Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,231,21 101.09 (2) (cm) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that have a capacity of less than 1,100 gallons and that are used to store heating oil for residential, consumptive use on the premises where stored.".

AB133-SSA1-SA1,231,22 832. Page 1018, line 14: after that line insert:

AB133-SSA1-SA1,231,23 " Section 1977m. 101.1205 (5m) of the statutes is amended to read:

AB133-SSA1-SA1,232,6 101.1205 (5m) Notwithstanding subs. (1) and (5), a county, city, village or town that has in effect on January 1, 1994, may administer and enforce an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1).".

AB133-SSA1-SA1,232,8 833. Page 1019, line 4: delete the material beginning with that line and ending with page 1031, line 23, and substitute:

AB133-SSA1-SA1,232,9 " Section 1979pm. 101.143 (1) (bm) of the statutes is created to read:

AB133-SSA1-SA1,232,11 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01 (2).

AB133-SSA1-SA1, s. 1979rm Section 1979rm. 101.143 (1) (cq) of the statutes is created to read:

AB133-SSA1-SA1,232,15 101.143 (1) (cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.

AB133-SSA1-SA1, s. 1980cm Section 1980cm. 101.143 (2) (h) of the statutes is created to read:

AB133-SSA1-SA1,232,20 101.143 (2) (h) The department of commerce, in consultation with the department of natural resources, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

AB133-SSA1-SA1,232,23 1. Information that must be submitted under this section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted under sub. (3) but for which a final claim has not been submitted.

AB133-SSA1-SA1,232,24 2. Formats for submitting the information under subd. 1.

AB133-SSA1-SA1,233,3 3. Review procedures that must be followed by employes of the department of natural resources and the department of commerce in reviewing the information under subd. 1.

AB133-SSA1-SA1, s. 1981cm Section 1981cm. 101.143 (2) (i) of the statutes is created to read:

AB133-SSA1-SA1,233,10 101.143 (2) (i) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying procedures for evaluating remedial actions under sub. (3) (c) 3. to be used by employes of the department of commerce and the department of natural resources while remedial actions are being conducted. The department of commerce shall specify procedures that include all of the following for ongoing remedial actions:

AB133-SSA1-SA1,233,12 1. Annual reviews that include application of the method under sub. (2e) (a) to determine the risk posed by discharges that are the subject of the remedial actions.

AB133-SSA1-SA1,233,14 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards.

AB133-SSA1-SA1, s. 1981em Section 1981em. 101.143 (2) (j) of the statutes is created to read:

AB133-SSA1-SA1,233,18 101.143 (2) (j) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying all of the following:

AB133-SSA1-SA1,233,20 1. The conditions under which employes of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.

AB133-SSA1-SA1,233,22 2. Training and management procedures to ensure that employes comply with the requirements under subd. 1.

AB133-SSA1-SA1, s. 1982cm Section 1982cm. 101.143 (2e) of the statutes is created to read:

AB133-SSA1-SA1,234,4 101.143 (2e) Risk-based analysis. (a) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying a method, which shall include consideration of the routes for migration of petroleum product contamination, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

AB133-SSA1-SA1,234,8 (b) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method under par. (a) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

AB133-SSA1-SA1, s. 1983bm Section 1983bm. 101.143 (3) (c) 2. of the statutes is amended to read:

AB133-SSA1-SA1,234,12 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department.

AB133-SSA1-SA1, s. 1983f Section 1983f. 101.143 (3) (cg) of the statutes is created to read:

AB133-SSA1-SA1,234,21 101.143 (3) (cg) Approval to begin remedial action. 1. Except as provided in subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may not begin remedial action under par. (c) 3. with respect to a discharge without the approval of the department of commerce and the department of natural resources. The department of commerce and the department of natural resources shall jointly determine when it is appropriate to begin remedial action with respect to a discharge based on the determination of risk under sub. (2e) (b) for the discharge and the availability of funds to pay awards under sub. (4).

