[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
Joint Finance/Legislature: Provide $500,000 PR annually to reflect a reestimate (to $7,000,000 PR annually) of the amount available for fire dues distribution to cities, villages and towns that maintain a fire department that complies with state law.
27. INSPECTION OF ALL NEW HOMES
Joint Finance: Require that, effective January 1, 2000, all new one- and two-family dwellings be inspected to determine compliance with the state one- and two-family dwelling code (also known as the Uniform Dwelling Code, s. 101.60 to s. 101.66 of the Wisconsin Statutes). Cities, villages or towns with a population of 2,500 or less, which are currently exempt from the code, would be required to administer the one- and two-family dwelling code in the municipality unless the local governing body adopts a resolution to take one of the following actions: (a) request the county to administer the code in the municipality; (b) request the Department of Commerce to administer the code in the municipality; or (c) decide to have no administration of the code in the municipality. The municipality would be authorized to charge fees for permit and inspection activities (the same authorization as municipalities with a population over 2,500 currently have).
Provide Commerce with $50,000 PR in 1999-00 and $100,000 PR in 2000-01 and direct the Department to use the funds to contract with a private, nonprofit organization to conduct education regarding construction standards and inspection requirements to home builders statewide.
An estimated 8,500 housing starts annually could be affected by the provision. Based on 90% of these homeowners obtaining building permits, Commerce program revenues from a $25 building permit seal would generate $191,300 annually.
Senate/Legislature: Modify the Joint Finance provision as follows: (a) change the effective date from January 1, 2000, to May 1, 2000, for municipalities to adopt the resolution required to administer the program; (b) specify that municipalities do not have to adopt a resolution to request the Department of Commerce to administer the code in the municipality; (c) specify that if a municipality does not take action by May 1, 2000, to administer the program, that Commerce shall implement an inspection program in the municipality effective July 1, 2000; (d) specify that if Commerce enters into a contract with a municipality before July 1, 2000, to provide inspection services in the municipality, the Department shall begin providing the inspection services under the contract no later than July 1, 2000; and (e) specify that Commerce shall contract with a private nonprofit organization that is described under Internal Revenue Code section 501 (c)(6) rather than section 501 (c)(3) to conduct education regarding construction standards and inspection requirements to home builders statewide. Program revenue would decrease by an estimated $63,800 in 1999-00 due to the four-month delay in the receipt of the first revenues by Commerce from a $25 building permit seal.
[Act 9 Sections: 1998af thru 1998bx, 9110(3g)&(3j) and 9410(3g)]
28. TRANSFER OF MOBILE HOME REGULATORY PROGRAMS TO COMMERCE
Joint Finance: Provide Commerce with $48,800 PR in 1999-00 and $236,500 PR in 2000-01 with 4.6 PR positions annually beginning in 2000-01. Transfer mobile home regulatory programs from the Department of Administration (DOA) and the Department of Transportation (DOT) to the Division of Safety and Buildings in the Department of Commerce on July 1, 2000. (See DOT and DOA for decreases in funding in those agencies.) The transfer of programs has the following components.
a. Provide the Commerce Safety and Buildings operations program revenue appropriation with $48,800 PR in 1999-00 in one-time financing to prepare for transfer of programs to Commerce, including: (a) information technology conversion programming and transfer of data systems ($17,300 PR); and (b) furniture, computers and equipment for the 4.6 Commerce positions ($31,500 PR).
b. Effective July 1, 2000, transfer 3.0 PR positions in the DOA Division of Housing who are currently responsible for the regulation of mobile home parks and mobile home dealers to Commerce. Provide that the DOA incumbents would be transferred to Commerce with any rights and benefits previously earned. In 2000-01, provide Commerce with 3.0 PR positions and $160,200 PR for these activities.
c. Effective July 1, 2000, transfer authority from DOA to Commerce for licensing and regulation of mobile home parks and for regulating mobile home dealers engaged in the sale of primary housing units. Provisions of those statutes related to mobile home dealers and mobile home salespersons engaged in the sale of recreational vehicles would continue to be administered by DOT as under current law. Direct that Commerce shall administer any DOA rules promulgated to administer the sections until Commerce promulgates new rules. Commerce, instead of DOA, would collect program revenues related to mobile home park licensing (approximately $140,000 annually) and mobile home dealers and sales person licensing (approximately $20,000 annually). As of July 1, 2000, these revenues would be deposited in the Commerce Safety and Buildings operations PR appropriation. In 2000-01, provide Commerce with 1.6 PR positions and $76,400 PR for these activities.
d. Effective July 1, 2000, transfer authority from DOT to Commerce for registration and titling of any vehicles that meet the definition of mobile home or manufactured home under s. 101.91 of the statutes. DOT would retain authority for registration and titling of vehicles that do not meet the s. 101.91 definition (such as recreational vehicles) and would continue to issue permits for overwidth and overlength trip permits for mobile homes or manufactured homes.
e. As of July 1, 2000, Commerce, instead of DOT, would collect program revenues of $15 for each registration of a mobile home, and would collect program revenue fees related to titling of mobile homes and manufactured homes that are currently deposited in the transportation fund, including the following: (a) $8.50 for filing an application for the first certificate of title; (b) $4 for the original notation and subsequent release of each security interest noted upon a certificate of title; (c) $8.50 for a certificate of title after a transfer; (d) $1 for each assignment of a security interest noted upon a certificate of title; (e) $8 for a replacement certificate of title; (f) for processing applications for certifications of title which have a special handling request for fast service, a fee to be established by rule which shall approximate the cost to the Department for providing the special handling service to persons who request it; (g) $25 for the reinstatement of a certificate of title previously suspended or revoked; and (h) $4 for transfer of registration or credits for registration to a vehicle currently titled in the name of the applicant. These fees are estimated at approximately $319,300 annually. In addition, DOT would no longer collect approximately $28,000 annually in counter service fees related to mobile homes, which would be an additional decrease in segregated revenue to the transportation fund. (Commerce would not collect counter service fees so there would not be a corresponding program revenue increase.)
f. Direct that Commerce would not be required to collect the $7.50 supplemental title fee. In addition to the lost segregated revenue to the transportation fund, this change would reduce a GPR supplement to the nonpoint account of the environmental fund by $135,000 annually beginning in 2001-02 due to the current statutory formula based on DOT supplemental title fee collections.
g. As of July 1, 2000, direct Commerce, instead of DOT, to collect the environmental impact fee payable by a person filing an application for the first certificate of title or certificate of title after a transfer if it is for a vehicle that is a mobile home for which jurisdiction is transferred from DOT to Commerce. Direct Commerce to deposit any environmental impact fees collected by Commerce in the environmental fund for environmental management.
