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.
SECTION 14. 101.143 (10) (b) of the statutes is amended to read:
101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement payment under this section is guilty of a Class G felony.
SECTION 15. 101.143 (11) (e) of the statutes is amended to read:
101.143 (11) (e) The charges by service providers other than engineering consultants for services for which reimbursement payment is provided under this section, including excavating, hauling, laboratory testing and landfill disposal.
(End)
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2007 - 2008 LEGISLATURE
DOA:......Miner, BB0035 - Allow PECFA payment for abandoned tanks
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Commerce administers a program to reimburse owners of certain petroleum product storage tanks for a portion of the costs of cleaning up discharges from those tanks. This program is commonly known as PECFA.
This bill authorizes the Department of Commerce to contract with a person who removes underground petroleum storage tanks to empty, remove, and dispose of an underground petroleum product storage tank that has not been properly closed if the department is unable to identify the owner of the tank, the department determines that the owner of the tank is unable to pay to have the tank emptied, removed, and disposed of, or the department determines that the owner of the tank is unwilling to pay to have the tank emptied, removed, and disposed of. The bill gives the department a lien on the property from which a tank is removed in the amount of the costs that the department incurred.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.143 (3) (v) of the statutes is amended to read:
20.143 (3) (v) Petroleum storage environmental remedial action; awards. Biennially, from the petroleum inspection fund, the amounts in the schedule to pay awards under s. 101.143, costs incurred under s. 101.1435, legal costs incurred under s. 101.143 (7m), amounts to reduce principal of outstanding revenue obligations issued pursuant to s. 101.143 (9m) and, if the department promulgates rules under s. 101.143 (2) (i) (em) 1., to purchase, or provide funding to purchase, insurance described in s. 101.143 (2) (i) (em) 2.
SECTION 2. 25.47 (4m) of the statutes is created to read:
25.47 (4m) The payments under s. 101.1435 (4).
SECTION 3. 101.1435 of the statutes is created to read:
101.1435 Removal and closure of underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).
(2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system that has not been properly closed and to backfill the excavation if any of the following applies:
(a) The department is unable to identify the owner of, or other person responsible for, the underground petroleum product storage tank system.
(b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.
(c) The department determines that the owner of the underground petroleum product storage tank system is unwilling to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.
(3) The department shall pay the costs incurred under sub. (2) from the appropriation under s. 20.143 (3) (v). The department may not pay more than $250,000 annually under this section.
(4) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
(End)
LRB-0319LRB-0319/3
RCT:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0039 - Funding for anaerobic digesters
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill requires DATCP to provide funding, from the recycling fund, for research and development of anaerobic digesters. The research and development must be conducted at farms participating in the discovery farms program of the Wisconsin Agricultural Stewardship Initiative, Inc., a nonprofit organization. An anaerobic digester on a farm produces and collects methane from animal waste.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (4) (t) of the statutes is created to read:
20.115 (4) (t) Anaerobic digester research and development. Biennially, from the recycling fund, the amounts in the schedule for anaerobic digester research and development under s. 93.43.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 93.43 of the statutes is created to read:
93.43 Anaerobic digester research and development. The department shall provide funding for research and development of anaerobic digesters at farms participating in the discovery farms program of the Wisconsin Agricultural Stewardship Initiative, Inc.
(End)
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2007 - 2008 LEGISLATURE
DOA:......Miner, BB0040 - Bonding increase for soil and water resource management
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, DATCP administers the Soil and Water Resource Management Program. The program provides grants for land and water resource management projects and for the construction of animal waste management systems. This bill increases the general obligation bonding authority for the Soil and Water Resource Management Program by $7,000,000.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.866 (2) (we) of the statutes is amended to read:
20.866 (2) (we) Agriculture; soil and water. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to provide for soil and water resource management under s. 92.14. The state may contract public debt in an amount not to exceed $26,075,000 $33,075,000 for this purpose.
(End)
LRB-0323LRB-0323/1
RCT:jld:rs
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0043 - Penalties for nursery and plant quarantine laws
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Currently, DATCP administers laws regulating nurseries and laws related to plant pests, which include authorization of quarantines and orders for treatment of infested plants. A person violating these laws is subject to criminal penalties consisting of a fine of up to $200 or imprisonment for not more than six months or both.
