AB179: Bill Text

AB179,12,24 75.106 (2) Assignment authorized. Before a judgment is issued under s. 75.521 or a tax deed is executed under s. 75.14, the governing body of a county may assign to a person the county's right to take judgment with respect to any parcel that is subject to the county's foreclosure action under s. 75.521 or to take a tax deed with respect to any parcel subject to s. 75.14, if all of the following apply:

AB179,13,4 (a) The governing body of the county provides written notice to the governing body of the city, town, or village in which the parcel that is subject to the county's foreclosure action is located at least 15 days before the governing body of the county meets to consider the approval of the assignment.

AB179,13,7 (b) The governing body of the county produces a written assignment that is signed on behalf of the county, the assignee and the city, town, or village in which the parcel that is subject to the county's foreclosure action is located.

AB179,13,9 (c) The assignment identifies the parcel for which a judgment or tax deed is assigned.

AB179,13,10 (d) The parcel for which a judgment or tax deed is assigned is a brownfield.

AB179,13,14 (e) The assignment requires an environmental assessment of the parcel and requires that the department be provided the results of that assessment before a final judgment under s. 75.521 or a tax deed under s. 75.14 related to the parcel is granted to the assignee.

AB179,13,23 (f) The assignment requires that, if the parcel is contaminated by the discharge of a hazardous substance, as determined by the assessment under par. (e), and if the assignee elects to accept the judgment or deed assigned under this subsection regardless of the contamination, the assignee enter into an agreement with the department, before a final judgment is issued under s. 75.521 or a tax deed is issued under s. 75.14 related to the parcel, to clean up the parcel to the extent practicable; to minimize any harmful effects from the hazardous substance pursuant to rules the department promulgates; and to maintain and monitor the parcel pursuant to rules the department promulgates.

AB179,14,2 (g) The assignment and an affidavit from the county treasurer that attests to the county governing body's approval of the assignment are filed with the court that is presiding over the county's foreclosure action under s. 75.521 or, in the case of a tax deed issued under s. 75.14, with the register of deeds.

AB179,14 Section 14 . 75.106 (4) of the statutes is renumbered 75.106 (4) (a) and amended to read:

AB179,14,13 75.106 (4) (a) An assignee who is granted a judgment under sub. (3) shall take title to, and is the owner of, the parcel that is the subject of the assignment, except that a person who commences an action under s. 75.521 (14a) related to the parcel shall commence the action against only the county that assigned judgment to the parcel under sub. (2). An assignment under sub. (2) may provide that an assignee under sub. (2) who is granted a judgement under sub. (3) shall indemnify the county that makes the assignment and hold the county harmless against any loss, expense, liability, or damage that the county may incur as a result of an action under s. 75.521 (14a).

AB179,15 Section 15 . 75.106 (4) (b) of the statutes is created to read:

AB179,14,22 75.106 (4) (b) An assignee who is assigned a tax deed under sub. (2) shall take title to, and is the owner of, the parcel that is the subject of the assignment, except that a person who commences an action under s. 75.144 or 893.25 related to the parcel shall commence the action against only the county that assigned the tax deed under sub. (2). An assignment of a tax deed under sub. (2) may provide that an assignee shall indemnify the county that makes the assignment and hold the county harmless against any loss, expense, liability, or damage that the county may incur as a result of an action under s. 75.144 or 893.25.

AB179,16 Section 16. 285.675 of the statutes is created to read:

AB179,14,25 285.675 Pilot program for manufacturing facilities on brownfields. (1) In this section:

AB179,15,1 (a) “Green Tier Program" means the program under s. 299.83.

AB179,15,3 (b) “Registration permit" means an air pollution control permit under s. 285.60 (2g).

AB179,15,8 (2) The department shall implement a pilot program under which a participating owner or operator is not required to make changes to the air pollution controls for a stationary source due to new or modified legal requirements, except as required under the federal clean air act, for 10 years after the department grants coverage under a registration permit for the stationary source.

AB179,15,10 (3) The department may allow an owner or operator to participate in the pilot program under this section only if all of the following apply:

AB179,15,12 (a) The stationary source is a minor source and is eligible for coverage under a registration permit.

AB179,15,14 (b) The stationary source is a manufacturing facility that the owner or operator is constructing.

AB179,15,18 (c) The stationary source is located on property on which the owner or operator has conducted the activities required under s. 292.15 (2) (a) 2., (ae) 2., or (ag) 1. and the owner or operator has obtained a certificate of completion from the department under s. 292.15 (2) (a) 3., (ae) 3., or (ag) 2. for the property.

AB179,15,20 (d) The owner or operator is a participant in tier I or tier II of the Green Tier Program and the manufacturing facility is included in the program.

AB179,15,23 (4) The department may specify limitations on participation in the pilot program, such as limitations on the number of participants or on the location in which the pilot program operates.

AB179,16,4 (5) No later than the first day of the 60th month beginning after department implements the pilot program, the department shall submit a report, to the governor and to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3), on the pilot program, including the environmental and economic effects of the pilot program and the department's recommendations about whether the pilot program should be expanded.

AB179,17 Section 17. 292.13 (1m) (intro.) of the statutes is amended to read:

AB179,16,10 292.13 (1m) Exemption from liability for soil contamination. (intro.) A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil, including sediments, or in vapor emitted from the soil or groundwater on property possessed or controlled by the person if all of the following apply:

AB179,18 Section 18 . 292.13 (2) of the statutes is amended to read:

AB179,16,18 292.13 (2) Determinations concerning liability. The department shall, upon request, issue a written determination that a person who possesses or controls property on which a hazardous substance exists in the soil or groundwater, or in vapor emitted from the soil or groundwater, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if the person satisfies the applicable requirements in subs. (1) and (1m). The department may revoke its determination if it determines that any of the requirements in sub. (1) or (1m) cease to be met.

AB179,19 Section 19. 292.15 (1) (c) of the statutes is created to read:

AB179,16,22 292.15 (1) (c) “Property" means the area of real property that is included in an application to obtain an exemption under this section, made up of a parcel or contiguous parcels, the legal description of which is contained in one or more deeds.

AB179,20 Section 20 . 292.15 (2) (at) of the statutes is created to read:

AB179,17,4 292.15 (2) (at) Subdivision, transfer, or other change in property. The subdivision or transfer of a property, the combination of a property with another property, or any other similar change to the legal boundaries of the property do not affect a voluntary party's eligibility for the liability exemption under this section if change occurs after the department has approved any required environmental investigation and if all other applicable requirements for the exemption are met.

AB179,17,5 (End)