Amendment SSA2-SB86

SB86-SSA2,31,7 101.143 (4) (c) 8. a. If the applicant has gross revenues of not more than $5,000,000 in the most recent tax year before the applicant submits a claim, 1% over the prime rate.

SB86-SSA2,31,10 b. If the applicant has gross revenues of more than $5,000,000 but not more than $15,000,000 in the most recent tax year before the applicant submits a claim, the prime rate.

SB86-SSA2,31,13 c. If the applicant has gross revenues of more than $15,000,000 but not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.

SB86-SSA2,31,16 d. If the applicant has gross revenues of more than $25,000,000 but not more than $35,000,000 in the most recent tax year before the applicant submits a claim, 2% under the prime rate.

SB86-SSA2,31,19 e. If the applicant has gross revenues of more than $35,000,000 but not more than $45,000,000 in the most recent tax year before the applicant submits a claim, 3% under the prime rate.

SB86-SSA2,31,21 f. If the applicant has gross revenues of more than $45,000,000 in the most recent tax year before the applicant submits a claim, 4% under the prime rate.

SB86-SSA2, s. 77 Section 77. 101.143 (4) (c) 10. of the statutes is created to read:

SB86-SSA2,31,23 101.143 (4) (c) 10. Fees charged under sub. (2) (L) or s. 292.55 (2).

SB86-SSA2, s. 78 Section 78. 101.143 (4) (c) 11. of the statutes is created to read:

SB86-SSA2,32,3 101.143 (4) (c) 11. For a site that is classified as low or medium risk under s. 101.144, costs that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the least costly method, subject to par. (b) 16.

SB86-SSA2, s. 79 Section 79. 101.143 (4) (c) 12. of the statutes is created to read:

SB86-SSA2,32,8 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice, subject to par. (b) 16.

SB86-SSA2, s. 80 Section 80. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1. and amended to read:

SB86-SSA2,32,22 101.143 (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.

SB86-SSA2, s. 81 Section 81. 101.143 (4) (cm) 2. of the statutes is created to read:

SB86-SSA2,33,2 101.143 (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.

SB86-SSA2, s. 82 Section 82. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

SB86-SSA2,33,11 101.143 (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 the deductible amount of $2,500 plus 5% of the eligible costs, 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 under par. (dg). An award issued under this paragraph may not exceed the following for each occurrence:

SB86-SSA2, s. 83 Section 83. 101.143 (4) (dg) of the statutes is created to read:

SB86-SSA2,33,14 101.143 (4) (dg) Deductible; underground systems. The amount of the deductible for an award under par. (d) is as follows for each occurrence:

SB86-SSA2,33,20 1. Except as provided under par. (di), for an owner or operator of an underground petroleum product storage tank system that is located at a facility at which petroleum is stored for resale or an owner or operator of an underground petroleum product storage tank system that handles an annual average of more than 10,000 gallons of petroleum per month, $5,000 plus 4% of the amount by which eligible costs exceed $100,000.

SB86-SSA2,33,23 2. For a school district or a technical college district with respect to a discharge from an underground petroleum product storage tank system that is used for storing heating oil for consumptive use on the premises, 25% of eligible costs.

SB86-SSA2,33,25 3. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $5,000.

SB86-SSA2,34,2 4. For an owner or operator other than an owner or operator described in subd. 1., 2. or 3., $2,500, plus 5% of eligible costs, but not more than $7,500.

SB86-SSA2, s. 84 Section 84. 101.143 (4) (di) of the statutes is created to read:

SB86-SSA2,34,10 101.143 (4) (di) Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to par. (dg) 1. for whom the deductible is the amount under par. (dg) 4. rather than the amount under par. (dg) 1. if the class is based on financial hardship or consists of local governmental units that are conducting remedial action as part of projects to redevelop brownfields, as defined in s. 234.88 (1) (a).

SB86-SSA2, s. 85 Section 85. 101.143 (4) (dm) 2. a. of the statutes is amended to read:

SB86-SSA2,34,13 101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5% 10% of the amount by which eligible costs exceed $200,000.

SB86-SSA2, s. 86 Section 86. 101.143 (4) (dm) 2. c. of the statutes is amended to read:

SB86-SSA2,34,17 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs but not more than $7,500 $5,000 per occurrence.

SB86-SSA2, s. 87 Section 87. 101.143 (4) (ei) 2. of the statutes is repealed and recreated to read:

SB86-SSA2,34,22 101.143 (4) (ei) 2. The department shall review claims related to discharges from farm tanks described in subd. 1. as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. as soon as it completes the review of the claim.

SB86-SSA2, s. 88 Section 88. 101.143 (9m) of the statutes is created to read:

SB86-SSA2,35,6 101.143 (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.

SB86-SSA2,35,11 (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.

SB86-SSA2,35,15 (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.

SB86-SSA2,35,19 (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.

SB86-SSA2,36,3 (g) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received. 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.

