[Act 9 Vetoed Sections: 1986m, 1986p, 9110(3yu) and 9110(3yx)]
14. PECFA -- ADMINISTRATIVE RULES [LFB Papers 300 and 307]
Joint Finance: Require Commerce and DNR to promulgate joint emergency rules within 30 days of the effective date of the bill related to procedures, cost-effective administration and inter-agency training practices. Require Commerce and DNR to attempt to agree on the rules. If DNR and Commerce are unable to reach an agreement, require the Secretary of DOA to resolve the matter. Direct that DNR and Commerce promulgate emergency rules without a finding of emergency by November 30, 1999. Direct Commerce and DNR to submit permanent rules to the Legislature under s. 227.19 no later than June 1, 2000. The rule changes would be:
a. Commerce and DNR would be required to promulgate joint rules specifying procedures to be used by Commerce and DNR while remedial actions are being conducted, including: (1) annual reviews that include the use of risk-based analysis; (2) annual reports by consultants estimating the additional costs that must be incurred to complete the remedial action activities in compliance with the groundwater enforcement standard; (3) a definition of "reasonable period of time" to complete remedial action by use of natural attenuation in compliance with the groundwater enforcement standards; and (4) procedures to be used in measuring contaminant concentrations for purposes of directing remedial action activities and site closure decisions in compliance with the groundwater enforcement standards.
b. Commerce and DNR would be required to promulgate joint rules to facilitate effective and cost-efficient administration of the program that specify: (1) information that must be submitted under the section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted but for which a final claim has not been submitted; (2) formats for submitting the information required under (1); and (3) review procedures that must be followed by DNR and Commerce staff when reviewing the information submitted under (1).
c. Commerce and DNR would be required to promulgate joint rules specifying: (1) the conditions under which Commerce and DNR employes must issue approvals of remedial action activities; and (2) training and management procedures to ensure that employes comply with the requirements under (1).
d. DNR would be required to submit any changes required in its administrative rules necessary to implement the joint DNR and Commerce rules promulgated under (a), (b) and (c) to the Legislature under s. 227.19 no later than June 1, 2000.
Senate: Make the following changes related to promulgation of PECFA administrative rules by Commerce and DNR:
a. Direct Commerce, in consultation with DNR, to promulgate rules (instead of requiring joint promulgation under Joint Finance). Delete the Joint Finance requirement that if DNR and Commerce are unable to reach an agreement on rules, that the Secretary of DOA would be required to resolve the matter.
b. Direct Commerce to submit proposed permanent rules to the Legislative Council Staff no later than the first day of the third month beginning after the effective date of the bill and DNR to submit proposed changes in its administrative rules to implement the bill to the Legislative Council Staff no later than the first day of the sixth month after the effective date of the bill (instead of requiring Commerce and DNR to submit permanent rules to the Legislature under s. 227.19 no later than June 1, 2000).
c. Delete the Joint Finance requirement that Commerce and DNR promulgate joint rules on: (1) a definition of "reasonable period of time" to complete remedial action by use of natural attenuation in compliance with the groundwater enforcement standards; and (2) procedures to be used in measuring contaminant concentrations for purposes of directing remedial action activities and site closure decisions in compliance with the groundwater enforcement standards.
Conference Committee/Legislature: Include Joint Finance provision.
[Act 9 Sections: 1980c thru 1981g, 9110(3yu) and 9136(3yt)]
15. PECFA -- FINANCIAL MANAGEMENT [LFB Papers 300 and 307]
Joint Finance/Legislature: Require Commerce to make improvements to its financial management of the PECFA program. Commerce would be required, no later than the first day of the sixth month beginning after the effective date of the bill (April 1, 2000), to: (a) update its financial data base for the PECFA program to ensure that complete cost information related to each occurrence and to the annual payment to each owner or operator is readily available; (b) investigate any variances between the amount of total payments indicated by the financial data base for the PECFA program and the amount of total payments indicated by the accounts maintained by DOA to identify when the variances occurred and the reasons for the variances; and (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 DOA.
