SECTION 52. 560.605 (2m) (d) of the statutes is repealed.
SECTION 53. 560.605 (2m) (e) of the statutes is repealed.
SECTION 54. 560.605 (4) of the statutes is repealed.
SECTION 55. 560.605 (5) of the statutes is repealed.
SECTION 56. 560.605 (5m) of the statutes is repealed.
SECTION 57. 560.605 (6) of the statutes is repealed.
SECTION 58. 560.607 (1) of the statutes is amended to read:
560.607 (1) Evaluations of proposed technical research projects under s. 560.62.
SECTION 59. 560.61 (intro.) and (1) of the statutes are consolidated, renumbered 560.61 and amended to read:
560.61 Wisconsin development fund. At the request of the board, the department shall do all of the following: (1) Make may make a grant or loan to an eligible recipient for a project that meets the criteria for funding under s. 560.605 (1) and (2) and under s. 560.62, 560.63, 560.65 or 560.66, whichever is appropriate, from the appropriations under s. 20.143 (1) (c) and, (ie), and (tm) for eligible activities.
****NOTE: This is reconciled s. 560.61. This section has been affected by drafts with the following LRB #s: -0304 and -1440.
SECTION 60. 560.61 (3) of the statutes is repealed.
SECTION 61. 560.62 of the statutes is repealed.
SECTION 62. 560.63 of the statutes is repealed.
SECTION 63. 560.65 of the statutes is repealed.
SECTION 64. 560.66 of the statutes is repealed.
SECTION 65. 560.68 (1m) of the statutes is created to read:
560.68 (1m) The department shall establish criteria for the award of grants and loans under s. 560.61, including the types of projects that are eligible for funding and the types of eligible projects that will receive priority.
SECTION 66. 560.68 (2m) of the statutes is created to read:
560.68 (2m) The department shall determine conditions applicable to a grant or loan under s. 560.61.
SECTION 67. 560.68 (3) of the statutes is amended to read:
560.68 (3) The department may charge a grant or loan recipient an origination fee of up to not more than 2% of the grant or loan amount if the grant or loan equals or exceeds $200,000 and is awarded under s. 560.63 or 560.66. The department shall deposit all origination fees collected under this subsection in the appropriation account under s. 20.143 (1) (gm).
SECTION 68. 560.68 (5) of the statutes is renumbered 560.68 (5) (intro.) and amended to read:
560.68 (5) (intro.) The department, with the approval of the board, shall develop procedures to evaluate related to grants and loans under s. 560.61 for all of the following:
(b) Evaluating applications, monitor.
(c) Monitoring project performance and audit.
(d) Auditing the grants and loans awarded under this subchapter.
SECTION 69. 560.68 (5) (a) of the statutes is created to read:
560.68 (5) (a) Submitting applications for grants and loans.
SECTION 70. 560.68 (6) of the statutes is amended to read:
560.68 (6) If appropriate, the The board may shall require that more, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25% of the cost of any project or category of projects be paid from funds not provided by this state amount of the grant or loan.
SECTION 71. 560.68 (7) (a) of the statutes is amended to read:
560.68 (7) (a) Publish and disseminate information about the projects under ss. 560.62 to 560.66 that may be funded by a grant or loan under s. 560.61 and the about procedures for applying for grants and loans under s. 560.61.
SECTION 9308. Initial applicability; Commerce.
(1) WISCONSIN DEVELOPMENT FUND RESTRUCTURING. The treatment of sections 20.143 (1) (c) and (ie), 84.185 (1) (ce) and (cm), 243.01 (4n) (a) 3m. e., 292.11 (7) (d) 1m. b., 292.255, 560.045 (1), 560.135 (5) (a) and (b), 560.14 (1) (ar), 560.145, 560.147, 560.15 (2) (d), 560.16, 560.17 (1) (am) and (bm), 560.175, 560.26, 560.60 (1m), (1v), (3), (3m), (4), (8), (10), (11), (13), (15), (17), and (18m), 560.605 (1) (intro.), (a), (b), (c), (d), (e), (f), (g), (h), (i), and (p), (2) (intro.), (a), (b), (c), (d), (e), and (f), (2m) (intro.), (c), (d), and (e), (4), (5), (5m), and (6), 560.607 (1), 560.61 (intro.), (1), and (3), 560.62, 560.63, 560.65, 560.66, and 560.68 (1m), (2m), (3), (6), and (7) (a) of the statutes, the renumbering and amendment of section 560.68 (5) of the statutes, and the creation of section 560.68 (5) (a) of the statutes first apply to applications for grants and loans received on the effective date of this subsection.
(End)
LRB-0311LRB-0311/1
RCT:lmk:sh
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0033 - Penalties for violations of certain hazardous liquid and petroleum storage laws
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce promulgates rules regulating tanks that store flammable, combustible, and hazardous liquids, including petroleum. This bill increases the forfeitures (civil penalties) that may be assessed for the violation of these rules to $5,000 per violation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 101.09 (5) of the statutes is amended to read:
101.09 (5) PENALTIES. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.