SB86-SSA2,36,5 (gm) Of the revenue obligations authorized under par. (g), no more than $170,000,000 may be issued until all of the following conditions have been met:

SB86-SSA2,36,9 1. The joint committee on finance has approved, at a regular quarterly meeting under s. 13.10, a report jointly submitted by the departments of administration, commerce and natural resources. The report shall include information regarding all of the following:

SB86-SSA2,36,10 a. The proposed issuance of any revenue obligations in excess of $170,000,000.

SB86-SSA2,36,12 b. The amount of claims under sub. (3) received during the 2 calendar quarters immediately preceding the date of the report.

SB86-SSA2,36,14 c. The number and dollar amount of claims under sub. (3) that the department of commerce has received but not paid.

SB86-SSA2,36,17 d. The progress made by the departments of administration, commerce and natural resources in implementing cost control strategies to reduce the costs of cleanups at sites for which claims are submitted under sub. (3).

SB86-SSA2,36,19 2. The departments of commerce and natural resources have jointly promulgated permanent rules under sub. (2) (h) to (j).

SB86-SSA2,36,25 (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.

SB86-SSA2,37,6 (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.

SB86-SSA2, s. 89 Section 89. 101.143 (11) of the statutes is created to read:

SB86-SSA2,37,13 101.143 (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:

SB86-SSA2,37,16 (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:

SB86-SSA2,37,17 1. The date on which the record of the site investigation was received.

SB86-SSA2,37,19 2. The environmental risk factors, as defined by the department of commerce by rule, identified at the site.

SB86-SSA2,37,20 3. The year in which the approval under sub. (3) (c) 4. is expected to be issued.

SB86-SSA2,37,22 (am) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.

SB86-SSA2,37,23 (b) The percentage of sites classified as high risk under s. 101.144.

SB86-SSA2,38,3 (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.

SB86-SSA2,38,5 (d) The charges for engineering consulting services for sites for which approvals are given under sub. (3) (c) 4. and for other sites.

SB86-SSA2,38,8 (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.

SB86-SSA2,38,10 (em) Whether disputes have arisen between the departments under sub. (3) (cw) 2. and, if so, how those disputes have been resolved.

SB86-SSA2,38,13 (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.

SB86-SSA2, s. 90 Section 90. 101.144 (1) (ae) of the statutes is created to read:

SB86-SSA2,38,15 101.144 (1) (ae) "Enforcement standard" has the meaning given in s. 160.01 (2).

SB86-SSA2, s. 91 Section 91. 101.144 (1) (aq) of the statutes is created to read:

SB86-SSA2,38,21 101.144 (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:

SB86-SSA2,38,24 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).

SB86-SSA2,39,2 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.

SB86-SSA2,39,5 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.

SB86-SSA2,39,6 4. An enforcement standard is exceeded in bedrock.

SB86-SSA2, s. 92 Section 92. 101.144 (2) (b) 1. of the statutes is amended to read:

SB86-SSA2,39,10 101.144 (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.

SB86-SSA2, s. 93 Section 93. 101.144 (2) (b) 2. of the statutes is amended to read:

SB86-SSA2,39,14 101.144 (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.

SB86-SSA2, s. 94 Section 94. 101.144 (3g) of the statutes is created to read:

SB86-SSA2,40,8 101.144 (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.

SB86-SSA2,40,13 (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).

SB86-SSA2, s. 95 Section 95. 101.144 (3m) (a) 3. of the statutes is amended to read:

SB86-SSA2,40,19 101.144 (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.

SB86-SSA2, s. 96 Section 96. 281.59 (4) (b) of the statutes is amended to read:

SB86-SSA2,41,3 281.59 (4) (b) The department of administration may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

SB86-SSA2, s. 97 Section 97. Nonstatutory provisions.

SB86-SSA2,41,7 (1) Financial management. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of commerce shall do all of the following:

SB86-SSA2,41,10 (a) Update its financial data base for the program under section 101.143 of the statutes to ensure that complete cost information related to each occurrence and to the annual payment to each owner or operator is readily available.

SB86-SSA2,41,15 (b) Investigate any variances between the amount of total payments indicated by the department's financial data base for the program under section 101.143 of the statutes and the amount of total payments indicated by the accounts maintained by the department of administration under section 16.52 of the statutes to identify when the variances occurred and the reasons for the variances.

SB86-SSA2,41,18 (c) Make any changes in the department's financial data base needed to ensure that the data base is consistent with the accounts maintained by the department of administration under section 16.52 of the statutes.

SB86-SSA2,41,19 (2) Rule making.

SB86-SSA2,41,23 (a) The department of commerce and the department of natural resources shall submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

SB86-SSA2,42,10 (b) Using the procedure under section 227.24 of the statutes, the department of commerce and the department of natural resources shall promulgate the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until September 1, 2000, or the date on which rules under par. (a) take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the departments are not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The departments shall promulgate rules under this paragraph no later than the 30th day after the effective date of this paragraph.

SB86-SSA2,42,20 (c) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules to implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than November 1, 1999.

SB86-SSA2,42,23 (d) The department of commerce shall submit in proposed form any rules under section 101.143 (2) (h) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.