AB133-SSA1-SA1,234,25 2. Subdivision 1. does not apply if the discharge is from a home oil tank system, a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum product storage system that is owned by a school district and that is used for storing heating oil for consumptive use on the premises where stored.

AB133-SSA1-SA1,235,2 3. Subdivision 1. does not apply to remedial action in response to an emergency if par. (g) applies.

AB133-SSA1-SA1,235,5 4. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd. 1. applies is not required to begin remedial action under par. (c) 3. until the owner or operator receives approval under subd. 1.

AB133-SSA1-SA1, s. 1983mm Section 1983mm. 101.143 (3) (cm) of the statutes is amended to read:

AB133-SSA1-SA1,235,12 101.143 (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 attenuation of petroleum product contamination.

AB133-SSA1-SA1, s. 1983tm Section 1983tm. 101.143 (3) (cp) of the statutes is created to read:

AB133-SSA1-SA1,235,19 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 4., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB133-SSA1-SA1,235,23 2. The department of commerce may not implement the process under subd. 1. if 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.

AB133-SSA1-SA1,236,2 3. The department of commerce may not implement the process under subd. 1. if the department of natural resources waives the requirement on the grounds that waiver is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

AB133-SSA1-SA1,236,5 4. The department of commerce may not implement the process under subd. 1. if the secretary of natural resources waives the requirement after providing notice to the secretary of commerce.

AB133-SSA1-SA1, s. 1984cm Section 1984cm. 101.143 (3) (cs) of the statutes is created to read:

AB133-SSA1-SA1,236,14 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium priority under s. 101.144 (3m) and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

AB133-SSA1-SA1,236,21 2. The department of natural resources and the department of commerce shall review the remedial action plan for a site that is classified as high priority under s. 101.144 (3m) and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

AB133-SSA1-SA1,236,24 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB133-SSA1-SA1, s. 1984m Section 1984m. 101.143 (3) (cw) of the statutes is created to read:

AB133-SSA1-SA1,237,8 101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium priority under s. 101.144 (3m) and shall determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB133-SSA1-SA1,237,17 2. The department of natural resources and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high priority under s. 101.144 (3m) and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB133-SSA1-SA1,237,20 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB133-SSA1-SA1, s. 1985bm Section 1985bm. 101.143 (3) (d) of the statutes is amended to read:

AB133-SSA1-SA1,238,6 101.143 (3) (d) Review of site investigations, remedial action plans and Final review of 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. 292.11. 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.

AB133-SSA1-SA1, s. 1985em Section 1985em. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated, renumbered 101.143 (3) (g) and amended to read:

AB133-SSA1-SA1,238,17 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if any of the following apply: 1. An an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of natural resources of the emergency and the department of natural resources authorized emergency action.

AB133-SSA1-SA1, s. 1985fm Section 1985fm. 101.143 (3) (g) 2. of the statutes is repealed.

AB133-SSA1-SA1, s. 1985mm Section 1985mm. 101.143 (4) (b) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,238,23 101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c), eligible costs for an award under par. (a) include actual costs or, if the department establishes a schedule usual and customary cost under par. (cm) for an item, usual and customary costs for the following items only:

AB133-SSA1-SA1, s. 1986gm Section 1986gm. 101.143 (4) (c) 10. of the statutes is created to read:

AB133-SSA1-SA1,239,2 101.143 (4) (c) 10. Costs incurred with respect to a discharge if sub. (3) (cg) 1. applies and remedial action is begun before approval is given under sub. (3) (cg) 1.

AB133-SSA1-SA1, s. 1986i Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:

AB133-SSA1-SA1,239,5 101.143 (4) (c) 11. Costs that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the least costly method.

