SB77,1472,321
292.11
(9) (e) 1s. An economic development corporation described in section
501 22(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
23taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly
24owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
25and (c) with respect to property acquired before, on or after the effective date of this
1subdivision .... [revisor inserts date], if the property is acquired to further the
2economic development purposes that qualify the corporation as exempt from federal
3taxation.
SB77, s. 3658
4Section
3658. 292.11 (9) (e) 2. of the statutes is amended to read:
SB77,1472,65
292.11
(9) (e) 2.
Subdivision 1. does
Subdivisions 1m. and 1s. do not apply to
6a discharge of a hazardous substance caused by any of the following:
SB77,1472,77
a. An action taken by the
municipality local governmental unit or corporation.
SB77,1472,108
b. A failure of the
municipality local governmental unit or corporation to take
9appropriate action to restrict access to the property in order to minimize costs or
10damages that may result from unauthorized persons entering the property.
SB77,1472,1311
c. A failure of the
municipality local governmental unit or corporation to sample
12and analyze unidentified substances in containers stored aboveground on the
13property.
SB77,1472,1714
d. A failure of the
municipality local governmental unit or corporation to
15remove and properly dispose of, or to place in a different container and properly store,
16any hazardous substance stored aboveground on the property in a container that is
17leaking or is likely to leak.
SB77, s. 3659
18Section
3659. 292.11 (9) (e) 3. of the statutes is created to read:
SB77,1472,2119
292.11
(9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
20discharge of a hazardous substance from an underground storage tank that is
21regulated under
42 USC 6991 to
6991i.
SB77, s. 3660
22Section
3660. 292.11 (9) (e) 4. of the statutes is created to read:
SB77,1473,323
292.11
(9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
24intended development and use of the property, the department determines that
25action is necessary to reduce to acceptable levels any substantial threat to public
1health or safety when the property is developed or put to that intended use, the
2department directs the local governmental unit to take that necessary action and the
3local governmental unit does not take that action as directed.
SB77, s. 3661
4Section
3661. 292.13 of the statutes is created to read:
SB77,1473,8
5292.13 Property affected by off-site discharge. (1) Exemption from
6liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
7to the existence of a hazardous substance in the soil or groundwater on property
8owned by the person if all of the following apply:
SB77,1473,109
(a) The discharge of the hazardous substance originated from a source on
10property that is owned by another.
SB77,1473,1211
(b) The person did not possess or control the hazardous substance on the
12property on which the discharge originated or cause the original discharge.
SB77,1473,17
13(2) Determinations concerning liability. The department shall, upon request,
14issue a written determination that, based on information available to the
15department, a person owning property on which a hazardous substance exists in the
16soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if all of the
17following apply:
SB77,1473,1918
(a) The department determines that the person is exempt from liability under
19sub. (1).
SB77,1473,2220
(b) The person agrees to allow the department and any authorized
21representatives of the department to enter the property to take action under s. 292.11
22(7) (a) to respond to the discharge.
SB77,1473,2523
(c) The person agrees to avoid any interference with action under s. 292.11 (7)
24(a) undertaken by, or at the direction of, the department and to avoid actions that
25worsen the discharge.
SB77,1474,3
1(d) The person agrees to any other condition that the department determines
2is reasonable and necessary to ensure that the department can adequately respond
3under s. 292.11 (7) (a) to the discharge.
SB77,1474,5
4(3) Fees. The department may, in accordance with rules that it promulgates,
5assess and collect fees to offset the costs of issuing determinations under sub. (2).
SB77, s. 3662
6Section
3662. 292.15 (title) of the statutes is amended to read:
SB77,1474,8
7292.15 (title)
Remediated property; purchaser Voluntary party
8remediation and exemption from liability.
SB77, s. 3663
9Section
3663. 292.15 (1) (c) (intro.) of the statutes is repealed.
SB77, s. 3664
10Section
3664. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.
SB77, s. 3665
11Section
3665. 292.15 (1) (c) 2. of the statutes is repealed.
SB77, s. 3666
12Section
3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1.
13and amended to read:
SB77,1474,1514
292.15
(1) (f) 1. The person did not
otherwise cause the
release discharge of a
15hazardous substance on the property.