[Act 9 Section: 9110(3yt)]
16. PECFA -- EMERGENCY SITUATION [LFB Papers 300 and 303]
Joint Finance: Require that in order to submit a PECFA claim for an emergency situation, the owner or operator must have notified DNR and Commerce of the emergency before conducting the remedial action and DNR and Commerce must have jointly authorized emergency action. Repeal the portion of the current law definition of emergency as a situation where the owner or operator acted in good faith in conducting the remedial action activities and did not willfully avoid conducting the investigation or preparing the remedial action plan.
Senate: Require that in order to submit a PECFA claim for an emergency situation, the owner or operator must have notified DNR (but not Commerce as under Joint Finance) of the emergency before conducting the remedial action and DNR (instead of DNR and Commerce jointly under Joint Finance) must have authorized emergency action.
Conference Committee/Legislature: Include Joint Finance provision.
[Act 9 Sections: 1985e and 1985f]
17. ENVIRONMENTAL REGULATORY SERVICES INFORMA-TION TECHNOLOGY APPLICATIONS
SEG $581,600
Governor/Legislature: Provide $290,800 annually from the petroleum inspection fund for the services of computer programmer analysts and development of existing and planned database and automation projects. This includes: (a) $111,600 annually for the Petroleum Inspection Bureau, of which $90,000 annually is one-time funding for accelerated modification and improvement of current petroleum inspection and tank databases, and $21,600 annually is ongoing funding for computer programmer analyst services to maintain and modify the databases; and (b) $179,200 annually for the PECFA Bureau, of which $90,000 is one-time funding for accelerated modification and improvement of the current PECFA database, and $89,200 annually is ongoing funding for computer programmer analyst services, maintenance and development of the database and development of data exchanges with DNR.
18. PETROLEUM LABORATORY EQUIPMENT [LFB Paper 309]
Governor: Provide $29,800 annually from the petroleum inspection fund to purchase mercury free equipment for 14 petroleum laboratories throughout the state. The funds would be provided under a seven-year master lease, with total lease payments over eight fiscal years of $417,200 (based on a 6.25% interest rate). The $333,800 in total principal amount includes: (a) $93,000 for six automatic reid vapor pressure units, which measure the internal pressure within gasoline, or its tendency to volatize; (b) $210,000 for 14 electronic flash point test units, which test the gas contaminants in oil samples; and (c) $30,800 for 14 gravitometers, which measure the specific gravity of gas and oil.
Joint Finance/Legislature: Modify the Governor's recommendation to provide $29,800 SEG in 1999-00 and $59,600 in 2000-01. In addition, authorize Commerce to contract with private laboratories to conduct petroleum testing activities currently performed by the Department's 14 petroleum inspection laboratories.
[Act 9 Sections: 1972c and 2303r]
19. PETROLEUM TANK LOCAL PROGRAM OPERATOR PROGRAM [LFB Paper 310]
Governor: Decrease by $750,000 annually the amount in unallotted reserve for storage tank local program operator (LPO) payments from the petroleum inspection fund. The LPO program provides funds to local governments and contractors that inspect underground and aboveground storage tanks. LPOs are paid based on the number of tanks in the geographic area of the contract. Current expenditure authority for LPO payments is $3,152,000 annually, of which half ($1,576,000) is budgeted as supplies and services and the other half is in unallotted reserve and transferred when payments exceed $1,576,000. The bill would maintain $2,402,000 annually for LPO payments.
Joint Finance/Legislature: Based on a reestimate of need, delete an additional $202,000 SEG annually. A total of $2,200,000 annually would be available for the program.
