SB77: Bill Text

SB77, s. 3630 Section 3630. 287.46 (4) (a) of the statutes is created to read:

SB77,1463,5 287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under s. 287.42 (3).

SB77, s. 3631 Section 3631. 287.48 of the statutes is repealed.

SB77, s. 3632 Section 3632. 287.49 of the statutes is repealed.

SB77, s. 3633 Section 3633. 289.41(3) (c) of the statutes is amended to read:

SB77,1463,12 289.41 (3) (c) Changes. The owner or operator may change from one standard method of establishing proof of financial responsibility under par. (a) to another or to a net worth method of establishing proof of financial responsibility under sub. (3m) or (4).

SB77, s. 3634 Section 3634. 289.41 (3m) of the statutes is created to read:

SB77,1463,16 289.41 (3m) Fiscal capacity method of establishing proof of financial responsibility for political subdivisions. (a) Definition. In this subsection, "political subdivision" means a city, village, town or county.

SB77,1463,19 (b) Criteria for fiscal capacity method. A political subdivision may establish proof of financial responsibility required under sub. (2) (a), (c) or (d) by applying to the department and meeting all of the following criteria:

SB77,1463,25 1. The aggregate amount of indebtedness of the political subdivision is less than the maximum indebtedness allowed under s. 67.03 (1), by an amount that is at least 6 times the estimated total costs of compliance with the closure and any long-term care requirements specified in the plan of operation or the approved plan under s. 291.29 plus 6 times the costs of any corrective action required under s. 291.37.

SB77,1464,6 2. The estimated annual cost of compliance with the closure and any long-term care requirements specified in the plan of operation or the approved plan under s. 291.29 plus the costs of any corrective action required under s. 291.37, if paid entirely by property tax revenues, will not require a property tax levy of more than 10 cents per $1,000 of the value of taxable property located in the political subdivision as equalized for state purposes.

SB77,1464,10 3. In the most recent bond ratings before the determination under par. (d) is made, the political subdivision has not received a bond rating of less than "A" from the Moody's Investor Service, Inc., or less than "A" from Standard and Poor's Corporation.

SB77,1464,14 (c) Application. A political subdivision that seeks to establish proof of financial responsibility utilizing the fiscal capacity method shall submit an application to the department as a part of the initial license application and annually thereafter, that includes all information necessary to demonstrate compliance with par. (b).

SB77,1464,18 (d) Department determination under fiscal capacity method. 1. If the department determines that a political subdivision complies with the criteria in par. (b), then the department shall find that the political subdivision satisfies the requirements for proof of financial responsibility for the year.

SB77,1464,22 2. If the department determines that the political subdivision does not comply with par. (b), the department shall issue findings of fact to support this determination and provide the political subdivision with an opportunity for a hearing.

SB77,1465,3 3. In order to continue to meet the fiscal capacity requirements each year, a political subdivision shall reapply under par. (c). Subsequent determinations by the department shall take into consideration any changes in the plan of operation and adjustments to the estimated total cost of compliance with closure and any long-term care or corrective action requirements because of inflation or other changes.

SB77,1465,6 4. Whenever the department has reason to believe that a political subdivision no longer satisfies the fiscal capacity requirements, it may require the political subdivision to submit information and materials to show compliance.

SB77,1465,10 5. If a political subdivision does not comply with the criteria in par. (b) during the annual review or at any special review, the political subdivision shall establish proof of financial responsibility utilizing one of the standard methods under sub. (3) within 90 days after the department issues its findings.

SB77,1465,12 (e) Variances. The department may not grant a variance to any requirement of this subsection.

SB77,1465,17 (f) Joint ownership. If a solid waste disposal facility or hazardous waste facility is owned or operated by more than one political subdivision, any of the political subdivisions may seek to establish proof of financial responsibility under this subsection. The requirements of this subsection apply to each political subdivision in proportion to its interest in the facility.

