AB1089-ASA2, s. 39 16Section 39. 144.442 (9m) (b) 6. (intro.) of the statutes is amended to read:
AB1089-ASA2,17,1817 144.442 (9m) (b) 6. (intro.) A political subdivision local governmental unit may
18use the investigative funding grant funds for any of the following:
AB1089-ASA2, s. 40 19Section 40. 144.442 (9m) (c) 1. of the statutes is amended to read:
AB1089-ASA2,17,2420 144.442 (9m) (c) 1. The department may make remedial action grants from the
21appropriations under s. 20.866 (2) (tg) to political subdivisions local governmental
22units
for remedial action on any site or facility owned by a political subdivision local
23governmental unit
in which the soil or groundwater is contaminated by
24environmental pollution.
AB1089-ASA2, s. 41 25Section 41. 144.442 (9m) (c) 2. (intro.) of the statutes is amended to read:
AB1089-ASA2,18,4
1144.442 (9m) (c) 2. (intro.) The department by rule shall establish the
2application requirements and grant conditions for a remedial action grant. The
3department shall require the political subdivision local governmental unit to include
4in its application all of the following:
AB1089-ASA2, s. 42 5Section 42. 144.442 (9m) (c) 2. d. of the statutes is amended to read:
AB1089-ASA2,18,116 144.442 (9m) (c) 2. d. A statement of whether the political subdivision local
7governmental unit
intends to use the cost recovery procedure in s. 144.4422. If the
8political subdivision local governmental unit indicates in its application that it
9intends to use the cost recovery procedure in s. 144.4422, the department may not
10approve the application for a remedial action grant until the political subdivision
11local governmental unit completes the procedures under s. 144.4422 (2g) and (2r).
AB1089-ASA2, s. 43 12Section 43. 144.442 (9m) (c) 4. of the statutes is amended to read:
AB1089-ASA2,18,1513 144.442 (9m) (c) 4. The department may not approve the application for a
14remedial action grant for a site or facility that is not a landfill if the political
15subdivision
local governmental unit caused the environmental pollution.
AB1089-ASA2, s. 44 16Section 44. 144.442 (9m) (c) 5. (intro.) of the statutes is amended to read:
AB1089-ASA2,18,1917 144.442 (9m) (c) 5. (intro.) The department shall require the political
18subdivision
local governmental unit to do all of the following as a condition of
19receiving a remedial action grant:
AB1089-ASA2, s. 45 20Section 45. 144.442 (9m) (c) 6. of the statutes is amended to read:
AB1089-ASA2,18,2421 144.442 (9m) (c) 6. Upon reviewing the application, if the department
22determines that the political subdivision local governmental unit is eligible to
23receive a remedial action grant and that funds are available to make a remedial
24action grant, it shall notify the political subdivision local governmental unit.
AB1089-ASA2, s. 46 25Section 46. 144.442 (9m) (c) 7. of the statutes is amended to read:
AB1089-ASA2,19,5
1144.442 (9m) (c) 7. A remedial action grant shall equal 25% of the eligible costs
2of the remedial action. The political subdivision's local governmental unit's share of
3the costs may include contributions of equipment and labor. No political subdivision
4local governmental unit may receive more than 35% of the total amount of funds
5allocated for remedial action grants in any fiscal year.
AB1089-ASA2, s. 47 6Section 47. 144.442 (9m) (c) 8. (intro.) of the statutes is amended to read:
AB1089-ASA2,19,107 144.442 (9m) (c) 8. (intro.) If sufficient funds are not available to make
8remedial action grants to all political subdivisions local governmental units that are
9eligible for remedial action grants, the department shall give a higher priority to
10remedial actions that will result in all of the following:
AB1089-ASA2, s. 48 11Section 48. 144.442 (9m) (e) of the statutes is amended to read:
AB1089-ASA2,19,1512 144.442 (9m) (e) Subrogation. The state is subrogated to the rights of a
13political subdivision local governmental unit that obtains an award under this
14section in an amount equal to the award. All moneys recovered under this paragraph
15shall be credited to the environmental fund for environmental repair.
AB1089-ASA2, s. 49 16Section 49. 144.4422 (title) of the statutes is amended to read:
AB1089-ASA2,19,18 17144.4422 (title) Political subdivision Local governmental unit
18negotiation and cost recovery.
AB1089-ASA2, s. 50 19Section 50. 144.4422 (1) (bm) of the statutes is created to read:
AB1089-ASA2,19,2220 144.4422 (1) (bm) "Local governmental unit" means a municipality, a
21redevelopment authority created under s. 66.431 or a public officer or public body
22designated by a municipality under s. 66.435 (4).
