AB100-ASA1, s. 2683 11Section 2683. 292.35 (2r) (b) of the statutes is amended to read:
AB100-ASA1,1550,2312 292.35 (2r) (b) Upon completion of the draft remedial action plan, the political
13subdivision
local governmental unit shall send written notice to all responsible
14parties identified by the political subdivision local governmental unit, provide public
15notice and conduct a public hearing on the draft remedial action plan. The notice to
16responsible parties shall offer the person receiving the notice an opportunity to
17provide information regarding the status of that person or any other person as a
18responsible party, notice and a description of the public hearing and a description of
19the procedures in this section. At the public hearing, the political subdivision local
20governmental unit
shall solicit testimony on whether the draft remedial action plan
21is the least costly method of meeting the standards for remedial action promulgated
22by the department by rule. The political subdivision local governmental unit shall
23accept written comments for at least 30 days after the close of the public hearing.
AB100-ASA1, s. 2684 24Section 2684. 292.35 (2r) (c) of the statutes is amended to read:
AB100-ASA1,1551,6
1292.35 (2r) (c) Upon the conclusion of the period for written comment, the
2political subdivision local governmental unit shall prepare a preliminary remedial
3action plan, taking into account the written comments and comments received at the
4public hearing and shall submit the preliminary remedial action plan to the
5department for approval. The department may approve the preliminary remedial
6action plan as submitted or require modifications.
AB100-ASA1, s. 2685 7Section 2685. 292.35 (3) (a) (intro.) of the statutes is amended to read:
AB100-ASA1,1551,158 292.35 (3) (a) (intro.) Upon receiving the department's approval of the
9preliminary remedial action plan, the political subdivision local governmental unit
10shall serve an offer to settle regarding the contribution of funds for investigation and
11remedial action at the site or facility on each of the responsible parties identified by
12the political subdivision local governmental unit, using the procedure for service of
13a summons under s. 801.11 and shall notify the department that the offer to settle
14has been served. The political subdivision local governmental unit shall include in
15the offer to settle all of the following information:
AB100-ASA1, s. 2686 16Section 2686. 292.35 (3) (a) 2. of the statutes is amended to read:
AB100-ASA1,1551,1917 292.35 (3) (a) 2. The names, addresses and contact persons, to the extent
18known, for all of the responsible parties identified by the political subdivision local
19governmental unit
.
AB100-ASA1, s. 2687 20Section 2687. 292.35 (3) (a) 3. of the statutes is amended to read:
AB100-ASA1,1551,2321 292.35 (3) (a) 3. The location and availability of documents that support the
22claim of the political subdivision local governmental unit against the responsible
23party.
AB100-ASA1, s. 2688 24Section 2688. 292.35 (3) (b) of the statutes is amended to read:
AB100-ASA1,1552,6
1292.35 (3) (b) The department shall maintain a list of competent and
2disinterested umpires qualified to perform the duties under subs. (4) to (6). None of
3the umpires may be employes of the department. Upon receiving notice from a
4political subdivision local governmental unit under par. (a), the secretary or his or
5her designee shall select an umpire from the list and inform the political subdivision
6local governmental unit and responsible parties of the person selected.
AB100-ASA1, s. 2689 7Section 2689. 292.35 (3) (c) of the statutes is amended to read:
AB100-ASA1,1552,198 292.35 (3) (c) Within 10 days after receiving notice of the umpire selected by
9the department under par. (b), the political subdivision local governmental unit may
10notify the department that the umpire selected is unacceptable. Within 10 days after
11receiving notice of the umpire selected by the department under par. (b), a
12responsible party may notify the department that the umpire selected is
13unacceptable or that the responsible party does not intend to participate in the
14negotiation. Failure to notify the department that the umpire is unacceptable shall
15be considered acceptance. If all responsible parties identified by the political
16subdivision
local governmental unit indicate that they do not intend to participate
17in the negotiation, the department shall inform the political subdivision local
18governmental unit
and the political subdivision local governmental unit shall cease
19further action under this section.
