Amendment ASA1-AB1089

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 1089

May 7, 1996 - Offered by Joint committee on Finance.

AB1089-ASA1,1,6 An Act to repeal 101.143 (4) (a) 5.; to amend 101.143 (3) (c) 4., 101.143 (3) (c) 4. and 101.143 (4) (a) 7.; and to create 101.143 (4) (a) 8. and 101.143 (4) (ce) of the statutes; relating to: various changes to the petroleum storage remedial action program, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1089-ASA1, s. 1 Section 1. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1089-ASA1,1,14 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76 unless rules promulgated by the department of natural resources provide for an alternate means of certifying that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76.

AB1089-ASA1, s. 2 Section 2 . 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA1,2,8 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11 unless rules promulgated by the department of natural resources provide for an alternate means of certifying that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76 292.11.

AB1089-ASA1, s. 3 Section 3. 101.143 (4) (a) 5. of the statutes is repealed.

AB1089-ASA1, s. 4 Section 4. 101.143 (4) (a) 7. of the statutes is amended to read:

AB1089-ASA1,2,15 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) (v) as awards for 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 and as awards for home oil tank systems.

AB1089-ASA1, s. 5 Section 5. 101.143 (4) (a) 8. of the statutes is created to read:

AB1089-ASA1,3,2 101.143 (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.

AB1089-ASA1, s. 6 Section 6. 101.143 (4) (ce) of the statutes is created to read:

AB1089-ASA1,3,8 101.143 (4) (ce) Eligible cost; service providers. 1. The department may promulgate rules under which costs incurred because of discharges from petroleum product storage systems are not eligible costs under par. (b) unless the owners or operators of those petroleum product storage systems obtain service from the same service provider approved by the department.

AB1089-ASA1,3,17 2. 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.

AB1089-ASA1, s. 7 Section 7 . Nonstatutory provisions; commerce.

AB1089-ASA1,4,2 (1)   Additional awards for failed remedial action. The department of commerce shall study the implementation of section 101.143 (4) (a) 8. of the statutes, as created by this act, with particular attention to the effect of the maximum allowable awards under the petroleum environmental cleanup fund award program. No later than March 1, 1997, the department shall distribute its report on the study to the appropriate standing committees of the legislature, as determined by the president of the senate and the speaker of the assembly, in the manner provided under section 13.172 (3) of the statutes and to the cochairpersons of the joint committee on finance.

AB1089-ASA1,4,3 (2)  Emergency rules.

AB1089-ASA1,4,10 (a)   The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 101.143 of the statutes, as affected by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this paragraph.

AB1089-ASA1,4,12 (b) The department of commerce may not promulgate emergency rules under paragraph (a) after December 31, 1996.

AB1089-ASA1, s. 8 Section 8 . Nonstatutory provisions; industry, labor and human relations.

AB1089-ASA1,4,21 (1)  Emergency rules. Before July 1, 1996, the department of industry, labor and human relations may use the procedure under section 227.24 of the statutes to promulgate rules under section 101.143 of the statutes, as affected by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this subsection.

AB1089-ASA1, s. 9 Section 9. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB1089-ASA1,5,2 (1)  The treatment of section 101.143 (4) (a) 5. and 7. of the statutes and Section 8 of this act take effect on the day after publication.

AB1089-ASA1,5,4 (2)  The treatment of section 101.143 (3) (c) 4. (by Section 2) of the statutes takes effect on January 1, 1997.

AB1089-ASA1,5,5 (End)