Amendment ASA2-AB1089

AB1089-ASA2,17,15 144.442 (9m) (b) 5. (intro.) If sufficient funds are not available to make investigative funding grants to all political subdivisions local governmental units that are eligible for investigative funding grants, the department shall give a higher priority to investigations with the potential of leading to remedial action resulting in all of the following:

AB1089-ASA2, s. 39 Section 39. 144.442 (9m) (b) 6. (intro.) of the statutes is amended to read:

AB1089-ASA2,17,18 144.442 (9m) (b) 6. (intro.) A political subdivision local governmental unit may use the investigative funding grant funds for any of the following:

AB1089-ASA2, s. 40 Section 40. 144.442 (9m) (c) 1. of the statutes is amended to read:

AB1089-ASA2,17,24 144.442 (9m) (c) 1. The department may make remedial action grants from the appropriations under s. 20.866 (2) (tg) to political subdivisions local governmental units for remedial action on any site or facility owned by a political subdivision local governmental unit in which the soil or groundwater is contaminated by environmental pollution.

AB1089-ASA2, s. 41 Section 41. 144.442 (9m) (c) 2. (intro.) of the statutes is amended to read:

AB1089-ASA2,18,4 144.442 (9m) (c) 2. (intro.) The department by rule shall establish the application requirements and grant conditions for a remedial action grant. The department shall require the political subdivision local governmental unit to include in its application all of the following:

AB1089-ASA2, s. 42 Section 42. 144.442 (9m) (c) 2. d. of the statutes is amended to read:

AB1089-ASA2,18,11 144.442 (9m) (c) 2. d. A statement of whether the political subdivision local governmental unit intends to use the cost recovery procedure in s. 144.4422. If the political subdivision local governmental unit indicates in its application that it intends to use the cost recovery procedure in s. 144.4422, the department may not approve the application for a remedial action grant until the political subdivision local governmental unit completes the procedures under s. 144.4422 (2g) and (2r).

AB1089-ASA2, s. 43 Section 43. 144.442 (9m) (c) 4. of the statutes is amended to read:

AB1089-ASA2,18,15 144.442 (9m) (c) 4. The department may not approve the application for a remedial action grant for a site or facility that is not a landfill if the political subdivision local governmental unit caused the environmental pollution.

AB1089-ASA2, s. 44 Section 44. 144.442 (9m) (c) 5. (intro.) of the statutes is amended to read:

AB1089-ASA2,18,19 144.442 (9m) (c) 5. (intro.) The department shall require the political subdivision local governmental unit to do all of the following as a condition of receiving a remedial action grant:

AB1089-ASA2, s. 45 Section 45. 144.442 (9m) (c) 6. of the statutes is amended to read:

AB1089-ASA2,18,24 144.442 (9m) (c) 6. Upon reviewing the application, if the department determines that the political subdivision local governmental unit is eligible to receive a remedial action grant and that funds are available to make a remedial action grant, it shall notify the political subdivision local governmental unit.

AB1089-ASA2, s. 46 Section 46. 144.442 (9m) (c) 7. of the statutes is amended to read:

AB1089-ASA2,19,5 144.442 (9m) (c) 7. A remedial action grant shall equal 25% of the eligible costs of the remedial action. The political subdivision's local governmental unit's share of the costs may include contributions of equipment and labor. No political subdivision local governmental unit may receive more than 35% of the total amount of funds allocated for remedial action grants in any fiscal year.

AB1089-ASA2, s. 47 Section 47. 144.442 (9m) (c) 8. (intro.) of the statutes is amended to read:

AB1089-ASA2,19,10 144.442 (9m) (c) 8. (intro.) If sufficient funds are not available to make remedial action grants to all political subdivisions local governmental units that are eligible for remedial action grants, the department shall give a higher priority to remedial actions that will result in all of the following:

AB1089-ASA2, s. 48 Section 48. 144.442 (9m) (e) of the statutes is amended to read:

AB1089-ASA2,19,15 144.442 (9m) (e) Subrogation. The state is subrogated to the rights of a political subdivision local governmental unit that obtains an award under this section in an amount equal to the award. All moneys recovered under this paragraph shall be credited to the environmental fund for environmental repair.

AB1089-ASA2, s. 49 Section 49. 144.4422 (title) of the statutes is amended to read:

AB1089-ASA2,19,18 144.4422 (title) Political subdivision Local governmental unit negotiation and cost recovery.

AB1089-ASA2, s. 50 Section 50. 144.4422 (1) (bm) of the statutes is created to read:

AB1089-ASA2,19,22 144.4422 (1) (bm) "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431 or a public officer or public body designated by a municipality under s. 66.435 (4).

AB1089-ASA2, s. 51 Section 51. 144.4422 (1) (bm) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 292.35 (1) (bm).

AB1089-ASA2, s. 52 Section 52. 144.4422 (1) (d) of the statutes is repealed.

AB1089-ASA2, s. 53 Section 53. 144.4422 (2) of the statutes is amended to read:

AB1089-ASA2,20,4 144.4422 (2) Applicability. This section only applies to a site or facility if the site or facility is owned by a political subdivision local governmental unit. This section does not apply to a landfill until January 1, 1996.

AB1089-ASA2, s. 54 Section 54. 144.4422 (2g) (a) of the statutes is amended to read:

AB1089-ASA2,20,10 144.4422 (2g) (a) A political subdivision local governmental unit that intends to use the cost recovery procedures in this section shall attempt to identify all responsible parties. All information obtained by the political subdivision local governmental unit regarding responsible parties is a public record and may be inspected and copied under s. 19.35.

AB1089-ASA2, s. 55 Section 55. 144.4422 (2g) (b) (intro.) of the statutes is amended to read:

AB1089-ASA2,20,18 144.4422 (2g) (b) (intro.) Upon the request of an employe or authorized representative of the political subdivision local governmental unit, or pursuant to a special inspection warrant under s. 66.122, any person who generated, transported, treated, stored or disposed of a hazardous substance that may have been disposed of or discharged at the site or facility or who is or was an owner or operator shall provide the employe or authorized representative access to any records or documents in that person's custody, possession or control that relate to all of the following:

AB1089-ASA2, s. 56 Section 56. 144.4422 (2g) (c) of the statutes is amended to read:

AB1089-ASA2,20,23 144.4422 (2g) (c) The political subdivision local governmental unit shall maintain a single repository that is readily accessible to the public for all documents related to responsible parties, the investigation, the remedial action and plans for redevelopment of the property.

AB1089-ASA2, s. 57 Section 57. 144.4422 (2r) (a) of the statutes is amended to read:

AB1089-ASA2,21,2 144.4422 (2r) (a) The political subdivision local governmental unit shall, in consultation with the department, prepare a draft remedial action plan.

AB1089-ASA2, s. 58 Section 58. 144.4422 (2r) (b) of the statutes is amended to read:

AB1089-ASA2,21,16 144.4422 (2r) (b) Upon completion of the draft remedial action plan, the political subdivision local governmental unit shall send written notice to all responsible parties identified by the political subdivision local governmental unit, provide public notice and conduct a public hearing on the draft remedial action plan. The notice to responsible parties shall offer the person receiving the notice an opportunity to provide information regarding the status of that person or any other person as a responsible party, notice and a description of the public hearing and a description of the procedures in this section. At the public hearing, the political subdivision local governmental unit shall solicit testimony on whether the draft remedial action plan is the least costly method of meeting the standards for remedial action promulgated by the department by rule. The political subdivision local governmental unit shall accept written comments for at least 30 days after the close of the public hearing.

AB1089-ASA2, s. 59 Section 59. 144.4422 (2r) (c) of the statutes is amended to read:

AB1089-ASA2,21,23 144.4422 (2r) (c) Upon the conclusion of the period for written comment, the political subdivision local governmental unit shall prepare a preliminary remedial action plan, taking into account the written comments and comments received at the public hearing and shall submit the preliminary remedial action plan to the department for approval. The department may approve the preliminary remedial action plan as submitted or require modifications.

