Amendment SSA2-SB86

SB86-SSA2, s. 42 Section 42. 20.143 (3) (s) of the statutes is created to read:

SB86-SSA2,19,3 20.143 (3) (s) Petroleum inspection fund — revenue obligation proceeds. As a continuing appropriation, all proceeds from revenue obligations that are issued under subch. II or IV of ch. 18, authorized under s. 101.143 (9m) and deposited in a fund in the state treasury created under s. 18.57 (1), to provide for reserves and for expenses of issuance and management of the revenue obligations, and the remainder to be transferred to the petroleum inspection fund for the purposes of the petroleum storage remedial action program under s. 101.143. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

SB86-SSA2, s. 43 Section 43. 20.143 (3) (t) of the statutes is created to read:

SB86-SSA2,19,9 20.143 (3) (t) Petroleum inspection fund -- revenue obligation repayment. From the petroleum inspection fund, a sum sufficient to repay the fund in the state treasury created under s. 18.57 (1), or the separate and distinct fund outside the state treasury under s. 18.562 (3) and (5) (e), the amount needed to retire revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 101.143 (9m).

SB86-SSA2, s. 44 Section 44. 20.143 (3) (u) of the statutes is created to read:

SB86-SSA2,19,20 20.143 (3) (u) Revenue obligation debt service -- petroleum inspection fund. From the fund in the state treasury created under s. 18.57 (1), all moneys received by the fund for the purpose of the retirement of revenue obligations, providing for reserves and for operations relating to the management and retirement of revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 101.143 (9m). All moneys received by the fund are irrevocably appropriated in accordance with subch. II of ch. 18 and further established in resolutions authorizing the issuance of the revenue obligations and setting forth the distribution of funds to be received thereafter. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

SB86-SSA2, s. 45 Section 45. 20.143 (3) (v) of the statutes is amended to read:

SB86-SSA2,20,3 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 and, 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) (em) 1., to purchase, or provide funding to purchase, insurance described in s. 101.143 (2) (em) 2.

SB86-SSA2, s. 46 Section 46. 20.143 (3) (vb) of the statutes is created to read:

SB86-SSA2,20,10 20.143 (3) (vb) Petroleum storage environmental remedial action revenue bonding; awards. From the petroleum inspection fund, a sum sufficient not to exceed the net proceeds of special fund obligations issued pursuant to s. 101.143 (9m) to pay awards under s. 101.143 (4) and legal costs incurred under s. 101.143 (7m). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

SB86-SSA2, s. 47 Section 47. 25.47 of the statutes is renumbered 25.47 (intro.) and amended to read:

SB86-SSA2,20,14 25.47 Petroleum inspection fund. (intro.) There is established a separate nonlapsible trust fund designated as the petroleum inspection fund, to consist of the:

SB86-SSA2,20,15 (1) The fees imposed under s. 168.12 (1), the.

SB86-SSA2,20,16 (2) The payments under s. 101.143 (4) (h) 1m., the

SB86-SSA2,20,17 (3) The payments under s. 101.143 (5) (a) and the.

SB86-SSA2,20,18 (4) The net recoveries under s. 101.143 (5) (c).

SB86-SSA2, s. 48 Section 48. 25.47 (1m) of the statutes is created to read:

SB86-SSA2,20,20 25.47 (1m) Any fees imposed under s. 101.143 (2) (em) 1.

SB86-SSA2, s. 49 Section 49. 25.47 (5) of the statutes is created to read:

SB86-SSA2,20,23 25.47 (5) The moneys transferred from the appropriation account under s. 20.143 (3) (s).

SB86-SSA2, s. 50 Section 50. 25.47 (6) of the statutes is created to read:

SB86-SSA2,21,3 25.47 (6) The net proceeds of revenue obligations issued under s. 101.143 (9m) that are transferred from a separate and distinct fund outside the state treasury, in an account maintained by a trustee, under s. 18.562 (3) and (5) (e).