20. HAZARDOUS SUBSTANCE TANK REGULATION
SEG-REV $20,000
Governor/Legislature: Expand the Department's authority for regulation of tanks that store flammable and combustible liquids to also include tanks that store liquids that are considered hazardous substances under the federal Superfund Act. Specify that these tanks would be subject to the current $100 groundwater fee for plan review and approval if they have a capacity of 1,000 gallons or more. The current groundwater fee applies to plan reviews for tanks that store flammable and combustible liquids and that have a capacity of 1,000 gallons or more. Up to 200 tanks annually could become subject to the groundwater fee, which is deposited in the environmental fund.
[Act 9 Sections: 1973 thru 1975, 1976 and 1979]
21. HOME HEATING OIL TANK REGULATION
Assembly: Exempt underground and aboveground heating oil tanks that store less than 1,100 gallons for residential consumptive use on the premises where stored from any rules that require an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance, requiring an owner to implement a program for determining whether a release of a stored substance has occurred or requiring an owner to permanently close or upgrade a storage tank.
Senate: Exempt underground and aboveground heating oil tanks that store less than 1,100 gallons for residential, consumptive use on the premises where stored from any administrative rules that require an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance.
Currently, underground heating oil tanks of 4,000 gallons or less in capacity must start a release detection program that meets Commerce rules by May 1, 2001, including tank tightness testing every two years, or the tanks must be upgraded or closed by May 1, 2006. New underground heating oil tanks of 4,000 gallons or less in capacity installed on or after May 1, 1991, must comply with release detection requirements of the Commerce rules. Aboveground tanks of 5,000 gallons or less in capacity do not have to meet similar upgrading requirements.
Conference Committee/Legislature: Exempt underground and above ground heating oil tanks that store less than 1,100 gallons for residential, consumptive use on the premises where stored from any administrative rules that: (a) require an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance; or (b) require an owner to permanently close or upgrade a storage tank. Specify that the provision would only apply to tanks installed before the effective date of the bill.
Veto by Governor [B-15]: Delete the exemption of home heating oil tanks from administrative rules that require an owner to permanently close or upgrade a petroleum storage tank (Item "b" above).
[Act 9 Section: 1975m]
[Act 9 Vetoed Section: 1975m]
22. SAFETY AND BUILDINGS STAFF [LFB Paper 311]
Governor: Provide $438,700 in 1999-2000 and $515,700 in 2000-01 with 7.5 positions in the Division of Safety and Buildings. The positions would include: (a) 1.5 private sewage system plan reviewers for septage management activities; (b) 1.0 wastewater specialist for private onsite wastewater treatment system maintenance tracking; (c) 2.0 building plan reviewers; (d) 1.5 engineering consultants related to fire prevention and suppression review and inspection; (e) 1.0 engineering consultant for audit of certain programs delegated to local governments; and (f) 0.5 environmental health specialist to inspect "sick buildings." The Division develops administrative rules, reviews plans and performs inspections related to construction such as commercial buildings, dwellings, plumbing, private sewage systems, electrical and heating systems and elevators. Program revenue is provided from several plan review and inspection activities. Administration officials indicate that Commerce would promulgate administrative rule changes to increase several fees to generate additional revenue beginning in 2000-01.
Joint Finance/Legislature: Delete $56,400 PR in 1999-00 and $66,000 PR in 2000-01 with 1.0 PR position.
23. PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM TRAINING CENTER [LFB Paper 312]
Governor: Provide $125,000 each year as one-time financing, to establish, in conjunction with the University of Wisconsin-Small Scale Waste Management Project, a private onsite wastewater treatment system (POWTS) training center at the UW Arlington Farm facility. The Department anticipates that POWTS installers and manufacturers would provide an in-kind match of time or equipment valued at up to $250,000 during the 1999-01 biennium. The training center would provide classroom training and demonstrations using real POWTS components and equipment. Training would be available to local government code administrators, plumbers, soil testers, POWTS system designers, homeowners, builders and realtors.
Joint Finance/Legislature: Delete provision.
