AB861,9,2019 12. Costs in excess of maximum reimbursable costs established by the
20department under sub. (3) (cp) 3. a., (cs) 2. a. or (cw) 2. a. or (4s) (b) 1.
AB861, s. 12 21Section 12. 101.143 (4) (cm) of the statutes is amended to read:
AB861,9,2522 101.143 (4) (cm) Usual and customary costs. The department may shall
23establish a schedule of usual and customary costs for any some or all of the items
24under par. (b) and may use that schedule to determine the amount of a claimant's
25eligible costs.
AB861, s. 13
1Section 13. 101.143 (4s) of the statutes is created to read:
AB861,10,62 101.143 (4s) Remedial action review. (a) The department of commerce or the
3department of natural resources may review remedial actions being conducted for
4which claims have been or will be filed under sub. (3) to determine the efficacy and
5cost-effectiveness of the remedial action and to determine whether ineligible costs
6are being incurred.
AB861,10,87 (b) Following a review under par. (a) of a remedial action, the department of
8commerce may do one or more of the following:
AB861,10,109 1. Establish a maximum reimbursable cost for the remedial action if the
10department has not already done so.
AB861,10,1311 2. Require the owner or operator or person owning a home oil tank system to
12use specified service providers or to conduct the remainder of the remedial action in
13conjunction with the remedial action for another discharge.
AB861,10,1514 3. Require the owner or operator or person owning a home oil tank system
15develop and implement a revised remedial action plan.
AB861,10,2216 (c) The department may not reimburse an owner or operator or person owning
17a home oil tank system for any costs incurred in connection with a discharge after
18the owner or operator or person owning a home oil tank system, or the consultant
19retained by the owner or operator or person owning a home oil tank system, fails to
20provide information needed for a review under par. (a) or for any costs incurred after
21the owner or operator or person owning a home oil tank system fails to comply with
22requirements imposed under par. (b) 2. or 3.
AB861, s. 14 23Section 14. 101.143 (11) of the statutes is created to read:
AB861,11,3
1101.143 (11) Revenue obligations. Awards under sub. (4) may be funded with
2the proceeds of revenue obligations issued subject to and in accordance with subch.
3II of ch. 18.
AB861,11,64 (b) The department may, under s. 18.56 (5), direct the department of revenue
5to deposit in a separate fund in the state treasury revenues derived under s. 168.12
6(1).
AB861,11,137 (c) The building commission may pledge revenues received or to be received in
8the fund established in par. (b) to secure revenue obligations issued under this
9subsection. The pledge shall provide for the transfer to the petroleum inspection
10fund of all pledged revenues, including any interest earned on the revenues, that are
11in excess of the amounts required to be paid under s. 20.143 (3) (s). The pledge shall
12provide that the transfers be made at least quarterly and that the transferred
13amounts are free of any prior pledge.
AB861,11,1614 (d) The department shall have all other powers necessary and convenient to
15distribute the pledged revenues and to distribute the proceeds of the revenue
16obligations in accordance with subch. II of ch. 18.
AB861,11,2017 (e) The department may enter into agreements with the federal government
18or its agencies, political subdivisions of this state or private individuals or entities
19to insure or in any other manner provide additional security for the revenue
20obligations issued under this subsection.
AB861,12,1221 (f) Revenue obligations may be contracted by the building commission when it
22reasonably appears to the building commission that all obligations incurred under
23this subsection can be fully paid from moneys received or anticipated and pledged to
24be received on a timely basis. If the building commission proposes to contract
25revenue obligations under this subsection, the building commission shall notify the

1joint committee on finance in writing of the proposed action. If the cochairpersons
2of the committee do not notify the building commission that the committee has
3scheduled a meeting for the purpose of reviewing the proposed action within 14
4working days after the date of the building commission's notification, the building
5commission may contract the revenue obligations as proposed. If, within 14 working
6days after the date of the building commission's notification, the cochairpersons of
7the committee notify the building commission that the committee has scheduled a
8meeting for the purpose of reviewing the proposed action, the building commission
9may contract the revenue obligations only upon the approval of the committee.
10Revenue obligations issued under this subsection shall not exceed $400,000,000 in
11principal amount, excluding obligations issued to refund outstanding revenue
12obligations.
AB861,12,1713 (g) Unless otherwise expressly provided in resolutions authorizing the
14issuance of revenue obligations or in other agreements with the holders of revenue
15obligations, each issue of revenue obligations under this subsection shall be on a
16parity with every other revenue obligation issued under this subsection and in
17accordance with subch. II of ch. 18.
AB861, s. 15 18Section 15. 101.144 (1) (aq) of the statutes is created to read:
AB861,12,2119 101.144 (1) (aq) "High priority site" means the site of a discharge of a petroleum
20product from a petroleum storage tank if at least one of the high priority factors in
21s. 101.143 (3) (cp) 1. a. to d. exists.
AB861, s. 16 22Section 16. 101.144 (1) (av) of the statutes is created to read:
AB861,12,2423 101.144 (1) (av) "Low priority site" means the site of a discharge of a petroleum
24product from a petroleum storage tank that is not a high priority site.
AB861, s. 17 25Section 17. 101.144 (2) (b) 1. of the statutes is amended to read:
AB861,13,3
1101.144 (2) (b) 1. The site of the discharge is classified, as provided under sub.
2(3m) (a) 3., as medium priority or a low priority, based on the threat that the
3discharge poses to public health, safety and welfare and to the environment
site.
AB861, s. 18 4Section 18. 101.144 (3m) (a) 3. of the statutes is amended to read:
AB861,13,105 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for
6determining whether the site of a discharge of a petroleum product from a petroleum
7storage tank is classified as a high priority, medium priority site or a low priority site,
8including a procedure for reclassifying a high priority site to be a low priority site if
9the high priority factors in s. 101.143 (3) (cp) 1. a. to d. are eliminated and sub. (2)
10(b) 2. does not apply to the site
.
AB861, s. 19 11Section 19. Initial applicability.
AB861,13,1412 (1) Characterization of discharges. The treatment of section 101.143 (3) (cp),
13(cs) and (cw) of the statutes first applies to remedial actions that are begun on the
14effective date of this subsection.
AB861, s. 20 15Section 20. Effective date.
AB861,13,1716 (1) This act takes effect on the first day of the 4th month beginning after
17publication.
AB861,13,1818 (End)
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