SB86-SSA2, s. 51 Section 51. 45.79 (9) (a) of the statutes is amended to read:

SB86-SSA2,21,15 45.79 (9) (a) All moneys received from any source for repayment of loans, mortgages or mortgage loan notes funded with proceeds of revenue obligations issued under sub. (6) (c) shall be deposited into one or more separate nonlapsible trust funds in the state treasury or with a trustee as provided in s. 18.56 18.561 (9) (j) or 18.562 (5) (e). The board may pledge revenues received by the funds to secure revenue obligations issued under sub. (6) (c) and shall have all other powers necessary and convenient to distribute the proceeds of the revenue obligations and loan repayments in accordance with subch. II of ch. 18. Unrestricted balances in the funds may be used to fund additional loans issued under sub. (6) (c) and pay the balances owing on loans after the assumptions of the loans or the closings of the sales of residences under sub. (10) (c).

SB86-SSA2, s. 52 Section 52. 84.59 (2) of the statutes is amended to read:

SB86-SSA2,21,22 84.59 (2) The department may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under s. 341.25. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section.

SB86-SSA2, s. 53 Section 53. 85.52 (5) (c) of the statutes is amended to read:

SB86-SSA2,22,6 85.52 (5) (c) The department of administration may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.405 (2). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

SB86-SSA2, s. 54 Section 54. 101.143 (1) (bm) of the statutes is created to read:

SB86-SSA2,22,9 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01 (2).

SB86-SSA2, s. 55 Section 55. 101.143 (1) (cq) of the statutes is created to read:

SB86-SSA2,22,13 101.143 (1) (cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.

SB86-SSA2, s. 56 Section 56. 101.143 (2) (em) of the statutes is created to read:

SB86-SSA2,22,19 101.143 (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 under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.

SB86-SSA2,22,23 2. If the department promulgates rules under subd. 1., the department may purchase, or provide funding for the purchase of, insurance to cover the amount by which the costs of conducting activities under sub. (3) (c) exceed the amount bid to conduct those activities.

SB86-SSA2, s. 57 Section 57. 101.143 (2) (h) of the statutes is created to read:

SB86-SSA2,23,4 101.143 (2) (h) The department of commerce and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

SB86-SSA2,23,7 1. Information that must be submitted under this section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted under sub. (3) but for which a final claim has not been submitted.

SB86-SSA2,23,8 2. Formats for submitting the information under subd. 1.

SB86-SSA2,23,11 3. Review procedures that must be followed by employes of the department of natural resources and the department of commerce in reviewing the information submitted under subd. 1.

SB86-SSA2, s. 58 Section 58. 101.143 (2) (i) of the statutes is created to read:

SB86-SSA2,23,18 101.143 (2) (i) The department of commerce and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employes of the department of commerce and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

SB86-SSA2,23,21 1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) to determine the risk posed by discharges that are the subject of the remedial actions.

SB86-SSA2,23,23 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards.

SB86-SSA2,23,25 3. A definition of "reasonable time" for the purpose of determining whether natural attenuation may be used to achieve enforcement standards.

SB86-SSA2,24,1 4. Procedures to be used to measure concentrations of contaminants.

SB86-SSA2, s. 59 Section 59. 101.143 (2) (j) of the statutes is created to read:

SB86-SSA2,24,4 101.143 (2) (j) The department of commerce and the department of natural resources, jointly, shall promulgate rules specifying all of the following:

SB86-SSA2,24,6 1. The conditions under which employes of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.

SB86-SSA2,24,8 2. Training and management procedures to ensure that employes comply with the requirements under subd. 1.

SB86-SSA2, s. 60 Section 60. 101.143 (2) (k) of the statutes is created to read:

SB86-SSA2,24,21 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. 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 pars. (h) to (j). The department of commerce and the department of natural resources, jointly, 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.

