SB45-SSA1, s. 1986i 24Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:
SB45-SSA1,1029,3
1101.143 (4) (c) 11. For a site that is classified as low or medium risk under s.
2101.144, costs that exceed the amount necessary to comply with sub. (3) (c) 3. and
3with enforcement standards using the least costly method, subject to par. (b) 16.
SB45-SSA1, s. 1986k 4Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:
SB45-SSA1,1029,85 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub.
6(3) (cw) 1. and that exceed the amount necessary to comply with sub. (3) (c) 3. and
7with enforcement standards using the method specified in the notice, subject to par.
8(b) 16.
SB45-SSA1, s. 1986m 9Section 1986m. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4)
10(cm) 1. and amended to read:
SB45-SSA1,1029,2211 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and
12customary costs for any items under par. (b) and may that are commonly associated
13with claims under this section. The department shall
use that schedule to determine
14the amount of a claimant's eligible costs for an occurrence for which a competitive
15bidding process is not used, except in circumstances under which higher costs must
16be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an
17occurrence for which a competitive bidding process is used, the department may not
18use the schedule. In the schedule, the department shall specify the maximum
19number of reimbursable hours for particular tasks and the maximum reimbursable
20hourly rates for those tasks. The department shall use methods of data collection and
21analysis that enable the schedule to be revised to reflect changes in actual costs. This
22subdivision does not apply after June 30, 2001
.
SB45-SSA1, s. 1986p 23Section 1986p. 101.143 (4) (cm) 2. of the statutes is created to read:
SB45-SSA1,1030,224 101.143 (4) (cm) 2. The department may establish a schedule of usual and
25customary costs for any items under par. (b) and may use that schedule to determine

1the amount of a claimant's eligible costs. This subdivision applies after June 30,
22001.
SB45-SSA1, s. 1987b 3Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
SB45-SSA1,1030,114 101.143 (4) (d) 2. (intro.) The department shall issue the award under this
5paragraph without regard to fault in an amount equal to the amount of the eligible
6costs that exceeds a the deductible amount of $2,500 plus 5% of the eligible costs, but
7not more than $7,500 per occurrence, except that the deductible amount for a
8petroleum product storage system that is owned by a school district or a technical
9college district and that is used for storing heating oil for consumptive use on the
10premises is 25% of eligible costs
under par. (dg). An award issued under this
11paragraph may not exceed the following for each occurrence:
SB45-SSA1, s. 1991c 12Section 1991c. 101.143 (4) (dg) of the statutes is created to read:
SB45-SSA1,1030,1413 101.143 (4) (dg) Deductible; underground systems. The amount of the
14deductible for an award under par. (d) is as follows for each occurrence:
SB45-SSA1,1030,2015 1. Except as provided under par. (di), for an owner or operator of an
16underground petroleum product storage tank system that is located at a facility at
17which petroleum is stored for resale or an owner or operator of an underground
18petroleum product storage tank system that handles an annual average of more than
1910,000 gallons of petroleum per month, $5,000 plus 4% of the amount by which
20eligible costs exceed $100,000.
SB45-SSA1,1030,2321 2. For a school district or a technical college district with respect to a discharge
22from an underground petroleum product storage tank system that is used for storing
23heating oil for consumptive use on the premises, 25% of eligible costs.
SB45-SSA1,1030,2524 3. For the owner or operator of a petroleum product storage system that is
25described in par. (ei) 1., $5,000.
SB45-SSA1,1031,2
14. For an owner or operator other than an owner or operator described in subd.
21., 2. or 3., $2,500, plus 5% of eligible costs, but not more than $7,500.
SB45-SSA1, s. 1992c 3Section 1992c. 101.143 (4) (di) of the statutes is created to read:
SB45-SSA1,1031,104 101.143 (4) (di) Rules concerning deductible for underground systems. The
5department may promulgate rules describing a class of owners and operators of
6underground petroleum product storage tank systems otherwise subject to par. (dg)
71. for whom the deductible is the amount under par. (dg) 4. rather than the amount
8under par. (dg) 1. if the class is based on financial hardship or consists of local
9governmental units that are conducting remedial action as part of projects to
10redevelop brownfields, as defined in s. 560.13 (1) (a).
SB45-SSA1, s. 1993c 11Section 1993c. 101.143 (4) (dm) 2. a. of the statutes is amended to read:
SB45-SSA1,1031,1312 101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5%
1310% of the amount by which eligible costs exceed $200,000.
SB45-SSA1, s. 1993f 14Section 1993f. 101.143 (4) (dm) 2. c. of the statutes is amended to read:
SB45-SSA1,1031,1715 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage
16system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs but not more
17than $7,500
$5,000 per occurrence.
