SB45: Bill Text

SB45, s. 1958 Section 1958. 98.245 (7) (b) 3. and 4. of the statutes are consolidated, renumbered 98.245 (7) (b) 3m. and amended to read:

SB45,957,11 98.245 (7) (b) 3m. If the department determines that a meter has not been inspected and tested under subd. 1. within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested. 4. issue a written notice to the operator of the meter. Within 30 days after the operator received the notice, the operator shall have the meter inspected and tested as required under subd. 1. If the owner operator fails to have the owner's meter tested as required under subd. 3. do so, the department may assess the owner operator a fee of not more than up to $100 for that meter and may suspend or revoke the operator's license issued under par. (ag) for that meter.

SB45, s. 1959 Section 1959. 98.245 (7) (b) 5. of the statutes is repealed.

SB45, s. 1960 Section 1960. 100.261 of the statutes is created to read:

SB45,957,21 100.261 Consumer information assessment. (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer information assessment in an amount equal to 15% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer information assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.

SB45,958,2 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer information assessment required under this section. If the deposit is forfeited, the amount of the consumer information assessment shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer information assessment shall also be returned.

SB45,958,7 (3) The clerk of court shall collect and transmit the consumer information assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasure shall then make payment to the state treasurer under s. 59.25 (3) (f) 2. The state treasure shall deposit the assessment amounts in the general fund, and the amounts shall be credited to appropriation account under s. 20.115 (1) (jb).

SB45, s. 1961 Section 1961. 100.37 (2) (e) 2. e. of the statutes is created to read:

SB45,958,9 100.37 (2) (e) 2. e. Any fever thermometer containing elemental mercury.

SB45, s. 1962 Section 1962. 100.48 (1) (a) of the statutes is renumbered 100.48 (1) (am).

SB45, s. 1963 Section 1963. 100.48 (1) (ad) of the statutes is created to read:

SB45,958,12 100.48 (1) (ad) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

SB45, s. 1964 Section 1964. 100.48 (1) (ag) of the statutes is created to read:

SB45,958,14 100.48 (1) (ag) "Boat" has the meaning given in s. 30.50 (2).

SB45, s. 1965 Section 1965. 100.48 (1) (b) of the statutes is amended to read:

SB45,958,18 100.48 (1) (b) "Hour meter" means an instrument on a piece of farm equipment that measures and records the actual hours of operation of the piece of farm equipment vehicle or device to which the instrument is attached.

SB45, s. 1966 Section 1966. 100.48 (1) (c) of the statutes is created to read:

SB45,958,20 100.48 (1) (c) "Snowmobile" has the meaning given in s. 350.01 (12).

SB45, s. 1967 Section 1967. 100.48 (2) of the statutes is amended to read:

SB45,959,2 100.48 (2) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat with the intent to defraud by changing or affecting the number of hours of operation indicated on the hour meter.

SB45, s. 1968 Section 1968. 100.48 (3) (a) of the statutes is amended to read:

SB45,959,18 100.48 (3) (a) Nothing in this section shall prevent the service, repair or replacement of an hour meter if the number of hours of operation indicated on the hour meter remains the same as before the service, repair or replacement. If an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat is incapable of registering the same number of hours of operation as before its service, repair or replacement, the hour meter shall be adjusted to read zero, and a sticker shall be affixed by the owner of the piece of farm equipment vehicle or device to which the hour meter is attached or an agent, in proximity to the hour meter, specifying the number of hours of operation recorded on the hour meter prior to its service, repair or replacement and the date on which it was serviced, repaired or replaced. No person who services, repairs or replaces an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat that is incapable of registering the same number of hours of operation as before such service, repair or replacement may fail to adjust the hour meter to read zero or fail to affix the sticker required by this paragraph.

SB45, s. 1969 Section 1969. 100.48 (4) (a) of the statutes is amended to read:

SB45,959,22 100.48 (4) (a) Any person who violates sub. (2) or (3) (b) with respect to an hour meter attached to farm equipment may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

SB45, s. 1970 Section 1970. 100.48 (4) (b) of the statutes is amended to read:

SB45,960,3 100.48 (4) (b) Any person who violates sub. (3) (a) with respect to an hour meter attached to farm equipment may be required to forfeit not more than $500 for each violation.