AB100-ASA1, s. 2690 20Section 2690. 292.35 (3) (d) of the statutes is amended to read:
AB100-ASA1,1552,2421 292.35 (3) (d) Upon receiving notice under par. (c) that the selected umpire is
22unacceptable, the secretary or his or her designee shall select 5 additional umpires
23from the list and inform the political subdivision local governmental unit and
24responsible parties of the persons selected.
AB100-ASA1, s. 2691 25Section 2691. 292.35 (3) (e) of the statutes is amended to read:
AB100-ASA1,1553,9
1292.35 (3) (e) Within 10 days after receiving notice of the umpires selected by
2the department under par. (d), the political subdivision local governmental unit or
3a responsible party may notify the department that one or more of the umpires
4selected are unacceptable. Failure to notify the department shall be considered
5acceptance. The secretary or his or her designee shall select an umpire from among
6those umpires not identified as unacceptable by the political subdivision local
7governmental unit
or a responsible party or, if all umpires are identified as
8unacceptable, the secretary or his or her designee shall designate a person to be
9umpire for the negotiation.
AB100-ASA1, s. 2692 10Section 2692. 292.35 (4) (a) of the statutes is amended to read:
AB100-ASA1,1553,2011 292.35 (4) (a) The umpire, immediately upon being appointed, shall contact the
12department, the political subdivision local governmental unit and the responsible
13parties that received the offer to settle and shall schedule the negotiating sessions.
14The umpire shall schedule the first negotiating session no later than 20 days after
15being appointed. The umpire may meet with all parties to the negotiation, individual
16parties or groups of parties. The umpire shall facilitate a discussion between the
17political subdivision local governmental unit and the responsible parties to attempt
18to reach an agreement on the design and implementation of the remedial action plan
19and the contribution of funds by the political subdivision local governmental unit and
20responsible parties.
AB100-ASA1, s. 2693 21Section 2693. 292.35 (4) (d) of the statutes is amended to read:
AB100-ASA1,1554,222 292.35 (4) (d) The political subdivision local governmental unit and the
23responsible parties that participate in negotiations shall pay for the costs of the
24umpire, whether or not an agreement among the parties is reached under sub. (5) or
25the parties accept the recommendation of the umpire under sub. (6). The umpire

1shall determine an equitable manner of paying for the costs of the umpire, which is
2binding.
AB100-ASA1, s. 2694 3Section 2694. 292.35 (5) of the statutes is amended to read:
AB100-ASA1,1554,114 292.35 (5) Agreement in negotiation. The political subdivision local
5governmental unit
and any of the responsible parties may enter into any agreement
6in negotiation regarding the design and implementation of the remedial action plan
7and the contribution of funds by the political subdivision local governmental unit and
8responsible parties for the investigation and remedial action. The portion of the
9agreement containing the design and implementation of the remedial action plan
10shall be submitted to the department for approval. The department may approve
11that portion of the agreement as submitted or require modifications.
AB100-ASA1, s. 2695 12Section 2695. 292.35 (6) (a) of the statutes is amended to read:
AB100-ASA1,1555,213 292.35 (6) (a) If the political subdivision local governmental unit and any
14responsible parties are unable to reach an agreement under sub. (5) by the end of the
15period of negotiation, the umpire shall make a recommendation regarding the design
16and implementation of the remedial action plan and the contribution of funds for
17investigation and remedial action by the political subdivision local governmental
18unit
and all responsible parties that were identified by the political subdivision local
19governmental unit
and that did not reach an agreement under sub. (5), whether or
20not the responsible parties participated in negotiations under sub. (4). The umpire
21shall submit the recommendation to the department for its approval within 20 days
22after the end of the period of negotiation under sub. (4) (c). The department may
23approve the recommendation as submitted or require modifications. The umpire
24shall distribute a copy of the approved recommendation to the political subdivision

1local governmental unit and all responsible parties identified by the political
2subdivision
local governmental unit.