SB77, s. 3667
16Section
3667. 292.15 (1) (f) (intro.) of the statutes is created to read:
SB77,1474,1817
292.15
(1) (f) (intro.) "Voluntary party" means a person to whom all of the
18following apply:
SB77, s. 3668
19Section
3668. 292.15 (1) (f) 2. of the statutes is created to read:
SB77,1474,2120
292.15
(1) (f) 2. The person did not control, prior to its discharge, a hazardous
21substance that was discharged on the property.
SB77, s. 3669
22Section
3669. 292.15 (2) (a) of the statutes is amended to read:
SB77,1475,423
292.15
(2) (a)
A purchaser Except as provided in sub. (6), a voluntary party is
24exempt from the provisions of
s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25
25(1) to (5), 291.37, 291.85 (2), 291.87 (1m), 292.11 (3), (4) and (7) (b) and (c)
and 292.31
1(8), and rules promulgated under those provisions, with respect to the existence of
2a hazardous substance on the property the release of which occurred prior to the date
3of acquisition of the property, if all of the following occur at any time before or after
4the date of acquisition:
SB77,1475,95
1.
The purchaser conducts a thorough An environmental investigation of the
6property
is conducted that is approved by the department
or the person from whom
7the purchaser acquires the property conducts a thorough environmental
8investigation of the property under a contract with the purchaser and the
9investigation is approved by the department.
SB77,1475,1410
2. Except as provided in sub. (4), the
purchaser cleans up the property
is
11cleaned up by restoring the environment
to the extent practicable and minimizing
12the harmful effects from a
release discharge of
a the hazardous substance in
13accordance with rules promulgated by the department and any contract entered into
14under those rules.
SB77,1475,1815
3. The
purchaser voluntary party obtains a
certification certificate of
16completion from the department that the property has been satisfactorily restored
17to the extent practicable and that the harmful effects from a
release discharge of a
18hazardous substance have been minimized.
SB77,1475,2119
4. The
purchaser voluntary party maintains and monitors the property as
20required under rules promulgated by the department and any contract entered into
21under those rules.
SB77,1475,2322
5. The
purchaser voluntary party does not engage in activities that are
23inconsistent with the maintenance of the property.
SB77,1476,324
6. The
purchaser voluntary party has not obtained the certification under subd.
253. by fraud or misrepresentation, by the knowing failure to disclose material
1information or under circumstances in which the
purchaser voluntary party knew
2or should have known about more
environmental pollution discharges of hazardous
3substances than
was were revealed by the investigation conducted under subd. 1.
SB77, s. 3670
4Section
3670. 292.15 (2) (am) of the statutes is created to read:
SB77,1476,125
292.15
(2) (am) The department may approve a partial cleanup and issue a
6certificate of completion as provided in par. (a) that states that not all of the property
7has been satisfactorily restored or that not all of the harmful effects from a discharge
8of a hazardous substance have been minimized. Approval of a partial cleanup
9exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c)
10with respect to the portion of the property or hazardous substances cleaned up under
11this paragraph. In addition to meeting the requirements of par. (a), a certificate for
12a partial cleanup under this paragraph may be issued only if:
SB77,1476,1713
1. Public health, safety or the environment will not be endangered by any
14hazardous substances remaining on the property after the partial cleanup, given the
15manner in which the property will be developed and used and any other factors that
16the department considers relevant to the endangerment of public health, safety or
17the environment.
SB77,1476,2118
2. The activities associated with any proposed use or development of the
19property will not aggravate or contribute to the discharge of a hazardous substance
20and will not unduly interfere with, or increase the costs of, restoring the property and
21minimizing the harmful effects of the discharge of a hazardous substance.
SB77,1477,222
3. The owner of the property agrees to cooperate with the department to
23address problems caused by hazardous substances remaining on the property. Such
24cooperation shall include allowing access to the property or allowing the department
1or its agents to undertake activities on the property, including placement of borings,
2equipment and structures on the property.
SB77, s. 3671
3Section
3671. 292.15 (2) (ar) of the statutes is created to read:
SB77,1477,64
292.15
(2) (ar) The department may require the owner of the property to grant
5an easement or other interest in the property for any of the purposes specified in par.
6(am) as a condition of issuing a certificate under par. (am).
SB77, s. 3672
7Section
3672. 292.15 (2) (b) (intro.) of the statutes is amended to read:
SB77,1477,118
292.15
(2) (b) (intro.) The
exemption
exemptions provided in
par. pars. (a)
9continues and (am) continue to apply after the date of certification by the department
10under par. (a) 3.
