1995 - 1996 LEGISLATURE
January 26, 1995 - Introduced by Senators C. Potter, Jauch, Moen, Burke, Plewa,
Risser
and Rosenzweig, cosponsored by Representatives Grothman,
Baumgart, Johnsrud, Baldus, Zukowski, Ziegelbauer, Robson, Gronemus,
Lehman, Hahn, Porter, Reynolds, Otte, Wilder, Boyle, Ryba
and Silbaugh.
Referred to Committee on Environment and Energy.
SB43,1,6 1An Act to amend 101.143 (1) (fg), 101.143 (4) (d) 2. (intro.), 101.143 (4) (d) 2. d.,
2101.143 (4) (dm) 2. b., 101.143 (4) (dm) 3. b., 101.143 (4) (e) 2. and 101.143 (4)
3(e) 2m.; and to create 101.143 (1) (fp) of the statutes; relating to:
4reimbursement of costs incurred because of discharges from heating oil tanks
5that serve buildings primarily used for religious worship and heating oil tanks
6that serve nonprofit private schools.
Analysis by the Legislative Reference Bureau
Under current law, the department of industry, labor and human relations
(DILHR) administers the petroleum storage environmental cleanup program,
commonly called PECFA. Under PECFA, DILHR reimburses persons owning or
operating certain petroleum product storage tanks from which discharges occur for
a portion of the costs of cleaning up the discharges. Under current law, PECFA
generally does not cover the costs of cleaning up discharges from tanks used to store
heating oil for use on the premises where stored. PECFA does cover heating oil tanks
owned by school districts and technical college districts and provides limited
coverage of home and farm heating oil tanks.
Under this bill, PECFA covers the costs of cleaning up discharges from heating
oil tanks that serve buildings primarily used for religious worship and from heating
oil tanks that serve nonprofit private schools.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB43, s. 1
1Section 1. 101.143 (1) (fg) of the statutes is amended to read:
SB43,2,132 101.143 (1) (fg) "Petroleum product storage system" means a storage tank that
3is located in this state and is used to store petroleum products together with any
4on-site integral piping or dispensing system. The term does not include pipeline
5facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or
6less capacity storing petroleum products that are not for resale; farm tanks of 1,100
7gallons or less capacity storing petroleum products that are not for resale, except as
8provided in sub. (4) (ei); tanks used for storing heating oil for consumptive use on the
9premises where stored, except for heating oil tanks owned by school districts and,
10heating oil tanks owned by technical college districts, heating oil tanks that serve
11buildings primarily used for religious worship and heating oil tanks that serve
12nonprofit private schools
and except as provided in sub. (4) (ei); or tanks owned by
13this state or the federal government.
SB43, s. 2 14Section 2. 101.143 (1) (fp) of the statutes is created to read:
SB43,2,1515 101.143 (1) (fp) "Private school" has the meaning given in s. 115.001 (3r).
SB43, s. 3 16Section 3. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
SB43,3,217 101.143 (4) (d) 2. (intro.) The department shall issue the award under this
18paragraph without regard to fault in an amount equal to the amount of the eligible
19costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs, but not
20more than $7,500 per occurrence, except that the deductible amount for a petroleum
21product storage system that is owned by a school district or a technical college district
22and
that is used for storing heating oil for consumptive use on the premises and that
23is owned by a school district or technical college district, serves building used
24primarily for religious worship or serves a nonprofit private school
is 25% of eligible

1costs. An award issued under this paragraph may not exceed the following for each
2occurrence:
SB43, s. 4 3Section 4. 101.143 (4) (d) 2. d. of the statutes is amended to read:
SB43,3,84 101.143 (4) (d) 2. d. For a school district or a technical college district with With
5respect to a discharge from a petroleum product storage system that is used for
6storing heating oil for consumptive use on the premises where stored and that is
7owned by a school district or technical college district, serves a building used
8primarily for religious worship or serves a nonprofit private school
, $190,000.
SB43, s. 5 9Section 5. 101.143 (4) (dm) 2. b. of the statutes is amended to read:
SB43,3,1510 101.143 (4) (dm) 2. b. For a school district or a technical college district with
11With respect to a discharge from a petroleum product storage system that is used for
12storing heating oil for consumptive use on the premises where stored and that is
13owned by a school district or technical college district, serves a building used
14primarily for religious worship or serves a nonprofit private school
, 25% of eligible
15costs.
SB43, s. 6 16Section 6. 101.143 (4) (dm) 3. b. of the statutes is amended to read:
SB43,3,2117 101.143 (4) (dm) 3. b. For a school district or a technical college district with
18With respect to a discharge from a petroleum product storage system that is used for
19storing heating oil for consumptive use on the premises where stored and that is
20owned by a school district or technical college district, serves a building used
21primarily for religious worship or serves a nonprofit private school
, $190,000.
SB43, s. 7 22Section 7. 101.143 (4) (e) 2. of the statutes is amended to read:
SB43,4,1023 101.143 (4) (e) 2. The department shall issue the award under this paragraph
24without regard to fault in an amount equal to the amount of the eligible costs that
25exceeds a deductible amount of $2,500 plus 5% of the eligible costs, but not more than

1$7,500 per occurrence, for eligible costs incurred before July 1, 1993, or a deductible
2amount of $10,000 for eligible costs incurred on or after July 1, 1993, except that the
3deductible amount for a petroleum product storage system that is owned by a school
4district or a technical college district and
that is used for storing heating oil for
5consumptive use on the premises where stored and that is owned by a school district
6or technical college district, serves a building used primarily for religious worship or
7serves a nonprofit private school
is 25% of eligible costs and except that the
8deductible for a petroleum product storage system that is described in par. (ei) 1. is
9$2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without
10regard to when the eligible costs are incurred.
SB43, s. 8 11Section 8. 101.143 (4) (e) 2m. of the statutes is amended to read:
SB43,4,2212 101.143 (4) (e) 2m. An award issued under this paragraph may not exceed
13$195,000 for eligible costs incurred before July 1, 1993, or $190,000 for eligible costs
14incurred on or after July 1, 1993, for each occurrence, except that an award under
15this paragraph to a school district or a technical college district with respect to a
16discharge from a petroleum product storage system that is used for storing heating
17oil for consumptive use on the premises where stored and that is owned by a school
18district or technical college district, serves a building used primarily for religious
19worship or serve a nonprofit private school
is $190,000 for each occurrence, without
20regard to when the eligible costs are incurred, and except that an award under this
21paragraph to the owner or operator of a petroleum product storage system described
22in par. (ei) 1. may not exceed $100,000 per occurrence.
SB43,4,2323 (End)
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