SCS/HS/HCS/HB 327 - This act will extend the existence of the petroleum storage tank insurance fund from 2003 to 2010 and will allow the Board of Trustees to function to resolve claims made prior to December 31, 2010. Subject to regulation of the Board, the act will allow owners and operators to continue participating in the fund even after they have transferred their property to another person. The act removes the requirement that the Board certify that the petroleum tanks are in compliance with technical standards established by the EPA regarding spill prevention. The act would allow the Board to prioritize claims and expenditures for claims in consultation with DNR. The board must consider evidence provided by DNR as to harm to health or the environment when prioritizing claims.

The method for the Board setting the rate of the surcharge is changed from being set by rule to being set in a public meeting with an opportunity for public comment. The board may adjust the surcharge from $25 to $60, however the amount of increase cannot exceed $10 per year. If the fund's balance exceeds its liabilities by 10 percent on the first day of any month, the surcharge reverts to $25 per load 2 months later. Any person who claim to have paid a surcharge may file a claim for a refund.

Provisions similar to this act are contained in the TAT version of CCS/SS/SCS/HB 453 (2001)
CINDY KADLEC