Amendment SSA1-SB45

SB45-SSA1, s. 2615 Section 2615. 292.65 (1) (h) 3. of the statutes is created to read:

SB45-SSA1,1298,3 292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.

SB45-SSA1, s. 2616 Section 2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1. (intro.) and amended to read:

SB45-SSA1,1298,10 292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a dry cleaning facility, or and who receives or received direct or indirect consideration from the operation of a dry cleaning facility regardless of whether the dry cleaning facility remains in operation and regardless of whether the person owns or receives consideration at the time that environmental pollution occurs., any of the following:

SB45-SSA1, s. 2617 Section 2617. 292.65 (1) (i) 1. a. of the statutes is created to read:

SB45-SSA1,1298,12 292.65 (1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).

SB45-SSA1, s. 2618 Section 2618. 292.65 (1) (i) 1. b. of the statutes is created to read:

SB45-SSA1,1298,16 292.65 (1) (i) 1. b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2) before it ceased operation.

SB45-SSA1, s. 2619 Section 2619. 292.65 (1) (i) 3. of the statutes is created to read:

SB45-SSA1,1298,19 292.65 (1) (i) 3. A person who owns the property on which one of the following is located:

SB45-SSA1,1298,20 a. A dry cleaning facility that is licensed under s. 77.9961 (2).

SB45-SSA1,1298,22 b. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2) before it ceased operation.

SB45-SSA1, s. 2620 Section 2620. 292.65 (1) (L) of the statutes is amended to read:

SB45-SSA1,1299,2 292.65 (1) (L) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor , lender or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.

SB45-SSA1, s. 2621 Section 2621. 292.65 (3) (am) 2. of the statutes is amended to read:

SB45-SSA1,1299,6 292.65 (3) (am) 2. The department shall pay an award for immediate action activities. For the purposes of this subdivision, removal of contaminated soils and recovery of free dry cleaning solvent are not considered immediate action activities.

SB45-SSA1, s. 2622 Section 2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to read:

SB45-SSA1,1299,11 292.65 (3) (am) 3. After paying awards for immediate action activities, the department shall do the following with the remaining funds available for awards under this section:

SB45-SSA1,1299,14 a. In the program year that begins on July 1, 1999, provide 75% to pay awards for eligible costs incurred before October 14, 1997, and provide 25% to pay awards for eligible costs incurred on or after October 14, 1997.

SB45-SSA1,1299,17 b. In the program year that begins on July 1, 2000, provide 50% to pay awards for eligible costs incurred before October 14, 1997, and provide 50% to pay awards for eligible costs incurred on or after October 14, 1997.

SB45-SSA1,1299,20 c. In the program year that begins on July 1, 2001, and every program year thereafter, provide at least 70% as awards to pay eligible costs incurred on or after October 14, 1997.

SB45-SSA1, s. 2627 Section 2627. 292.65 (4) (m) of the statutes is created to read:

SB45-SSA1,1299,25 292.65 (4) (m) Notification of insurance claims and receipt of proceeds. An owner or operator shall notify the department of any insurance claim made to cover eligible costs, the status of the claim, and, if the owner or operator has received any insurance proceeds arising from the claim, the amount of the proceeds.

SB45-SSA1, s. 2628 Section 2628. 292.65 (4) (n) of the statutes is created to read:

SB45-SSA1,1300,5 292.65 (4) (n) Notification of intent to file suit. An owner or operator shall notify the department of the owner's or operator's intent to file suit against an insurance company for the purpose of recovering the proceeds of an insurance policy intended to cover any eligible costs.

SB45-SSA1, s. 2629 Section 2629. 292.65 (6) of the statutes is repealed.

SB45-SSA1, s. 2631 Section 2631. 292.65 (7) (a) 16. of the statutes is repealed.

SB45-SSA1, s. 2632 Section 2632. 292.65 (7) (b) of the statutes is repealed.

SB45-SSA1, s. 2634 Section 2634. 292.65 (7) (c) 6. of the statutes is created to read:

SB45-SSA1,1300,10 292.65 (7) (c) 6. Costs of financing eligible activities.