AB100-ASA1, s. 2696 3Section 2696. 292.35 (6) (b) of the statutes is amended to read:
AB100-ASA1,1555,114 292.35 (6) (b) The political subdivision local governmental unit and the
5responsible parties that did not reach an agreement under sub. (5) shall accept or
6reject the umpire's recommendation within 60 days after receiving it. Failure to
7accept or reject the recommendation within 60 days shall be considered rejection of
8the recommendation. If the political subdivision local governmental unit rejects the
9recommendation with respect to any responsible party, the recommendation does not
10apply to that responsible party. If a responsible party rejects the recommendation,
11it does not apply to that responsible party.
AB100-ASA1, s. 2697 12Section 2697. 292.35 (7) of the statutes is amended to read:
AB100-ASA1,1555,2513 292.35 (7) Responsible parties subject to an agreement or recommendation.
14A responsible party that enters into an agreement under sub. (5) with a political
15subdivision
local governmental unit or that accepts the umpire's recommendation
16under sub. (6), if the political subdivision local governmental unit does not reject the
17recommendation, is required to comply with the agreement or recommendation.
18When the responsible party has complied with the agreement or recommendation,
19the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
20292.31 (8), or to the political subdivision local governmental unit for any additional
21costs of the investigation or remedial action; the responsible party is not liable to any
22other responsible party for contribution to costs incurred by any other responsible
23party for the investigation or remedial action; and the responsible party is not subject
24to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
25or recommendation.
AB100-ASA1, s. 2698
1Section 2698. 292.35 (8) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,1556,42 292.35 (8) (b) (intro.) A political subdivision local governmental unit is entitled
3to recover litigation expenses and interest on the judgment against a responsible
4party if any of the following occurs:
AB100-ASA1, s. 2699 5Section 2699. 292.35 (8) (b) 1. of the statutes is amended to read:
AB100-ASA1,1556,106 292.35 (8) (b) 1. The political subdivision local governmental unit accepts the
7recommendation of an umpire under sub. (6), the responsible party rejects it and the
8political subdivision local governmental unit recovers a judgment under sub. (9)
9against that responsible party that equals or exceeds the amount of the umpire's
10recommendation.
AB100-ASA1, s. 2700 11Section 2700. 292.35 (8) (b) 2. of the statutes is amended to read:
AB100-ASA1,1556,1712 292.35 (8) (b) 2. The political subdivision local governmental unit and the
13responsible party enter into an agreement under sub. (5) or accept the umpire's
14recommendation under sub. (6), the responsible party does not comply with the
15requirements of the agreement or recommendation and the political subdivision
16local governmental unit recovers a judgment against that responsible party based
17on the agreement or recommendation.
AB100-ASA1, s. 2701 18Section 2701. 292.35 (8) (c) of the statutes is amended to read:
AB100-ASA1,1557,219 292.35 (8) (c) A responsible party is entitled to recover litigation expenses from
20a political subdivision local governmental unit if the responsible party accepts the
21recommendation of an umpire under sub. (6), the political subdivision local
22governmental unit
rejects the recommendation of the umpire under sub. (6) with
23respect to the responsible party, the political subdivision local governmental unit
24institutes an action under sub. (9) against the responsible party and the political
25subdivision
local governmental unit recovers a judgment under sub. (9) against the

1responsible party that is equal to or less than the amount of the umpire's
2recommendation.
AB100-ASA1, s. 2702 3Section 2702. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and
4amended to read:
AB100-ASA1,1557,115 292.35 (9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
6292.21, a responsible party is liable for a portion of the costs, as determined under
7pars. (c) to (e), incurred by a political subdivision local governmental unit for
8remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
9and for any related investigation. A right of action shall accrue to a political
10subdivision
local governmental unit against the responsible party for costs listed in
11this subdivision paragraph.
