SB400: Bill Text

LRB-4069/1

RCT:skg:ks

1995 - 1996 LEGISLATURE

1995 Senate BILL 400

November 1, 1995 - Introduced by Senators Rude, Moen, Buettner and Breske, cosponsored by Representatives Huebsch, Johnsrud, Freese, Ott, Goetsch, Musser, Zukowski, Wilder, Boyle, Grothman, Plombon, Kreibich and Skindrud. Referred to Committee on Environment and Energy.

SB400,1,4 An Act to amend 101.143 (1) (fg), 101.143 (4) (d) 2. (intro.) and d., 101.143 (4) (dm) 2. b., 101.143 (4) (dm) 3. b. and 101.143 (4) (e) 2.; and to create 101.143 (4) (ek) of the statutes; relating to: eligibility for awards for costs incurred because of discharges from certain petroleum product storage tanks.

Analysis by the Legislative Reference Bureau

Currently, under the petroleum storage remedial action program (commonly called PECFA), this state pays a portion of the costs incurred by the owners and operators of certain petroleum product storage tanks to remedy environmental damage caused by discharges from those storage tanks. Under current law, PECFA generally does not cover costs related to discharges from tanks used to store heating oil for use on the premises where stored. PECFA does cover heating oil tanks owned by school districts and technical college districts and provides limited coverage of home and farm heating oil tanks.

Under this bill, PECFA covers costs incurred because of a discharge from a heating oil tank of 15,000 gallons or less capacity that is owned by a dairy cooperative if the owner has received a letter or notice from the department of natural resources or the department of development indicating that the owner must conduct an investigation of a discharge or a cleanup or has received an order to conduct an investigation or discharge. Under the bill, the owner of a dairy cooperative heating oil tank is subject to the same deductible and maximum payment amounts as is a school district or technical college district under current law.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

SB400, s. 1 Section 1. 101.143 (1) (fg) of the statutes is amended to read:

SB400,2,11 101.143 (1) (fg) "Petroleum product storage system" means a storage tank that is located in this state and is used to store petroleum products together with any on-site integral piping or dispensing system. The term does not include pipeline facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale; farm tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale, except as provided in sub. (4) (ei); tanks used for storing heating oil for consumptive use on the premises where stored, except for heating oil tanks owned by school districts and heating oil tanks owned by technical college districts and except as provided in sub. (4) (ei) and (ek); or tanks owned by this state or the federal government.

SB400, s. 2 Section 2. 101.143 (4) (d) 2. (intro.) and d. of the statutes are amended to read:

SB400,2,20 101.143 (4) (d) 2. (intro.) The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises or for a petroleum product storage system described in par. (ek) is 25% of eligible costs. An award issued under this paragraph may not exceed the following for each occurrence:

SB400,2,24 d. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored or for a petroleum product storage system described in par. (ek), $190,000.

SB400, s. 3 Section 3. 101.143 (4) (dm) 2. b. of the statutes is amended to read:

SB400,3,4 101.143 (4) (dm) 2. b. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored or for a petroleum storage system described in par. (ek), 25% of eligible costs.

SB400, s. 4 Section 4. 101.143 (4) (dm) 3. b. of the statutes is amended to read:

SB400,3,9 101.143 (4) (dm) 3. b. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored or for a petroleum product storage system described in par. (ek), $190,000.

SB400, s. 5 Section 5. 101.143 (4) (e) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB400,3,21 101.143 (4) (e) 2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $10,000, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises where stored or for a petroleum product storage system described in par. (ek) is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.

SB400, s. 6 Section 6. 101.143 (4) (ek) of the statutes is created to read:

SB400,4,5 101.143 (4) (ek) Awards for certain dairy cooperative tanks. A heating oil tank of 15,000 gallons or less capacity that is used for storing number 1 or number 2 fuel oil for consumptive use on the premises where stored and that is owned by a dairy cooperative is a petroleum product storage system for the purposes of this section if the owner has received a letter or notice from the department of development or department of natural resources indicating that the owner must conduct a site investigation or remedial action because of a discharge from the heating oil tank or has received an order to conduct such a investigation or remedial action.

SB400,4,6 (End)