AB218-ASA1,16,2113
18.61
(3) (a) If the state fails to pay any revenue obligation in accordance with
14its terms, and default continues for a period of 30 days or if the state fails or refuses
15to comply with this subchapter or defaults in any agreement made with the
holders 16owners of any issue of revenue obligations, the
holders owners of 25% in aggregate
17principal amount of the revenue obligations of the issue then outstanding by
18instrument recorded in the office of the register of deeds of Dane county and approved
19or acknowledged in the same manner as a deed to be recorded may appoint a trustee
20to represent the
holders owners of the
notes or bonds revenue obligations for the
21purposes specifically provided in the instrument.
AB218-ASA1, s. 34
22Section
34. 18.61 (3) (b) (intro.) of the statutes is amended to read:
AB218-ASA1,16,2523
18.61
(3) (b) (intro.) The trustee may, and upon written request of the
holders 24owners of 25% in aggregate principal amount of the revenue obligations of the issue
25then outstanding shall, in the trustee's own name:
AB218-ASA1,17,72
18.61
(3) (b) 1. By action or proceeding, enforce all rights of all
holders owners 3of the issue of revenue obligations, including the right to require the state to collect
4enterprise or program income adequate to carry out any agreement as to, or pledge
5of, such income and to require the state to carry out any other agreements with the
6holders owners of the revenue obligations and to perform its duties under this
7subchapter;
AB218-ASA1,17,109
18.61
(3) (b) 3. By action, require the state to account as if it were the trustee
10of an express trust for the
holders owners of the revenue obligations;
AB218-ASA1,17,1312
18.61
(3) (b) 4. By action, enjoin any acts or things which may be unlawful or
13in violation of the rights of the
holders owners of the revenue obligations; and
AB218-ASA1,17,1815
18.61
(3) (c) The trustee shall have all of the powers necessary or appropriate
16for the exercise of any functions specifically set forth in this subchapter or incident
17to the general representation of the
holders owners of revenue obligations in the
18enforcement and protection of their rights.
AB218-ASA1,18,220
18.61
(4) Any public officer or public employe, as defined in s. 939.22 (30), and
21the surety on the person's official bond, or any other person participating in any
22direct or indirect impairment of any fund established under this subchapter, shall
23be liable in any action brought by the attorney general in the name of the state, or
24by any taxpayer of the state, or by the
holder of any evidence owner of revenue
1obligation payable in whole or in part, directly or indirectly, out of such fund, to
2restore to the fund all diversions from the fund.
AB218-ASA1,18,114
20.143
(3) (s)
Petroleum inspection fund — revenue obligation proceeds. As a
5continuing appropriation, all proceeds from revenue obligations that are issued
6under subch. II or IV of ch. 18, authorized under s. 101.143 (9m) and deposited in a
7fund in the state treasury created under s. 18.57 (1), to provide for reserves and for
8expenses of issuance and management of the revenue obligations, and the remainder
9to be transferred to the petroleum inspection fund for the purposes of the petroleum
10storage remedial action program under s. 101.143. Estimated disbursements under
11this paragraph shall not be included in the schedule under s. 20.005.
AB218-ASA1,18,1613
20.143
(3) (t)
Petroleum inspection fund -- revenue obligation repayment. From
14the petroleum inspection fund, a sum sufficient to repay the fund in the state
15treasury created under s. 18.57 (1) the amount needed to retire revenue obligations
16issued under subch. II or IV of ch. 18, as authorized under s. 101.143 (9m).
AB218-ASA1,19,218
20.143
(3) (u)
Revenue obligation debt service -- petroleum inspection fund. 19From the fund in the state treasury created under s. 18.57 (1), all moneys received
20by the fund for the purpose of the retirement of revenue obligations, providing for
21reserves and for operations relating to the management and retirement of revenue
22obligations issued under subch. II or IV of ch. 18, as authorized under s. 101.143 (9m).
23All moneys received by the fund are irrevocably appropriated in accordance with
24subch. II of ch. 18 and further established in resolutions authorizing the issuance of
25the revenue obligations and setting forth the distribution of funds to be received
1thereafter. Estimated disbursements under this paragraph shall not be included in
2the schedule under s. 20.005.