AB1089-ASA2, s. 60 Section 60. 144.4422 (3) (a) (intro.) of the statutes is amended to read:

AB1089-ASA2,22,8 144.4422 (3) (a) (intro.) Upon receiving the department's approval of the preliminary remedial action plan, the political subdivision local governmental unit shall serve an offer to settle regarding the contribution of funds for investigation and remedial action at the site or facility on each of the responsible parties identified by the political subdivision local governmental unit, using the procedure for service of a summons under s. 801.11 and shall notify the department that the offer to settle has been served. The political subdivision local governmental unit shall include in the offer to settle all of the following information:

AB1089-ASA2, s. 61 Section 61. 144.4422 (3) (a) 2. of the statutes is amended to read:

AB1089-ASA2,22,12 144.4422 (3) (a) 2. The names, addresses and contact persons, to the extent known, for all of the responsible parties identified by the political subdivision local governmental unit.

AB1089-ASA2, s. 62 Section 62. 144.4422 (3) (a) 3. of the statutes is amended to read:

AB1089-ASA2,22,16 144.4422 (3) (a) 3. The location and availability of documents that support the claim of the political subdivision local governmental unit against the responsible party.

AB1089-ASA2, s. 63 Section 63. 144.4422 (3) (b) of the statutes is amended to read:

AB1089-ASA2,22,23 144.4422 (3) (b) The department shall maintain a list of competent and disinterested umpires qualified to perform the duties under subs. (4) to (6). None of the umpires may be employes of the department. Upon receiving notice from a political subdivision local governmental unit under par. (a), the secretary or his or her designee shall select an umpire from the list and inform the political subdivision local governmental unit and responsible parties of the person selected.

AB1089-ASA2, s. 64 Section 64. 144.4422 (3) (c) of the statutes is amended to read:

AB1089-ASA2,23,12 144.4422 (3) (c) Within 10 days after receiving notice of the umpire selected by the department under par. (b), the political subdivision local governmental unit may notify the department that the umpire selected is unacceptable. Within 10 days after receiving notice of the umpire selected by the department under par. (b), a responsible party may notify the department that the umpire selected is unacceptable or that the responsible party does not intend to participate in the negotiation. Failure to notify the department that the umpire is unacceptable shall be considered acceptance. If all responsible parties identified by the political subdivision local governmental unit indicate that they do not intend to participate in the negotiation, the department shall inform the political subdivision local governmental unit and the political subdivision local governmental unit shall cease further action under this section.

AB1089-ASA2, s. 65 Section 65. 144.4422 (3) (d) of the statutes is amended to read:

AB1089-ASA2,23,17 144.4422 (3) (d) Upon receiving notice under par. (c) that the selected umpire is unacceptable, the secretary or his or her designee shall select 5 additional umpires from the list and inform the political subdivision local governmental unit and responsible parties of the persons selected.

AB1089-ASA2, s. 66 Section 66. 144.4422 (3) (e) of the statutes is amended to read:

AB1089-ASA2,24,2 144.4422 (3) (e) Within 10 days after receiving notice of the umpires selected by the department under par. (d), the political subdivision local governmental unit or a responsible party may notify the department that one or more of the umpires selected are unacceptable. Failure to notify the department shall be considered acceptance. The secretary or his or her designee shall select an umpire from among those umpires not identified as unacceptable by the political subdivision local governmental unit or a responsible party or, if all umpires are identified as unacceptable, the secretary or his or her designee shall designate a person to be umpire for the negotiation.

AB1089-ASA2, s. 67 Section 67. 144.4422 (4) (a) of the statutes is amended to read:

AB1089-ASA2,24,13 144.4422 (4) (a) The umpire, immediately upon being appointed, shall contact the department, the political subdivision local governmental unit and the responsible parties that received the offer to settle and shall schedule the negotiating sessions. The umpire shall schedule the first negotiating session no later than 20 days after being appointed. The umpire may meet with all parties to the negotiation, individual parties or groups of parties. The umpire shall facilitate a discussion between the political subdivision local governmental unit and the responsible parties to attempt to reach an agreement on the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties.

AB1089-ASA2, s. 68 Section 68. 144.4422 (4) (d) of the statutes is amended to read:

AB1089-ASA2,24,20 144.4422 (4) (d) The political subdivision local governmental unit and the responsible parties that participate in negotiations shall pay for the costs of the umpire, whether or not an agreement among the parties is reached under sub. (5) or the parties accept the recommendation of the umpire under sub. (6). The umpire shall determine an equitable manner of paying for the costs of the umpire, which is binding.