SB45-SSA1, s. 1993m 18Section 1993m. 101.143 (4) (ei) 2. of the statutes is repealed and recreated to
19read:
SB45-SSA1,1031,2320 101.143 (4) (ei) 2. The department shall review claims related to discharges
21from farm tanks described in subd. 1. as soon as the claims are received. The
22department shall issue an award for an eligible discharge from a farm tank described
23in subd. 1. as soon as it completes the review of the claim.
SB45-SSA1, s. 1994 24Section 1994. 101.143 (9m) of the statutes is created to read:
SB45-SSA1,1032,8
1101.143 (9m) Revenue obligations. (a) For purposes of subch. II of ch. 18, the
2petroleum storage remedial action program is a special fund program, and the
3petroleum inspection fund is a special fund. The petroleum inspection fund is a
4segregated fund created by the imposition of fees, penalties or excise taxes. The
5legislature finds and determines that a nexus exists between the petroleum storage
6remedial action program and the petroleum inspection fund in that fees imposed on
7users of petroleum are used to remedy environmental damage caused by petroleum
8storage.
SB45-SSA1,1032,139 (b) Deposits, appropriations or transfers to the petroleum inspection fund for
10the purposes of the petroleum storage remedial action program may be funded with
11the proceeds of revenue obligations issued subject to and in accordance with subch.
12II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV
13of ch. 18.
SB45-SSA1,1032,1714 (e) The department shall have all other powers necessary and convenient to
15distribute the special fund revenues and to distribute the proceeds of the revenue
16obligations in accordance with subch. II of ch. 18 and, if designated a higher
17education bond, in accordance with subch. IV of ch. 18.
SB45-SSA1,1032,2118 (f) The department may enter into agreements with the federal government or
19its agencies, political subdivisions of this state, individuals or private entities to
20insure or in any other manner provide additional security for the revenue obligations
21issued under this subsection.
SB45-SSA1,1033,522 (g) Revenue obligations may be contracted by the building commission when
23it reasonably appears to the building commission that all obligations incurred under
24this subsection can be fully paid on a timely basis from moneys received or
25anticipated to be received. Revenue obligations issued under this subsection may not

1exceed $270,000,000 in principal amount. In addition to this limit on principal
2amount, the building commission may contract revenue obligations under this
3subsection as the building commission determines is desirable to fund or refund
4outstanding revenue obligations, to pay issuance or administrative expenses, to
5make deposits to reserve funds or to pay accrued or capitalized interest.
SB45-SSA1,1033,76 (gm) Of the revenue obligations authorized under par. (g), no more than
7$170,000,000 may be issued until all of the following conditions have been met:
SB45-SSA1,1033,118 1. The joint committee on finance has approved, at a regular quarterly meeting
9under s. 13.10, a report jointly submitted by the departments of administration,
10commerce and natural resources. The report shall include information regarding all
11of the following:
SB45-SSA1,1033,1212 a. The proposed issuance of any revenue obligations in excess of $170,000,000.
SB45-SSA1,1033,1413 b. The amount of claims under sub. (3) received during the 2 calendar quarters
14immediately preceding the date of the report.
SB45-SSA1,1033,1615 c. The number and dollar amount of claims under sub. (3) that the department
16of commerce has received but not paid.
SB45-SSA1,1033,1917 d. The progress made by the departments of administration, commerce and
18natural resources in implementing cost control strategies to reduce the costs of
19cleanups at sites for which claims are submitted under sub. (3).
SB45-SSA1,1033,2120 2. The departments of commerce and natural resources have jointly
21promulgated permanent rules under sub. (2) (h) to (j).
SB45-SSA1,1034,222 (h) Unless otherwise expressly provided in resolutions authorizing the
23issuance of revenue obligations or in other agreements with the owners of revenue
24obligations, each issue of revenue obligations under this subsection shall be on a
25parity with every other revenue obligation issued under this subsection and in

1accordance with subch. II of ch. 18 and, if designated a higher education bond, in
2accordance with subch. IV of ch. 18.
SB45-SSA1,1034,83 (i) Recognizing its moral obligation to do so, the legislature expresses its
4expectation and aspiration that, if the legislature reduces the rate of the petroleum
5inspection fee and if the funds in the petroleum inspection fund are insufficient to
6pay the principal and interest on the revenue obligations issued under subch. II or
7IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation
8from the general fund sufficient to pay the principal and interest on the obligations.
SB45-SSA1, s. 1994m 9Section 1994m. 101.143 (11) of the statutes is created to read:
SB45-SSA1,1034,1510 101.143 (11) Reports. No later than each January 1 and July 1, the department
11of commerce and the department of natural resources shall submit the the governor,
12to the joint legislative audit committee, to the joint committee on finance and to the
13appropriate standing committees of the legislature, under s. 13.172 (3), a report on
14the program under this section. The departments shall include all of the following
15information in the report:
SB45-SSA1,1034,1816 (a) All of the following information for each petroleum product storage system
17and home oil tank system from which a discharge has occurred for which remedial
18action activities are being conducted:
SB45-SSA1,1034,1919 1. The date on which the record of the site investigation was received.