AB218-ASA1,19,94
20.143
(3) (v)
Petroleum storage environmental remedial action; awards. 5Biennially, from the petroleum inspection fund, the amounts in the schedule to pay
6awards under s. 101.143
and, legal costs incurred under s. 101.143 (7m)
, amounts
7to reduce principal of outstanding revenue obligations issued pursuant to s. 101.143
8(9m) and, if the department promulgates rules under s. 101.143 (2) (i) 1., to purchase,
9or provide funding to purchase, insurance described in s. 101.143 (2) (i) 2.
AB218-ASA1,19,1611
20.143
(3) (vb)
Petroleum storage environmental remedial action revenue
12bonding; awards. From the petroleum inspection fund, a sum sufficient not to exceed
13the net proceeds of special fund obligations issued pursuant to s. 101.143 (9m) to pay
14awards under s. 101.143 (4) and legal costs incurred under s. 101.143 (7m).
15Estimated disbursements under this paragraph shall not be included in the schedule
16under s. 20.005.
AB218-ASA1, s. 45
17Section
45. 25.47 of the statutes is renumbered 25.47 (intro.) and amended
18to read:
AB218-ASA1,19,20
1925.47 Petroleum inspection fund. (intro.) There is established a separate
20nonlapsible trust fund designated as the petroleum inspection fund, to consist of
the:
AB218-ASA1,19,21
21(1) The fees imposed under s. 168.12 (1)
, the.
AB218-ASA1,19,22
22(2) The payments under s. 101.143 (4) (h) 1m.
, the
AB218-ASA1,19,23
23(3) The payments under s. 101.143 (5) (a)
and the.
AB218-ASA1,19,24
24(4) The net recoveries under s. 101.143 (5) (c).
AB218-ASA1,20,2
125.47
(5) The moneys transferred from the appropriation account under s.
220.143 (3) (s).
AB218-ASA1,20,144
45.79
(9) (a) All moneys received from any source for repayment of loans,
5mortgages or mortgage loan notes funded with proceeds of revenue obligations
6issued under sub. (6) (c) shall be deposited into one or more separate nonlapsible
7trust funds in the state treasury or with a trustee as provided in s.
18.56 18.561 (9)
8(j)
or 18.562 (5) (e). The board may pledge revenues received by the funds to secure
9revenue obligations issued under sub. (6) (c) and shall have all other powers
10necessary and convenient to distribute the proceeds of the revenue obligations and
11loan repayments in accordance with subch. II of ch. 18. Unrestricted balances in the
12funds may be used to fund additional loans issued under sub. (6) (c) and pay the
13balances owing on loans after the assumptions of the loans or the closings of the sales
14of residences under sub. (10) (c).
AB218-ASA1,20,2116
84.59
(2) The department may, under s.
18.56 18.561 (5) and (9) (j)
or 18.562
17(3) and (5) (e), deposit in a separate and distinct fund outside the state treasury, in
18an account maintained by a trustee, revenues derived under s. 341.25. The revenues
19deposited are the trustee's revenues in accordance with the agreement between this
20state and the trustee or in accordance with the resolution pledging the revenues to
21the repayment of revenue obligations issued under this section.
AB218-ASA1,21,523
85.52
(5) (c) The department of administration may, under s.
18.56 18.561 (5)
24and (9) (j)
or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state
25treasury or in an account maintained by a trustee outside the state treasury, any
1portion of the revenues derived under s. 25.405 (2). The revenues deposited with a
2trustee outside the state treasury are the trustee's revenues in accordance with the
3agreement between this state and the trustee or in accordance with the resolution
4pledging the revenues to the repayment of revenue obligations issued under this
5subsection.
AB218-ASA1,21,87
101.143
(1) (bm) "Enforcement standard" has the meaning given in s. 160.01
8(2).
AB218-ASA1,21,1210
101.143
(1) (cq) "Natural attenuation" means the reduction in the
11concentration and mass of a substance, and the products into which the substance
12breaks down, due to naturally occurring physical, chemical and biological processes.
AB218-ASA1,21,1714
101.143
(2) (h) The department of commerce, in consultation with the
15department of natural resources, shall promulgate rules designed to facilitate
16effective and cost-efficient administration of the program under this section that
17specify all of the following:
AB218-ASA1,21,2018
1. Information that must be submitted under this section, including quarterly
19summaries of costs incurred with respect to a discharge for which a claim is intended
20to be submitted under sub. (3) but for which a final claim has not been submitted.
AB218-ASA1,21,2121
2. Formats for submitting the information under subd. 1.
AB218-ASA1,21,2422
3. Review procedures that must be followed by employes of the department of
23natural resources and the department of commerce in reviewing the information
24under subd. 1.
