AB861: Bill Text

AB861, s. 1 Section 1. 20.143 (3) (5) of the statutes is created to read:

AB861,4,2 20.143 (3) (5) Petroleum storage environmental remedial action revenue obligation repayment. From the fund created under s. 101.143 (11) (b), all moneys received by the fund and not transferred under s. 101.143 (11) (c) to the petroleum inspection 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 s. 101.143 (11). All moneys received 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.

AB861, s. 2 Section 2. 20.143 (3) (t) of the statutes is created to read:

AB861,4,10 20.143 (3) (t) Petroleum storage environmental remedial action revenue obligation funding. As a continuing appropriation, all proceeds from revenue obligations issued under s. 101.143 (11) and deposited into the fund in the state treasury created under s. 18.57 (1), for paying awards under s. 101.143 (4), providing for reserves and for expenses of issuance and management of the revenue obligations. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB861, s. 3 Section 3. 25.47 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB861,4,18 25.47 Petroleum inspection fund. There is established a separate nonlapsible trust fund designated as the petroleum inspection fund, to consist of the fees imposed any revenues derived under s. 168.12 (1) that are not pledged to the fund created under s. 101.143 (11) (b), the moneys transferred under s. 101.143 (11) (c), the payments under s. 101.143 (4) (h) 1m., the payments under s. 101.143 (5) (a) and the net recoveries under s. 101.143 (5) (c).

AB861, s. 4 Section 4. 101.143 (1) (cq) of the statutes is created to read:

AB861,4,22 101.143 (1) (cq) "Natural attenuation" means the reduction in the mass and concentration of a substance due to naturally occurring physical, chemical and biological processes.

AB861, s. 5 Section 5. 101.143 (3) (cm) of the statutes is amended to read:

AB861,5,4 101.143 (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.

AB861, s. 6 Section 6. 101.143 (3) (cp) of the statutes is created to read:

AB861,5,8 101.143 (3) (cp) Sites with high priority factors. 1. This paragraph applies if at least one of the following high priority factors exists in connection with a petroleum product discharge:

AB861,5,9 a. The site investigation documents that the contaminant mass is moving.

AB861,5,12 b. Repeated tests show that the discharge has resulted in a concentration of contaminants in a private or public potable well that exceeds the preventive action limits established under s. 160.15.

AB861,5,13 c. Soil contamination exists within one meter of bedrock.

AB861,5,16 d. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements from quarterly or semiannual monitoring.

AB861,5,22 2. Except as provided in par. (cw), if a site has a high priority factor, the owner or operator or person owning a home oil tank system shall complete an analysis of alternative remedial actions designed to eliminate the risk factor and address the contamination caused by the discharge. The analysis shall include estimates of the costs of implementing each alternative. The owner or operator or person owning a home oil tank system shall submit the analysis to the department.

AB861,5,24 3. When the department receives an analysis under subd. 2., the department may do one of the following:

AB861,6,3 a. Require the owner or operator or person owning a home oil tank system to implement one of the remedial action alternatives and establish a maximum reimbursable cost for the remedial action.

AB861,6,6 b. Require the owner or operator or person owning a home oil tank system to use specified service providers or to conduct the remedial action in conjunction with the remedial action for another discharge.

AB861,6,8 c. Require the owner or operator or person owning a home oil tank system to use a competitive public bidding process to select service providers.

AB861, s. 7 Section 7. 101.143 (3) (cs) of the statutes is created to read:

AB861,6,14 101.143 (3) (cs) Sites without high priority factors. 1. Except as provided in par. (cw), if no high priority factor specified in par. (cp) 1. exists in connection with a petroleum product discharge, the owner or operator or person owning a home oil tank system shall submit a proposal, including estimated costs, to the department for remedial action using one or more of the following:

AB861,6,15 a. Control of the source of contamination using excavation.

AB861,6,16 b. Verification of the effectiveness of natural attenuation.

AB861,6,17 c. Monitoring.

AB861,6,18 d. Deed restrictions or other restrictions on the use of or access to the site.

AB861,6,20 2. When the department receives a proposal under subd. 1., the department may do one of the following:

AB861,6,22 a. Approve the proposal and establish a maximum reimbursable cost for the remedial action.

AB861,6,25 b. Require the owner or operator or person owning a home oil tank system to develop and implement a remedial action proposal that uses measures other than those specified in subd. 1. a. to d.

AB861,7,3 c. Require the owner or operator or person owning a home oil tank system to use specified service providers or to conduct the remedial action in conjunction with the remedial action for another discharge.

AB861,7,5 d. Require the owner or operator or person owning a home oil tank system to use a competitive public bidding process to select service providers.

AB861, s. 8 Section 8. 101.143 (3) (cw) of the statutes is created to read:

AB861,7,18 101.143 (3) (cw) Low-cost sites. 1. If an owner or operator or person owning a home oil tank system believes that a site investigation, remedial action plan and remedial action, to the point at which the department of natural resources or the department of commerce determines, based on available information, that no further remedial action is necessary, can be completed for $80,000 or less, excluding interest costs, the owner or operator or person owning a home oil tank system may attempt to complete the site investigation, remedial action plan and remedial action for $80,000 or less. The owner or operator or person owning a home oil tank system shall inform the department of the intent to proceed under this subdivision before beginning the remedial action. Paragraphs (cp) 2. and 3. and (cs) 1. and 2. do not apply if the owner or operator or person owning a home oil tank system proceeds under this subdivision.

AB861,7,25 2. If an owner or operator or person owning a home oil tank system proceeds under subd. 1. and it appears that the remedial action cannot be completed, to the point at which the department of natural resources or the department of commerce determines, based on available information, that no further remedial action is necessary $80,000 or less, all work on the site must be stopped and the department notified as soon as possible. After reviewing the situation, the department may do one of the following:

AB861,8,3 a. Authorize the owner or operator or person owning a home oil tank system to continue with the remedial action and establish a maximum reimbursable cost for the remedial action.

AB861,8,5 b. Require the owner or operator or person owning a home oil tank system to develop remedial action alternatives and implement one of the alternatives.

AB861,8,9 c. Require the owner or operator or person owning a home oil tank system to use specified service providers to complete the remedial action or to conduct the remainder of the remedial action in conjunction with the remedial action for another discharge.

AB861,8,12 d. Require the owner or operator or person owning a home oil tank system to use a competitive public bidding process to select service providers for the remainder of the remedial action.

AB861,8,18 3. If an owner or operator or person owning a home oil tank system proceeding under subd. 1. uses a consultant, the consultant shall indemnify the owner or operator or person owning a home oil tank system for any costs of the remedial action that the department determines to be ineligible. The consultant shall provide a bond or a letter of credit in favor of the owner or operator or person owning a home oil tank system in an amount sufficient to cover those costs.

AB861,9,2 4. If a consultant fails to provide a bond or letter of credit under subd. 3., the department may summarily prohibit the consultant from acting as a consultant for projects for which claims will be filed under this section. If a consultant repeatedly fails to complete projects that proceed under subd. 1., to the point at which the department of natural resources or the department of commerce determines, based on available information, that no further remedial action is necessary, for $80,000 or less, the department may prohibit the consultant from acting as a consultant for projects for which claims will be filed under this section or may prohibit the consultant from acting as a consultant for projects that proceed under subd. 1.

AB861, s. 9 Section 9. 101.143 (4) (a) 9. of the statutes is created to read:

AB861,9,9 101.143 (4) (a) 9. The department may give priority to paying an award for a claim if the department of natural resources or the department of commerce has determined, based on available information, that no further remedial action is necessary with respect to the petroleum product discharge or has approved the use of natural attenuation with long-term monitoring and eligible costs do not exceed $80,000.

AB861, s. 10 Section 10. 101.143 (4) (b) (intro.) of the statutes is amended to read:

AB861,9,14 101.143 (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:

AB861, s. 11 Section 11. 101.143 (4) (c) 11. and 12. of the statutes are created to read:

AB861,9,18 101.143 (4) (c) 11. Costs of excavating soils if the level of contamination in the soils is less than numerical residual contaminant levels approved by the department of natural resources or the department of commerce.

AB861,9,20 12. Costs in excess of maximum reimbursable costs established by the department under sub. (3) (cp) 3. a., (cs) 2. a. or (cw) 2. a. or (4s) (b) 1.

AB861, s. 12 Section 12. 101.143 (4) (cm) of the statutes is amended to read:

AB861,9,25 101.143 (4) (cm) Usual and customary costs. The department may shall establish a schedule of usual and customary costs for any some or all of the items under par. (b) and may use that schedule to determine the amount of a claimant's eligible costs.

AB861, s. 13 Section 13. 101.143 (4s) of the statutes is created to read:

AB861,10,6 101.143 (4s) Remedial action review. (a) The department of commerce or the department of natural resources may review remedial actions being conducted for which claims have been or will be filed under sub. (3) to determine the efficacy and cost-effectiveness of the remedial action and to determine whether ineligible costs are being incurred.

AB861,10,8 (b) Following a review under par. (a) of a remedial action, the department of commerce may do one or more of the following:

AB861,10,10 1. Establish a maximum reimbursable cost for the remedial action if the department has not already done so.

AB861,10,13 2. Require the owner or operator or person owning a home oil tank system to use specified service providers or to conduct the remainder of the remedial action in conjunction with the remedial action for another discharge.

AB861,10,15 3. Require the owner or operator or person owning a home oil tank system develop and implement a revised remedial action plan.

AB861,10,22 (c) The department may not reimburse an owner or operator or person owning a home oil tank system for any costs incurred in connection with a discharge after the owner or operator or person owning a home oil tank system, or the consultant retained by the owner or operator or person owning a home oil tank system, fails to provide information needed for a review under par. (a) or for any costs incurred after the owner or operator or person owning a home oil tank system fails to comply with requirements imposed under par. (b) 2. or 3.

AB861, s. 14 Section 14. 101.143 (11) of the statutes is created to read:

AB861,11,3 101.143 (11) Revenue obligations. Awards under sub. (4) may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.

AB861,11,6 (b) The department may, under s. 18.56 (5), direct the department of revenue to deposit in a separate fund in the state treasury revenues derived under s. 168.12 (1).

AB861,11,13 (c) The building commission may pledge revenues received or to be received in the fund established in par. (b) to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the petroleum inspection fund of all pledged revenues, including any interest earned on the revenues, that are in excess of the amounts required to be paid under s. 20.143 (3) (s). The pledge shall provide that the transfers be made at least quarterly and that the transferred amounts are free of any prior pledge.

AB861,11,16 (d) The department shall have all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18.

AB861,11,20 (e) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state or private individuals or entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.

AB861,12,12 (f) 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 from moneys received or anticipated and pledged to be received on a timely basis. If the building commission proposes to contract revenue obligations under this subsection, the building commission shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the building commission that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date of the building commission's notification, the building commission may contract the revenue obligations as proposed. If, within 14 working days after the date of the building commission's notification, the cochairpersons of the committee notify the building commission that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the building commission may contract the revenue obligations only upon the approval of the committee. Revenue obligations issued under this subsection shall not exceed $400,000,000 in principal amount, excluding obligations issued to refund outstanding revenue obligations.

AB861,12,17 (g) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders 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.

AB861, s. 15 Section 15. 101.144 (1) (aq) of the statutes is created to read:

AB861,12,21 101.144 (1) (aq) "High priority site" means the site of a discharge of a petroleum product from a petroleum storage tank if at least one of the high priority factors in s. 101.143 (3) (cp) 1. a. to d. exists.

AB861, s. 16 Section 16. 101.144 (1) (av) of the statutes is created to read:

AB861,12,24 101.144 (1) (av) "Low priority site" means the site of a discharge of a petroleum product from a petroleum storage tank that is not a high priority site.

AB861, s. 17 Section 17. 101.144 (2) (b) 1. of the statutes is amended to read:

AB861,13,3 101.144 (2) (b) 1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium priority or a low priority, based on the threat that the discharge poses to public health, safety and welfare and to the environment site.

AB861, s. 18 Section 18. 101.144 (3m) (a) 3. of the statutes is amended to read:

AB861,13,10 101.144 (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 a high priority, medium priority site or a low priority site, including a procedure for reclassifying a high priority site to be a low priority site if the high priority factors in s. 101.143 (3) (cp) 1. a. to d. are eliminated and sub. (2) (b) 2. does not apply to the site.

AB861, s. 19 Section 19. Initial applicability.

AB861,13,14 (1) Characterization of discharges. The treatment of section 101.143 (3) (cp), (cs) and (cw) of the statutes first applies to remedial actions that are begun on the effective date of this subsection.

AB861, s. 20 Section 20. Effective date.

AB861,13,17 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB861,13,18 (End)