27,2573
Section 2573
. 100.45 (1) (dm) of the statutes is created to read:
100.45 (1) (dm) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.
27,2574
Section 2574
. 100.45 (4) (intro.) of the statutes is amended to read:
100.45 (4) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may perform motor vehicle repair that releases or may release ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains ozone-depleting refrigerant unless all of the following apply:
27,2580
Section 2580
. 101.14 (1) (c) of the statutes is amended to read:
101.14 (1) (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the department of education state superintendent of public instruction.
27,2580m
Section 2580m. 101.14 (2) (cm) of the statutes is amended to read:
101.14 (2) (cm) In addition to the requirements of pars. (b) and (c), a fire department shall provide public fire education services, in consultation with the department and the fire prevention council.
27,2581
Section 2581
. 101.14 (5) (a) of the statutes is amended to read:
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, 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 groundwater environmental management.
27,2582
Section 2582
. 101.143 (1) (gm) of the statutes is amended to read:
101.143 (1) (gm) “Property damage" does not include those liabilities which that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. “Property damage" does not include the loss of fair market value resulting from contamination.
27,2583
Section 2583
. 101.143 (2) (e) of the statutes is amended to read:
101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), (ah), (am) and (as) (ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.
27,2586
Section 2586
. 101.143 (3) (a) (intro.) of the statutes is amended to read:
101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae), (ah), (am) and (as) (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:
27,2588b
Section 2588b. 101.143 (3) (ae) 1. of the statutes is renumbered 101.143 (3) (ae) and amended to read:
101.143 (3) (ae) An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground petroleum product storage tank systems installed after December 22, 1988, except as provided in subd. 2 if the discharge is confirmed after December 31, 1995.
27,2588d
Section 2588d. 101.143 (3) (ae) 2. of the statutes is repealed.
27,2589
Section 2589
. 101.143 (3) (ah) of the statutes is created to read:
101.143 (3) (ah) New aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by the department relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, if the discharge is confirmed after December 22, 2001.
27,2590
Section 2590
. 101.143 (3) (am) (title), 1. and 2. of the statutes are amended to read:
101.143 (3) (am) (title) Upgraded
underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system if
the discharge is confirmed after December 31, 1995, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subds. subd. 2. to 4.
2. If a an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the underground petroleum product storage tank system or home oil tank system within 30 days after the day on which the underground petroleum product storage
tank system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements.
27,2590e
Section 2590e. 101.143 (3) (am) 3. of the statutes is repealed.
27,2590g
Section 2590g. 101.143 (3) (am) 4. of the statutes is repealed.
27,2591
Section 2591
. 101.143 (3) (ap) of the statutes is created to read:
101.143 (3) (ap) Upgraded aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system if the discharge is confirmed after December 22, 2001, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system first meets the upgrading requirements in rules promulgated by the department relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems.
27,2592
Section 2592
. 101.143 (3) (as) of the statutes is repealed.
27,2595b
Section 2595b. 101.143 (4) (a) 5. of the statutes is repealed and recreated to read:
101.143 (4) (a) 5. The department shall review claims related to home oil tank discharges as soon as the claims are received. The department shall issue an award for an eligible home oil tank discharge as soon as it completes the review of the claim.
27,2597
Section 2597
. 101.143 (4) (a) 8. of the statutes is created to read:
101.143 (4) (a) 8. If an owner or operator or person owning a home oil tank system is conducting approved remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and those remedial action activities have not remedied the discharge, then the department may approve financial assistance under this section for enhancements to the approved remedial action activities or different remedial action activities that the department determines will remedy the discharge without increasing the overall costs of remedying the discharge. The total amount of an original award under this section plus additional financial assistance provided under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on amounts of awards.
27,2598
Section 2598
. 101.143 (4) (c) 8. of the statutes is created to read:
101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at 1% over the prime rate, as determined under rules promulgated by the department.
27,2598e
Section 2598e. 101.143 (4) (c) 9. of the statutes is created to read:
101.143 (4) (c) 9. Loan origination fees incurred by an applicant that exceed 2% of the principal amount of the loan.
27,2598f
Section 2598f. 101.143 (4) (c) 10. of the statutes is created to read:
101.143 (4) (c) 10. Loan renewal fees incurred by an applicant that exceed 1% of the principal amount of the loan.
27,2599
Section 2599
. 101.143 (4) (ce) of the statutes is created to read:
101.143 (4) (ce) Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.
27,2599g
Section 2599g. 101.143 (4) (d) 1. of the statutes is amended to read:
101.143 (4) (d) 1. The department shall issue an award under this paragraph for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998
December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.
27,2599r
Section 2599r. 101.143 (4) (dm) 1. of the statutes is amended to read:
101.143 (4) (dm) 1. The department shall issue an award under this paragraph for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.
27,2600
Section 2600
. 101.143 (4) (dr) of the statutes is created to read:
101.143 (4) (dr) Deductible in certain cases. If a person is the owner or operator of an underground petroleum product storage tank system and a petroleum product storage system that is not an underground petroleum product storage tank system, both of which have discharged resulting in one occurrence, and if the person is eligible for an award under pars. (d) and (dm), the department shall calculate the award using the deductible determined under par. (d) 2. if the predominant method of petroleum product storage at the site, measured in gallons, is underground petroleum product storage tank systems or using the deductible determined under par. (dm) 2. if the predominant method of petroleum product storage at the site is not underground petroleum product storage tank systems.
27,2600e
Section 2600e. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:
101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after July 1, 1998 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 under par. (dm) 1.
c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable under par. (d) 1.