, or approval by the department under par. (am), notwithstanding
11the occurrence of any of the following:
SB77, s. 3673
12Section
3673. 292.15 (2) (b) 1. to 3. of the statutes are amended to read:
SB77,1477,1513
292.15
(2) (b) 1. Statutes, rules or regulations are created or amended that
14would impose greater responsibilities on the
purchaser
voluntary party than those
15imposed under par. (a) 2.
SB77,1477,1916
2. The
purchaser voluntary party fully complies with the rules promulgated by
17the department and any contract entered into under those rules under par. (a) 2. but
18it is discovered that the cleanup fails to fully restore the environment and minimize
19the effects from a
release discharge of a hazardous substance.
SB77,1477,2220
3. The contamination from a hazardous substance that is the subject of the
21cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the
22purchaser voluntary party and the department.
SB77, s. 3674
23Section
3674. 292.15 (2) (c) of the statutes is amended to read:
SB77,1478,224
292.15
(2) (c) The department of justice may not commence an action under
42
25USC 9607 against any
purchaser voluntary party meeting the criteria of this
1subsection to recover costs for which the
purchaser voluntary party is exempt under
2pars. (a)
, (am) and (b).
SB77, s. 3675
3Section
3675. 292.15 (2) (d) of the statutes is created to read:
SB77,1478,54
292.15
(2) (d) This subsection does not apply to a municipal waste landfill, as
5defined in s. 289.01 (22), or to an approved facility.
SB77, s. 3676
6Section
3676. 292.15 (3) of the statutes is amended to read:
SB77,1478,127
292.15
(3) Successors and assigns. The exemption provided in sub. (2) applies
8to any successor or assignee of the
purchaser voluntary party who qualifies as a
9voluntary party and who complies with the provisions of sub. (2) (a) 4. and 5. unless
10the successor or assignee knows that a
certification
certificate under sub. (2) (a) 3.
11or (am) was obtained by any of the means or under any of the circumstances specified
12in sub. (2) (a) 6.
SB77, s. 3677
13Section
3677. 292.15 (4) of the statutes is amended to read:
SB77,1478,1914
292.15
(4) Limited responsibility. The responsibility of a
purchaser voluntary
15party under sub. (2) (a) 2. may be monetarily limited by agreement between the
16purchaser voluntary party and the department if the
purchaser voluntary party 17purchased the property from a municipality that acquired the property in a way
18described in s. 292.11 (9) (e) 1m. a. or b. The agreement shall stipulate all of the
19following:
SB77,1478,2120
(a) That the
purchaser voluntary party may cease the cleanup when the cost
21of the cleanup equals 125% of the anticipated expense of the cleanup.
SB77,1478,2422
(b) That the
purchaser voluntary party will continue to receive the benefit of
23the exemption under sub. (2) (a) after cessation of the cleanup if the
purchaser 24voluntary party complies with sub. (2) (a) 4. and 5.
SB77,1479,4
1(c) That, if the
purchaser voluntary party ceases the cleanup, the
purchaser 2voluntary party shall use reasonable efforts to sell the property in accordance with
3rules of the department that define "reasonable efforts" in a manner substantively
4equivalent to
40 CFR 300.1100 (d) (2) (i).
SB77, s. 3678
5Section
3678. 292.15 (5) of the statutes is amended to read:
SB77,1479,106
292.15
(5) Fees. The department may, in accordance with rules that it
7promulgates, assess and collect fees from a
purchaser
voluntary party to offset the
8cost of the department's activities under subs. (2) and (4). The fees may include an
9advance deposit, from which the department shall return the amount in excess of the
10cost of the department's activities under subs. (2) and (4).
SB77, s. 3679
11Section
3679. 292.15 (6) of the statutes is created to read:
SB77,1479,1412
292.15
(6) Liens. This section does not exempt property from any lien filed
13under s. 292.81 (3) for costs incurred by the department prior to the date that
14certification is issued under sub. (2) (a) 3.
SB77, s. 3680
15Section
3680. 292.19 of the statutes is created to read:
SB77,1479,20
16292.19 Responsibility of persons conducting investigations. (1) For
17purposes of this chapter, a person who conducts an investigation of property to
18determine the existence of, or to obtain information about, a discharge of a hazardous
19substance does not possess or control the hazardous substance or cause the discharge
20of the hazardous substance as the result of conducting the investigation.