AB100-ASA1, s. 2703 12Section 2703. 292.35 (9) (b) 2. of the statutes is repealed.
AB100-ASA1, s. 2704 13Section 2704. 292.41 (6) (c) of the statutes is amended to read:
AB100-ASA1,1557,1714 292.41 (6) (c) The department is entitled to recover moneys expended under
15this section from any person who caused the containers to be abandoned or is
16responsible for the containers. The funds recovered under this paragraph shall be
17deposited into the environmental fund for environmental repair management.
AB100-ASA1, s. 2705 18Section 2705. 292.41 (6) (d) of the statutes is repealed.
AB100-ASA1, s. 2706 19Section 2706. 292.51 (2) of the statutes is amended to read:
AB100-ASA1,1557,2520 292.51 (2) The department may seek and receive voluntary contributions of
21funds from a municipality or any other public or private source for all or part of the
22costs of remedying environmental contamination if the activities being funded are
23part of a cooperative effort, by the department and the person providing the funds,
24to remedy that environmental contamination. All contributions received under this
25subsection shall be deposited in the environmental fund.
AB100-ASA1, s. 2707
1Section 2707. 292.55 of the statutes is created to read:
AB100-ASA1,1558,4 2292.55 Requests for liability clarification and technical assistance. (1)
3(a) The department may, upon request, assist a person to determine whether the
4person is or may become liable for the environmental pollution of a property.
AB100-ASA1,1558,75 (b) The department may, upon request, assist in, or provide comments on, the
6planning and implementation of an environmental investigation of a property or the
7environmental cleanup of a property.
AB100-ASA1,1558,98 (c) The department may determine whether further action is necessary to
9remedy environmental pollution of a property.
AB100-ASA1,1558,1110 (d) The department may issue a letter to a person seeking assistance under this
11subsection concerning any of the following:
AB100-ASA1,1558,1312 1. The liability of a person owning or leasing a property for environmental
13pollution of the property.
AB100-ASA1,1558,1414 2. The type and extent of environmental pollution of a property.
AB100-ASA1,1558,1515 3. The adequacy of an environmental investigation.
AB100-ASA1,1558,1616 4. Any other matter related to the request for assistance under this subsection.
AB100-ASA1,1558,20 17(2) The department may assess and collect fees from a person to offset the costs
18of providing assistance under sub. (1). The department shall promulgate rules for
19the assessment and collection of fees under this subsection. Fees collected under this
20subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).
AB100-ASA1, s. 2708 21Section 2708. 292.61 of the statutes is repealed.
AB100-ASA1, s. 3721e 22Section 3721e. 292.65 of the statutes is created to read:
AB100-ASA1,1558,24 23292.65 Dry cleaner environmental response program. (1) Definitions.
24In this section and s. 292.66:
AB100-ASA1,1559,4
1(a) "Bodily injury" does not include those liabilities that are excluded from
2coverage in liability insurance policies for bodily injury other than liabilities
3excluded because they are caused by a dry cleaning solvent discharge from a dry
4cleaning facility.
AB100-ASA1,1559,75 (b) "Case closure letter" means a letter provided by the department that states
6that, based on information available to the department, no further remedial action
7is necessary with respect to a dry cleaning solvent discharge.
AB100-ASA1,1559,98 (d) "Dry cleaning facility" means a facility for dry cleaning apparel or household
9fabrics for the general public other than a facility that is one of the following:
AB100-ASA1,1559,1010 1. A coin-operated facility.
AB100-ASA1,1559,1111 2. A facility that is located on a U.S. military installation.
AB100-ASA1,1559,1212 3. An industrial laundry.
AB100-ASA1,1559,1313 4. A commercial laundry.
AB100-ASA1,1559,1414 5. A linen supply facility.
AB100-ASA1,1559,1515 6. A facility that is located at a prison or other penal institution.
