AB218, s. 56
5Section
56. 101.143 (3) (c) 2. of the statutes is amended to read:
AB218,26,86
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, s. 57
9Section
57. 101.143 (3) (cg) of the statutes is created to read:
AB218,26,1710
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).
AB218,26,2118
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.
AB218,26,2322
3. Subdivision 1. does not apply to remedial action in response to an emergency
23if par. (g) applies.
AB218,27,3
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, s. 58
4Section
58. 101.143 (3) (cm) of the statutes is amended to read:
AB218,27,105
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, s. 59
11Section
59. 101.143 (3) (cp) of the statutes is created to read:
AB218,27,1712
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).
AB218,27,2118
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.
AB218,27,2522
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.
AB218,28,3
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, s. 60
4Section
60. 101.143 (3) (cs) of the statutes is created to read:
AB218,28,125
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.
AB218,28,1913
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.
AB218,28,2220
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, s. 61
23Section
61. 101.143 (3) (cw) of the statutes is created to read:
AB218,29,624
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.
AB218,29,157
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.
AB218,29,1816
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, s. 62
19Section
62. 101.143 (3) (d) of the statutes is amended to read:
AB218,30,420
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, 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:
AB218,30,157
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, s. 64
16Section
64. 101.143 (3) (g) 2. of the statutes is repealed.
AB218, s. 65
17Section
65. 101.143 (4) (b) (intro.) of the statutes is amended to read:
AB218,30,2118
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, s. 66
22Section
66. 101.143 (4) (c) 10. of the statutes is created to read:
AB218,30,2423
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.
AB218, s. 67
25Section
67. 101.143 (4) (c) 11. of the statutes is created to read:
AB218,31,2
1101.143
(4) (c) 11. Costs that exceed the amount necessary to comply with sub.
2(3) (c) 3. and with enforcement standards using the least costly method.
AB218, s. 68
3Section
68. 101.143 (4) (c) 12. of the statutes is created to read:
AB218,31,64
101.143
(4) (c) 12. Costs that are incurred after the date of a notice under sub.
5(3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3.
6and with enforcement standards using the method specified in the notice.
AB218, s. 69
7Section
69. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1.
8and amended to read:
AB218,31,229
101.143
(4) (cm) 1. The department
may
shall establish a schedule of usual and
10customary costs for
any items under par. (b)
and may that are commonly associated
11with claims under this section. The department shall use that schedule to determine
12the amount of
a claimant's eligible costs
for an occurrence for which a competitive
13bidding process is not used to select service providers, except in circumstances under
14which higher costs must be incurred to comply with sub. (3) (c) 3. and with
15enforcement standards. For an occurrence for which a competitive bidding process
16is used to select service providers, the department may use the schedule to determine
17the amount of eligible costs of items designated by the department. In the schedule,
18the department shall specify the maximum number of reimbursable hours for
19particular tasks and the maximum reimbursable hourly rates for those tasks. The
20department shall use methods of data collection and analysis that enable the
21schedule to be revised to reflect changes in actual costs. This subdivision does not
22apply after June 30, 2001.
AB218, s. 70
23Section
70. 101.143 (4) (cm) 2. of the statutes is created to read:
AB218,32,224
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.
AB218, s. 71
3Section
71. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
AB218,32,134
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 deductible amount of
$2,500 plus 5% of the eligible costs 2% of
7the first $40,000 of eligible costs, plus 10% of the amount by which eligible costs
8exceed $40,000 but do not exceed $60,000, plus 15% of the amount by which eligible
9costs exceed $60,000, but not more than $7,500 per occurrence, except that the
10deductible amount for a petroleum product storage system that is owned by a school
11district or a technical college district and that is used for storing heating oil for
12consumptive use on the premises is 25% of eligible costs. An award issued under this
13paragraph may not exceed the following for each occurrence:
AB218, s. 72
14Section
72. 101.143 (9m) of the statutes is created to read:
AB218,32,2215
101.143
(9m) Revenue obligations. (a) For purposes of subch. II of ch. 18, the
16petroleum storage remedial action program is a special fund program, and the
17petroleum inspection fund is a special fund. The petroleum inspection fund is a
18segregated fund created by the imposition of fees, penalties or excise taxes. The
19legislature finds and determines that a nexus exists between the petroleum storage
20remedial action program and the petroleum inspection fund in that fees imposed on
21users of petroleum are used to remedy environmental damage caused by petroleum
22storage.
AB218,33,223
(b) Deposits, appropriations or transfers to the petroleum inspection fund for
24the purposes of the petroleum storage remedial action program may be funded with
25the proceeds of revenue obligations issued subject to and in accordance with subch.
1II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV
2of ch. 18.
AB218,33,63
(e) The department shall have all other powers necessary and convenient to
4distribute the special fund revenues and to distribute the proceeds of the revenue
5obligations in accordance with subch. II of ch. 18 and, if designated a higher
6education bond, in accordance with subch. IV of ch. 18.
AB218,33,107
(f) The department may enter into agreements with the federal government or
8its agencies, political subdivisions of this state, individuals or private entities to
9insure or in any other manner provide additional security for the revenue obligations
10issued under this subsection.
AB218,33,1911
(g) Revenue obligations may be contracted by the building commission when
12it reasonably appears to the building commission that all obligations incurred under
13this subsection can be fully paid on a timely basis from moneys received or
14anticipated to be received. Revenue obligations issued under this subsection may not
15exceed $450,000,000 in principal amount. In addition to this limit on principal
16amount, the building commission may contract revenue obligations under this
17subsection as the building commission determines is desirable to fund or refund
18outstanding revenue obligations, to pay issuance or administrative expenses, to
19make deposits to reserve funds or to pay accrued or capitalized interest.