27,2601
Section 2601
. 101.143 (4) (g) 7. of the statutes is created to read:
101.143 (4) (g) 7. The petroleum product discharge was caused by a person who provided services or products to the claimant or to a prior owner or operator of the petroleum product storage system or home oil tank system.
27,2602
Section 2602
. 101.143 (4) (h) of the statutes is created to read:
101.143 (4) (h) Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.), (dm) 2. (intro.), (e) 2. and (em) 2., if an owner or operator or person owning a home oil tank system prepares and submits a claim that includes ineligible costs that are identified under subd. 2., the department shall calculate the award by determining the amount that the award would otherwise be under par. (d), (dm), (e) or (em) based only on the eligible costs and then by reducing that amount by 50% of the amount of the ineligible costs identified under subd. 2. that are included in the claim.
1m. If a consultant prepares a claim that is submitted by a claimant and that includes ineligible costs that are identified under subd. 2., the consultant shall pay to the department an amount equal to 50% of the ineligible costs identified under subd. 2. that are included in the claim. A consultant may not charge the owner or operator for any amount that the consultant is required to pay under this subdivision. Payments made under this subdivision shall be deposited in the petroleum inspection fund.
2. The department shall promulgate a rule identifying the ineligible costs to which subds. 1. and 1m. apply.
27,2603
Section 2603
. 101.143 (5) (a) of the statutes is renumbered 101.143 (5) (am) (intro.) and amended to read:
101.143 (5) (am) Right of action. (intro.) A right of action under this section shall accrue to the state against an owner, operator or other person only if the
one of the following applies:
1. The owner, operator or other person submits a fraudulent claim or does not meet the requirements under this section and if an award is issued under this section to the owner, operator or other person for eligible costs under this section or if payment is made to a lender under sub. (4e).
27,2604
Section 2604
. 101.143 (5) (a) of the statutes is created to read:
101.143 (5) (a) Sale of remedial equipment or supplies. If a person who received an award under this section sells equipment or supplies that were eligible costs for which the award was issued, the person shall pay the proceeds of the sale to the department. The proceeds shall be paid into the petroleum inspection fund.
27,2605
Section 2605
. 101.143 (5) (am) 2. of the statutes is created to read:
101.143 (5) (am) 2. A person fails to make a payment required under par. (a).
27,2606
Section 2606
. 101.143 (5) (b) of the statutes is amended to read:
101.143 (5) (b) Action to recover awards. The attorney general shall take action as is appropriate to recover awards moneys to which the state is entitled under par. (a) (am). The department shall request that the attorney general take action if the department discovers a fraudulent claim after an award is issued.
27,2607
Section 2607
. 101.143 (5) (c) of the statutes is amended to read:
101.143 (5) (c) Disposition of funds. If an award is made from the petroleum inspection fund, the The net proceeds of the a recovery under par. (b) shall be paid into the petroleum inspection fund.
27,2609
Section 2609
. 101.177 (1) (d) of the statutes is created to read:
101.177 (1) (d) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.
27,2610
Section 2610
. 101.177 (2) (intro.) of the statutes is amended to read:
101.177 (2) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may install or service a piece of refrigeration equipment that contains ozone-depleting refrigerant unless the person certifies all of the following to the department:
27,2611
Section 2611
. 101.177 (3) (a) (intro.) of the statutes is amended to read:
101.177 (3) (a) (intro.) After December 31, 1991, no person, including a state agency as defined in s. 234.75 (10), may sell used ozone-depleting refrigerant removed from refrigeration equipment for reuse unless the person certifies all of the following to the department:
27,2611m
Section 2611m. 101.575 (3) (a) 3. of the statutes is amended to read:
101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.
27,2620
Section 2620
. 102.87 (2) (e) of the statutes is amended to read:
102.87 (2) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment for which the defendant is liable.
27,2621
Section 2621
. 102.87 (2) (g) of the statutes is amended to read:
102.87 (2) (g) Notice that if the defendant makes a deposit and fails to appear in court at the time specified in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and plea, may decide to summon the defendant or may issue an arrest warrant for the defendant upon failure to respond to a summons.
27,2622
Section 2622
. 102.87 (2) (h) of the statutes is amended to read:
102.87 (2) (h) Notice that if the defendant makes a deposit and signs the stipulation, the stipulation will be treated as a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and stipulation, may decide to summon the defendant or issue an arrest warrant for the defendant upon failure to respond to a summons, and that the defendant may, at any time before or at the time of the court appearance date, move the court for relief from the effect of the stipulation.
27,2623
Section 2623
. 102.87 (3) of the statutes is amended to read:
102.87 (3) A defendant issued a citation under this section may deposit the amount of money that the issuing department deputy or officer directs by mailing or delivering the deposit and a copy of the citation before the court appearance date to the clerk of the circuit court in the county where the violation occurred, to the department or to the sheriff's office or police headquarters of the officer who issued the citation. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule the deposit shall include the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employer assessment and costs.
27,2624
Section 2624
. 102.87 (4) of the statutes is amended to read:
102.87 (4) A defendant may make a stipulation of no contest by submitting a deposit and a stipulation in the manner provided by sub. (3) before the court appearance date. The signed stipulation is a plea of no contest and submission to a forfeiture plus the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employers assessment and costs not to exceed the amount of the deposit.
27,2625
Section 2625
. 102.87 (5) of the statutes is amended to read:
102.87 (5) Except as provided by sub. (6), a person receiving a deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time specified in the citation he or she shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit and that the court may accept the plea. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the canceled check is the receipt.
27,2626
Section 2626
. 102.87 (6) of the statutes is amended to read:
102.87 (6) The person receiving a deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be considered to have submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as provided in sub. (5).