AB1089-ASA2, s. 51 23Section 51. 144.4422 (1) (bm) of the statutes, as created by 1995 Wisconsin Act
24.... (this act), is renumbered 292.35 (1) (bm).
AB1089-ASA2, s. 52 25Section 52. 144.4422 (1) (d) of the statutes is repealed.
AB1089-ASA2, s. 53
1Section 53. 144.4422 (2) of the statutes is amended to read:
AB1089-ASA2,20,42 144.4422 (2) Applicability. This section only applies to a site or facility if the
3site or facility is owned by a political subdivision local governmental unit. This
4section does not apply to a landfill until January 1, 1996.
AB1089-ASA2, s. 54 5Section 54. 144.4422 (2g) (a) of the statutes is amended to read:
AB1089-ASA2,20,106 144.4422 (2g) (a) A political subdivision local governmental unit that intends
7to use the cost recovery procedures in this section shall attempt to identify all
8responsible parties. All information obtained by the political subdivision local
9governmental unit
regarding responsible parties is a public record and may be
10inspected and copied under s. 19.35.
AB1089-ASA2, s. 55 11Section 55. 144.4422 (2g) (b) (intro.) of the statutes is amended to read:
AB1089-ASA2,20,1812 144.4422 (2g) (b) (intro.) Upon the request of an employe or authorized
13representative of the political subdivision local governmental unit, or pursuant to a
14special inspection warrant under s. 66.122, any person who generated, transported,
15treated, stored or disposed of a hazardous substance that may have been disposed
16of or discharged at the site or facility or who is or was an owner or operator shall
17provide the employe or authorized representative access to any records or documents
18in that person's custody, possession or control that relate to all of the following:
AB1089-ASA2, s. 56 19Section 56. 144.4422 (2g) (c) of the statutes is amended to read:
AB1089-ASA2,20,2320 144.4422 (2g) (c) The political subdivision local governmental unit shall
21maintain a single repository that is readily accessible to the public for all documents
22related to responsible parties, the investigation, the remedial action and plans for
23redevelopment of the property.
AB1089-ASA2, s. 57 24Section 57. 144.4422 (2r) (a) of the statutes is amended to read:
AB1089-ASA2,21,2
1144.4422 (2r) (a) The political subdivision local governmental unit shall, in
2consultation with the department, prepare a draft remedial action plan.
AB1089-ASA2, s. 58 3Section 58. 144.4422 (2r) (b) of the statutes is amended to read:
AB1089-ASA2,21,164 144.4422 (2r) (b) Upon completion of the draft remedial action plan, the
5political subdivision local governmental unit shall send written notice to all
6responsible parties identified by the political subdivision local governmental unit,
7provide public notice and conduct a public hearing on the draft remedial action plan.
8The notice to responsible parties shall offer the person receiving the notice an
9opportunity to provide information regarding the status of that person or any other
10person as a responsible party, notice and a description of the public hearing and a
11description of the procedures in this section. At the public hearing, the political
12subdivision
local governmental unit shall solicit testimony on whether the draft
13remedial action plan is the least costly method of meeting the standards for remedial
14action promulgated by the department by rule. The political subdivision local
15governmental unit
shall accept written comments for at least 30 days after the close
16of the public hearing.
AB1089-ASA2, s. 59 17Section 59. 144.4422 (2r) (c) of the statutes is amended to read:
AB1089-ASA2,21,2318 144.4422 (2r) (c) Upon the conclusion of the period for written comment, the
19political subdivision local governmental unit shall prepare a preliminary remedial
20action plan, taking into account the written comments and comments received at the
21public hearing and shall submit the preliminary remedial action plan to the
22department for approval. The department may approve the preliminary remedial
23action plan as submitted or require modifications.
AB1089-ASA2, s. 60 24Section 60. 144.4422 (3) (a) (intro.) of the statutes is amended to read:
AB1089-ASA2,22,8
1144.4422 (3) (a) (intro.) Upon receiving the department's approval of the
2preliminary remedial action plan, the political subdivision local governmental unit
3shall serve an offer to settle regarding the contribution of funds for investigation and
4remedial action at the site or facility on each of the responsible parties identified by
5the political subdivision local governmental unit, using the procedure for service of
6a summons under s. 801.11 and shall notify the department that the offer to settle
7has been served. The political subdivision local governmental unit shall include in
8the offer to settle all of the following information:
AB1089-ASA2, s. 61 9Section 61. 144.4422 (3) (a) 2. of the statutes is amended to read:
AB1089-ASA2,22,1210 144.4422 (3) (a) 2. The names, addresses and contact persons, to the extent
11known, for all of the responsible parties identified by the political subdivision local
12governmental unit
.