SB45, s. 1971 Section 1971. 100.48 (4) (c) of the statutes is created to read:

SB45,960,8 100.48 (4) (c) Any person who violates sub. (2) or (3) with respect to an hour meter attached to a snowmobile, an all-terrain vehicle or boat may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

SB45, s. 1972 Section 1972. 101.01 (4) of the statutes is amended to read:

SB45,960,14 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district , family care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.

SB45, s. 1973 Section 1973. 101.09 (title) of the statutes is amended to read:

SB45,960,17 101.09 (title) Storage of flammable and, combustible and hazardous liquids.

SB45, s. 1974 Section 1974. 101.09 (1) (am) of the statutes is created to read:

SB45,960,20 101.09 (1) (am) "Federally regulated hazardous substance" means a hazardous substance, as defined in 42 USC 9601 (14).

SB45, s. 1975 Section 1975. 101.09 (2) (a) of the statutes is amended to read:

SB45,960,25 101.09 (2) (a) Except as provided under pars. (b) to (d), every person who constructs, owns or controls a tank for the storage, handling or use of flammable or combustible liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3).

SB45, s. 1976 Section 1976. 101.09 (3) (a) of the statutes is amended to read:

SB45,961,15 101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of flammable and combustible liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by flammable and combustible liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.

SB45, s. 1977 Section 1977. 101.09 (3) (b) of the statutes is repealed.

SB45, s. 1978 Section 1978. 101.123 (1) (b) of the statutes is amended to read:

SB45,961,21 101.123 (1) (b) "Inpatient health care facility" means a county home established under s. 49.70, a county infirmary established under s. 49.72, or a community-based residential facility or a nursing home licensed under s. 50.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.

SB45, s. 1979 Section 1979. 101.14 (5) of the statutes is amended to read:

SB45,962,5 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable or combustible liquids a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB45,962,10 (b) Notwithstanding par. (a), an installation for the storage, handling or use of flammable or combustible liquids a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).

SB45, s. 1980 Section 1980. 101.143 (2) (h) of the statutes is created to read:

SB45,962,13 101.143 (2) (h) The department may promulgate a rule specifying information and audit requirements to implement sub. (4) (c) 8.

SB45, s. 1981 Section 1981. 101.143 (2) (i) of the statutes is created to read:

SB45,962,19 101.143 (2) (i) 1. The department may promulgate rules that specify a fee that must be paid by a service provider as a condition of submitting a bid to conduct an activity under sub. (3) (c) for which a claim for reimbursement under this section will be submitted. Any fees collected under the rules shall be deposited in the petroleum inspection fund.

SB45,962,23 2. If the department promulgates rules under subd. 1., the department may purchase, or provide funding for the purchase of, insurance to cover the amount by which the costs of conducting activities under sub. (3) (c) exceed the amount bid to conduct those activities.

SB45, s. 1982 Section 1982. 101.143 (2e) of the statutes is created to read:

SB45,963,11 101.143 (2e) Award priorities. (a) The department may promulgate rules for assigning an award priority to each occurrence that the department determines may result in an award under sub. (4), except for occurrences resulting from discharges from home oil tank systems, petroleum product storage systems that are described in sub. (4) (ei) 1. and petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored. If the department promulgates rules under this paragraph, it shall base the award priorities on environmental factors and any other factors that the department considers appropriate. The rules may only apply to occurrences for which remedial action plans are approved under sub. (3) (cs) after the effective date of the rules.

SB45,963,14 (b) If the department promulgates rules under par. (a), the department shall pay awards under sub. (4) for occurrences to which the rules apply in order of the award priorities under those rules.

SB45,964,2 (c) If the department promulgates rules under par. (a), the department shall notify an owner or operator of a petroleum product storage system to which the rules apply of the date on which the department determines that it is appropriate to begin activities under sub. (3) (c) 3. or (g) with respect to a discharge from that system, based on the department's estimate of when funds will be available to pay an award to the owner or operator under the award priorities. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom rules under par. (a) apply is not required to begin activities under sub. (3) (c) 3. or (g) until the date on which the department determines it is appropriate to begin those activities. If an owner or operator begins activities under sub. (3) (c) 3. or (g) before the date when the department determines it is appropriate to begin those activities, the department may deny the payment of interest costs to the owner or operator, as provided in the rules promulgated by the department.