AB1089-ASA2, s. 69 Section 69. 144.4422 (5) of the statutes is amended to read:

AB1089-ASA2,25,4 144.4422 (5) Agreement in negotiation. The political subdivision local governmental unit and any of the responsible parties may enter into any agreement in negotiation regarding the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties for the investigation and remedial action. The portion of the agreement containing the design and implementation of the remedial action plan shall be submitted to the department for approval. The department may approve that portion of the agreement as submitted or require modifications.

AB1089-ASA2, s. 70 Section 70. 144.4422 (6) (a) of the statutes is amended to read:

AB1089-ASA2,25,19 144.4422 (6) (a) If the political subdivision local governmental unit and any responsible parties are unable to reach an agreement under sub. (5) by the end of the period of negotiation, the umpire shall make a recommendation regarding the design and implementation of the remedial action plan and the contribution of funds for investigation and remedial action by the political subdivision local governmental unit and all responsible parties that were identified by the political subdivision local governmental unit and that did not reach an agreement under sub. (5), whether or not the responsible parties participated in negotiations under sub. (4). The umpire shall submit the recommendation to the department for its approval within 20 days after the end of the period of negotiation under sub. (4) (c). The department may approve the recommendation as submitted or require modifications. The umpire shall distribute a copy of the approved recommendation to the political subdivision local governmental unit and all responsible parties identified by the political subdivision local governmental unit.

AB1089-ASA2, s. 71 Section 71. 144.4422 (6) (b) of the statutes is amended to read:

AB1089-ASA2,26,3 144.4422 (6) (b) The political subdivision local governmental unit and the responsible parties that did not reach an agreement under sub. (5) shall accept or reject the umpire's recommendation within 60 days after receiving it. Failure to accept or reject the recommendation within 60 days shall be considered rejection of the recommendation. If the political subdivision local governmental unit rejects the recommendation with respect to any responsible party, the recommendation does not apply to that responsible party. If a responsible party rejects the recommendation, it does not apply to that responsible party.

AB1089-ASA2, s. 72 Section 72. 144.4422 (7) of the statutes is amended to read:

AB1089-ASA2,26,17 144.4422 (7) Responsible parties subject to an agreement or recommendation. A responsible party that enters into an agreement under sub. (5) with a political subdivision local governmental unit or that accepts the umpire's recommendation under sub. (6), if the political subdivision local governmental unit does not reject the recommendation, is required to comply with the agreement or recommendation. When the responsible party has complied with the agreement or recommendation, the responsible party is not liable to the state, including under s. 144.442 (9) or 144.76 (7) (b), or to the political subdivision local governmental unit for any additional costs of the investigation or remedial action; the responsible party is not liable to any other responsible party for contribution to costs incurred by any other responsible party for the investigation or remedial action; and the responsible party is not subject to an order under s. 144.76 (7) (c) for the discharge that is the subject of the agreement or recommendation.

AB1089-ASA2, s. 73 Section 73. 144.4422 (8) (b) (intro.) of the statutes is amended to read:

AB1089-ASA2,26,21 144.4422 (8) (b) (intro.) A political subdivision local governmental unit is entitled to recover litigation expenses and interest on the judgment against a responsible party if any of the following occurs:

AB1089-ASA2, s. 74 Section 74. 144.4422 (8) (b) 1. of the statutes is amended to read:

AB1089-ASA2,27,2 144.4422 (8) (b) 1. The political subdivision local governmental unit accepts the recommendation of an umpire under sub. (6), the responsible party rejects it and the political subdivision local governmental unit recovers a judgment under sub. (9) against that responsible party that equals or exceeds the amount of the umpire's recommendation.

AB1089-ASA2, s. 75 Section 75. 144.4422 (8) (b) 2. of the statutes is amended to read:

AB1089-ASA2,27,9 144.4422 (8) (b) 2. The political subdivision local governmental unit and the responsible party enter into an agreement under sub. (5) or accept the umpire's recommendation under sub. (6), the responsible party does not comply with the requirements of the agreement or recommendation and the political subdivision local governmental unit recovers a judgment against that responsible party based on the agreement or recommendation.