AB1089-ASA2, s. 62 13Section 62. 144.4422 (3) (a) 3. of the statutes is amended to read:
AB1089-ASA2,22,1614 144.4422 (3) (a) 3. The location and availability of documents that support the
15claim of the political subdivision local governmental unit against the responsible
16party.
AB1089-ASA2, s. 63 17Section 63. 144.4422 (3) (b) of the statutes is amended to read:
AB1089-ASA2,22,2318 144.4422 (3) (b) The department shall maintain a list of competent and
19disinterested umpires qualified to perform the duties under subs. (4) to (6). None of
20the umpires may be employes of the department. Upon receiving notice from a
21political subdivision local governmental unit under par. (a), the secretary or his or
22her designee shall select an umpire from the list and inform the political subdivision
23local governmental unit and responsible parties of the person selected.
AB1089-ASA2, s. 64 24Section 64. 144.4422 (3) (c) of the statutes is amended to read:
AB1089-ASA2,23,12
1144.4422 (3) (c) Within 10 days after receiving notice of the umpire selected by
2the department under par. (b), the political subdivision local governmental unit may
3notify the department that the umpire selected is unacceptable. Within 10 days after
4receiving notice of the umpire selected by the department under par. (b), a
5responsible party may notify the department that the umpire selected is
6unacceptable or that the responsible party does not intend to participate in the
7negotiation. Failure to notify the department that the umpire is unacceptable shall
8be considered acceptance. If all responsible parties identified by the political
9subdivision
local governmental unit indicate that they do not intend to participate
10in the negotiation, the department shall inform the political subdivision local
11governmental unit
and the political subdivision local governmental unit shall cease
12further action under this section.
AB1089-ASA2, s. 65 13Section 65. 144.4422 (3) (d) of the statutes is amended to read:
AB1089-ASA2,23,1714 144.4422 (3) (d) Upon receiving notice under par. (c) that the selected umpire
15is unacceptable, the secretary or his or her designee shall select 5 additional umpires
16from the list and inform the political subdivision local governmental unit and
17responsible parties of the persons selected.
AB1089-ASA2, s. 66 18Section 66. 144.4422 (3) (e) of the statutes is amended to read:
AB1089-ASA2,24,219 144.4422 (3) (e) Within 10 days after receiving notice of the umpires selected
20by the department under par. (d), the political subdivision local governmental unit
21or a responsible party may notify the department that one or more of the umpires
22selected are unacceptable. Failure to notify the department shall be considered
23acceptance. The secretary or his or her designee shall select an umpire from among
24those umpires not identified as unacceptable by the political subdivision local
25governmental unit
or a responsible party or, if all umpires are identified as

1unacceptable, the secretary or his or her designee shall designate a person to be
2umpire for the negotiation.
AB1089-ASA2, s. 67 3Section 67. 144.4422 (4) (a) of the statutes is amended to read:
AB1089-ASA2,24,134 144.4422 (4) (a) The umpire, immediately upon being appointed, shall contact
5the department, the political subdivision local governmental unit and the
6responsible parties that received the offer to settle and shall schedule the negotiating
7sessions. The umpire shall schedule the first negotiating session no later than 20
8days after being appointed. The umpire may meet with all parties to the negotiation,
9individual parties or groups of parties. The umpire shall facilitate a discussion
10between the political subdivision local governmental unit and the responsible
11parties to attempt to reach an agreement on the design and implementation of the
12remedial action plan and the contribution of funds by the political subdivision local
13governmental unit
and responsible parties.
AB1089-ASA2, s. 68 14Section 68. 144.4422 (4) (d) of the statutes is amended to read:
AB1089-ASA2,24,2015 144.4422 (4) (d) The political subdivision local governmental unit and the
16responsible parties that participate in negotiations shall pay for the costs of the
17umpire, whether or not an agreement among the parties is reached under sub. (5) or
18the parties accept the recommendation of the umpire under sub. (6). The umpire
19shall determine an equitable manner of paying for the costs of the umpire, which is
20binding.
