1999 - 2000 LEGISLATURE
March 28, 2000 - Introduced by Representatives Kaufert and Plale. Referred to
Committee on Environment.
AB937,1,7
1An Act to repeal 292.65 (7) (a) 13. and 292.66;
to amend 20.370 (2) (eq), 20.370
2(6) (eq), 20.370 (9) (nq), 292.65 (1) (intro.), 292.65 (4) (h), 292.65 (8) (d) 7., 292.65
3(8) (d) 8., 292.65 (8) (e) 1. (intro.), 292.65 (8) (e) 3. (intro.), 292.65 (13) and 292.99
4(1m); and
to create 70.11 (27m), 292.65 (1) (c), 292.65 (5) (c) and 292.65 (8) (d)
57m. of the statutes;
relating to: the dry cleaner environmental response
6program and exempting dry cleaning equipment and chemicals from the
7property tax.
Analysis by the Legislative Reference Bureau
Property tax exemption
This bill exempts equipment and chemicals used by a dry cleaning facility from
the property tax.
Dry cleaner environmental response program
Under current law, the department of natural resources (DNR) administers the
dry cleaner environmental response program which reimburses owners and
operators of dry cleaning facilities and former dry cleaning facilities for a portion of
the costs of cleaning up discharges of dry cleaning solvents. This bill makes several
changes related to that program.
Currently, under the dry cleaner environmental response program, DNR must
deny reimbursement for the costs of cleaning up a discharge if the discharge was
caused by a person who provided services or products for the dry cleaning facility.
This bill limits that provision so that reimbursement is denied only if the person who
provided services or products caused the discharge after October 14, 1997.
The dry cleaner environmental response program is funded primarily with fees
paid to the department of revenue. Current law requires DNR to deny
reimbursement to an applicant if the applicant has not paid the required fees. Under
this bill, DNR must deny reimbursement if the applicant had not paid the required
fees at the time that the discharge was discovered or at the time of application.
Currently, the owner of a dry cleaning facility that is operating at the time of
application to the dry cleaner environmental response program pays a lower
deductible than the owner of a former dry cleaning facility. Under this bill, the owner
of a former dry cleaning facility pays the lower deductible if the facility is operating
as a store where the general public drops off clothing to be dry cleaned at another site.
Current law provides that operators of certain dry cleaning facilities are not
eligible under the dry cleaner environmental response program unless any dry
cleaning solvent delivered to the dry cleaning facility is delivered using a closed,
direct-coupled delivery system. This bill provides that the owner or operator of a dry
cleaning facility that is operating at the time of application is not eligible for an
award under the dry cleaner environmental response program unless the owner or
operator certifies that any dry cleaning solvent delivered to the dry cleaning facility
is delivered using a closed, direct-coupled delivery system.
Under one part of the dry cleaner environmental response program, the owners
of certain dry cleaning facilities are eligible for reimbursement for a portion of the
costs of preliminary site screening and interim remedial equipment to begin the
cleanup of dry cleaning discharges before the completion of full site investigations
and clean-up plans. This bill eliminates that part of the program.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB937, s. 1
1Section
1. 20.370 (2) (eq) of the statutes is amended to read:
AB937,2,42
20.370
(2) (eq)
Solid waste management — dry cleaner environmental response. 3From the dry cleaner environmental response fund, the amounts in the schedule for
4review of remedial action under
ss. s. 292.65
and 292.66.
AB937,3,4
120.370
(6) (eq)
Environmental aids — dry cleaner environmental response. 2Biennially, from the dry cleaner environmental response fund, the amounts in the
3schedule for financial assistance under
ss. s. 292.65
and 292.66 and to make
4transfers required under s. 292.65 (11).
AB937, s. 3
5Section
3. 20.370 (9) (nq) of the statutes is amended to read:
AB937,3,86
20.370
(9) (nq)
Aids administration — dry cleaner environmental response. 7From the dry cleaner environmental response fund, the amounts in the schedule to
8administer
ss. s. 292.65
and 292.66.
AB937, s. 4
9Section
4. 70.11 (27m) of the statutes is created to read:
AB937,3,1210
70.11
(27m) Dry cleaning facility equipment and chemicals. (a) Equipment
11used at a dry cleaning facility, as defined under s. 77.996 (2), for cleaning apparel or
12household fabrics, if the equipment is depreciable property for tax purposes.
