101.143 (9m) Revenue obligations. (a) For purposes of subch. II of ch. 18, the petroleum storage remedial action program is a special fund program, and the petroleum inspection fund is a special fund. The petroleum inspection fund is a segregated fund created by the imposition of fees, penalties or excise taxes. The legislature finds and determines that a nexus exists between the petroleum storage remedial action program and the petroleum inspection fund in that fees imposed on users of petroleum are used to remedy environmental damage caused by petroleum storage.
(b) Deposits, appropriations or transfers to the petroleum inspection fund for the purposes of the petroleum storage remedial action program may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.
(e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.
(f) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.
(g) 1. Subject to the limitation under subd. 2., the building commission shall contract revenue obligations under this subsection, as soon as practicable after the effective date of this subdivision .... [revisor inserts date], in the maximum amount that the building commission believes can be fully paid on a timely basis from moneys received or anticipated to be received.
2. Revenue obligations issued under this subsection may not exceed $270,000,000 in principal amount. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds or to pay accrued or capitalized interest.
(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the owners of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.
(i) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if the legislature reduces the rate of the petroleum inspection fee and if the funds in the petroleum inspection fund are insufficient to pay the principal and interest on the revenue obligations issued under subch. II or IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation from the general fund sufficient to pay the principal and interest on the obligations.
9,1994m
Section 1994m. 101.143 (11) of the statutes is created to read:
101.143 (11) Reports. No later than each January 1 and July 1, the department of commerce and the department of natural resources shall submit the the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:
(a) All of the following information for each petroleum product storage system and home oil tank system from which a discharge has occurred for which remedial action activities are being conducted:
1. The date on which the record of the site investigation was received.
2. The environmental risk factors, as defined by the department of commerce by rule, identified at the site.
3. The year in which the approval under sub. (3) (c) 4. is expected to be issued.
(am) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.
(b) The percentage of sites classified as high risk under s. 101.144.
(c) The name of each person providing engineering consulting services to a claimant under this section and the number of claimants to whom the person has provided those services.
(d) The charges for engineering consulting services for sites for which approvals are given under sub. (3) (c) 4. and for other sites.
(e) The charges by service providers other than engineering consultants for services for which reimbursement is provided under this section, including excavating, hauling, laboratory testing and landfill disposal.
(em) Whether disputes have arisen between the departments under sub. (3) (cw) 2. and, if so, how those disputes have been resolved.
(f) Strategies for recording and monitoring complaints of fraud in the program under this section and for the use of employes of the department of commerce who conduct audits to identify questionable claims and investigate complaints.
9,1995p
Section 1995p. 101.144 (1) (ae) of the statutes is created to read:
101.144 (1) (ae) "Enforcement standard" has the meaning given in s. 160.01 (2).
9,1995r
Section 1995r. 101.144 (1) (aq) of the statutes is created to read:
101.144 (1) (aq) Except as provided under sub. (3g), "high-risk site" means the site of a discharge of a petroleum product from a petroleum storage tank if
the discharge has resulted in a concentration of contaminants that exceeds an enforcement standard in soil that has a hydraulic conductivity of 1x10-5 centimeters per second or if at least one of the following applies:
1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in s. 160.01 (6).
2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.
3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.
4. An enforcement standard is exceeded in fractured bedrock.
9,1996c
Section 1996c. 101.144 (2) (b) 1. of the statutes is amended to read:
101.144 (2) (b) 1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium priority risk or low priority risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.
9,1996e
Section 1996e. 101.144 (2) (b) 2. of the statutes is amended to read:
101.144 (2) (b) 2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.
9,1997c
Section 1997c. 101.144 (3g) of the statutes is created to read:
101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
(b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce shall revise the rules using the procedure for promulgating the rules in par. (a).
9,1998ac
Section 1998ac. 101.144 (3m) (a) 3. of the statutes is amended to read:
101.144 (3m) (a) 3. Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority risk or low priority risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.
9,1998af
Section 1998af. 101.63 (3m) of the statutes is created to read:
101.63
(3m) Contract with a private organization to provide
education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state. The department may only contract with an organization under this subsection if the organization is described in section
501 (c) (6) of the Internal Revenue Code and is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
9,1998ak
Section 1998ak. 101.651 (title) of the statutes is amended to read:
101.651 (title) Certain municipalities
excepted exempted.
9,1998ap
Section 1998ap. 101.651 (1) (title) of the statutes is created to read:
101.651 (1) (title) Definition.
9,1998as
Section 1998as. 101.651 (2) of the statutes is repealed.