AB1089-ASA2, s. 69 21Section 69. 144.4422 (5) of the statutes is amended to read:
AB1089-ASA2,25,422 144.4422 (5) Agreement in negotiation. The political subdivision local
23governmental unit
and any of the responsible parties may enter into any agreement
24in negotiation regarding the design and implementation of the remedial action plan
25and the contribution of funds by the political subdivision local governmental unit and

1responsible parties for the investigation and remedial action. The portion of the
2agreement containing the design and implementation of the remedial action plan
3shall be submitted to the department for approval. The department may approve
4that portion of the agreement as submitted or require modifications.
AB1089-ASA2, s. 70 5Section 70. 144.4422 (6) (a) of the statutes is amended to read:
AB1089-ASA2,25,196 144.4422 (6) (a) If the political subdivision local governmental unit and any
7responsible parties are unable to reach an agreement under sub. (5) by the end of the
8period of negotiation, the umpire shall make a recommendation regarding the design
9and implementation of the remedial action plan and the contribution of funds for
10investigation and remedial action by the political subdivision local governmental
11unit
and all responsible parties that were identified by the political subdivision local
12governmental unit
and that did not reach an agreement under sub. (5), whether or
13not the responsible parties participated in negotiations under sub. (4). The umpire
14shall submit the recommendation to the department for its approval within 20 days
15after the end of the period of negotiation under sub. (4) (c). The department may
16approve the recommendation as submitted or require modifications. The umpire
17shall distribute a copy of the approved recommendation to the political subdivision
18local governmental unit and all responsible parties identified by the political
19subdivision
local governmental unit.
AB1089-ASA2, s. 71 20Section 71. 144.4422 (6) (b) of the statutes is amended to read:
AB1089-ASA2,26,321 144.4422 (6) (b) The political subdivision local governmental unit and the
22responsible parties that did not reach an agreement under sub. (5) shall accept or
23reject the umpire's recommendation within 60 days after receiving it. Failure to
24accept or reject the recommendation within 60 days shall be considered rejection of
25the recommendation. If the political subdivision local governmental unit rejects the

1recommendation with respect to any responsible party, the recommendation does not
2apply to that responsible party. If a responsible party rejects the recommendation,
3it does not apply to that responsible party.
AB1089-ASA2, s. 72 4Section 72. 144.4422 (7) of the statutes is amended to read:
AB1089-ASA2,26,175 144.4422 (7) Responsible parties subject to an agreement or
6recommendation.
A responsible party that enters into an agreement under sub. (5)
7with a political subdivision local governmental unit or that accepts the umpire's
8recommendation under sub. (6), if the political subdivision local governmental unit
9does not reject the recommendation, is required to comply with the agreement or
10recommendation. When the responsible party has complied with the agreement or
11recommendation, the responsible party is not liable to the state, including under s.
12144.442 (9) or 144.76 (7) (b), or to the political subdivision local governmental unit
13for any additional costs of the investigation or remedial action; the responsible party
14is not liable to any other responsible party for contribution to costs incurred by any
15other responsible party for the investigation or remedial action; and the responsible
16party is not subject to an order under s. 144.76 (7) (c) for the discharge that is the
17subject of the agreement or recommendation.
AB1089-ASA2, s. 73 18Section 73. 144.4422 (8) (b) (intro.) of the statutes is amended to read:
AB1089-ASA2,26,2119 144.4422 (8) (b) (intro.) A political subdivision local governmental unit is
20entitled to recover litigation expenses and interest on the judgment against a
21responsible party if any of the following occurs:
AB1089-ASA2, s. 74 22Section 74. 144.4422 (8) (b) 1. of the statutes is amended to read:
AB1089-ASA2,27,223 144.4422 (8) (b) 1. The political subdivision local governmental unit accepts the
24recommendation of an umpire under sub. (6), the responsible party rejects it and the
25political subdivision local governmental unit recovers a judgment under sub. (9)

1against that responsible party that equals or exceeds the amount of the umpire's
2recommendation.
AB1089-ASA2, s. 75 3Section 75. 144.4422 (8) (b) 2. of the statutes is amended to read:
AB1089-ASA2,27,94 144.4422 (8) (b) 2. The political subdivision local governmental unit and the
5responsible party enter into an agreement under sub. (5) or accept the umpire's
6recommendation under sub. (6), the responsible party does not comply with the
7requirements of the agreement or recommendation and the political subdivision
8local governmental unit recovers a judgment against that responsible party based
9on the agreement or recommendation.
