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
.
SB77, s. 3691 9Section 3691. 292.35 (2) of the statutes is amended to read:
SB77,1482,1210 292.35 (2) Applicability. This section only applies to a site or facility if the site
11or facility is owned by a political subdivision local governmental unit. This section
12does not apply to a landfill until January 1, 1996.
SB77, s. 3692 13Section 3692. 292.35 (2g) (a) of the statutes is amended to read:
SB77,1482,1814 292.35 (2g) (a) A political subdivision local governmental unit that intends to
15use the cost recovery procedures in this section shall attempt to identify all
16responsible parties. All information obtained by the political subdivision local
17governmental unit
regarding responsible parties is a public record and may be
18inspected and copied under s. 19.35.
SB77, s. 3693 19Section 3693. 292.35 (2g) (b) (intro.) of the statutes is amended to read:
SB77,1483,220 292.35 (2g) (b) (intro.) Upon the request of an employe or authorized
21representative of the political subdivision local governmental unit, or pursuant to a
22special inspection warrant under s. 66.122, any person who generated, transported,
23treated, stored or disposed of a hazardous substance that may have been disposed
24of or discharged at the site or facility or who is or was an owner or operator shall

1provide the employe or authorized representative access to any records or documents
2in that person's custody, possession or control that relate to all of the following:
SB77, s. 3694 3Section 3694. 292.35 (2g) (c) of the statutes is amended to read:
SB77,1483,74 292.35 (2g) (c) The political subdivision local governmental unit shall maintain
5a single repository that is readily accessible to the public for all documents related
6to responsible parties, the investigation, the remedial action and plans for
7redevelopment of the property.
SB77, s. 3695 8Section 3695. 292.35 (2r) (a) of the statutes is amended to read:
SB77,1483,109 292.35 (2r) (a) The political subdivision local governmental unit shall, in
10consultation with the department, prepare a draft remedial action plan.
SB77, s. 3696 11Section 3696. 292.35 (2r) (b) of the statutes is amended to read:
SB77,1483,2312 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.
SB77, s. 3697 24Section 3697. 292.35 (2r) (c) of the statutes is amended to read:
SB77,1484,6
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.
SB77, s. 3698 7Section 3698. 292.35 (3) (a) (intro.) of the statutes is amended to read:
SB77,1484,158 292.35 (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:
SB77, s. 3699 16Section 3699. 292.35 (3) (a) 2. of the statutes is amended to read:
SB77,1484,1917 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
.
SB77, s. 3700 20Section 3700. 292.35 (3) (a) 3. of the statutes is amended to read:
SB77,1484,2321 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.
SB77, s. 3701 24Section 3701. 292.35 (3) (b) of the statutes is amended to read:
SB77,1485,6
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.
SB77, s. 3702 7Section 3702. 292.35 (3) (c) of the statutes is amended to read:
SB77,1485,198 292.35 (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.
SB77, s. 3703 20Section 3703. 292.35 (3) (d) of the statutes is amended to read:
SB77,1485,2421 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.
SB77, s. 3704 25Section 3704. 292.35 (3) (e) of the statutes is amended to read:
SB77,1486,9
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.
SB77, s. 3705 10Section 3705. 292.35 (4) (a) of the statutes is amended to read:
SB77,1486,2011 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.
SB77, s. 3706 21Section 3706. 292.35 (4) (d) of the statutes is amended to read:
SB77,1487,222 292.35 (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.
SB77, s. 3707 3Section 3707. 292.35 (5) of the statutes is amended to read:
SB77,1487,114 292.35 (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.
SB77, s. 3708 12Section 3708. 292.35 (6) (a) of the statutes is amended to read:
SB77,1488,213 292.35 (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.
SB77, s. 3709 3Section 3709. 292.35 (6) (b) of the statutes is amended to read:
SB77,1488,114 292.35 (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.
SB77, s. 3710 12Section 3710. 292.35 (7) of the statutes is amended to read:
SB77,1488,2513 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.
SB77, s. 3711
1Section 3711. 292.35 (8) (b) (intro.) of the statutes is amended to read:
SB77,1489,42 292.35 (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:
SB77, s. 3712 5Section 3712. 292.35 (8) (b) 1. of the statutes is amended to read:
SB77,1489,106 292.35 (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.
SB77, s. 3713 11Section 3713. 292.35 (8) (b) 2. of the statutes is amended to read:
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