AB100-ASA1,1559,1716 7. A facility that is located at a nonprofit hospital or at another nonprofit health
17care institution.
AB100-ASA1,1559,2018 8. A facility that is located on property that is owned by the federal government
19or by this state or that is located on property that was owned by the federal
20government or by this state when the facility was operating.
AB100-ASA1,1559,2321 (e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based
22formulation or product that is used as a primary cleaning agent in dry cleaning
23facilities.
AB100-ASA1,1560,3
1(f) "Emergency" means a situation that requires an immediate response to
2protect public health or safety. An emergency lasts until the threat to public health
3or safety is mitigated.
AB100-ASA1,1560,44 (g) "Groundwater" has the meaning given in s. 281.75 (1) (c).
AB100-ASA1,1560,55 (h) "Operator" means any of the following:
AB100-ASA1,1560,66 1. A person who holds the license under s. 77.9961 (2) for a dry cleaning facility.
AB100-ASA1,1560,77 2. A subsidiary or parent corporation of the person specified under subd. 1.
AB100-ASA1,1560,88 (i) "Owner" means any of the following:
AB100-ASA1,1560,139 1. A person who owns, or has possession or control of, a dry cleaning facility,
10or who receives direct or indirect consideration from the operation of a dry cleaning
11facility regardless of whether the dry cleaning facility remains in operation and
12regardless of whether the person owns or receives consideration at the time that
13environmental pollution occurs.
AB100-ASA1,1560,1414 2. A subsidiary or parent corporation of the person specified under subd. 1.
AB100-ASA1,1560,1615 (j) "Program year" means the period beginning on July 1, and ending on the
16following June 30.
AB100-ASA1,1560,2117 (k) "Property damage" does not include those liabilities that are excluded from
18coverage in liability insurance policies for property damage, other than liability for
19remedial action associated with dry cleaning solvent discharges from affected dry
20cleaning facilities. "Property damage" does not include the loss of fair market value
21resulting from a discharge.
AB100-ASA1,1560,2522 (L) "Service provider" means a consultant, testing laboratory, monitoring well
23installer, soil boring contractor, other contractor, lender or any other person who
24provides a product or service for which an application for reimbursement has been
25or will be filed under this section, or a subcontractor of such a person.
AB100-ASA1,1561,4
1(m) "Subsidiary or parent corporation" means a business entity, including a
2subsidiary, parent corporation or other business arrangement, that has elements of
3common ownership or control or that uses a long-term contractual arrangement
4with a person to avoid direct responsibility for conditions at a dry cleaning facility.
AB100-ASA1,1561,10 5(2) Rules concerning 3rd-party compensation. The commissioner of
6insurance shall promulgate rules defining "liabilities that are excluded from
7coverage in liability insurance policies for bodily injury" and "liabilities that are
8excluded from coverage in liability insurance policies for property damage" for the
9purposes of sub. (1) (a) and (k). The definitions shall be consistent with standard
10insurance industry practices.
AB100-ASA1,1561,12 11(3) Duties of the department. (a) The department shall promulgate rules for
12the administration of the program under this section.
AB100-ASA1,1561,1613 (am) 1. The department shall establish a method for determining the order in
14which it pays awards under this section. Except as provided in subds. 2. and 3., the
15method shall be based on environmental factors and on the order in which
16applications are received.
AB100-ASA1,1561,2017 2. The department shall pay an award for emergency remedial action activities
18within 2 working days of receipt of the application. For the purposes of this
19subdivision, removal of contaminated soils and recovery of free dry cleaning solvent
20are not considered emergency remedial action activities.
AB100-ASA1,1561,2321 3. After awards for emergency remedial action activities, the department shall
22give highest priority to paying awards for eligible costs incurred before the effective
23date of this subdivision .... [revisor inserts date].
AB100-ASA1,1561,2524 (b) The department shall promote the program under this section to persons
25who may be eligible for awards.
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