SB77, s. 3635 Section 3635. 289.41 (11) (a) 5. of the statutes is created to read:

SB77,1466,6 289.41 (11) (a) 5. And if the owner or operator received approval to use the fiscal capacity method of proving financial responsibility under sub. (3m), the department shall notify the department of administration of the amount, as determined under sub. (3m), necessary to pay for the costs of complying with the closure and long-term care requirements of the plan of operation or approved plan under s. 291.29 After receiving notice from the department of natural resources, the department of administration shall collect the amounts due by deducting those amounts from any state payments due the political subdivision or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. The department of administration shall deposit those amounts in the waste management fund. The amounts collected under this subdivision from state payments due the political subdivision shall be collected from the amount of payments due after collection of any principal repayment or interest payments under s. 281.59 (11) (b).

SB77, s. 3636 Section 3636. 289.41 (11) (am) 5. of the statutes is created to read:

SB77,1466,20 289.41 (11) (am) 5. And if the owner or operator received approval to use the fiscal capacity method of proving financial responsibility under sub. (3m), the department of natural resources shall determine the amounts necessary to pay for the costs of complying with corrective action requirements under s. 291.37 and shall notify the department of administration of those amounts. After receiving notice from the department of natural resources, the department of administration shall collect the amounts due by deducting those amounts from any state payments due the political subdivision or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. The department of administration shall deposit those amounts in the waste management fund. The amounts collected under this subdivision from state payments due the political subdivision shall be collected from the amount of payments due after collection of any principal repayment or interest payments under s. 281.59 (11) (b).

SB77, s. 3637 Section 3637. 289.43 (7) (e) 3. of the statutes is amended to read:

SB77,1466,23 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation appropriations under s. 20.370 (2) (dg) and (9) (mj).

SB77, s. 3638 Section 3638. 289.62 (1) (g) of the statutes is amended to read:

SB77,1467,2 289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility shall be paid into the environmental fund for environmental repair management.

SB77, s. 3639 Section 3639. 289.63 (3) (b) of the statutes is amended to read:

SB77,1467,6 289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent 4 cents per ton.

SB77, s. 3640 Section 3640. 289.63 (8) of the statutes is amended to read:

SB77,1467,12 289.63 (8) Use of groundwater, solid waste capacity and well compensation fees. The groundwater fees collected under sub. (2) shall be credited to the environmental fund for groundwater environmental management. The well compensation and solid waste capacity fees collected under sub. (2) shall be credited to the environmental fund for environmental repair management.

SB77, s. 3641 Section 3641. 289.67 (1) (h) of the statutes is amended to read:

SB77,1467,15 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental repair management.

SB77, s. 3642 Section 3642. 289.67 (2) (c) 5. of the statutes is created to read:

SB77,1467,19 289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a program for the collection and disposal of chemicals that are used for agricultural purposes, including pesticides, as defined in s. 94.67 (25).

SB77, s. 3643 Section 3643. 289.67 (2) (e) of the statutes is amended to read:

SB77,1467,22 289.67 (2) (e) All moneys received under this subsection shall be credited to the environmental fund for environmental repair management.

SB77, s. 3644 Section 3644. 289.67 (3) (c) of the statutes is amended to read:

SB77,1468,3 289.67 (3) (c) Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental repair management.

SB77, s. 3645 Section 3645. 289.67 (4) (c) of the statutes is amended to read:

SB77,1468,7 289.67 (4) (c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental repair management.

SB77, s. 3646 Section 3646. 291.15 (2) (d) of the statutes is amended to read:

SB77,1469,3 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall release to the department of industry, labor and job development records and other information granted confidential status under this subsection if requested by the department of industry, labor and job development under s. 49.22 (2m).

SB77, s. 3647 Section 3647. 291.97 (2) (b) (intro.) of the statutes is amended to read:

SB77,1469,7 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 5 7 years and 6 months or both:

SB77, s. 3648 Section 3648. 291.97 (2) (c) of the statutes is amended to read:

SB77,1469,11 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year in the Wisconsin state prisons 2 years or both.

SB77,1469,14 2. For a 2nd or subsequent violation under par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 10 15 years or both.

SB77, s. 3649 Section 3649. 292.01 (18) of the statutes is amended to read:

SB77,1469,17 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

SB77, s. 3650 Section 3650. 292.11 (6) (c) 1. of the statutes is amended to read:

SB77,1469,20 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be credited to the environmental fund for environmental repair management.