AB218,33,2520
(h) Unless otherwise expressly provided in resolutions authorizing the
21issuance of revenue obligations or in other agreements with the owners of revenue
22obligations, each issue of revenue obligations under this subsection shall be on a
23parity with every other revenue obligation issued under this subsection and in
24accordance with subch. II of ch. 18 and, if designated a higher education bond, in
25accordance with subch. IV of ch. 18.
AB218,34,6
1(i) Recognizing its moral obligation to do so, the legislature expresses its
2expectation and aspiration that, if the legislature reduces the rate of the petroleum
3inspection fee and if the funds in the petroleum inspection fund are insufficient to
4pay the principal and interest on the revenue obligations issued under subch. II or
5IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation
6from the general fund sufficient to pay the principal and interest on the obligations.
AB218, s. 73
7Section
73. 101.143 (11) of the statutes is created to read:
AB218,34,148
101.143
(11) Annual report. No later than October 1 annually, the department
9of commerce and the department of natural resources shall submit to the joint
10legislative audit committee, to the joint committee on finance and to the appropriate
11standing committees of the legislature, under s. 13.172 (3), a report on the program
12under this section for the fiscal year ending on June 30 of the year in which the report
13is submitted. The departments shall include all of the following information in the
14report:
AB218,34,1615
(a) The number of notices received under sub. (3) (a) 3. and the number of
16approvals given under sub. (3) (c) 4.
AB218,34,1717
(b) The percentage of sites classified as high priority under s. 101.144 (3m).
AB218,34,2018
(c) The name of each person providing engineering consulting services to a
19claimant under this section and the number of claimants to whom the person has
20provided those services.
AB218,34,2221
(d) The charges for engineering consulting services for sites for which
22approvals are given under sub. (3) (c) 4. and for other sites.
AB218,34,2523
(e) The charges by service providers other than engineering consultants for
24services for which reimbursement is provided under this section, including
25excavating, hauling, laboratory testing and landfill disposal.
AB218,35,3
1(f) Strategies for recording and monitoring complaints of fraud in the program
2under this section and for the use of employes of the department of commerce who
3conduct audits to identify questionable claims and investigate complaints.
AB218, s. 74
4Section
74. 281.59 (4) (b) of the statutes is amended to read:
AB218,35,125
281.59
(4) (b) The department of administration may, under s.
18.56 18.561 (5)
6and (9) (j)
or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state
7treasury or in an account maintained by a trustee outside the state treasury, any
8portion of the revenues derived under s. 25.43 (1). The revenues deposited with a
9trustee outside the state treasury are the trustee's revenues in accordance with the
10agreement between this state and the trustee or in accordance with the resolution
11pledging the revenues to the repayment of revenue obligations issued under this
12subsection.
AB218,35,1614
(1)
Financial management. No later than the first day of the 6th month
15beginning after the effective date of this subsection, the department of commerce
16shall do all of the following:
AB218,35,1917
(a) Update its financial data base for the program under section 101.143 of the
18statutes to ensure that complete cost information related to each occurrence and to
19the annual payment to each owner or operator is readily available.
AB218,35,2420
(b) Investigate any variances between the amount of total payments indicated
21by the department's financial data base for the program under section 101.143 of the
22statutes and the amount of total payments indicated by the accounts maintained by
23the department of administration under section 16.52 of the statutes to identify
24when the variances occurred and the reasons for the variances.
AB218,36,3
1(c) Make any changes in the department's financial data base needed to ensure
2that the data base is consistent with the accounts maintained by the department of
3administration under section 16.52 of the statutes.
AB218,36,44
(2)
Rule making.
AB218,36,105
(a) The department of commerce shall submit in proposed form the rules
6required under section 101.143 (2) (h), (i) and (j) and (2e) (a) of the statutes, as created
7by this act, and the rules to implement section 101.143 (4) (cm) 1. of the statutes, as
8affected by this act, to the legislative council staff under section 227.15 (1) of the
9statutes no later than the first day of the 10th month beginning after the effective
10date of this paragraph.
AB218,36,2211
(b) Using the procedure under section 227.24 of the statutes, the department
12of commerce shall promulgate the rules required under section 101.143 (2) (h), (i) and
13(j) and (2e) (a) of the statutes, as created by this act, and shall promulgate rules to
14implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, for the
15period before the effective date of the rules submitted under paragraph (a), but not
16to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
17Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department
18is not required to provide evidence that promulgating rules under this paragraph is
19necessary for the preservation of the public peace, health, safety or welfare and is not
20required to provide a finding of emergency for rules promulgated under this
21paragraph. The department shall promulgate rules under this paragraph no later
22than the 30th day after the effective date of this paragraph.
AB218,37,423
(3)
Evaluation of usual and customary cost schedule. The department of
24commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes,
25as affected by this act, and shall report the results of the evaluation to the joint
1legislative audit committee, to the joint committee on finance and to the appropriate
2standing committees of the legislature, in the manner provided in s. 13.172 (3) of the
3statutes, no later than the first day of the 14th month beginning after the effective
4date of this subsection.
AB218,37,96
(1) The treatment of section 101.143 (2e) (b), (3) (cg), (cp), (cs) and (g) and (4)
7(c) 10. and 11. of the statutes first applies to a discharge with respect to which
8activities under section 101.143 (3) (c) 3. or (g) of the statutes are begun on the
9effective date of this subsection.