AB255, s. 11 20Section 11. 101.143 (3) (ap) of the statutes is created to read:
AB255,9,2521 101.143 (3) (ap) Upgraded aboveground systems. 1. An owner or operator is
22not eligible for an award under this section for costs incurred because of a petroleum
23product discharge from a petroleum product storage system that is not an
24underground petroleum product storage tank system if the discharge is confirmed,
25or activities under par. (c) or (g) are begun with respect to that discharge, after the

1day on which the petroleum product storage system first meets the upgrading
2requirements in rules promulgated by the department relating to the upgrading of
3existing petroleum product storage systems that are not underground petroleum
4product storage tank systems, except as provided in subd. 2.
AB255,10,185 2. If a petroleum product storage system that meets the upgrading
6requirements in rules promulgated by the department relating to the upgrading of
7existing petroleum product storage systems that are not underground petroleum
8product storage tank systems is located on a site on which a petroleum product
9discharge is confirmed before the date on which the petroleum product storage
10system first meets those upgrading requirements and the department of natural
11resources does not issue a case closure letter with respect to that discharge before
12that date, then the owner or operator remains eligible for an award for costs incurred
13because of a petroleum product discharge, from that petroleum product storage
14system, which is confirmed, and with respect to which activities under par. (c) or (g)
15are begun, before May 1, 2001, or before the 91st day after the day on which the
16department of natural resources issues a case closure letter with respect to the
17discharge that occurred before the upgrading requirements were met, whichever is
18earlier.
AB255, s. 12 19Section 12. 101.143 (3) (as) of the statutes is repealed.
AB255, s. 13 20Section 13. 101.143 (3) (c) 4. of the statutes is amended to read:
AB255,11,221 101.143 (3) (c) 4. Receive written approval from the department of natural
22resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
23of commerce that the remedial action activities performed under subd. 3. meet the
24requirements of s. 292.11 unless rules promulgated by the department of natural

1resources provide for an alternate means of certifying that the remedial action
2activities performed under subd. 3. meet the requirements of s. 292.11
.
AB255, s. 14 3Section 14. 101.143 (3) (f) 5. of the statutes is amended to read:
AB255,11,54 101.143 (3) (f) 5. The written approval of the department of natural resources
5or the department of commerce, or alternate certification, under par. (c) 4.
AB255, s. 15 6Section 15. 101.143 (4) (a) 5. of the statutes is repealed.
AB255, s. 16 7Section 16. 101.143 (4) (a) 7. of the statutes is amended to read:
AB255,11,128 101.143 (4) (a) 7. In any fiscal year, the department may not award more than
95% of the amount appropriated under s. 20.143 (3) (v) as awards for home oil tank
10systems and
petroleum product storage systems that are owned by school districts
11and that are used for storing heating oil for consumptive use on the premises where
12stored.
AB255, s. 17 13Section 17. 101.143 (4) (a) 8. of the statutes is created to read:
AB255,11,2314 101.143 (4) (a) 8. If the department issues an award under this section for
15remedial action activities that were necessitated by a petroleum product discharge
16from a petroleum product storage system or home oil tank system and it is
17subsequently determined that the approved remedial action activities failed to
18remedy the discharge, then the department may approve additional financial
19assistance for costs incurred to enhance the approved remedial action activities or
20implement new remedial action activities. The total amount of an original award
21under this section plus additional financial assistance provided under this
22subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on amounts of
23awards.
AB255, s. 18 24Section 18. 101.143 (4) (ce) of the statutes is created to read:
AB255,12,5
1101.143 (4) (ce) Eligible cost; service providers. 1. The department may
2promulgate rules under which the costs incurred for a specified service because of
3discharges from petroleum product storage systems are not eligible costs under par.
4(b) unless the owners or operators of those petroleum product storage systems obtain
5the service from the same service provider approved by the department.
AB255,12,146 2. The department may promulgate rules under which the department selects
7service providers to provide investigation or remedial action services in specified
8areas. The rules may provide that the costs of a service for which the department
9has selected a service provider in an area are not eligible costs under par. (b), or that
10eligible costs are limited to the amount that the selected service provider would have
11charged, if an owner or operator of a petroleum product storage system located in
12that area, or a person owning a home oil tank system located in that area, uses a
13service provider other than the service provider selected by the department to
14perform the services.
AB255, s. 19 15Section 19. 101.143 (4) (d) 1. of the statutes is amended to read:
AB255,12,2316 101.143 (4) (d) 1. The department shall issue an award under this paragraph
17for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or
18after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or
19operator of an underground petroleum product storage tank system and for eligible
20costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the
21owner or operator of an underground petroleum product storage tank system if the
22petroleum product discharge on which the claim is based is confirmed and activities
23under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.
AB255, s. 20 24Section 20. 101.143 (4) (dm) 1. of the statutes is amended to read:
AB255,13,9
1101.143 (4) (dm) 1. The department shall issue an award under this paragraph
2for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and
3before July 1, 1998 December 22, 2001, by the owner or operator of a petroleum
4product storage system that is not an underground petroleum product storage tank
5system and for eligible costs, under par. (b), incurred on or after July 1, 1998
6December 22, 2001, by the owner or operator of a petroleum product storage system
7that is not an underground petroleum product storage tank system if the petroleum
8product discharge on which the claim is based is confirmed and activities under sub.
9(3) (c) or (g) are begun before July 1, 1998 December 22, 2001.
AB255, s. 21 10Section 21. 101.143 (4) (dr) of the statutes is created to read:
AB255,13,2011 101.143 (4) (dr) Deductible in certain cases. If a person is the owner or operator
12of an underground petroleum product storage tank system and a petroleum product
13storage system that is not an underground petroleum product storage tank system,
14both of which have discharged resulting in one occurrence, and if the person is
15eligible for an award under pars. (d) and (dm), the department shall calculate the
16award using the deductible determined under par. (d) 2. if the predominant method
17of petroleum product storage at the site, measured in gallons, is underground
18petroleum product storage tank systems or using the deductible determined under
19par. (dm) 2. if the predominant method of petroleum product storage at the site is not
20underground petroleum product storage tank systems.
AB255, s. 22 21Section 22. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:
AB255,13,2522 101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after July 1,
231998
December 22, 2001, by the owner or operator of a petroleum product storage
24system that is not an underground petroleum product storage system if those costs
25are not reimbursable under par. (dm) 1.
AB255,14,3
1c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22,
22001
, by the owner or operator of an underground petroleum product storage tank
3system if those costs are not reimbursable under par. (d) 1.
AB255, s. 23 4Section 23. 101.143 (4) (g) 7. of the statutes is created to read:
AB255,14,75 101.143 (4) (g) 7. The petroleum product discharge was caused by a person who
6provided services or products to the claimant or to a prior owner or operator of the
7petroleum product storage system or home oil tank system.
AB255, s. 24 8Section 24. 101.143 (4) (h) of the statutes is created to read:
AB255,14,149 101.143 (4) (h) Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.),
10(dm) 2. (intro.), (e) 2. and (em) 2., if a claimant submits a claim that includes ineligible
11costs that are identified under subd. 2., the department shall calculate the award by
12determining the amount that the award would otherwise be under par. (d), (dm), (e)
13or (em) based only on the eligible costs and then by reducing that amount by the
14amount of the ineligible costs identified under subd. 2. that are included in the claim.
AB255,14,1615 2. The department shall promulgate a rule identifying the ineligible costs to
16which subd. 1. applies.
AB255, s. 25 17Section 25. 101.143 (5) (a) of the statutes is renumbered 101.143 (5) (am)
18(intro.) and amended to read:
AB255,14,2119 101.143 (5) (am) Right of action. (intro.) A right of action under this section
20shall accrue to the state against an owner, operator or other person only if the one
21of the following applies:
AB255,14,25 221. The owner, operator or other person submits a fraudulent claim or does not
23meet the requirements under this section and if an award is issued under this section
24to the owner, operator or other person for eligible costs under this section or if
25payment is made to a lender under sub. (4e).
AB255, s. 26
1Section 26. 101.143 (5) (a) of the statutes is created to read:
AB255,15,52 101.143 (5) (a) Sale of remedial equipment or supplies. If a person who received
3an award under this section sells equipment or supplies that were eligible costs for
4which the award was issued, the person shall pay the proceeds of the sale to the
5department. The proceeds shall be paid into the petroleum inspection fund.
AB255, s. 27 6Section 27. 101.143 (5) (am) 2. of the statutes is created to read:
AB255,15,77 101.143 (5) (am) 2. A person fails to make a payment required under par. (a).
AB255, s. 28 8Section 28. 101.143 (5) (b) of the statutes is amended to read:
AB255,15,129 101.143 (5) (b) Action to recover awards. The attorney general shall take action
10as is appropriate to recover awards moneys to which the state is entitled under par.
11(a) (am). The department shall request that the attorney general take action if the
12department discovers a fraudulent claim after an award is issued.
AB255, s. 29 13Section 29. 101.143 (5) (c) of the statutes is amended to read:
AB255,15,1614 101.143 (5) (c) Disposition of funds. If an award is made from the petroleum
15inspection fund, the
The net proceeds of the a recovery under par. (b) shall be paid
16into the petroleum inspection fund.
AB255, s. 30 17Section 30. 101.143 (6m) of the statutes is created to read:
AB255,15,2218 101.143 (6m) Request for hearing. The department shall promulgate rules
19that specify the information that must be provided by a person who requests a
20hearing to contest a determination by the department under this section. The
21department may deny a request for a hearing by a person who fails to submit the
22information required by the rules promulgated under this subsection.
AB255, s. 31 23Section 31 . Initial applicability.
AB255,16,3
1(1) Reduction of petroleum product cleanup awards. The treatment of section
2101.143 (4) (h) 1. of the statutes first applies to claims submitted on the first day of
3the 3rd month beginning after the effective date of this subsection.
AB255, s. 32 4Section 32. Initial applicability.
AB255,16,95 (1) Coverage of aboveground petroleum storage tanks. The treatment of
6section 101.143 (2) (e) (as it relates to coverage of aboveground petroleum storage
7tanks) and (3) (a) (intro.) (as it relates to coverage of aboveground petroleum storage
8tanks), (ah) and (ap) of the statutes first applies to claims submitted for costs
9incurred on the effective date of this subsection.
AB255,16,1210 (2) Petroleum product discharges caused by others. The treatment of section
11101.143 (4) (g) 7. of the statutes first applies to petroleum product discharges caused
12by services or products provided on the day after the effective date of this subsection.
AB255, s. 33 13Section 33. Effective date.
AB255,16,1714 (1) Coverage of aboveground petroleum storage tanks. The treatment of
15section 101.143 (2) (e) (by Section 5 ) and (3) (a) (intro.) (by Section 7 ), (ah) and (ap)
16of the statutes and Section 31 (1) of this act take effect on the first day of the 7th
17month beginning after publication.
AB255,16,1818 (End)
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