SB45-SSA1,1034,2120 2. The environmental risk factors, as defined by the department of commerce
21by rule, identified at the site.
SB45-SSA1,1034,2222 3. The year in which the approval under sub. (3) (c) 4. is expected to be issued.
SB45-SSA1,1034,2423 (am) The number of notices received under sub. (3) (a) 3. and the number of
24approvals given under sub. (3) (c) 4.
SB45-SSA1,1034,2525 (b) The percentage of sites classified as high risk under s. 101.144.
SB45-SSA1,1035,3
1(c) The name of each person providing engineering consulting services to a
2claimant under this section and the number of claimants to whom the person has
3provided those services.
SB45-SSA1,1035,54 (d) The charges for engineering consulting services for sites for which
5approvals are given under sub. (3) (c) 4. and for other sites.
SB45-SSA1,1035,86 (e) The charges by service providers other than engineering consultants for
7services for which reimbursement is provided under this section, including
8excavating, hauling, laboratory testing and landfill disposal.
SB45-SSA1,1035,109 (em) Whether disputes have arisen between the departments under sub. (3)
10(cw) 2. and, if so, how those disputes have been resolved.
SB45-SSA1,1035,1311 (f) Strategies for recording and monitoring complaints of fraud in the program
12under this section and for the use of employes of the department of commerce who
13conduct audits to identify questionable claims and investigate complaints.
SB45-SSA1, s. 1995p 14Section 1995p. 101.144 (1) (ae) of the statutes is created to read:
SB45-SSA1,1035,1515 101.144 (1) (ae) "Enforcement standard" has the meaning given in s. 160.01 (2).
SB45-SSA1, s. 1995r 16Section 1995r. 101.144 (1) (aq) of the statutes is created to read:
SB45-SSA1,1035,2117 101.144 (1) (aq) Except as provided under sub. (3g), "high-risk site" means the
18site of a discharge of a petroleum product from a petroleum storage tank if the
19discharge has resulted in a concentration of contaminants that exceeds an
20enforcement standard in soil that has a hydraulic conductivity of 1x10-5 centimeters
21per second or if at least one of the following applies:
SB45-SSA1,1035,2422 1. Repeated tests show that the discharge has resulted in a concentration of
23contaminants in a well used to provide water for human consumption that exceeds
24a preventive action limit, as defined in s. 160.01 (6).
SB45-SSA1,1036,2
12. Petroleum product that is not in dissolved phase is present with a thickness
2of 0.01 feet or more, as shown by repeated measurements.
SB45-SSA1,1036,53 3. An enforcement standard is exceeded in groundwater within 1,000 feet of a
4well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any
5other well used to provide water for human consumption.
SB45-SSA1,1036,66 4. An enforcement standard is exceeded in bedrock.
SB45-SSA1, s. 1996c 7Section 1996c. 101.144 (2) (b) 1. of the statutes is amended to read:
SB45-SSA1,1036,108 101.144 (2) (b) 1. The site of the discharge is classified, as provided under sub.
9(3m) (a) 3., as medium priority risk or low priority risk, based on the threat that the
10discharge poses to public health, safety and welfare and to the environment.
SB45-SSA1, s. 1996e 11Section 1996e. 101.144 (2) (b) 2. of the statutes is amended to read:
SB45-SSA1,1036,1412 101.144 (2) (b) 2. The site of the discharge is not contaminated by a hazardous
13substance other than the petroleum product, including any additive, that was
14discharged from the petroleum storage tank.
SB45-SSA1, s. 1997c 15Section 1997c. 101.144 (3g) of the statutes is created to read:
SB45-SSA1,1037,816 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified
17under this section, excluding sites that are contaminated by a hazardous substance
18other than a petroleum product or an additive to a petroleum product, are classified
19as high-risk sites, the department of commerce and the department of natural
20resources shall attempt to reach an agreement that specifies standards for
21determining whether the site of a discharge of a petroleum product from a petroleum
22storage tank is classified as high risk. The standards shall be designed to classify
23no more than 35% of those sites as high-risk sites and may not classify all sites at
24which an enforcement standard is exceeded as high-risk sites. If the department of
25commerce and the department of natural resources are unable to reach an

1agreement, they shall refer the matters on which they are unable to agree to the
2secretary of administration for resolution. The secretary of administration shall
3resolve any matters on which the departments disagree in a manner that is
4consistent with this paragraph. The department of commerce shall promulgate rules
5incorporating any agreement between the department of commerce and the
6department of natural resources under this paragraph and any resolution of
7disagreements between the departments by the secretary of administration under
8this paragraph.
