AB133-SSA1,1298,1212
292.65
(1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).
AB133-SSA1,1298,1614
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(1) (i) 1. b. A dry cleaning facility that has ceased operation but that,
15if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2)
16before it ceased operation.
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(1) (i) 3. A person who owns the property on which one of the following
19is located:
AB133-SSA1,1298,2020
a. A dry cleaning facility that is licensed under s. 77.9961 (2).
AB133-SSA1,1298,2221
b. A dry cleaning facility that has ceased operation but that was licensed under
22s. 77.9961 (2) before it ceased operation.
AB133-SSA1,1299,224
292.65
(1) (L) "Service provider" means a consultant, testing laboratory,
25monitoring well installer, soil boring contractor, other contractor
, lender or any other
1person who provides a product or service for which an application for reimbursement
2has been or will be filed under this section, or a subcontractor of such a person.
AB133-SSA1,1299,64
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(3) (am) 2. The department shall pay an award for immediate action
5activities.
For the purposes of this subdivision, removal of contaminated soils and
6recovery of free dry cleaning solvent are not considered immediate action activities.
AB133-SSA1, s. 2622
7Section
2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to
8read:
AB133-SSA1,1299,119
292.65
(3) (am) 3. After paying awards for immediate action activities, the
10department shall do the following with the remaining funds available for awards
11under this section:
AB133-SSA1,1299,1412
a. In the program year that begins on July 1, 1999, provide 75% to pay awards
13for eligible costs incurred before October 14, 1997, and provide 25% to pay awards
14for eligible costs incurred on or after October 14, 1997.
AB133-SSA1,1299,1715
b. In the program year that begins on July 1, 2000, provide 50% to pay awards
16for eligible costs incurred before October 14, 1997, and provide 50% to pay awards
17for eligible costs incurred on or after October 14, 1997.
AB133-SSA1,1299,2018
c. In the program year that begins on July 1, 2001, and every program year
19thereafter, provide at least 70% as awards to pay eligible costs incurred on or after
20October 14, 1997.
AB133-SSA1,1299,2522
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(4) (m)
Notification of insurance claims and receipt of proceeds. An
23owner or operator shall notify the department of any insurance claim made to cover
24eligible costs, the status of the claim, and, if the owner or operator has received any
25insurance proceeds arising from the claim, the amount of the proceeds.
AB133-SSA1,1300,52
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(4) (n)
Notification of intent to file suit. An owner or operator shall
3notify the department of the owner's or operator's intent to file suit against an
4insurance company for the purpose of recovering the proceeds of an insurance policy
5intended to cover any eligible costs.
AB133-SSA1,1300,1010
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(7) (c) 6. Costs of financing eligible activities.
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(8) (a) 4m. If the owner or operator receives any proceeds arising from
13an insurance claim for any eligible costs, a record of the payment.
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(8) (d) 8. The dry cleaning solvent discharge was caused by a person who
16provided services or products to the owner or operator or to a prior owner or operator
17of the dry cleaning facility
, including a person who provided perchloroethylene to the
18owner or operator or prior owner or operator of a dry cleaning facility using a system
19other than a closed, direct-coupled delivery system.
AB133-SSA1, s. 2637
20Section
2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to
21read:
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(8) (e) 3a. If eligible costs are $200,000 or less, $10,000.
AB133-SSA1,1300,2524
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(8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000,
25$10,000 plus 8% of the amount by which eligible costs exceed $200,000.
AB133-SSA1,1301,32
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(8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the
3amount by which eligible costs exceed $400,000.
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(8) (e) 3b.
For each year in which the owner or operator has not paid the
6annual license fee under s. 77.9961 (1) for the dry cleaning facility, an An amount
7equal to
30 times the average annual license fee paid under s. 77.9961 (1) for
that the 8year
in which an award is made.
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(8) (e) 3c.
For each year in which the dry cleaning solvents fee under s.
1177.9962 was imposed and the dry cleaning facility was not in operation, an An 12amount equal to
30 times the total amount collected under s. 77.9962 for
that the 13year
in which an award is made divided by the number of dry cleaning facilities in
14operation during that year.