24. PRIVATE SEWAGE SYSTEM REPLACEMENT OR REHABILITATION GRANT PROGRAM [LFB Paper 431]
Governor: Make the following changes in the private sewage system replacement or rehabilitation grant program. Base level funding of $3,500,000 GPR annually is available for financial assistance to home and small business owners who meet certain income and eligibility criteria, to cover a portion of the cost of repairing or replacing failing private sewage systems.
a. Change the definition of annual family income to federal adjusted gross income of the owner of the failing private sewage system and the owner's spouse instead of the current use of the Wisconsin adjusted gross income. Under the program, a person who owns a principal residence served by a failing private sewage system is eligible for a grant if the owner's annual family income does not exceed $45,000.
b. Provide grant eligibility if the private sewage system serving the principal residence or the small commercial establishment was installed before July 1, 1978, and the owner meets the other eligibility requirements. This would replace the current requirement that the principal residence was constructed and inhabited before July 1, 1978, and is served by a covered private sewage system (one that discharges sewage into surface water, groundwater or bedrock or to drain tile or the surface of the ground) or the small commercial establishment was constructed before July 1, 1978, and is served by a covered system.
c. Add a $3 million private sewage system replacement or rehabilitation no-interest loan program administered by Commerce and DOA for counties to supplement state payments if funding is prorated. (See the entry under the "Environmental Improvement Fund.")
Joint Finance: Approve the Governor's recommendation and provide a delayed effective date to apply to applications received by Commerce on or after February 1, 2000, for the 2001-02 grant cycle. In addition, provide the highest priority for private sewage system replacement or rehabilitation grants for current category one systems that fail by discharging sewage to an outstanding resource water (ORW), as designated by DNR, or to groundwater. Grants for this new category consisting of ORW and groundwater discharge systems would be paid in full before other grants are paid. If there are insufficient funds to provide payments for all priority one grants, these grants would be prorated and no funds would be available for other systems. The remaining current category one systems would become a second priority, be renamed category two, and include systems that fail by discharging sewage to surface water, drain tiles, bedrock or zones of saturated soils. Current category two and three systems would be renumbered three and four.
Senate: Delete the Joint Finance provision that would have provided the highest priority for private sewage system replacement or rehabilitation grants for current category one systems that fail by discharging sewage to an outstanding resource water (ORW), as designated by DNR, or to groundwater. This would return to the current law provision of the highest grant priority for category one systems that fail by discharging sewage to groundwater, surface water, drain tiles, bedrock or zones of saturated soils.
Conference Committee/Legislature: Include Joint Finance provision.
Veto by Governor [B-16]: Delete the requirement that Commerce provide the highest priority for private sewage system replacement or rehabilitation grants for current category one systems that fail by discharging sewage to an outstanding resource water (ORW), as designated by DNR, or to groundwater.
[Act 9 Sections: 2220, 2222, 2225 thru 2227 and 9310(5t)]
[Act 9 Vetoed Sections: 2216m thru 2219p, 2221m, 2223m, 2224m, 2228m, 2231m thru 2237i, 9310(4x) and 9410(4x)]
25. REGULATION OF RADIOACTIVE MATERIAL
Governor/Legislature: Eliminate the authority of Commerce to regulate sources of radiation. Currently, Commerce and DHFS are together authorized to perform various activities related to radioactive materials regulation. Specify that DHFS would be the state radiation control agency. (See the entry under "DHFS -- Public Health.") Delete statutory provisions which currently require Commerce to: (a) promulgate, amend and repeal rules that are necessary to prevent unnecessary radiation; (b) administer radiation regulations; (c) develop policies and programs for the evaluation of radiation hazards; (d) advise, consult and cooperate with other agencies relating to radiation regulation; (e) facilitate or conduct research and demonstrations relating to radiation; (f) collect and disseminate radiation health education information; (g) review plans for and inspect radiation sources; (h) conduct a number of activities related to radon gas; and (i) when necessary, enter public or private property for radiation control investigations. Delete Commerce's authority to impound radioactive materials.
26. FIRE DUES DISTRIBUTION [LFB Paper 313]
PR $1,000,000