SB77,1479,22
21(2) Subsection (1) does not apply if the person who conducts the investigation
22physically causes a discharge or exacerbates an existing discharge.
SB77, s. 3681
23Section
3681. 292.21 (1) (c) 1. d. of the statutes is amended to read:
SB77,1480,1824
292.21
(1) (c) 1. d. The lender conducts an environmental assessment of the real
25property in accordance with subd. 2.
at any time, but not more than 90 days after the
1date the lender acquires title to, or possession or control of, the real property
and
2files. The lender shall file a complete copy of the environmental assessment with the
3department not more than 180 days after the date the lender acquires title to, or
4possession or control of, the real property.
If an environmental assessment is
5conducted more than one year before the date on which the lender acquires title to,
6or possession or control of, the real property, the exemption under this subd. 1. d.
7applies only if the lender does all of the following: visually inspects the property in
8accordance with subd. 2. a. and b. after the date on which the lender acquires title
9to, or possession or control of, the real property to verify the environmental
10assessment; submits a complete copy of the environmental assessment and the
11results of the visual inspection to the department not later than 90 days after the
12lender acquires title to, or possession or control of, the real property; receives notice
13from the department that the department determines that the environmental
14assessment is adequate or that the department directs the lender to address any
15inadequacies in the environmental assessment; corrects, to the satisfaction of the
16department, any inadequacies of an environmental assessment; and reimburses the
17department for the cost to the department of reviewing materials submitted under
18this subd. 1. d.
SB77, s. 3682
19Section
3682. 292.21 (1) (c) 1. g. of the statutes is created to read:
SB77,1480,2320
292.21
(1) (c) 1. g. The lender permits reasonable access to the property to the
21department and to any party who may have possessed or controlled a hazardous
22substance that is discharged, or who may have caused the discharge of a hazardous
23substance, on the property.
SB77, s. 3683
24Section
3683. 292.24 of the statutes is created to read:
SB77,1481,8
1292.24 Civil immunity; lenders and voluntary parties. Any person who
2is entitled to an exemption under s. 292.15 (2) or 292.21 is immune from any civil
3liability related to a hazardous substance released on real property that the person
4holds title to, or has possession or control of, if the hazardous substance was released
5on the property before the date that the person acquired title to, or possession or
6control of, the property and the person acquired title to, or possession or control of,
7the property after the effective date of this section .... [revisor inserts date]. This
8section does not provide any immunity from liability under a contract.
SB77, s. 3684
9Section
3684. 292.31 (2) (f) of the statutes is repealed.
SB77, s. 3685
10Section
3685. 292.31 (7) (c) 4. of the statutes is amended to read:
SB77,1481,1211
292.31
(7) (c) 4. All moneys received under this paragraph shall be credited to
12the environmental fund for environmental
repair management.
SB77, s. 3686
13Section
3686. 292.31 (8) (g) of the statutes is amended to read:
SB77,1481,1914
292.31
(8) (g)
Disposition of funds. If the original expenditure was made from
15the environmental repair fund, under s. 25.46, 1987 stats., or the environmental
16fund, the net proceeds of the recovery shall be paid into the environmental fund for
17environmental
repair management. If the original expenditure was made from the
18investment and local impact fund, the net proceeds of the recovery shall be paid into
19the investment and local impact fund.
SB77, s. 3687
20Section
3687. 292.35 (title) of the statutes is amended to read:
SB77,1481,22
21292.35 (title)
Political subdivision Local governmental unit
22negotiation and cost recovery.
SB77, s. 3688
23Section
3688. 292.35 (1) (bm) of the statutes is created to read:
SB77,1482,3
1292.35
(1) (bm) "Local governmental unit" means a municipality, a
2redevelopment authority created under s. 66.431 or a public body designated by a
3municipality under s. 66.435 (4).
SB77, s. 3689
4Section
3689. 292.35 (1) (d) of the statutes is repealed.
SB77, s. 3690
5Section
3690. 292.35 (1) (f) of the statutes is amended to read:
SB77,1482,86
292.35
(1) (f) "Site or facility"
has the meaning given in s. 292.61 (1) (b) means
7an approved facility, an approved mining facility, a nonapproved facility, a waste site
8or any site where a hazardous substance is discharged on or after May 21, 1978.