SB45-SSA1, s. 2636 Section 2636. 292.65 (8) (a) 4m. of the statutes is created to read:

SB45-SSA1,1300,13 292.65 (8) (a) 4m. If the owner or operator receives any proceeds arising from an insurance claim for any eligible costs, a record of the payment.

SB45-SSA1, s. 2636g Section 2636g. 292.65 (8) (d) 8. of the statutes is amended to read:

SB45-SSA1,1300,19 292.65 (8) (d) 8. The dry cleaning solvent discharge was caused by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.

SB45-SSA1, s. 2637 Section 2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to read:

SB45-SSA1,1300,22 292.65 (8) (e) 3a. If eligible costs are $200,000 or less, $10,000.

SB45-SSA1, s. 2638 Section 2638. 292.65 (8) (e) 3am. of the statutes is created to read:

SB45-SSA1,1300,25 292.65 (8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.

SB45-SSA1, s. 2639 Section 2639. 292.65 (8) (e) 3ar. of the statutes is created to read:

SB45-SSA1,1301,3 292.65 (8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.

SB45-SSA1, s. 2640 Section 2640. 292.65 (8) (e) 3b. of the statutes is amended to read:

SB45-SSA1,1301,8 292.65 (8) (e) 3b. For each year in which the owner or operator has not paid the annual license fee under s. 77.9961 (1) for the dry cleaning facility, an An amount equal to 30 times the average annual license fee paid under s. 77.9961 (1) for that the year in which an award is made.

SB45-SSA1, s. 2641 Section 2641. 292.65 (8) (e) 3c. of the statutes is amended to read:

SB45-SSA1,1301,14 292.65 (8) (e) 3c. For each year in which the dry cleaning solvents fee under s. 77.9962 was imposed and the dry cleaning facility was not in operation, an An amount equal to 30 times the total amount collected under s. 77.9962 for that the year in which an award is made divided by the number of dry cleaning facilities in operation during that year.

SB45-SSA1, s. 2641g Section 2641g. 292.65 (8) (j) 4. of the statutes is created to read:

SB45-SSA1,1301,22 292.65 (8) (j) 4. If, prior to receiving an award under this section, an owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the department may not reimburse the owner or operator any amount that exceeds the difference between the amount of the award calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f).

SB45-SSA1, s. 2641m Section 2641m. 292.65 (8m) of the statutes is created to read:

SB45-SSA1,1302,5 292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f), but not more than the amount of the award received.

SB45-SSA1, s. 2642 Section 2642. 292.65 (9m) of the statutes is created to read:

SB45-SSA1,1302,13 292.65 (9m) Subrogation. The department is subrogated to the rights of an applicant who obtains an award under this section or s. 292.66 in an amount equal to the award and may join in an action by an applicant against an insurance company to recover eligible costs. An applicant who receives an award under this section shall cooperate with the state in any action under this subsection. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

SB45-SSA1, s. 2643 Section 2643. 292.65 (11) of the statutes is created to read:

SB45-SSA1,1302,22 292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning solvent at a dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 (6) (eq).

SB45-SSA1, s. 2644 Section 2644. 292.65 (12m) of the statutes is created to read:

SB45-SSA1,1303,3 292.65 (12m) Prohibition. No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.

SB45-SSA1, s. 2645m Section 2645m. 292.66 (2) (e) of the statutes is repealed.

SB45-SSA1, s. 2645p Section 2645p. 292.66 (2) (g) of the statutes is created to read:

SB45-SSA1,1303,9 292.66 (2) (g) The owner or operator of a dry cleaning facility that is operating at the time that the owner or operator applies for assistance under this section certifies that any perchloroethylene delivered to the dry cleaning facility is delivered using a closed, direct-coupled delivery system.