9,1998av
Section 1998av. 101.651 (2m) of the statutes is created to read:
101.651 (2m) Exemption by resolution. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:
(a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).
(b) The municipality adopts a resolution determining not to exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings under s. 101.65 (1) (a), not to exercise jurisdiction jointly under s. 101.65 (1) (b), not to request under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and not to request under sub. (3) (a) that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).
(c) Under sub. (3) (b), the department enforces this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).
9,1998aw
Section 1998aw. 101.651 (3) (title) of the statutes is created to read:
101.651 (3) (title) Departmental and county authority in municipalities; generally.
9,1998ax
Section 1998ax. 101.651 (3) of the statutes is renumbered 101.651 (3) (a) and amended to read:
101.651 (3) (a) Except as provided in par. (b) or sub. (3m) or (3s), the department or a county may not enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under s. 101.65 (1) (c) or ss. 101.63 (9) and 101.65 (2) from the a person or municipality making the a request under this subsection.
9,1998az
Section 1998az. 101.651 (3) (b) of the statutes is created to read:
101.651 (3) (b) The department shall provide inspection services and shall enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout any municipality that does not exercise jurisdiction under sub. (2m) and that has not adopted a resolution under sub. (2m) (a) or (b).
9,1998bc
Section 1998bc. 101.651 (3m) (title) of the statutes is created to read:
101.651 (3m) (title) Authority over erosion control in towns, unincorporated areas and certain exempted municipalities.
9,1998bg
Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a) and amended to read:
101.651 (3m) (a) The department may enforce s. 101.653 in a municipality that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any city or village that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). The department or the county shall collect a fee for the inspection services under this subsection.
9,1998bL
Section 1998bL. 101.651 (3s) of the statutes is renumbered 101.651 (3m) (b).
9,1998bp
Section 1998bp. 101.651 (4) (title) of the statutes is created to read:
101.651 (4) (title) Data relating to housing starts in municipalities.
9,1998bt
Section 1998bt. 101.651 (5) (title) of the statutes is created to read:
101.651 (5) (title) Effect of section on certain laws.
9,1998bx
Section 1998bx. 101.651 (6) (title) of the statutes is created to read:
101.651 (6) (title) Energy conservation rules; continuing effect.
9,1998cc
Section 1998cc. 101.91 (1) of the statutes is renumbered 101.91 (2e).
9,1998cg
Section 1998cg. 101.91 (1g), (1m), (2g) and (2m) of the statutes are created to read:
101.91 (1g) "Delivery date" means the date on which a mobile home is physically delivered to the site chosen by the mobile home owner.
(1m) "License period" means the period during which a license issued under s. 101.951 or 101.952 is effective, as established by the department under s. 101.951 (2) (b) 1. or 101.952 (2) (b) 1.
(2g) "Mobile home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, mobile homes or who is engaged wholly or partially in the business of selling mobile homes, whether or not the mobile homes are owned by the person, but does not include:
(a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.
(b) Any public officer while performing that officer's official duty.
(c) Any employe of a person enumerated in par. (a) or (b).
(d) Any lender, as defined in s. 421.301 (22).
(e) A person transferring a mobile home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
(2m) "Mobile home owner" means any person who purchases, or leases from another, a mobile home primarily for use for personal, family or household purposes.
9,1998cL
Section 1998cL. 101.91 (3) of the statutes is amended to read:
101.91 (3) "Mobile home park" has the meaning given in s. 66.058 (1) (e) means any plot or plots of ground upon which 3 or more mobile homes or manufactured homes that are occupied for dwelling or sleeping purposes are located. "Mobile home park" does not include a farm where the occupants of the mobile homes or manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the mobile homes or manufactured homes work on the farm.
9,1998cp
Section 1998cp. 101.91 (4), (5) and (6) of the statutes are created to read:
101.91 (4) "Mobile home salesperson" means any person who is employed by a mobile home manufacturer or mobile home dealer to sell or lease mobile homes.
(5) "New mobile home" means a mobile home that has never been occupied, used or sold for personal or business use.
(6) "Used mobile home" means a mobile home that has previously been occupied, used or sold for personal or business use.
9,1998ct
Section 1998ct. 101.92 (9) of the statutes is created to read:
101.92 (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.953 and 101.954.
9,1998cx
Section 1998cx. 101.9202 of the statutes is created to read:
101.9202 Excepted liens and security interests. Sections 101.9203 to 101.9218 do not apply to or affect:
(1) A lien given by statute or rule of law to a supplier of services or materials for the mobile home.
