AB218-ASA2,39,1412 101.144 (2) (b) 2. The site of the discharge is not contaminated by a hazardous
13substance other than the petroleum product, including any additive, that was
14discharged from the petroleum storage tank.
AB218-ASA2, s. 94 15Section 94. 101.144 (3g) of the statutes is created to read:
AB218-ASA2,40,816 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified
17under this section, excluding sites that are contaminated by a hazardous substance
18other than a petroleum product or an additive to a petroleum product, are classified
19as high risk sites, the department of commerce and the department of natural
20resources, shall attempt to reach an agreement that specifies standards for
21determining whether the site of a discharge of a petroleum product from a petroleum
22storage tank is classified as high risk. The standards shall be designed to classify
23no more than 35% of those sites as high risk sites and may not classify all sites at
24which an enforcement standard is exceeded as high risk sites. If the department of
25commerce and the department of natural resources are unable to reach an

1agreement, they shall refer the matters on which they are unable to agree to the
2secretary of administration for resolution. The secretary of administration shall
3resolve any matters on which the departments disagree in a manner that is
4consistent with this paragraph. The department of commerce shall promulgate rules
5incorporating any agreement between the department of commerce and the
6department of natural resources under this paragraph and any resolution of
7disagreements between the departments by the secretary of administration under
8this paragraph.
AB218-ASA2,40,139 (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites
10classified under this section, excluding sites that are contaminated by a hazardous
11substance other than a petroleum product or an additive to a petroleum product, are
12classified as high risk sites, the department of commerce shall revise the rules using
13the procedure for promulgating the rules in par. (a).
AB218-ASA2, s. 95 14Section 95. 101.144 (3m) (a) 3. of the statutes is amended to read:
AB218-ASA2,40,1915 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for
16determining whether the site of a discharge of a petroleum product from a petroleum
17storage tank is classified as high priority, medium priority risk or low priority risk
18and establishes procedures and schedules for classifying sites of discharges of
19petroleum products from petroleum storage tanks
.
AB218-ASA2, s. 96 20Section 96. 281.59 (4) (b) of the statutes is amended to read:
AB218-ASA2,41,321 281.59 (4) (b) The department of administration may, under s. 18.56 18.561 (5)
22and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state
23treasury or in an account maintained by a trustee outside the state treasury, any
24portion of the revenues derived under s. 25.43 (1). The revenues deposited with a
25trustee outside the state treasury are the trustee's revenues in accordance with the

1agreement between this state and the trustee or in accordance with the resolution
2pledging the revenues to the repayment of revenue obligations issued under this
3subsection.
AB218-ASA2, s. 97 4Section 97. Nonstatutory provisions.
AB218-ASA2,41,75 (1) Financial management. No later than the first day of the 6th month
6beginning after the effective date of this subsection, the department of commerce
7shall do all of the following:
AB218-ASA2,41,108 (a) Update its financial data base for the program under section 101.143 of the
9statutes to ensure that complete cost information related to each occurrence and to
10the annual payment to each owner or operator is readily available.
AB218-ASA2,41,1511 (b) Investigate any variances between the amount of total payments indicated
12by the department's financial data base for the program under section 101.143 of the
13statutes and the amount of total payments indicated by the accounts maintained by
14the department of administration under section 16.52 of the statutes to identify
15when the variances occurred and the reasons for the variances.
AB218-ASA2,41,1816 (c) Make any changes in the department's financial data base needed to ensure
17that the data base is consistent with the accounts maintained by the department of
18administration under section 16.52 of the statutes.
AB218-ASA2,41,1919 (2) Rule making.
AB218-ASA2,41,2320 (a) The department of commerce and the department of natural resources shall
21submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j)
22and (2e) of the statutes, as created by this act, to the legislature under section 227.19
23of the statutes no later than June 1, 2000.
AB218-ASA2,42,1024 (b) Using the procedure under section 227.24 of the statutes, the department
25of commerce and the department of natural resources shall promulgate the rules

1required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created
2by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the
3emergency rules may remain in effect until September 1, 2000, or the date on which
4rules under par. (a) take effect, whichever is sooner. Notwithstanding section 227.24
5(1) (a), (2) (b) and (3) of the statutes, the departments are not required to provide
6evidence that promulgating rules under this paragraph is necessary for the
7preservation of the public peace, health, safety or welfare and is not required to
8provide a finding of emergency for rules promulgated under this paragraph. The
9departments shall promulgate rules under this paragraph no later than the 30th day
10after the effective date of this paragraph.
AB218-ASA2,42,2011 (c) Using the procedure under section 227.24 of the statutes, the department
12of commerce shall promulgate rules to implement section 101.143 (4) (cm) 1. of the
13statutes, as affected by this act, for the period before the effective date of permanent
14rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of
15the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes,
16the department is not required to provide evidence that promulgating rules under
17this paragraph is necessary for the preservation of the public peace, health, safety
18or welfare and is not required to provide a finding of emergency for rules promulgated
19under this paragraph. The department shall promulgate rules under this paragraph
20no later than November 1, 1999.
AB218-ASA2,42,2321 (d) The department of commerce shall submit in proposed form any rules under
22section 101.143 (2) (h) of the statutes, as created by this act, to the legislature under
23section 227.19 of the statutes no later than June 1, 2000.
AB218-ASA2,43,724 (e) If the conditions under section 101.144 (3g) (a) of the statutes, as created
25by this act apply on December 1, 1999, using the procedure under section 227.24 of