SECTION 2. 101.143 (10) (a) of the statutes is amended to read:
101.143 (10) (a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a) may be required to forfeit not more than $2,000 $5,000. Each day of continued violation constitutes a separate offense.
(End)
LRB-0313LRB-0313/1
RCT:kjf:sh
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0034 - Allow PECFA payment directly to contractors for owners unable to obtain financing
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce administers a program to reimburse owners of certain petroleum product storage tanks for some of the costs they incur in cleaning up discharges from those tanks. This program is commonly known as PECFA.
This bill modifies PECFA so that the Department of Commerce may choose to contract with consultants and contractors to perform the cleanup of a discharge from a petroleum product storage tank and to pay the consultants and contractors directly.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 101.143 (1) (gs) of the statutes is amended to read:
101.143 (1) (gs) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which a claim for reimbursement payment has been or will be filed under this section, or a subcontractor of such a person.
SECTION 2. 101.143 (2) (em) 1. of the statutes is amended to read:
101.143 (2) (em) 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 payment under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.
SECTION 3. 101.143 (3) (c) (intro.) of the statutes is amended to read:
101.143 (3) (c) Investigations, remedial action plans and remedial action activities. (intro.) Before submitting an application under par. (f), except as provided under par. (g) and sub. (4s), an owner or operator or the person shall do all of the following:
SECTION 4. 101.143 (3) (cs) 1. of the statutes is amended to read:
101.143 (3) (cs) 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement payment for remedial action under this section is limited to the amount necessary to implement that method.
SECTION 5. 101.143 (3) (cs) 2. of the statutes is amended to read:
101.143 (3) (cs) 2. The department of natural resources and the department of commerce shall review the remedial action plan for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement payment for remedial action under this section is limited to the amount necessary to implement that method.
SECTION 6. 101.143 (4) (a) 1. of the statutes is amended to read:
101.143 (4) (a) 1. If the department finds that the claimant meets all of the requirements of this section and any rules promulgated under this section, the department shall issue an award to reimburse a claimant pay for eligible costs incurred because of a petroleum products discharge from a petroleum product storage system or home oil tank system.
SECTION 7. 101.143 (4) (a) 2. (intro.) of the statutes is amended to read:
101.143 (4) (a) 2. (intro.) The department may not issue an award under this paragraph before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4., except as follows:
SECTION 8. 101.143 (4) (a) 2. c. of the statutes is created to read:
101.143 (4) (a) 2. c. The department may issue an award before all eligible costs have been incurred as provided under sub. (4s).
SECTION 9. 101.143 (4) (cm) of the statutes is amended to read:
101.143 (4) (cm) Usual and customary costs. The department shall establish a schedule of usual and customary costs for items under par. (b) that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of eligible costs for an occurrence for which a competitive bidding process is not used, 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, the department may not use the schedule. In the schedule, the department shall specify the maximum number of reimbursable compensable hours for particular tasks and the maximum reimbursable compensable 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.
SECTION 10. 101.143 (4) (e) 1. b. of the statutes is amended to read:
101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage system if those costs are not reimbursable payable under par. (dm) 1.
SECTION 11. 101.143 (4) (e) 1. c. of the statutes is amended to read:
101.143 (4) (e) 1. c. Eligible costs, under par. (b), incurred on or after December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable payable under par. (d) 1.
SECTION 12. 101.143 (4s) of the statutes is created to read:
101.143 (4s) DIRECT PAYMENT OF AWARDS. (a) Application. Notwithstanding the requirement in sub. (3) (a) (intro.) that a claim be submitted to reimburse an owner or operator or person owning a home oil tank system for costs that the owner or operator or person incurs and notwithstanding the documentation requirements under sub. (3) (f), the department may authorize an owner or operator or a person owning a home oil tank system to submit a claim to the department for an award to be paid by the department directly to consultants and contractors with whom the department contracts to conduct an investigation to determine the extent of environmental damage caused by a petroleum products discharge from a petroleum product storage system or home oil tank system, prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted, and conduct remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system.
(b) Approval of application. If the department determines that an owner or operator or person owning a home oil tank system who submits a claim under par. (a) is eligible under this section, the department may approve the claim; contract with consultants and contractors to conduct the investigation, prepare the remedial action plan, and conduct remedial action activities; and pay the award to the service providers in amounts determined under sub. (4), subject to par. (c). If the department approves a claim under this paragraph, the requirements in sub. (3) (a) 6. to 9. apply to the consultants and contractors, rather than the claimant.
(c) Exclusion from eligible costs. Eligible costs for an award under par. (b) do not include the costs specified in sub. (4) (b) 15.
SECTION 13. 101.143 (9) (b) of the statutes is amended to read:
101.143 (9) (b) The department may inspect any document in the possession of an owner or operator, person owning a home oil tank system or service provider or any other person if the document is relevant to a claim for reimbursement payment under this section.
