AB1089: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1089, s. 1 Section 1. 101.143 (2) (e) of the statutes is amended to read:

AB1089,3,8 101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), and (am) and (as) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.

AB1089, s. 2 Section 2. 101.143 (2) (h) of the statutes is created to read:

AB1089,3,14 101.143 (2) (h) The department may promulgate rules that require, in specified types of situations, a written determination from the department of natural resources that remedial action activities performed under sub. (3) (c) 3. meet the requirements of s. 144.76 before the department issues its approval under sub. (3) (c) 4.

AB1089, s. 3 Section 3. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB1089,3,22 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae), and (am) and (as), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB1089, s. 4 Section 4. 101.143 (3) (ae) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,4,6 101.143 (3) (ae) 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, except as provided in subd. 2. or 3.

AB1089, s. 5 Section 5. 101.143 (3) (ae) 3. of the statutes is created to read:

AB1089,4,11 101.143 (3) (ae) 3. Subdivision 1. does not apply if a change in rules promulgated by the department of natural resources necessitates further remedial action activities with respect to a petroleum product discharge for which an award was issued under this section.

AB1089, s. 6 Section 6. 101.143 (3) (am) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,4,22 101.143 (3) (am) 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system or a home oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, except as provided in subds. 2. to 4 5.

AB1089, s. 7 Section 7. 101.143 (3) (am) 5. of the statutes is created to read:

AB1089,5,2 101.143 (3) (am) 5. Subdivision 1. does not apply if a change in rules promulgated by the department of natural resources necessitates further remedial action activities with respect to a petroleum product discharge for which an award was issued under this section.

AB1089, s. 8 Section 8. 101.143 (3) (as) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB1089, s. 9 Section 9. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,5,10 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76.

AB1089, s. 10 Section 10. 101.143 (3) (cm) of the statute, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,5,18 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation of petroleum product contamination.

AB1089, s. 11 Section 11. 101.143 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,6,5 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

AB1089, s. 12 Section 12. 101.143 (3) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB1089, s. 13 Section 13. 101.143 (3) (f) 5. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,6,11 101.143 (3) (f) 5. The written approval of the department of natural resources or the department of commerce under par. (c) 4.

AB1089, s. 14 Section 14. 101.143 (4) (a) 8. of the statutes is created to read:

AB1089,6,22 101.143 (4) (a) 8. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and it is subsequently determined that the approved remedial action activities failed to remedy the discharge, then the department may approve additional financial assistance for costs incurred to enhance the approved remedial action activities or implement new remedial action activities. The total amount of an original award under this section plus additional financial assistance provided under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on amounts of awards.

AB1089, s. 15 Section 15. 101.143 (4) (b) 15. of the statutes is amended to read:

AB1089,7,3 101.143 (4) (b) 15. For an owner or operator only, compensation to 3rd parties for bodily injury and property damage caused by a petroleum products discharge from an underground a petroleum product storage tank system.

AB1089, s. 16 Section 16. 101.143 (4) (ce) of the statutes is created to read:

AB1089,7,10 101.143 (4) (ce) Eligible cost; service providers. 1. The department may promulgate rules under which the costs incurred for a specified service because of discharges from petroleum product storage systems located on the same or adjacent parcels of land are not eligible costs under par. (b) unless the owners or operators of those petroleum product storage systems obtain the service from the same service provider.

AB1089,7,19 2. The department may promulgate rules under which the department selects service providers to provide services for the operation or maintenance of remedial action equipment or systems in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services.

AB1089, s. 17 Section 17. 101.143 (4) (d) 1. of the statutes is amended to read:

AB1089,8,3 101.143 (4) (d) 1. The department shall issue an award under this paragraph for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2002, by the owner or operator of an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2002, by the owner or operator of an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2002.

AB1089, s. 18 Section 18. 101.143 (4) (dm) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089,8,14 101.143 (4) (dm) 1. The department shall issue an award under this paragraph for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2002, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2002, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2002.

AB1089, s. 19 Section 19. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:

AB1089,8,19 101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2002, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage system if those costs are not reimbursable under par. (dm) 1.

AB1089,8,22 c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2002, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable under par. (d) 1.

AB1089, s. 20 Section 20. 101.143 (7m) of the statutes is amended to read:

AB1089,9,8 101.143 (7m) Intervention in 3rd-party actions. An owner or operator of an underground a petroleum product storage tank system shall notify the department of any action by a 3rd party against the owner or operator for compensation for bodily injury or property damage caused by a petroleum products discharge from the underground petroleum product storage tank system if the owner or operator may be eligible for an award under this section. The department may intervene in any action by a 3rd party against an owner or operator for compensation for bodily injury or property damage caused by a petroleum products discharge from an underground a petroleum product storage tank system if the owner or operator may be eligible for an award under this section for compensation awarded in the action.

AB1089, s. 21 Section 21 . Nonstatutory provisions; commerce.

AB1089,9,18 (1) Additional awards for failed remedial action. The department of commerce shall study the implementation of section 101.143 (4) (a) 8. of the statutes, as created by this act, with particular attention to the effect of the maximum allowable awards under the petroleum environmental cleanup fund award program. No later than March 1, 1997, the department shall distribute its report on the study to the appropriate standing committees of the legislature, as determined by the president of the senate and the speaker of the assembly, in the manner provided under section 13.172 (3) of the statutes and to the cochairpersons of the joint committee on finance.

AB1089,9,19 (2) Emergency rules.

AB1089,9,24 (a) The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 101.143 of the statutes, as affected by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this paragraph.

AB1089,10,4 (b) The department of commerce may not promulgate emergency rules under paragraph (a) after December 31, 1996.

AB1089, s. 22 Section 22 . Nonstatutory provisions; industry, labor and human relations.

AB1089,10,13 (1) Emergency rules. Before July 1, 1996, the department of industry, labor and human relations may use the procedure under section 227.24 of the statutes to promulgate rules under section 101.143 of the statutes, as affected by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this subsection.

AB1089, s. 23 Section 23. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB1089,10,16 (1) Section 22 of this act takes effect on the day after publication.

AB1089,10,17 (End)