SB45-SSA1, s. 2646 Section 2646. 292.66 (3) of the statutes is amended to read:

SB45-SSA1,1303,16 292.66 (3) An award under this section may not exceed $15,000, of which not more than $2,500 may be shall equal 50% of the eligible costs, except that an award may not exceed $20,000. Of the total award, the reimbursement for the preliminary site screening shall equal 50% of the cost of conducting the preliminary site screening, except that the reimbursement for the preliminary site screening may not exceed $3,000.

SB45-SSA1, s. 2647 Section 2647. 292.66 (5) of the statutes is created to read:

SB45-SSA1,1303,20 292.66 (5) No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.

SB45-SSA1, s. 2649 Section 2649. 292.75 of the statutes is created to read:

SB45-SSA1,1303,23 292.75 Brownfield site assessment grants. (1) Definitions. In this section:

SB45-SSA1,1304,3 (a) "Eligible site or facility" means an abandoned, idle or underused industrial or commercial facility or site, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB45-SSA1,1304,6 (b) "Local governmental unit" means a city, village, town, county, redevelopment authority created under s. 66.431, community development authority created under s. 66.4325, or housing authority.

SB45-SSA1,1304,7 (c) "Petroleum product" has the meaning given in s. 101.143 (1) (f).

SB45-SSA1,1304,11 (d) "Underground hazardous substance storage tank system" means an underground storage tank used for storing a hazardous substance other than a petroleum product together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.

SB45-SSA1,1304,13 (e) "Underground petroleum product storage tank" has the meaning given in s. 101.143 (1) (i).

SB45-SSA1,1304,17 (2) Duties of the department. (a) The department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

SB45-SSA1,1304,20 (b) The department may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

SB45-SSA1,1304,24 (c) The department may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

SB45-SSA1,1305,4 (d) The department shall promulgate rules as necessary to administer the program. Rules promulgated by the department under this paragraph may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

SB45-SSA1,1305,6 (3) Eligible activities. The department may award grants to local governmental units to cover the costs of the following activities:

SB45-SSA1,1305,8 (a) The investigation of environmental contamination on an eligible site or facility for the purposes of reducing or eliminating environmental contamination.

SB45-SSA1,1305,10 (b) The demolition of any structures, buildings or other improvements located on an eligible site or facility.

SB45-SSA1,1305,12 (c) The removal of abandoned containers, as defined in s. 292.41 (1), from an eligible site or facility.

SB45-SSA1,1305,14 (d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted on an eligible site or facility.

SB45-SSA1,1305,15 (e) The removal of underground hazardous substance storage tank systems.

SB45-SSA1,1305,16 (f) The removal of underground petroleum product storage tank systems.

SB45-SSA1,1305,19 (4) Application for grant. The applicant shall submit an application on a form prescribed by the department and shall include any information that the department finds necessary to calculate the amount of a grant.

SB45-SSA1,1305,21 (5) Grant criteria. The department shall consider the following criteria when determining whether to award a grant:

SB45-SSA1,1305,24 (a) The local governmental unit's demonstrated commitment to performing and completing necessary environmental remediation activities on the eligible site, including the local governmental unit's financial commitment.

SB45-SSA1,1306,2 (b) The degree to which the project will have a positive impact on public health and the environment.

SB45-SSA1,1306,4 (c) Other criteria that the department finds necessary to calculate the amount of a grant.

SB45-SSA1,1306,8 (6) Limitation of grant . The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 (6) (et) for the fiscal year.

SB45-SSA1,1306,11 (7) Matching funds. The department may not distribute a grant unless the applicant contributes matching funds equal to 20% of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

SB45-SSA1, s. 2649h Section 2649h. 292.77 of the statutes is created to read:

SB45-SSA1,1306,14 292.77 Sustainable urban development zone program. (1) In this section, "brownfields" has the meaning given in s. 560.13 (1) (a).

SB45-SSA1,1306,20 (2) The department shall develop and, beginning no later than January 1, 2001, administer a pilot program in the city of Green Bay, the city of La Crosse, the city of Milwaukee and the city of Oshkosh that promotes the use of financial incentives to clean up and redevelop brownfields. Funds provided under the program may be used to investigate environmental contamination and to conduct cleanups of brownfields in those cities.