AB218: Bill Text

AB218, s. 68 Section 68. 101.143 (4) (c) 12. of the statutes is created to read:

AB218,31,6 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

AB218, s. 69 Section 69. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1. and amended to read:

AB218,31,22 101.143 (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 to select service providers, 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 to select service providers, the department may use the schedule to determine the amount of eligible costs of items designated by the department. 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.

AB218, s. 70 Section 70. 101.143 (4) (cm) 2. of the statutes is created to read:

AB218,32,2 101.143 (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.

AB218, s. 71 Section 71. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

AB218,32,13 101.143 (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 deductible amount of $2,500 plus 5% of the eligible costs 2% of the first $40,000 of eligible costs, plus 10% of the amount by which eligible costs exceed $40,000 but do not exceed $60,000, plus 15% of the amount by which eligible costs exceed $60,000, 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. An award issued under this paragraph may not exceed the following for each occurrence:

AB218, s. 72 Section 72. 101.143 (9m) of the statutes is created to read:

AB218,32,22 101.143 (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.

AB218,33,2 (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.

AB218,33,6 (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.

AB218,33,10 (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.

AB218,33,19 (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 $450,000,000 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.

AB218,33,25 (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.

AB218,34,6 (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.

AB218, s. 73 Section 73. 101.143 (11) of the statutes is created to read:

AB218,34,14 101.143 (11) Annual report. No later than October 1 annually, the department of commerce and the department of natural resources shall submit 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 for the fiscal year ending on June 30 of the year in which the report is submitted. The departments shall include all of the following information in the report:

AB218,34,16 (a) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.

AB218,34,17 (b) The percentage of sites classified as high priority under s. 101.144 (3m).

AB218,34,20 (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.

AB218,34,22 (d) The charges for engineering consulting services for sites for which approvals are given under sub. (3) (c) 4. and for other sites.

AB218,34,25 (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.

AB218,35,3 (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.

AB218, s. 74 Section 74. 281.59 (4) (b) of the statutes is amended to read:

AB218,35,12 281.59 (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.

AB218, s. 75 Section 75. Nonstatutory provisions.

AB218,35,16 (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:

AB218,35,19 (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.

AB218,35,24 (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.

AB218,36,3 (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.

AB218,36,4 (2) Rule making.

AB218,36,10 (a) The department of commerce shall submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j) and (2e) (a) of the statutes, as created by this act, and the rules to implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.

AB218,36,22 (b) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate the rules required under section 101.143 (2) (h), (i) and (j) and (2e) (a) of the statutes, as created by this act, and 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 the rules submitted under paragraph (a), 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 the 30th day after the effective date of this paragraph.

AB218,37,4 (3) Evaluation of usual and customary cost schedule. The department of commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes, as affected by this act, and shall report the results of the evaluation to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, in the manner provided in s. 13.172 (3) of the statutes, no later than the first day of the 14th month beginning after the effective date of this subsection.

AB218, s. 76 Section 76. Initial applicability.

AB218,37,9 (1) The treatment of section 101.143 (2e) (b), (3) (cg), (cp), (cs) and (g) and (4) (c) 10. and 11. of the statutes first applies to a discharge with respect to which activities under section 101.143 (3) (c) 3. or (g) of the statutes are begun on the effective date of this subsection.

AB218,37,10 (End)