Amendment SSA1-SB45

SB45-SSA1, s. 1986i Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:

SB45-SSA1,1029,3 101.143 (4) (c) 11. For a site that is classified as low or medium risk under s. 101.144, costs that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the least costly method, subject to par. (b) 16.

SB45-SSA1, s. 1986k Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:

SB45-SSA1,1029,8 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice, subject to par. (b) 16.

SB45-SSA1, s. 1986m Section 1986m. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1. and amended to read:

SB45-SSA1,1029,22 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and customary costs for any items under par. (b) and may that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of a claimant's 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 hours for particular tasks and the maximum reimbursable 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. This subdivision does not apply after June 30, 2001.

SB45-SSA1, s. 1986p Section 1986p. 101.143 (4) (cm) 2. of the statutes is created to read:

SB45-SSA1,1030,2 101.143 (4) (cm) 2. The department may establish a schedule of usual and customary costs for any items under par. (b) and may use that schedule to determine the amount of a claimant's eligible costs. This subdivision applies after June 30, 2001.

SB45-SSA1, s. 1987b Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

SB45-SSA1,1030,11 101.143 (4) (d) 2. (intro.) The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a the deductible amount of $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises is 25% of eligible costs under par. (dg). An award issued under this paragraph may not exceed the following for each occurrence:

SB45-SSA1, s. 1991c Section 1991c. 101.143 (4) (dg) of the statutes is created to read:

SB45-SSA1,1030,14 101.143 (4) (dg) Deductible; underground systems. The amount of the deductible for an award under par. (d) is as follows for each occurrence:

SB45-SSA1,1030,20 1. Except as provided under par. (di), for an owner or operator of an underground petroleum product storage tank system that is located at a facility at which petroleum is stored for resale or an owner or operator of an underground petroleum product storage tank system that handles an annual average of more than 10,000 gallons of petroleum per month, $5,000 plus 4% of the amount by which eligible costs exceed $100,000.

SB45-SSA1,1030,23 2. For a school district or a technical college district with respect to a discharge from an underground petroleum product storage tank system that is used for storing heating oil for consumptive use on the premises, 25% of eligible costs.

SB45-SSA1,1030,25 3. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $5,000.

SB45-SSA1,1031,2 4. For an owner or operator other than an owner or operator described in subd. 1., 2. or 3., $2,500, plus 5% of eligible costs, but not more than $7,500.

SB45-SSA1, s. 1992c Section 1992c. 101.143 (4) (di) of the statutes is created to read:

SB45-SSA1,1031,10 101.143 (4) (di) Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to par. (dg) 1. for whom the deductible is the amount under par. (dg) 4. rather than the amount under par. (dg) 1. if the class is based on financial hardship or consists of local governmental units that are conducting remedial action as part of projects to redevelop brownfields, as defined in s. 560.13 (1) (a).

SB45-SSA1, s. 1993c Section 1993c. 101.143 (4) (dm) 2. a. of the statutes is amended to read:

SB45-SSA1,1031,13 101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5% 10% of the amount by which eligible costs exceed $200,000.

SB45-SSA1, s. 1993f Section 1993f. 101.143 (4) (dm) 2. c. of the statutes is amended to read:

SB45-SSA1,1031,17 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs but not more than $7,500 $5,000 per occurrence.

SB45-SSA1, s. 1993m Section 1993m. 101.143 (4) (ei) 2. of the statutes is repealed and recreated to read:

SB45-SSA1,1031,23 101.143 (4) (ei) 2. The department shall review claims related to discharges from farm tanks described in subd. 1. as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. as soon as it completes the review of the claim.

SB45-SSA1, s. 1994 Section 1994. 101.143 (9m) of the statutes is created to read:

SB45-SSA1,1032,8 101.143 (9m) Revenue obligations. (a) For purposes of subch. II of ch. 18, the petroleum storage remedial action program is a special fund program, and the petroleum inspection fund is a special fund. The petroleum inspection fund is a segregated fund created by the imposition of fees, penalties or excise taxes. The legislature finds and determines that a nexus exists between the petroleum storage remedial action program and the petroleum inspection fund in that fees imposed on users of petroleum are used to remedy environmental damage caused by petroleum storage.