SB45, s. 1983 Section 1983. 101.143 (3) (c) 2. of the statutes is amended to read:

SB45,964,6 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department for approval.

SB45, s. 1984 Section 1984. 101.143 (3) (cs) of the statutes is created to read:

SB45,964,9 101.143 (3) (cs) Review of remedial action plans. The department shall review and approve or disapprove remedial action plans submitted under par. (c) 2.

SB45, s. 1985 Section 1985. 101.143 (3) (d) of the statutes is amended to read:

SB45,964,20 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB45, s. 1986 Section 1986. 101.143 (4) (c) 8. of the statutes is amended to read:

SB45,964,25 101.143 (4) (c) 8. Interest Any interest costs incurred by an applicant with gross revenues that exceed $20,000,000 in the most recent tax year before the applicant submits a claim. For any other applicant, interest costs that exceed interest at 1% over the prime rate, as determined under rules promulgated by the department 5%.

SB45, s. 1987 Section 1987. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

SB45,965,9 101.143 (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:

SB45, s. 1988 Section 1988. 101.143 (4) (d) 2. a. of the statutes is amended to read:

SB45,965,17 101.143 (4) (d) 2. a. 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, $1,000,000, except that, if the site is classified as medium priority or low priority under s. 101.144 (3g) (a), an award issued under this paragraph may not exceed $100,000 for each occurrence.

SB45, s. 1989 Section 1989. 101.143 (4) (d) 2. b. of the statutes is amended to read:

SB45,965,22 101.143 (4) (d) 2. b. For an owner or operator other than an owner or operator under subd. 2. a., c. or d., $500,000, except that, if the site is classified as medium priority or low priority under s. 101.144 (3g) (a), an award issued under this paragraph may not exceed $100,000 for each occurrence.

SB45, s. 1990 Section 1990. 101.143 (4) (d) 2. d. of the statutes is amended to read:

SB45,966,4 101.143 (4) (d) 2. d. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored, $190,000, except that, if the site is classified as medium priority or low priority under s. 101.144 (3g) (a), an award issued under this paragraph may not exceed $100,000 for each occurrence.

SB45, s. 1991 Section 1991. 101.143 (4) (dg) of the statutes is created to read:

SB45,966,7 101.143 (4) (dg) Deductible; underground systems. The amount of the deductible for an award under par. (d) is as follows for each occurrence:

SB45,966,14 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, $10,000, plus $2,500 if the eligible costs exceed $50,000, plus $2,500 if the eligible costs exceed $80,000, plus $10,000 for each whole $100,000 by which eligible costs exceed $150,000.

SB45,966,17 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.

SB45,966,19 3. For an owner or operator other than an owner or operator described in subd. 1. or 2., $2,500, plus 5% of eligible costs, but not more than $7,500.

SB45, s. 1992 Section 1992. 101.143 (4) (di) of the statutes is created to read:

SB45,966,25 101.143 (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 tanks otherwise subject to par. (dg) 1. for whom the deductible is the amount under par. (dg) 3. rather than the amount under par. (dg) 1.

SB45, s. 1993 Section 1993. 101.143 (4) (dm) 2. a. of the statutes is amended to read:

SB45,967,3 101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5% 15% of the amount by which eligible costs exceed $200,000.

SB45, s. 1994 Section 1994. 101.143 (9m) of the statutes is created to read:

SB45,967,12 101.143 (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.

SB45,967,17 (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.

SB45,967,21 (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.

SB45,967,25 (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.

SB45,968,9 (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.

SB45,968,15 (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.

SB45,968,21 (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.

SB45, s. 1995 Section 1995. 101.143 (12) of the statutes is created to read:

SB45,969,4 101.143 (12) Report. No later than each January 1 and July 1, the department of commerce and the department of natural resources shall submit to the governor and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report concerning petroleum product storage systems and home oil tank systems from which discharges have occurred for which remedial action activities are being conducted. The departments shall provide all of the following information for each petroleum product storage system and home oil tank system:

SB45,969,5 (a) The date on which the record of the site investigation was received.