AB937,3,1413
(b) Chemicals or detergents used at a dry cleaning facility, as defined under s.
1477.996 (2), for cleaning apparel or household fabrics.
AB937, s. 5
15Section
5. 292.65 (1) (intro.) of the statutes is amended to read:
AB937,3,1616
292.65
(1) Definitions. (intro.) In this section
and s. 292.66:
AB937, s. 6
17Section
6. 292.65 (1) (c) of the statutes is created to read:
AB937,3,2018
292.65
(1) (c) "Drop-off store" means a facility to which the general public
19brings apparel or household fabrics that are taken to be dry cleaned at another
20facility if that other facility is not described in par. (d) 1. to 9.
AB937, s. 7
21Section
7. 292.65 (4) (h) of the statutes is amended to read:
AB937,3,2522
292.65
(4) (h)
Interim remedial equipment. An owner or operator may install
23interim remedial equipment
for which the owner or operator would be eligible for
24reimbursement under s. 292.66 before completing a site investigation or remedial
25action plan.
AB937, s. 8
1Section
8. 292.65 (5) (c) of the statutes is created to read:
AB937,4,62
292.65
(5) (c) The owner or operator of a dry cleaning facility that is operating
3at the time that the owner or operator applies for assistance under this section is not
4eligible for an award under this section unless the owner or operator certifies that
5any dry cleaning solvent delivered to the dry cleaning facility is delivered using a
6closed, direct-coupled delivery system.
AB937, s. 9
7Section
9. 292.65 (7) (a) 13. of the statutes is repealed.
AB937, s. 10
8Section
10. 292.65 (8) (d) 7. of the statutes is amended to read:
AB937,4,119
292.65
(8) (d) 7.
The At the time that the applicant applies for assistance under
10this section, the applicant has not paid all of the fees under ss. 77.9961, 77.9962 and
1177.9963.
AB937, s. 11
12Section
11. 292.65 (8) (d) 7m. of the statutes is created to read:
AB937,4,1413
292.65
(8) (d) 7m. At the time that the discharge was discovered, the applicant
14had not paid all of the fees under ss. 77.9961, 77.9962 and 77.9963.
AB937,4,2217
292.65
(8) (d) 8. The dry cleaning solvent discharge was caused
, after October
1814, 1997, by a person who provided services or products to the owner or operator or
19to a prior owner or operator of the dry cleaning facility, including a person who
20provided perchloroethylene to the owner or operator or prior owner or operator of a
21dry cleaning facility using a system other than a closed, direct-coupled delivery
22system.
AB937, s. 13
23Section
13. 292.65 (8) (e) 1. (intro.) of the statutes is amended to read:
AB937,5,324
292.65
(8) (e) 1. (intro.) The department may reimburse the owner or operator
25of a dry cleaning facility that is operating at the time that the owner or operator
1applies under par. (a)
or the owner or operator of a drop-off store that was formerly
2operated as a dry cleaning facility only for eligible costs incurred at each dry cleaning
3facility that exceed the following deductible:
AB937, s. 14
4Section
14. 292.65 (8) (e) 3. (intro.) of the statutes is amended to read:
AB937,5,85
292.65
(8) (e) 3. (intro.) The department may reimburse
the an owner or
6operator
of a dry cleaning facility that has ceased operation before the owner or
7operator applies under par. (a) to whom subd. 1. does not apply only for eligible costs
8that exceed the sum of the following:
AB937, s. 15
9Section
15. 292.65 (13) of the statutes is amended to read:
AB937,5,1310
292.65
(13) Council. The dry cleaner environmental response council shall
11advise the department concerning the
programs program under this section
and s.
12292.66. The dry cleaner environmental response council shall evaluate the program
13under this section at least every 5 years, using criteria developed by the council.
AB937,5,1918
292.99
(1m) Any person who violates s. 292.65 (12m)
or 292.66 (5) shall forfeit
19not less than $10 nor more than $10,000.
AB937, s. 18
20Section
18.
Effective dates. This act takes effect on the day after publication,
21except as follows:
AB937,5,2322
(1)
Dry cleaning facility equipment and chemicals. The treatment of section
2370.11 (27m) of the statutes takes effect on the January 1 after publication.