1the statutes, the department of commerce shall promulgate the rules required under
2section 101.144 (3g) (a) of the statutes, as created by this act, for the period before
3the effective date of permanent rules, but not to exceed the period authorized under
4section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a),
5(2) (b) and (3) of the statutes, the department is not required to provide a finding of
6emergency for rules promulgated under this paragraph. The department shall
7promulgate rules under this paragraph no later than December 31, 1999.
AB218-ASA2,43,118 (f) The department of natural resources shall submit in proposed form any
9changes in its rules necessary to conform to the rules under section 101.143 (2) (h),
10(i) and (j) of the statutes, as created by this act, to the legislature under section 227.19
11of the statues no later than June 1, 2000.
AB218-ASA2,43,1612 (3) Claims review project positions. The authorized FTE positions for the
13department of commerce, funded by the appropriation under section 20.143 (3) (Lm)
14of the statutes, as created by this act, are increased by 2.0 PR project positions for
15the period ending on June 30, 2001, for the purpose of performing claims review
16under section 101.143 of the statutes.
AB218-ASA2,43,2117 (4) Report concerning federal funding. The secretary of administration shall
18report to the joint committee on finance on how federal funds related to leaking
19underground storage tanks should be allocated between the department of
20commerce and the department of natural resources. The secretary shall submit the
21report for review by the committee at its 4th quarterly meeting in 1999.
AB218-ASA2,43,2522 (5) Transfer of sites. The department of natural resources and the
23department of commerce shall identify sites the classification of which is changed
24because of the changes made by this act in section 101.144 of the statutes and shall
25transfer authority over those sites no late than December 1, 1999.
AB218-ASA2,44,6
1(6) Report concerning interest costs. No later than March 1, 2000, the
2department of commerce shall submit a report to the joint committee on finance and
3the joint committee for review of administrative rules containing recommendations
4for actions that the department could take to reduce interest costs incurred by
5claimants under the program under section 101.143 of the statutes, including a
6review of schedules for making progress payments to claimants.
AB218-ASA2,44,137 (7) Evaluation of usual and customary cost schedule. The department of
8commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes,
9as affected by this act, and shall report the results of the evaluation to the joint
10legislative audit committee, to the joint committee on finance and to the appropriate
11standing committees of the legislature, in the manner provided in s. 13.172 (3) of the
12statutes, no later than the first day of the 14th month beginning after the effective
13date of this subsection.
AB218-ASA2, s. 98 14Section 98 . Appropriation changes; commerce.
AB218-ASA2,44,2015 (1) Hydrogeologist positions. In the schedule under section 20.005 (3) of the
16statutes for the appropriation to the department of commerce under section 20.143
17(3) (w) of the statutes, as affected by the acts of 1999, the dollar amount is increased
18by $152,200 for fiscal year 1999-00 and the dollar amount is increased by $174,800
19for fiscal year 2000-01 to increase the authorized FTE positions for the department
20by 3.0 SEG hydrogeologist positions.
AB218-ASA2,45,221 (2) Petroleum storage remedial action claims review. In the schedule under
22section 20.005 (3) of the statutes for the appropriation to the department of commerce
23under section 20.143 (3) (w) of the statutes, as affected by the acts of 1999, the dollar
24amount is increased by $84,200 for fiscal year 1999-00 to increase the authorized
25FTE positions for the department by 2.0 SEG project positions for the period ending

1on June 30, 2000, for the purpose of performing claims review under section 101.143
2of the statutes.
AB218-ASA2, s. 99 3Section 99 . Initial applicability.
AB218-ASA2,45,74 (1) Risk based analysis and reimbursement changes. The treatment of section
5101.143 (2e) (c), (3) (cn), (cp), (cs) and (g) and (4) (c) 11. of the statutes first applies
6to a discharge with respect to which activities under section 101.143 (3) (c) 3. or (g)
7of the statutes are begun on the effective date of this subsection.
AB218-ASA2,45,118 (2) Deductibles. The treatment of section 101.143 (4) (d) 2. (intro.), (dg) and
9(dm) 2. a. and c. and (ei) 2. of the statutes first applies to a person who submits a
10remedial action plan, that is acceptable to the department of commerce or the
11department of natural resources, on November 1, 1999.
AB218-ASA2,45,1312 (3) Interest reimbursement. The treatment of section 101.143 (4) (c) 8. of the
13statutes first applies to an applicant whose loan is secured on November 1, 1999.
AB218-ASA2, s. 100 14Section 100. Effective dates. This act takes effect on the day after
15publication, except as follows:
AB218-ASA2,45,1816 (1) Appropriation increases. Section 98 of this act takes effect on July 1, 1999,
17or on the second day after publication of the 1999-2001 biennial budget act,
18whichever is later.
AB218-ASA2,45,2119 (2) Risk based analysis and reimbursement changes. The treatment of section
20101.143 (2e) (c), (3) (cn), (cp), (cs) and (g) and (4) (c) 11. of the statutes and Section
2199 of this act take effect on November 1, 1999.
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