AB133-SSA1,1301,2216
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(8) (j) 4. If, prior to receiving an award under this section, an owner or
17operator receives payment from an insurance company arising out of a claim for
18payment of any eligible costs, the department may not reimburse the owner or
19operator any amount that exceeds the difference between the amount of the award
20calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the
21insurance payment exceeds the sum of the deductible and the amount by which the
22amount calculated under par. (e) exceeds the maximum award under par. (f).
AB133-SSA1,1302,524
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(8m) Reimbursement of insurance proceeds. If, after the owner or
25operator receives an award under this section, the owner or operator receives
1payment from an insurance company arising out of a claim for payment of any
2eligible costs, the owner or operator shall pay to the department the amount by which
3the insurance payment exceeds the sum of the deductible and the amount by which
4the amount calculated under par. (e) exceeds the maximum award under par. (f), but
5not more than the amount of the award received.
AB133-SSA1,1302,137
292.65 (9m)
Subrogation. The department is subrogated to the rights of an
8applicant who obtains an award under this section or s. 292.66 in an amount equal
9to the award and may join in an action by an applicant against an insurance company
10to recover eligible costs. An applicant who receives an award under this section shall
11cooperate with the state in any action under this subsection. The amounts collected
12by the department under this subsection shall be deposited in the dry cleaner
13environmental response fund.
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(11) Environmental fund reimbursement. If the department expends
16funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because
17of a discharge of dry cleaning solvent at a dry cleaning facility, the department shall
18transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental
19fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3)
20(b). The department shall make transfers under this subsection when the
21department determines that sufficient funds are available in the appropriation
22account under s. 20.370 (6) (eq).
AB133-SSA1,1303,3
1292.65
(12m) Prohibition. No person may knowingly make or cause to be made
2a false or misleading statement in any document submitted to the department under
3this section.
AB133-SSA1,1303,96
292.66
(2) (g) The owner or operator of a dry cleaning facility that is operating
7at the time that the owner or operator applies for assistance under this section
8certifies that any perchloroethylene delivered to the dry cleaning facility is delivered
9using a closed, direct-coupled delivery system.
AB133-SSA1,1303,1611
292.66
(3) An award under this section
may not exceed $15,000, of which not
12more than $2,500 may be shall equal 50% of the eligible costs, except that an award
13may not exceed $20,000. Of the total award, the reimbursement for the
preliminary
14site screening shall equal 50% of the cost of conducting the preliminary site
15screening
, except that the reimbursement for the preliminary site screening may not
16exceed $3,000.
AB133-SSA1,1303,2018
292.66
(5) No person may knowingly make or cause to be made a false or
19misleading statement in any document submitted to the department under this
20section.
AB133-SSA1,1303,23
22292.75 Brownfield site assessment grants. (1) Definitions. In this
23section:
AB133-SSA1,1304,3
1(a) "Eligible site or facility" means an abandoned, idle or underused industrial
2or commercial facility or site, the expansion or redevelopment of which is adversely
3affected by actual or perceived environmental contamination.
AB133-SSA1,1304,64
(b) "Local governmental unit" means a city, village, town, county,
5redevelopment authority created under s. 66.431, community development
6authority created under s. 66.4325, or housing authority.
AB133-SSA1,1304,77
(c) "Petroleum product" has the meaning given in s. 101.143 (1) (f).
AB133-SSA1,1304,118
(d) "Underground hazardous substance storage tank system" means an
9underground storage tank used for storing a hazardous substance other than a
10petroleum product together with any on-site integral piping or dispensing system
11with at least 10% of its total volume below the surface of the ground.
AB133-SSA1,1304,1312
(e) "Underground petroleum product storage tank" has the meaning given in
13s. 101.143 (1) (i).
AB133-SSA1,1304,17
14(2) Duties of the department. (a) The department shall administer a
15program to award brownfield site assessment grants from the appropriation under
16s. 20.370 (6) (et) to local governmental units for the purposes of conducting any of the
17eligible activities under sub. (3).