AB1089-ASA2, s. 76 10Section 76. 144.4422 (8) (c) of the statutes is amended to read:
AB1089-ASA2,27,1911 144.4422 (8) (c) A responsible party is entitled to recover litigation expenses
12from a political subdivision local governmental unit if the responsible party accepts
13the recommendation of an umpire under sub. (6), the political subdivision local
14governmental unit
rejects the recommendation of the umpire under sub. (6) with
15respect to the responsible party, the political subdivision local governmental unit
16institutes an action under sub. (9) against the responsible party and the political
17subdivision
local governmental unit recovers a judgment under sub. (9) against the
18responsible party that is equal to or less than the amount of the umpire's
19recommendation.
AB1089-ASA2, s. 77 20Section 77. 144.4422 (9) (b) 1. of the statutes is amended to read:
AB1089-ASA2,28,221 144.4422 (9) (b) 1. Except as provided in pars. (bm), (br) and (e), sub. (7) and
22s. 144.76 (9m) and (9s), a responsible party is liable for a portion of the costs, as
23determined under pars. (c) to (e), incurred by a political subdivision local
24governmental unit
for remedial action in an agreement under sub. (5) or a
25recommendation under sub. (6) and for any related investigation. A right of action

1shall accrue to a political subdivision local governmental unit against the
2responsible party for costs listed in this subdivision.
AB1089-ASA2, s. 78 3Section 78. 144.76 (9) (e) 2. e. of the statutes is created to read:
AB1089-ASA2,28,74 144.76 (9) (e) 2. e. A failure of the municipality to take action, as directed by
5the department, with respect to public health, safety or welfare concerns associated
6with the property, if the municipality proposes to use or develop the property without
7taking the actions required under sub. (3).
AB1089-ASA2, s. 79 8Section 79. 144.76 (9m) (c) 1. d. of the statutes is amended to read:
AB1089-ASA2,29,29 144.76 (9m) (c) 1. d. The lender conducts an environmental assessment of the
10real property in accordance with subd. 2. at any time, but not more than 90 days after
11the date the lender acquires title to, or possession or control of, the real property, and
12files a complete copy of the environmental assessment with the department not more
13than 180 days after the date the lender acquires title to, or possession or control of,
14the real property. If the environmental assessment is conducted before the date that
15the lender acquires title to, or possession or control of, the real property, the lender
16shall have a visual inspection of the property performed as provided in subd. 2. a. and
17b. after that date to verify the environmental assessment, and shall submit the
18results of both the visual inspection and the environmental assessment to the
19department. If the environmental assessment is conducted more than one year
20before the date that the lender acquires title to, or possession or control of, the real
21property, the department shall review the environmental assessment and shall
22either determine that the environmental assessment is adequate or direct the lender
23to address any inadequacies in the environmental assessment.
The exemption under
24this subdivision does not apply unless the department determines that the lender

1has satisfactorily corrected the inadequacies, if any, of an environmental assessment
2reviewed under this subd. l. d.
AB1089-ASA2, s. 80 3Section 80. 144.76 (13) (b) 1. (intro.), a. and b. and 4. and (c) of the statutes are
4amended to read:
AB1089-ASA2,29,85 144.76 (13) (b) 1. (intro.) Before incurring expenses under this section or s.
6144.442 (4), (6) or (8) or 144.77 (4) with respect to a property, the department shall
7provide to the current owner of the property and to any mortgagees of record a notice
8containing all of the following:
AB1089-ASA2,29,109 a. A brief description of the property for which the department expects to incur
10expenses under this section or s. 144.442 (4), (6) or (8) or 144.77 (4).
AB1089-ASA2,29,1311 b. A brief description of the types of activities that the department expects may
12be conducted at the property under this section or s. 144.442 (4), (6) or (8) or 144.77
13(4)
.
AB1089-ASA2,29,1614 4. No notice under this paragraph is necessary in circumstances in which entry
15onto the property without prior notice is authorized under sub. (8) or under s. 144.77
16(5)
.
AB1089-ASA2,29,2417 (c) Any expenditures made by the department under this section, under or s.
18144.442 (4), (6) or (8) or, subject to s. 144.77 (6) (d), under s. 144.77 (4) shall constitute
19a lien upon the property for which expenses are incurred if the department files the
20lien with the register of deeds in the county in which the property is located. A lien
21under this subsection shall be superior to all other liens that are or have been filed
22against the property, except that if the property is residential property, as defined in
23s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential
24property.
AB1089-ASA2, s. 81 25Section 81. 144.765 (title) of the statutes is amended to read:
AB1089-ASA2,30,2
1144.765 (title) Remediated property; purchaser Voluntary party
2remediation and exemption from
liability.
AB1089-ASA2, s. 82 3Section 82. 144.765 (1) (c) (intro.) and 2. of the statutes are repealed.
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