LRB-0740/1
RCT:jld:pg
2007 - 2008 LEGISLATURE
November 9, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Ethics Reform and Government Operations.
SB317,1,4
1An Act to repeal 15.157 (11) and 101.143 (8); and
to amend 101.143 (6) (b) of
2the statutes;
relating to: eliminating the Petroleum Storage Environmental
3Cleanup Council (suggested as remedial legislation by the Department of
4Commerce).
Analysis by the Legislative Reference Bureau
This bill eliminates the Petroleum Storage Environmental Cleanup Council
(council). Under current law, the council is required to advise the Department of
Natural Resources and the Department of Commerce about the petroleum storage
remedial action program, commonly known as PECFA.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
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:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Commerce and introduced by the Law Revision
Committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various
provisions of the bill, the Law Revision Committee has determined that this bill makes
minor substantive changes in the statutes, and that these changes are desirable as a
matter of public policy.
SB317, s. 1
1Section
1. 15.157 (11) of the statutes is repealed.
Note: Repeals the statutory provision creating the petroleum storage
environmental cleanup council. The repealed language provides as follows:
15.157 (11) Petroleum storage environmental cleanup council.
There is created in the department of commerce a petroleum storage
environmental cleanup council consisting of 5 members appointed for
4-year terms and the secretary of natural resources and the secretary
of commerce, or their designees. The governor shall appoint the
members, other than ex officio members, to the council from lists of
names submitted by the secretary of natural resources and by the
secretary of commerce. In preparing the lists, each secretary shall
consider representatives from petroleum product transporters,
manufacturers, suppliers, retailers and wholesalers, professional
geologists, hydrologists and soil scientists and environmental
scientists, consultants, contractors and engineers.
According to the Department of Commerce, the petroleum storage environmental
cleanup council has not convened for several years. The department states that code
committees, used on a continuing basis, have replaced the council's role and that
stakeholders who previously participated as part of the council are now represented in
the code committees, as well as additional stakeholders.
SB317, s. 2
2Section
2. 101.143 (6) (b) of the statutes is amended to read:
SB317,2,53
101.143
(6) (b) The department
, after consultation with the petroleum storage
4environmental cleanup council, shall determine whether proof of financial
5responsibility submitted under par. (a) satisfies par. (a).
Note: Deletes reference to the petroleum storage environmental cleanup council,
reflecting the repeal of the council by this bill.
SB317, s. 3
6Section
3. 101.143 (8) of the statutes is repealed.
Note: Repeals statutory language setting forth duties of the petroleum storage
environmental cleanup council, which is repealed by this bill. The repealed language
provides as follows:
101.143 (8) Petroleum storage environmental cleanup council.
The petroleum storage environmental cleanup council shall do all of
the following:
(a) Advise the secretary on any rules which may be promulgated
under this section.
(b) Review and advise the secretary and the secretary of natural
resources on the implementation of the petroleum product remedial
action program established under this section.