SB45-SSA1,1032,13 (b) Deposits, appropriations or transfers to the petroleum inspection fund for the purposes of the petroleum storage remedial action program may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.

SB45-SSA1,1032,17 (e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.

SB45-SSA1,1032,21 (f) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.

SB45-SSA1,1033,5 (g) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection may not exceed $270,000,000 in principal amount. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds or to pay accrued or capitalized interest.

SB45-SSA1,1033,7 (gm) Of the revenue obligations authorized under par. (g), no more than $170,000,000 may be issued until all of the following conditions have been met:

SB45-SSA1,1033,11 1. The joint committee on finance has approved, at a regular quarterly meeting under s. 13.10, a report jointly submitted by the departments of administration, commerce and natural resources. The report shall include information regarding all of the following:

SB45-SSA1,1033,12 a. The proposed issuance of any revenue obligations in excess of $170,000,000.

SB45-SSA1,1033,14 b. The amount of claims under sub. (3) received during the 2 calendar quarters immediately preceding the date of the report.

SB45-SSA1,1033,16 c. The number and dollar amount of claims under sub. (3) that the department of commerce has received but not paid.

SB45-SSA1,1033,19 d. The progress made by the departments of administration, commerce and natural resources in implementing cost control strategies to reduce the costs of cleanups at sites for which claims are submitted under sub. (3).

SB45-SSA1,1033,21 2. The departments of commerce and natural resources have jointly promulgated permanent rules under sub. (2) (h) to (j).

SB45-SSA1,1034,2 (h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the owners of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.

SB45-SSA1,1034,8 (i) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if the legislature reduces the rate of the petroleum inspection fee and if the funds in the petroleum inspection fund are insufficient to pay the principal and interest on the revenue obligations issued under subch. II or IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation from the general fund sufficient to pay the principal and interest on the obligations.

SB45-SSA1, s. 1994m Section 1994m. 101.143 (11) of the statutes is created to read:

SB45-SSA1,1034,15 101.143 (11) Reports. No later than each January 1 and July 1, the department of commerce and the department of natural resources shall submit the the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

SB45-SSA1,1034,18 (a) All of the following information for each petroleum product storage system and home oil tank system from which a discharge has occurred for which remedial action activities are being conducted:

SB45-SSA1,1034,19 1. The date on which the record of the site investigation was received.

SB45-SSA1,1034,21 2. The environmental risk factors, as defined by the department of commerce by rule, identified at the site.

SB45-SSA1,1034,22 3. The year in which the approval under sub. (3) (c) 4. is expected to be issued.

SB45-SSA1,1034,24 (am) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.

SB45-SSA1,1034,25 (b) The percentage of sites classified as high risk under s. 101.144.

SB45-SSA1,1035,3 (c) The name of each person providing engineering consulting services to a claimant under this section and the number of claimants to whom the person has provided those services.

SB45-SSA1,1035,5 (d) The charges for engineering consulting services for sites for which approvals are given under sub. (3) (c) 4. and for other sites.

SB45-SSA1,1035,8 (e) The charges by service providers other than engineering consultants for services for which reimbursement is provided under this section, including excavating, hauling, laboratory testing and landfill disposal.

SB45-SSA1,1035,10 (em) Whether disputes have arisen between the departments under sub. (3) (cw) 2. and, if so, how those disputes have been resolved.

SB45-SSA1,1035,13 (f) Strategies for recording and monitoring complaints of fraud in the program under this section and for the use of employes of the department of commerce who conduct audits to identify questionable claims and investigate complaints.

SB45-SSA1, s. 1995p Section 1995p. 101.144 (1) (ae) of the statutes is created to read:

SB45-SSA1,1035,15 101.144 (1) (ae) "Enforcement standard" has the meaning given in s. 160.01 (2).

SB45-SSA1, s. 1995r Section 1995r. 101.144 (1) (aq) of the statutes is created to read:

SB45-SSA1,1035,21 101.144 (1) (aq) Except as provided under sub. (3g), "high-risk site" means the site of a discharge of a petroleum product from a petroleum storage tank if the discharge has resulted in a concentration of contaminants that exceeds an enforcement standard in soil that has a hydraulic conductivity of 1x10-5 centimeters per second or if at least one of the following applies:

SB45-SSA1,1035,24 1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in s. 160.01 (6).

SB45-SSA1,1036,2 2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.

SB45-SSA1,1036,5 3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

SB45-SSA1,1036,6 4. An enforcement standard is exceeded in bedrock.

SB45-SSA1, s. 1996c Section 1996c. 101.144 (2) (b) 1. of the statutes is amended to read:

SB45-SSA1,1036,10 101.144 (2) (b) 1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium priority risk or low priority risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.

SB45-SSA1, s. 1996e Section 1996e. 101.144 (2) (b) 2. of the statutes is amended to read:

SB45-SSA1,1036,14 101.144 (2) (b) 2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.

SB45-SSA1, s. 1997c Section 1997c. 101.144 (3g) of the statutes is created to read:

SB45-SSA1,1037,8 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

SB45-SSA1,1037,13 (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce shall revise the rules using the procedure for promulgating the rules in par. (a).

SB45-SSA1, s. 1998ac Section 1998ac. 101.144 (3m) (a) 3. of the statutes is amended to read:

SB45-SSA1,1037,19 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority risk or low priority risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.

SB45-SSA1, s. 1998af Section 1998af. 101.63 (3m) of the statutes is created to read:

SB45-SSA1,1038,2 101.63 (3m) Contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state. The department may only contract with an organization under this subsection if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB45-SSA1, s. 1998ak Section 1998ak. 101.651 (title) of the statutes is amended to read:

SB45-SSA1,1038,4 101.651 (title) Certain municipalities excepted exempted.

SB45-SSA1, s. 1998ap Section 1998ap. 101.651 (1) (title) of the statutes is created to read:

SB45-SSA1,1038,6 101.651 (1) (title) Definition.

SB45-SSA1, s. 1998as Section 1998as. 101.651 (2) of the statutes is repealed.

SB45-SSA1, s. 1998av Section 1998av. 101.651 (2m) of the statutes is created to read:

SB45-SSA1,1038,13 101.651 (2m) Exemption by resolution. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless the municipality does any of the following by resolution:

SB45-SSA1,1038,18 (a) Requests under sub. (3) that the department or a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that the department or a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

SB45-SSA1,1038,25 (b) Determines not to exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings under s. 101.65 (1) (a), not to exercise jurisdiction jointly under s. 101.65 (1) (b), not to request under sub. (3) that the department or a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and not to request under sub. (3) that the department or a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

SB45-SSA1, s. 1998ay Section 1998ay. 101.651 (3) of the statutes is amended to read:

SB45-SSA1,1039,10 101.651 (3) Departmental and county authority in municipalities; generally. Except as provided in sub. (3m) or (3s), the department or a county may not enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under s. 101.65 (1) (c) or ss. 101.63 (9) and 101.65 (2) from the a person or municipality making the a request under this subsection.

SB45-SSA1, s. 1998bc Section 1998bc. 101.651 (3m) (title) of the statutes is created to read:

SB45-SSA1,1039,13 101.651 (3m) (title) Authority over erosion control in towns, unincorporated areas and certain exempted municipalities.

SB45-SSA1, s. 1998bg Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a) and amended to read:

SB45-SSA1,1039,22 101.651 (3m) (a) The department may enforce s. 101.653 in a municipality that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any city or village that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). The department or the county shall collect a fee for the inspection services under this subsection.

SB45-SSA1, s. 1998bL Section 1998bL. 101.651 (3s) of the statutes is renumbered 101.651 (3m) (b).

SB45-SSA1, s. 1998bp Section 1998bp. 101.651 (4) (title) of the statutes is created to read:

SB45-SSA1,1039,25 101.651 (4) (title) Data relating to housing starts in municipalities.