SB45-SSA1,1037,139 (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites
10classified under this section, excluding sites that are contaminated by a hazardous
11substance other than a petroleum product or an additive to a petroleum product, are
12classified as high-risk sites, the department of commerce shall revise the rules using
13the procedure for promulgating the rules in par. (a).
SB45-SSA1, s. 1998ac 14Section 1998ac. 101.144 (3m) (a) 3. of the statutes is amended to read:
SB45-SSA1,1037,1915 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for
16determining whether the site of a discharge of a petroleum product from a petroleum
17storage tank is classified as high priority, medium priority risk or low priority risk
18and establishes procedures and schedules for classifying sites of discharges of
19petroleum products from petroleum storage tanks
.
SB45-SSA1, s. 1998af 20Section 1998af. 101.63 (3m) of the statutes is created to read:
SB45-SSA1,1038,221 101.63 (3m) Contract with a private organization to provide education
22regarding construction standards and inspection requirements under this
23subchapter and under rules promulgated under this subchapter to builders of
24dwellings in this state. The department may only contract with an organization
25under this subsection if the organization
is described in section 501 (c) (3) of the

1Internal Revenue Code and is exempt from federal income tax under section 501 (a)
2of the Internal Revenue Code.
SB45-SSA1, s. 1998ak 3Section 1998ak. 101.651 (title) of the statutes is amended to read:
SB45-SSA1,1038,4 4101.651 (title) Certain municipalities excepted exempted.
SB45-SSA1, s. 1998ap 5Section 1998ap. 101.651 (1) (title) of the statutes is created to read:
SB45-SSA1,1038,66 101.651 (1) (title) Definition.
SB45-SSA1, s. 1998as 7Section 1998as. 101.651 (2) of the statutes is repealed.
SB45-SSA1, s. 1998av 8Section 1998av. 101.651 (2m) of the statutes is created to read:
SB45-SSA1,1038,139 101.651 (2m) Exemption by resolution. A municipality shall exercise
10jurisdiction over the construction and inspection of new one- and 2-family dwellings
11by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction
12granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless the municipality
13does any of the following by resolution:
SB45-SSA1,1038,1814 (a) Requests under sub. (3) that the department or a county enforce this
15subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the
16municipality and that the department or a county provide inspection services in the
17municipality to administer and enforce this subchapter or an ordinance enacted
18under s. 101.65 (1) (a).
SB45-SSA1,1038,2519 (b) Determines not to exercise jurisdiction over the construction and inspection
20of new one- and 2-family dwellings under s. 101.65 (1) (a), not to exercise jurisdiction
21jointly under s. 101.65 (1) (b), not to request under sub. (3) that the department or
22a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a)
23throughout the municipality and not to request under sub. (3) that the department
24or a county provide inspection services in the municipality to administer and enforce
25this subchapter or an ordinance enacted under s. 101.65 (1) (a).
SB45-SSA1, s. 1998ay
1Section 1998ay. 101.651 (3) of the statutes is amended to read:
SB45-SSA1,1039,102 101.651 (3) Departmental and county authority in municipalities; generally.
3Except as provided in sub. (3m) or (3s), the department or a county may not enforce
4this subchapter or an ordinance enacted under s. 101.65 (1) (a) or provide inspection
5services in a municipality unless requested to do so by a person with respect to a
6particular dwelling or by the municipality. A request by a person or a municipality
7with respect to a particular dwelling does not give the department or a county
8authority with respect to any other dwelling. Costs shall be collected under s. 101.65
9(1) (c) or ss. 101.63 (9) and 101.65 (2) from the a person or municipality making the
10a request under this subsection.
SB45-SSA1, s. 1998bc 11Section 1998bc. 101.651 (3m) (title) of the statutes is created to read:
SB45-SSA1,1039,1312 101.651 (3m) (title) Authority over erosion control in towns,
13unincorporated areas and certain exempted municipalities.
SB45-SSA1, s. 1998bg 14Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a)
15and amended to read:
SB45-SSA1,1039,2216 101.651 (3m) (a) The department may enforce s. 101.653 in a municipality that
17does not perform or contract for inspection services under s. 101.65 (1) (a) or (b)
18adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an
19ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any
20city or village that does not perform or contract for inspection services under s. 101.65
21(1) (a) or (b)
adopts a resolution under sub. (2m) (b). The department or the county
22shall collect a fee for the inspection services under this subsection.
SB45-SSA1, s. 1998bL 23Section 1998bL. 101.651 (3s) of the statutes is renumbered 101.651 (3m) (b).
SB45-SSA1, s. 1998bp 24Section 1998bp. 101.651 (4) (title) of the statutes is created to read:
SB45-SSA1,1039,2525 101.651 (4) (title) Data relating to housing starts in municipalities.
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