AB1089-ASA2, s. 76 Section 76. 144.4422 (8) (c) of the statutes is amended to read:

AB1089-ASA2,27,19 144.4422 (8) (c) A responsible party is entitled to recover litigation expenses from a political subdivision local governmental unit if the responsible party accepts the recommendation of an umpire under sub. (6), the political subdivision local governmental unit rejects the recommendation of the umpire under sub. (6) with respect to the responsible party, the political subdivision local governmental unit institutes an action under sub. (9) against the responsible party and the political subdivision local governmental unit recovers a judgment under sub. (9) against the responsible party that is equal to or less than the amount of the umpire's recommendation.

AB1089-ASA2, s. 77 Section 77. 144.4422 (9) (b) 1. of the statutes is amended to read:

AB1089-ASA2,28,2 144.4422 (9) (b) 1. Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 144.76 (9m) and (9s), a responsible party is liable for a portion of the costs, as determined under pars. (c) to (e), incurred by a political subdivision local governmental unit for remedial action in an agreement under sub. (5) or a recommendation under sub. (6) and for any related investigation. A right of action shall accrue to a political subdivision local governmental unit against the responsible party for costs listed in this subdivision.

AB1089-ASA2, s. 78 Section 78. 144.76 (9) (e) 2. e. of the statutes is created to read:

AB1089-ASA2,28,7 144.76 (9) (e) 2. e. A failure of the municipality to take action, as directed by the department, with respect to public health, safety or welfare concerns associated with the property, if the municipality proposes to use or develop the property without taking the actions required under sub. (3).

AB1089-ASA2, s. 79 Section 79. 144.76 (9m) (c) 1. d. of the statutes is amended to read:

AB1089-ASA2,29,2 144.76 (9m) (c) 1. d. The lender conducts an environmental assessment of the real property in accordance with subd. 2. at any time, but not more than 90 days after the date the lender acquires title to, or possession or control of, the real property, and files a complete copy of the environmental assessment with the department not more than 180 days after the date the lender acquires title to, or possession or control of, the real property. If the environmental assessment is conducted before the date that the lender acquires title to, or possession or control of, the real property, the lender shall have a visual inspection of the property performed as provided in subd. 2. a. and b. after that date to verify the environmental assessment, and shall submit the results of both the visual inspection and the environmental assessment to the department. If the environmental assessment is conducted more than one year before the date that the lender acquires title to, or possession or control of, the real property, the department shall review the environmental assessment and shall either determine that the environmental assessment is adequate or direct the lender to address any inadequacies in the environmental assessment. The exemption under this subdivision does not apply unless the department determines that the lender has satisfactorily corrected the inadequacies, if any, of an environmental assessment reviewed under this subd. l. d.

AB1089-ASA2, s. 80 Section 80. 144.76 (13) (b) 1. (intro.), a. and b. and 4. and (c) of the statutes are amended to read:

AB1089-ASA2,29,8 144.76 (13) (b) 1. (intro.) Before incurring expenses under this section or s. 144.442 (4), (6) or (8) or 144.77 (4) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:

AB1089-ASA2,29,10 a. A brief description of the property for which the department expects to incur expenses under this section or s. 144.442 (4), (6) or (8) or 144.77 (4).

AB1089-ASA2,29,13 b. A brief description of the types of activities that the department expects may be conducted at the property under this section or s. 144.442 (4), (6) or (8) or 144.77 (4).

AB1089-ASA2,29,16 4. No notice under this paragraph is necessary in circumstances in which entry onto the property without prior notice is authorized under sub. (8) or under s. 144.77 (5).

AB1089-ASA2,29,24 (c) Any expenditures made by the department under this section, under or s. 144.442 (4), (6) or (8) or, subject to s. 144.77 (6) (d), under s. 144.77 (4) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this subsection shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.

AB1089-ASA2, s. 81 Section 81. 144.765 (title) of the statutes is amended to read:

AB1089-ASA2,30,2 144.765 (title) Remediated property; purchaser Voluntary party remediation and exemption from liability.