AB218-ASA1,22,6
1101.143
(2) (i) The department of commerce, in consultation with the
2department of natural resources, shall promulgate rules specifying procedures for
3evaluating remedial actions under sub. (3) (c) 3. to be used by employes of the
4department of commerce and the department of natural resources while remedial
5actions are being conducted. The department of commerce shall specify procedures
6that include all of the following for ongoing remedial actions:
AB218-ASA1,22,87
1. Annual reviews that include application of the method under sub. (2e) (a) to
8determine the risk posed by discharges that are the subject of the remedial actions.
AB218-ASA1,22,109
2. Annual reports by consultants estimating the additional costs that must be
10incurred to comply with sub. (3) (c) 3. and with enforcement standards.
AB218-ASA1,22,1412
101.143
(2) (j) The department of commerce, in consultation with the
13department of natural resources, shall promulgate rules specifying all of the
14following:
AB218-ASA1,22,1615
1. The conditions under which employes of the department of commerce and
16the department of natural resources must issue approvals under sub. (3) (c) 4.
AB218-ASA1,22,1817
2. Training and management procedures to ensure that employes comply with
18the requirements under subd. 1.
AB218-ASA1,22,2520
101.143
(2e) Risk-based analysis. (a) The department of commerce, in
21consultation with the department of natural resources, shall promulgate rules
22specifying a method, which shall include consideration of the routes for migration of
23petroleum product contamination, for determining the risk to public health, safety
24and welfare and to the environment posed by discharges for which the department
25of commerce receives notification under sub. (3) (a) 3.
AB218-ASA1,23,4
1(b) The department of natural resources or, if the discharge is covered under
2s. 101.144 (2) (b), the department of commerce shall apply the method under par. (a)
3to determine the risk posed by a discharge for which the department of commerce
4receives notification under sub. (3) (a) 3.
AB218-ASA1, s. 56
5Section
56. 101.143 (3) (c) 2. of the statutes is amended to read:
AB218-ASA1,23,86
101.143
(3) (c) 2. Prepare a remedial action plan that identifies specific
7remedial action activities proposed to be conducted under subd. 3.
and submit the
8remedial action plan to the department.
AB218-ASA1,23,1710
101.143
(3) (cg)
Approval to begin remedial action. 1. Except as provided in
11subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may
12not begin remedial action under par. (c) 3. with respect to a discharge without the
13approval of the department of commerce and the department of natural resources.
14The department of commerce and the department of natural resources shall jointly
15determine when it is appropriate to begin remedial action with respect to a discharge
16based on the determination of risk under sub. (2e) (b) for the discharge and the
17availability of funds to pay awards under sub. (4).
AB218-ASA1,23,2118
2. Subdivision 1. does not apply if the discharge is from a home oil tank system,
19a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum
20product storage system that is owned by a school district and that is used for storing
21heating oil for consumptive use on the premises where stored.
AB218-ASA1,23,2322
3. Subdivision 1. does not apply to remedial action in response to an emergency
23if par. (g) applies.
AB218-ASA1,24,3
14. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd.
21. applies is not required to begin remedial action under par. (c) 3. until the owner
3or operator receives approval under subd. 1.
AB218-ASA1,24,105
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
6owning a home oil tank system may, with the approval of the department of natural
7resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
8commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and
9implementing monitoring to ensure the effectiveness of
the natural
process of
10degradation attenuation of petroleum product contamination.
AB218-ASA1,24,1712
101.143
(3) (cp)
Bidding process. 1. Except as provided in subds. 2. to 4., if the
13department of natural resources or, if the site is covered under s. 101.144 (2) (b), the
14department of commerce estimates that the cost to complete a site investigation,
15remedial action plan and remedial action for an occurrence exceeds $60,000, the
16department of commerce shall implement a competitive public bidding process to
17obtain information to assist in making the determination under par. (cs).
AB218-ASA1,24,2118
2. The department of commerce may not implement the process under subd.
191. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well
20operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
21well used to provide water for human consumption.
AB218-ASA1,24,2522
3. The department of commerce may not implement the process under subd.
231. if the department of natural resources waives the requirement on the grounds that
24waiver is necessary in an emergency to prevent or mitigate an imminent hazard to
25public health, safety or welfare or to the environment.
AB218-ASA1,25,3
14. The department of commerce may not implement the process under subd.
21. if the secretary of natural resources waives the requirement after providing notice
3to the secretary of commerce.
AB218-ASA1,25,125
101.143
(3) (cs)
Determination of least costly method of remedial action. 1. The
6department of commerce shall review the remedial action plan for a site that is
7classified as low or medium priority under s. 101.144 (3m) and shall determine the
8least costly method of complying with par. (c) 3. and with enforcement standards.
9The department shall notify the owner or operator of its determination of the least
10costly method and shall notify the owner or operator that reimbursement for
11remedial action under this section is limited to the amount necessary to implement
12that method.
AB218-ASA1,25,1913
2. The department of natural resources and the department of commerce shall
14review the remedial action plan for a site that is classified as high priority under s.
15101.144 (3m) and shall jointly determine the least costly method of complying with
16par. (c) 3. and with enforcement standards. The departments shall notify the owner
17or operator of their determination of the least costly method and shall notify the
18owner or operator that reimbursement for remedial action under this section is
19limited to the amount necessary to implement that method.
AB218-ASA1,25,2220
3. In making determinations under subds. 1. and 2., the department of natural
21resources and the department of commerce shall determine whether natural
22attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
AB218-ASA1,26,624
101.143
(3) (cw)
Annual reviews. 1. The department of commerce shall conduct
25the annual review required under sub. (2) (i) 1. for a site that is classified as low or
1medium priority under s. 101.144 (3m) and shall determine the least costly method
2of completing remedial action at the site in order to comply with par. (c) 3. and with
3enforcement standards. The department shall notify the owner or operator of its
4determination of the least costly method and shall notify the owner or operator that
5reimbursement under this section for any remedial action conducted after the date
6of the notice is limited to the amount necessary to implement that method.
AB218-ASA1,26,157
2. The department of natural resources and the department of commerce shall
8conduct the annual review required under sub. (2) (i) 1. for a site that is classified as
9high priority under s. 101.144 (3m) and shall jointly determine the least costly
10method of completing remedial action at the site in order to comply with par. (c) 3.
11and with enforcement standards. The departments shall notify the owner or
12operator of their determination of the least costly method and shall notify the owner
13or operator that reimbursement under this section for remedial action conducted
14after the date of the notice is limited to the amount necessary to implement that
15method.
AB218-ASA1,26,1816
3. In making determinations under subds. 1. and 2., the department of natural
17resources and the department of commerce shall determine whether natural
18attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
AB218-ASA1,27,420
101.143
(3) (d)
Review of site investigations, remedial action plans and Final
21review of remedial action activities. The department of natural resources or, if the
22discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at
23the request of the claimant, review the site investigation and the remedial action
24plan and advise the claimant on the adequacy of proposed remedial action activities
25in meeting the requirements of s. 292.11. The advice is not an approval of the
1remedial action activities. The department of natural resources or, if the discharge
2is covered under s. 101.144 (2) (b), the department of commerce shall complete a final
3review of the remedial action activities within 60 days after the claimant notifies the
4appropriate department that the remedial action activities are completed.
AB218-ASA1, s. 63
5Section
63. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated,
6renumbered 101.143 (3) (g) and amended to read:
AB218-ASA1,27,157
101.143
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
8and 2., an owner or operator or the person may submit a claim for an award under
9sub. (4) after notifying the department under par. (a) 3., without completing an
10investigation under par. (c) 1. and without preparing a remedial action plan under
11par. (c) 2. if
any of the following apply: 1. An
an emergency existed which made the
12investigation under par. (c) 1. and the remedial action plan under par. (c) 2.
13inappropriate
and, before conducting remedial action, the owner or operator or
14person notified the department of natural resources of the emergency and the
15department of natural resources authorized emergency action.
AB218-ASA1, s. 65
17Section
65. 101.143 (4) (b) (intro.) of the statutes is amended to read:
AB218-ASA1,27,2118
101.143
(4) (b)
Eligible costs. (intro.)
Eligible Except as provided in par. (c),
19eligible costs for an award under par. (a) include actual costs or, if the department
20establishes a
schedule usual and customary cost under par. (cm)
for an item, usual
21and customary costs for the following items
only:
AB218-ASA1, s. 66
22Section
66. 101.143 (4) (c) 10. of the statutes is created to read:
AB218-ASA1,27,2423
101.143
(4) (c) 10. Costs incurred with respect to a discharge if sub. (3) (cg) 1.
24applies and remedial action is begun before approval is given under sub. (3) (cg) 1.