SB86-SSA2, s. 61 Section 61. 101.143 (2) (L) of the statutes is created to read:

SB86-SSA2,25,2 101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s. 20.143 (3) (Lm).

SB86-SSA2, s. 62 Section 62. 101.143 (2e) of the statutes is created to read:

SB86-SSA2,25,9 101.143 (2e) Risk-based analysis. (a) The department of commerce and the department of natural resources, shall attempt to agree on a method, which shall include consideration of the routes for migration of petroleum product contamination, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

SB86-SSA2,25,18 (b) If the department of commerce and the department of natural resources are unable to reach an agreement under par. (a), 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 par. (a). The department of commerce and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

SB86-SSA2,25,22 (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

SB86-SSA2, s. 63 Section 63. 101.143 (3) (c) 2. of the statutes is amended to read:

SB86-SSA2,26,3 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department.

SB86-SSA2, s. 64 Section 64. 101.143 (3) (cm) of the statutes is amended to read:

SB86-SSA2,26,10 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation attenuation of petroleum product contamination.

SB86-SSA2, s. 65 Section 65. 101.143 (3) (cn) of the statutes is created to read:

SB86-SSA2,26,15 101.143 (3) (cn) Review of remedial action plans. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall review and approve or disapprove a remedial action plan submitted under par. (c) 2.

SB86-SSA2, s. 66 Section 66. 101.143 (3) (cp) of the statutes is created to read:

SB86-SSA2,26,22 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $80,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

SB86-SSA2,27,2 2. The department of commerce or the department of natural resources may waive the requirement under subd. 1. if 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.

SB86-SSA2,27,5 3. The department of commerce may waive the requirement under subd. 1. if it determines that the remedial action plan identifies the least costly method of complying with par. (c) 3. and with enforcement standards.

SB86-SSA2,27,9 4. The department of commerce or the department of natural resources may waive the requirement under subd. 1. on the grounds that waiver is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

SB86-SSA2,27,11 5. The department of commerce or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department.

SB86-SSA2,27,15 6. The department of commerce may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.

SB86-SSA2,27,19 7. The department of commerce may disqualify a person from submitting bids under subd. 1. if, based on past performance of the bidder, the department determines that the person has demonstrated an inability to complete remedial action within established cost limits.

SB86-SSA2, s. 67 Section 67. 101.143 (3) (cs) of the statutes is created to read:

SB86-SSA2,28,3 101.143 (3) (cs) Determination of least costly method of remedial action. 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 for remedial action under this section is limited to the amount necessary to implement that method.

SB86-SSA2,28,8 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.

SB86-SSA2,28,11 3. In making determinations under subd. 1., the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB86-SSA2,28,14 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions.

SB86-SSA2, s. 68 Section 68. 101.143 (3) (cw) of the statutes is created to read:

SB86-SSA2,28,23 101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of completing remedial action at the site in order to comply 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 under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

SB86-SSA2,29,4 2. The department of natural resources and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method.

SB86-SSA2,29,7 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB86-SSA2,29,10 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions.

SB86-SSA2, s. 69 Section 69. 101.143 (3) (d) of the statutes is amended to read:

SB86-SSA2,29,21 101.143 (3) (d) Review of site investigations, remedial action plans and Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB86-SSA2, s. 70 Section 70. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated, renumbered 101.143 (3) (g) and amended to read:

SB86-SSA2,30,8 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if any of the following apply: 1. An an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of commerce and the department of natural resources of the emergency and the department of commerce and the department of natural resources authorized emergency action.

SB86-SSA2, s. 71 Section 71. 101.143 (3) (g) 2. of the statutes is repealed.

SB86-SSA2, s. 72 Section 72. 101.143 (4) (b) (intro.) of the statutes is amended to read:

SB86-SSA2,30,14 101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c), eligible costs for an award under par. (a) include actual costs or, if the department establishes a schedule usual and customary cost under par. (cm) for an item, usual and customary costs for the following items only: