AB133-SSA1,1286,2521 2. The voluntary party obtains a certificate of completion from the department
22stating that the environment has been satisfactorily restored to the extent
23practicable with respect to the discharges and that the harmful effects from the
24discharges have been minimized, except with respect to the hazardous substance for
25which the voluntary party is exempt from liability under s. 292.13 (1).
AB133-SSA1,1287,3
13. The voluntary party obtains a written determination from the department
2under s. 292.13 (2) with respect to the hazardous substance for which the voluntary
3party is exempt from liability under s 292.13 (1).
AB133-SSA1,1287,54 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1)
5(d) to (g).
AB133-SSA1, s. 2593 6Section 2593. 292.15 (2) (am) (intro.) of the statutes is amended to read:
AB133-SSA1,1287,157 292.15 (2) (am) Partial cleanup. (intro.) The department may approve a
8partial cleanup and issue a certificate of completion as provided in par. (a), (ae) or (ag)
9that states that not all of the property has been satisfactorily restored or that not all
10of the harmful effects from a discharge of a hazardous substance have been
11minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37
12(2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property
13or hazardous substances cleaned up under this paragraph. In addition to meeting
14the requirements of par. (a), (ae) or (ag), a certificate for a partial cleanup under this
15paragraph may be issued only if:
AB133-SSA1, s. 2594 16Section 2594. 292.15 (2) (ar) (title) of the statutes is created to read:
AB133-SSA1,1287,1717 292.15 (2) (ar) (title) Condition.
AB133-SSA1, s. 2595 18Section 2595. 292.15 (2) (at) of the statutes is created to read:
AB133-SSA1,1287,2519 292.15 (2) (at) Discharges discovered after environmental investigations.
20Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1),
21(2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and
22(7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with
23respect to a discharge of a hazardous substance on or originating from a property if
24the discharge occurred before the environmental investigation under subd. 1. is
25completed and if all of the following apply:
AB133-SSA1,1288,3
11. An environmental investigation of the property and of any discharges of
2hazardous substances originating from the property is conducted and is approved by
3the department.
AB133-SSA1,1288,64 2. If required by the department, the voluntary party enters into an agreement
5with the department under which the voluntary party agrees to conduct a cleanup
6approved by the department.
AB133-SSA1,1288,127 3. The voluntary party obtains and maintains insurance to cover the costs of
8complying with s. 292.11 (3) with respect to a hazardous substance discharges that
9occurred before the investigation under subd. 1. is completed and that are discovered
10in the course of conducting a cleanup of the property, the insurance complies with
11rules promulgated by the department and the insurance names the voluntary party
12and this state as insureds.
AB133-SSA1,1288,1413 3m. If the department requires the voluntary party to enter into an agreement
14under subd. 2., the voluntary party conducts the agreed upon cleanup.
AB133-SSA1,1288,1715 4. A hazardous substance discharge that occurred before the investigation
16under subd. 1. is completed is discovered after the investigation under subd. 1. is
17approved and before the cleanup is completed.
AB133-SSA1,1288,2218 6. The voluntary party has not obtained approval of the investigation under
19subd. 1. or the agreement under subd. 2. by fraud or misrepresentation, by the
20knowing failure to disclose material information or under circumstances in which
21the voluntary party knew or should have known about more discharges of hazardous
22substances than were revealed by the investigation conducted under subd. 1.
AB133-SSA1, s. 2596 23Section 2596. 292.15 (2) (b) of the statutes is amended to read:
AB133-SSA1,1289,224 292.15 (2) (b) Extent of exemptions. The exemptions provided in pars. (a), (ae),
25(ag)
and (am) continue to apply after the date of certification by the department

1under par. (a) 3., (ae) 3. or (ag) 2., or approval by the department under par. (am),
2notwithstanding the occurrence of any of the following:
AB133-SSA1,1289,53 1. Statutes, rules or regulations are created or amended that would impose
4greater responsibilities on the voluntary party than those imposed under par. (a) 2.,
5(ae) 2. or (ag) 1
.
AB133-SSA1,1289,96 2. The voluntary party fully complies with the rules promulgated by the
7department and any contract entered into under those rules under par. (a) 2., (ae) 2.
8or (ag) 1.
but it is discovered that the cleanup fails to fully restore the environment
9and minimize the effects from a discharge of a hazardous substance.
AB133-SSA1,1289,1210 3. The contamination from a hazardous substance that is the subject of the
11cleanup under par. (a) 2., (ae) 2. or (ag) 1. is discovered to be more extensive than
12anticipated by the voluntary party and the department.
AB133-SSA1, s. 2597 13Section 2597. 292.15 (2) (c) (title) of the statutes is created to read:
AB133-SSA1,1289,1414 292.15 (2) (c) (title) Prohibition on action.
AB133-SSA1, s. 2598 15Section 2598. 292.15 (2) (c) of the statutes is amended to read:
AB133-SSA1,1289,1916 292.15 (2) (c) The department of justice may not commence an action under 42
17USC 9607
against any voluntary party meeting the criteria of this subsection to
18recover costs for which the voluntary party is exempt under pars. (a), (ac), (ag), (am),
19(at)
and (b).
AB133-SSA1, s. 2599 20Section 2599. 292.15 (2) (d) (title) of the statutes is created to read:
AB133-SSA1,1289,2121 292.15 (2) (d) (title) Exception.
AB133-SSA1, s. 2600 22Section 2600. 292.15 (2) (e) of the statutes is created to read:
AB133-SSA1,1290,223 292.15 (2) (e) Contract with insurer. If the department requires insurance
24under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide

1insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties
2to obtain coverage under the contract.
AB133-SSA1, s. 2601 3Section 2601. 292.15 (3) of the statutes is amended to read:
AB133-SSA1,1290,114 292.15 (3) Successors and assigns. The An exemption provided in sub. (2)
5applies to any successor or assignee of the voluntary party who qualifies as a
6voluntary party and who
if the successor or assignee complies with the provisions of
7sub. (2) (a) 4. and 5. unless or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or
8(am) as though the successor or assignee were the voluntary party except that the
9exemption in sub. (2) does not apply if
the successor or assignee knows that a
10certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. or (am) was obtained by any of the
11means or under any of the circumstances specified in sub. (2) (a) 6.
AB133-SSA1, s. 2602 12Section 2602. 292.15 (4) (intro.) of the statutes is amended to read:
AB133-SSA1,1290,1813 292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary
14party under sub. (2) (a) 2. may be monetarily limited by agreement between the
15voluntary party and the department if the voluntary party purchased the property
16from a local governmental unit that acquired the property in a way or for a purpose
17described in s. 292.11 (9) (e) 1m. a., b., c. or d. The agreement shall stipulate all of the
18following:
AB133-SSA1, s. 2603 19Section 2603. 292.15 (5m) of the statutes is repealed.
AB133-SSA1, s. 2604 20Section 2604. 292.15 (6) of the statutes is renumbered 292.15 (6) (a) and
21amended to read:
AB133-SSA1,1290,2422 292.15 (6) (a) This section does not exempt property from any lien filed under
23s. 292.81 (3) for costs incurred by the department prior to the date that certification
24is issued under sub. (2) (a) 3., (ae) 3. or (ag) 2.
AB133-SSA1, s. 2605 25Section 2605. 292.15 (6) (b) of the statutes is created to read:
AB133-SSA1,1291,4
1292.15 (6) (b) This section does not exempt property from any lien filed under
2s. 292.81 (3) for costs that are incurred by the department with respect to a hazardous
3substance discharge described in sub. (2) (at) 3. and that are not covered by insurance
4required by sub. (2) (at) 3.
AB133-SSA1, s. 2606 5Section 2606. 292.21 (1) (c) 1. b. of the statutes is repealed.
AB133-SSA1, s. 2607 6Section 2607. 292.21 (1) (c) 1. g. of the statutes is created to read:
AB133-SSA1,1291,117 292.21 (1) (c) 1. g. The lender agrees to allow the department, any authorized
8representatives of the department, any party that possessed or controlled the
9hazardous substance or caused the discharge of the hazardous substance and any
10consultant or contractor of such a party to enter the real property to take action to
11respond to the discharge.
AB133-SSA1, s. 2608 12Section 2608. 292.21 (1) (c) 1. h. of the statutes is created to read:
AB133-SSA1,1291,1513 292.21 (1) (c) 1. h. The lender agrees to avoid any interference with action
14undertaken to respond to the discharge and to avoid actions that worsen the
15discharge.
AB133-SSA1, s. 2609 16Section 2609. 292.21 (1) (c) 1. i. of the statutes is created to read:
AB133-SSA1,1291,1917 292.21 (1) (c) 1. i. The lender agrees to any other condition that the department
18determines is reasonable and necessary to ensure that the department or other
19person described in subd. 1. g. can adequately respond to the discharge.
AB133-SSA1, s. 2610 20Section 2610. 292.24 of the statutes is created to read:
AB133-SSA1,1291,23 21292.24 Responsibility of local governmental units; hazardous waste.
22(1) Definition. In this section, "local governmental unit" has the meaning given in
23s. 292.11 (9) (e) 1.
AB133-SSA1,1292,4 24(2) Exemption from liability. Except as provided in sub. (3), a local
25governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules

1promulgated under those provisions, with respect to the existence of a hazardous
2waste discharge on property acquired in a way or for a purpose described in s. 292.11
3(9) (e) 1m., if all of the following occur at any time before or after the date of
4acquisition:
AB133-SSA1,1292,75 (a) An environmental investigation of the property is conducted that is
6approved by the department and that identifies any hazardous waste discharges
7that occurred on the property.
AB133-SSA1,1292,128 (b) The hazardous waste discharges identified by the investigation under par.
9(a) are cleaned up by restoring the environment to the extent practicable with respect
10to the discharges and minimizing the harmful effects from the discharges in
11accordance with rules promulgated by the department and any contract entered into
12under those rules.
AB133-SSA1,1292,1613 (c) The local governmental unit obtains an approval from the department
14stating that the property has been satisfactorily restored to the extent practicable
15with respect to the hazardous waste discharges and that the harmful effects from the
16discharges have been minimized.
AB133-SSA1,1292,1917 (d) The local governmental unit maintains and monitors the property as
18required under rules promulgated by the department and any contract entered into
19under those rules.
AB133-SSA1,1292,2120 (e) The local governmental unit does not engage in activities that are
21inconsistent with the maintenance of the property.
AB133-SSA1,1293,222 (f) The local governmental unit has not obtained the certification under par. (c)
23by fraud or misrepresentation, by the knowing failure to disclose material
24information or under circumstances in which the local governmental unit knew or

1should have known about more discharges of hazardous waste than were revealed
2by the investigation conducted under par. (a).
AB133-SSA1,1293,43 (g) The local governmental unit did not cause the discharge of any hazardous
4waste identified on the property.
AB133-SSA1,1293,5 5(3) Applicability. Subsection (2) does not apply to any of the following:
AB133-SSA1,1293,76 (a) A hazardous waste treatment, storage or disposal facility that first begins
7operation after the date on which the local governmental unit acquired the property.
AB133-SSA1,1293,118 (b) A licensed hazardous waste treatment, storage or disposal facility operated
9on the property before the date on which the local governmental unit acquired the
10property and that is operated after the date on which the local governmental unit
11acquired the property.
AB133-SSA1,1293,1412 (c) Any hazardous waste disposal facility that has been issued a license under
13s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
14sections, for a period of long-term care following closure of the facility.
AB133-SSA1, s. 2611 15Section 2611. 292.25 of the statutes is created to read:
AB133-SSA1,1293,17 16292.25 Report on impact of exemptions from liability. (1) The
17department shall biennially determine all of the following:
AB133-SSA1,1293,1918 (a) The number of sites for which a person is seeking to qualify for an exemption
19under s. 292.15.
AB133-SSA1,1293,2120 (b) The number of sites for which a certificate of completion was issued under
21s. 292.15.
AB133-SSA1,1293,2422 (c) The number of sites for which a certificate of completion was issued under
23s. 292.15 at which it is discovered that the cleanup failed or at which additional
24hazardous substances are found after the certificate of completion was issued.
AB133-SSA1,1294,3
1(d) The number of sites described in par. (b) at which the department has
2determined that it is necessary to conduct remedial action using moneys from the
3environmental fund and the estimated costs of performing that remedial action.
AB133-SSA1,1294,54 (e) The number of sites for which a claim was made against an insurance policy
5required under s. 292.15.
AB133-SSA1,1294,8 6(2) No later than September 15 of each even-numbered year, the department
7shall submit a report describing its determinations under sub. (1) to the legislature
8under s. 13.172 (2), to the governor and to the department of administration.
AB133-SSA1,1294,10 9(3) The department may require a person to provide information necessary for
10the department to make the determinations under sub. (1).
AB133-SSA1, s. 2611d 11Section 2611d. 292.255 of the statutes is created to read:
AB133-SSA1,1294,18 12292.255 Report on brownfield efforts. On or before June 30 annually, the
13department of natural resources, the department of administration, the department
14of commerce, the department of revenue and the department of transportation shall
15submit a report to the appropriate standing committees of the legislature under s.
1613.172 (3) and to the joint committee on finance evaluating the effectiveness of this
17state's efforts to remedy the contamination of, and to redevelop, brownfields, as
18defined in s. 560.60 (1v).
AB133-SSA1, s. 2612 19Section 2612. 292.33 of the statutes is created to read:
AB133-SSA1,1294,22 20292.33 Local government cost recovery cause of action. (1) Definition.
21 In this section "local governmental unit" has the meaning given in s. 292.11 (9) (e)
221.
AB133-SSA1,1295,2 23(2) Cause of action. Except as provided in sub. (6), a local governmental unit
24may recover costs as provided in sub. (4) from a responsible person described in sub.

1(3) if the costs are incurred in connection with a property acquired as provided in s.
2292.11 (9) (e) 1m. on which a hazardous substance has been discharged.
AB133-SSA1,1295,5 3(3) Responsible persons. (a) Except as provided in par. (b), a local
4governmental unit may recover costs in an action under this section from any of the
5following:
AB133-SSA1,1295,86 1. A person who, at the time that the local governmental unit acquired the
7property, possessed or controlled the hazardous substance that was discharged on
8the property.
AB133-SSA1,1295,109 2. A person who caused the discharge of the hazardous substance on the
10property.
AB133-SSA1,1295,1411 (b) A local governmental unit may not recover costs in an action under sub. (2)
12from a person described in par. (a) if the person qualifies for an exemption under s.
13292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge
14that is the subject of the action.
AB133-SSA1,1295,17 15(4) Recoverable costs. (a) Except as provided in par. (b), in an action under
16this section a local governmental unit may recover the reasonable and necessary
17costs that it incurs for all of the following:
AB133-SSA1,1295,1918 1. Investigating environmental contamination on the property and planning
19remedial activities described in subd. 2.
AB133-SSA1,1295,2120 2. Conducting remedial activities to restore the property for its intended future
21use.
AB133-SSA1,1295,2422 3. Administering the activities under subds. 1. and 2. and bringing the action
23under this section, including costs, disbursements and engineering fees but
24excluding attorney fees.
AB133-SSA1,1296,2
1(b) The costs determined under par. (a) shall be reduced by the fair market
2value of the property after completion of the activities under par. (a) 2.
AB133-SSA1,1296,53 (c) Recoverable costs under this subsection may not be reduced by the amount
4of any state or federal moneys received by the local governmental unit for any of the
5activities under par. (a).
AB133-SSA1,1296,116 (d) 1. In an action under this section, the liability of a responsible person
7described in sub. (3) (a) 2. is limited to the amount that bears the same proportion
8to the total costs under par. (a), adjusted as provided in par. (b), as the amount of the
9environmental pollution on the property from the discharge caused by the
10responsible person bears to all of the environmental pollution on the property from
11discharges of hazardous substances.
AB133-SSA1,1296,1512 2. In an action under this section, the liability of a responsible person described
13in sub. (3) (a) 1. is limited to the amount of the total costs under par. (a), adjusted as
14provided in par. (b), that the local governmental unit is unable to recover from
15responsible parties described in sub. (3) (a) 2.
AB133-SSA1,1296,22 16(5) Repaying state assistance. If a local governmental unit that recovers costs
17under this section received money from this state, other than under s. 292.11 (7) or
18292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental
19unit shall reimburse to the state an amount that bears the same proportion to the
20total amount recovered under this section as the amount received from the state,
21other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under
22sub. (4) (a) adjusted as provided in sub. (4) (b).
AB133-SSA1,1297,3 23(6) Exception. A local governmental unit may not recover costs under this
24section for remedial activities conducted on a property or portion of a property with
25respect to a discharge after the department of natural resources, the department of

1commerce or the department of agriculture, trade and consumer protection has
2indicated that no further remedial activities are necessary on the property or portion
3of the property with respect to the discharge.
AB133-SSA1,1297,6 4(7) Limitation of action. An action under this section shall be commenced
5within 6 years after the date that the local governmental unit completes the
6activities under sub. (4) (a) 2. or be barred.
AB133-SSA1, s. 2613 7Section 2613. 292.57 of the statutes is created to read:
AB133-SSA1,1297,11 8292.57 Database of properties on which groundwater standards are
9exceeded.
(1) In this section, "groundwater standard" means an enforcement
10standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s.
11160.01 (6).
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