AB133-SSA1,1304,2018
(b) The department may not award a grant to a local governmental unit under
19this section if that local governmental unit caused the environmental contamination
20that is the basis for the grant request.
AB133-SSA1,1304,2421
(c) The department may only award grants under this section if the person that
22caused the environmental contamination that is the basis for the grant request is
23unknown, cannot be located or is financially unable to pay the cost of the eligible
24activities.
AB133-SSA1,1305,4
1(d) The department shall promulgate rules as necessary to administer the
2program. Rules promulgated by the department under this paragraph may limit the
3total amount of funds that may be used to cover the costs of each category of eligible
4activity described in sub. (3).
AB133-SSA1,1305,6
5(3) Eligible activities. The department may award grants to local
6governmental units to cover the costs of the following activities:
AB133-SSA1,1305,87
(a) The investigation of environmental contamination on an eligible site or
8facility for the purposes of reducing or eliminating environmental contamination.
AB133-SSA1,1305,109
(b) The demolition of any structures, buildings or other improvements located
10on an eligible site or facility.
AB133-SSA1,1305,1211
(c) The removal of abandoned containers, as defined in s. 292.41 (1), from an
12eligible site or facility.
AB133-SSA1,1305,1413
(d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted on an
14eligible site or facility.
AB133-SSA1,1305,1515
(e) The removal of underground hazardous substance storage tank systems.
AB133-SSA1,1305,1616
(f) The removal of underground petroleum product storage tank systems.
AB133-SSA1,1305,19
17(4) Application for grant. The applicant shall submit an application on a form
18prescribed by the department and shall include any information that the department
19finds necessary to calculate the amount of a grant.
AB133-SSA1,1305,21
20(5) Grant criteria. The department shall consider the following criteria when
21determining whether to award a grant:
AB133-SSA1,1305,2422
(a) The local governmental unit's demonstrated commitment to performing and
23completing necessary environmental remediation activities on the eligible site,
24including the local governmental unit's financial commitment.
AB133-SSA1,1306,2
1(b) The degree to which the project will have a positive impact on public health
2and the environment.
AB133-SSA1,1306,43
(c) Other criteria that the department finds necessary to calculate the amount
4of a grant.
AB133-SSA1,1306,8
5(6) Limitation of grant
. The total amount of all grants awarded to a local
6governmental unit in a fiscal year under this section shall be limited to an amount
7equal to 15% of the available funds appropriated under s. 20.370 (6) (et) for the fiscal
8year.
AB133-SSA1,1306,11
9(7) Matching funds. The department may not distribute a grant unless the
10applicant contributes matching funds equal to 20% of the grant. Matching funds
11may be in the form of cash or in-kind contribution or both.
AB133-SSA1,1306,14
13292.77 Sustainable urban development zone program. (1) In this
14section, "brownfields" has the meaning given in s. 560.13 (1) (a).
AB133-SSA1,1306,20
15(2) The department shall develop and, beginning no later than January 1,
162001, administer a pilot program in the city of Green Bay, the city of La Crosse, the
17city of Milwaukee and the city of Oshkosh that promotes the use of financial
18incentives to clean up and redevelop brownfields. Funds provided under the
19program may be used to investigate environmental contamination and to conduct
20cleanups of brownfields in those cities.
AB133-SSA1,1306,25
21(3) In developing and administering the pilot program under sub. (2), the
22department shall consult and coordinate with the department of administration, the
23department of commerce, the department of health and family services, the
24department of revenue, the department of transportation and the cities specified in
25sub. (2).
AB133-SSA1,1307,2
1(4) During the 1999-2001 fiscal biennium, the department shall make the
2following amounts available through the pilot program under sub. (2):
AB133-SSA1,1307,33
(a) To the city of Green Bay, $500,000.
AB133-SSA1,1307,44
(b) To the city of La Crosse, $500,000.
AB133-SSA1,1307,55
(c) To the city of Milwaukee, $1,000,000.