SB77, s. 3651 Section 3651. 292.11 (7) (d) of the statutes is created to read:

SB77,1470,2 292.11 (7) (d) The department may negotiate and enter into an agreement containing a schedule for conducting the actions required under sub. (3) with a person who possessed or controlled a hazardous substance that was discharged or who caused the discharge of a hazardous substance if the discharge does not endanger public health.

SB77, s. 3652 Section 3652. 292.11 (7) (e) of the statutes is created to read:

SB77,1470,6 292.11 (7) (e) If a person violates an order under par. (c) or an agreement under par. (d), the department may refer the matter to the department of justice for enforcement under s. 299.95.

SB77, s. 3653 Section 3653. 292.11 (8m) of the statutes is created to read:

SB77,1470,11 292.11 (8m) Delay for certain persons. (a) A person who discovers a discharge of a hazardous substance on property owned by the person as a result of conducting an environmental investigation of the property may delay taking the actions required under sub. (3) if all of the following apply:

SB77,1470,13 1. The person provides the department with a legal description of the property and a summary of the environmental investigation.

SB77,1470,15 2. The department determines that the discharge does not pose an immediate and direct threat to human health or the environment.

SB77,1470,18 3. The person does not take any action that increases the rate of migration of the hazardous substance or that otherwise worsens the effect of the discharge on human health or the environment.

SB77,1470,24 4. The person negotiates with the department concerning an agreement containing a schedule for conducting the actions required under sub. (3) and enters into the agreement within 3 years of conducting the environmental investigation, except that a person who is a voluntary party, as defined in s. 292.15 (1) (f), is not required to enter into the agreement until 6 years after conducting the environmental investigation.

SB77,1471,3 (b) The department may not issue an order under sub. (7) (c), and sub. (7) (b) does not apply, to a person to whom par. (a) applies unless the person violates the agreement under par. (a) 4.

SB77,1471,7 (c) The department may charge fees, in accordance with rules that it promulgates, to offset the costs that it incurs reviewing investigations submitted under par. (a) 1, making determinations under par. (a) 2. and negotiating agreements under par. (a) 4.

SB77, s. 3654 Section 3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:

SB77,1471,11 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431 or a public body designated by a municipality under s. 66.435 (4).

SB77, s. 3655 Section 3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

SB77,1471,16 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the municipality local governmental unit before, on or after May 13, 1994, in any of the following ways:

SB77, s. 3656 Section 3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

SB77,1471,19 292.11 (9) (e) 1m. b. From a municipality local governmental unit that acquired the property under a method described in subd. 1m. a.

SB77, s. 3657 Section 3657. 292.11 (9) (e) 1s. of the statutes is created to read:

SB77,1472,3 292.11 (9) (e) 1s. An economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after the effective date of this subdivision .... [revisor inserts date], if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

SB77, s. 3658 Section 3658. 292.11 (9) (e) 2. of the statutes is amended to read:

SB77,1472,6 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to a discharge of a hazardous substance caused by any of the following:

SB77,1472,7 a. An action taken by the municipality local governmental unit or corporation.

SB77,1472,10 b. A failure of the municipality local governmental unit or corporation to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.

SB77,1472,13 c. A failure of the municipality local governmental unit or corporation to sample and analyze unidentified substances in containers stored aboveground on the property.

SB77,1472,17 d. A failure of the municipality local governmental unit or corporation to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.

SB77, s. 3659 Section 3659. 292.11 (9) (e) 3. of the statutes is created to read:

SB77,1472,21 292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a discharge of a hazardous substance from an underground storage tank that is regulated under 42 USC 6991 to 6991i.

SB77, s. 3660 Section 3660. 292.11 (9) (e) 4. of the statutes is created to read:

SB77,1473,3 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit to take that necessary action and the local governmental unit does not take that action as directed.

SB77, s. 3661 Section 3661. 292.13 of the statutes is created to read:

SB77,1473,8 292.13 Property affected by off-site discharge. (1) Exemption from liability. 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 or groundwater on property owned by the person if all of the following apply:

SB77,1473,10 (a) The discharge of the hazardous substance originated from a source on property that is owned by another.

SB77,1473,12 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

SB77,1473,17 (2) Determinations concerning liability. The department shall, upon request, issue a written determination that, based on information available to the department, a person owning property on which a hazardous substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if all of the following apply:

SB77,1473,19 (a) The department determines that the person is exempt from liability under sub. (1).