AB133-SSA1-SA1, s. 1986k Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:

AB133-SSA1-SA1,239,9 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

AB133-SSA1-SA1, s. 1986mm Section 1986mm. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1. and amended to read:

AB133-SSA1-SA1,239,23 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and customary costs for any items under par. (b) and may that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of a claimant's eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an occurrence for which a competitive bidding process is used, the department may not use the schedule. In the schedule, the department shall specify the maximum number of reimbursable hours for particular tasks and the maximum reimbursable hourly rates for those tasks. The department shall use methods of data collection and analysis that enable the schedule to be revised to reflect changes in actual costs. This subdivision does not apply after June 30, 2001.

AB133-SSA1-SA1, s. 1986pm Section 1986pm. 101.143 (4) (cm) 2. of the statutes is created to read:

AB133-SSA1-SA1,240,4 101.143 (4) (cm) 2. The department may establish a schedule of usual and customary costs for any items under par. (b) and may use that schedule to determine the amount of a claimant's eligible costs. This subdivision applies after June 30, 2001.

AB133-SSA1-SA1, s. 1987b Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,240,16 101.143 (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 100% of the amount by which eligible costs exceed $18,750 but do not exceed $21,250, plus 10% of the amount by which eligible costs exceed $21,250 but do not exceed $40,000, plus 5% of the amount by which eligible costs exceed $40,000, 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 is 25% of eligible costs. An award issued under this paragraph may not exceed the following for each occurrence:".

AB133-SSA1-SA1,240,17 834. Page 1033, line 1: delete "$270,000,000" and substitute "$450,000,000".

AB133-SSA1-SA1,240,18 835. Page 1033, line 6: delete lines 6 to 21.

AB133-SSA1-SA1,240,20 836. Page 1034, line 9: delete the material beginning with that line and ending with page 1037, line 19, and substitute:

AB133-SSA1-SA1,240,21 " Section 1994mm. 101.143 (11) of the statutes is created to read:

AB133-SSA1-SA1,241,4 101.143 (11) Annual report. No later than October 1 annually, the department of commerce and the department of natural resources shall submit 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 for the fiscal year ending on June 30 of the year in which the report is submitted. The departments shall include all of the following information in the report:

AB133-SSA1-SA1,241,6 (a) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.

AB133-SSA1-SA1,241,7 (b) The percentage of sites classified as high priority under s. 101.144 (3m).

AB133-SSA1-SA1,241,10 (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.

AB133-SSA1-SA1,241,12 (d) The charges for engineering consulting services for sites for which approvals are given under sub. (3) (c) 4. and for other sites.

AB133-SSA1-SA1,241,15 (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.

AB133-SSA1-SA1,241,18 (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.".

AB133-SSA1-SA1,241,19 837. Page 1037, line 25: delete "501 (c) (3)" and substitute "501 (c) (6)".

AB133-SSA1-SA1,241,22 838. Page 1038, line 12: delete lines 12 and 13 and substitute "granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:".

AB133-SSA1-SA1,241,24 839. Page 1038, line 14: delete that line and substitute: "(a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this".

AB133-SSA1-SA1,242,1 840. Page 1038, line 16: delete "the department or".

AB133-SSA1-SA1,242,4 841. Page 1038, line 19: delete that line and substitute: "(b) The municipality adopts a resolution determining not to exercise jurisdiction over the construction and inspection".

AB133-SSA1-SA1,242,6 842. Page 1038, line 21: delete "sub. (3) that the department or" and substitute "sub. (3) (a) that".

AB133-SSA1-SA1,242,8 843. Page 1038, line 23: delete "sub. (3) that the department" and substitute "sub. (3) (a) that".

AB133-SSA1-SA1,242,9 844. Page 1038, line 24: delete "or".

AB133-SSA1-SA1,242,10 845. Page 1038, line 25: after that line insert:

AB133-SSA1-SA1,242,14 "(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).".

AB133-SSA1-SA1,242,15 846. Page 1039, line 1: before that line insert:

AB133-SSA1-SA1,242,16 " Section 1998aw. 101.651 (3) (title) of the statutes is created to read: