SB40, s. 2626 Section 2626. 101.143 (4s) of the statutes is created to read:

SB40,1236,3 101.143 (4s) Direct payment of awards. (a) Application. Notwithstanding the requirement in sub. (3) (a) (intro.) that a claim be submitted to reimburse an owner or operator or person owning a home oil tank system for costs that the owner or operator or person incurs and notwithstanding the documentation requirements under sub. (3) (f), the department may authorize an owner or operator or a person owning a home oil tank system to submit a claim to the department for an award to be paid by the department directly to consultants and contractors with whom the department contracts to conduct an investigation to determine the extent of environmental damage caused by a petroleum products discharge from a petroleum product storage system or home oil tank system, prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted, and conduct remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system.

SB40,1236,11 (b) Approval of application. If the department determines that an owner or operator or person owning a home oil tank system who submits a claim under par. (a) is eligible under this section, the department may approve the claim; contract with consultants and contractors to conduct the investigation, prepare the remedial action plan, and conduct remedial action activities; and pay the award to the service providers in amounts determined under sub. (4), subject to par. (c). If the department approves a claim under this paragraph, the requirements in sub. (3) (a) 6. to 9. apply to the consultants and contractors, rather than the claimant.

SB40,1236,13 (c) Exclusion from eligible costs. Eligible costs for an award under par. (b) do not include the costs specified in sub. (4) (b) 15.

SB40, s. 2627 Section 2627. 101.143 (9) (b) of the statutes is amended to read:

SB40,1236,18 101.143 (9) (b) The department may inspect any document in the possession of an owner or operator, person owning a home oil tank system or service provider or any other person if the document is relevant to a claim for reimbursement payment under this section.

SB40, s. 2628 Section 2628. 101.143 (9m) (e) of the statutes is amended to read:

SB40,1236,25 101.143 (9m) (e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40, s. 2629 Section 2629. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB40,1237,11 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $436,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40, s. 2630 Section 2630. 101.143 (10) (a) of the statutes is amended to read:

SB40,1237,16 101.143 (10) (a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a) may be required to forfeit not more than $2,000 $5,000. Each day of continued violation constitutes a separate offense.

SB40, s. 2631 Section 2631. 101.143 (10) (b) of the statutes is amended to read:

SB40,1237,20 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement payment under this section is guilty of a Class G felony.

SB40, s. 2632 Section 2632. 101.143 (11) (e) of the statutes is amended to read:

SB40,1237,24 101.143 (11) (e) The charges by service providers other than engineering consultants for services for which reimbursement payment is provided under this section, including excavating, hauling, laboratory testing and landfill disposal.

SB40, s. 2633 Section 2633. 101.1435 of the statutes is created to read:

SB40,1238,3 101.1435 Removal and closure of underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).

SB40,1238,7 (2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system that has not been properly closed and to backfill the excavation if any of the following applies:

SB40,1238,9 (a) The department is unable to identify the owner of, or other person responsible for, the underground petroleum product storage tank system.

SB40,1238,14 (b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.

SB40,1238,17 (c) The department determines that the owner of the underground petroleum product storage tank system is unwilling to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.

SB40,1238,20 (3) The department shall pay the costs incurred under sub. (2) from the appropriation under s. 20.143 (3) (v). The department may not pay more than $250,000 annually under this section.

SB40,1239,3 (4) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.

SB40, s. 2634 Section 2634. 101.177 (1) (d) of the statutes is amended to read:

SB40,1239,13 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law , that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, and the Healthy Wisconsin Authority, but excluding the Health Insurance Risk-Sharing Plan Authority.

SB40, s. 2635 Section 2635. 101.654 (1m) (e) of the statutes is amended to read:

SB40,1239,18 101.654 (1m) (e) The continuing education approved by the department under par. (b) 1. shall include courses offered by private organizations with whom the department contracts under s. 101.657. The department may approve courses that are offered by other states.

SB40, s. 2636 Section 2636. 101.657 (title) of the statutes is amended to read: