SB45: Bill Text

SB45, s. 2562 Section 2562. 287.23 (5) (c) 5. of the statutes is repealed.

SB45, s. 2563 Section 2563. 287.23 (5e) of the statutes is amended to read:

SB45,1169,2 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2. 2m., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2. 2m. were $6 receives $6 times its population and shall prorate the remaining funds.

SB45, s. 2564 Section 2564. 287.23 (7) of the statutes is amended to read:

SB45,1169,5 287.23 (7) Sunset. No grant may be awarded under this section for any year after the year 2000 2001.

SB45, s. 2565 Section 2565. 287.46 (4) of the statutes, as affected by 1997 Wisconsin Acts 27 and 1999 Wisconsin Act .... (this act), is repealed.

SB45, s. 2566 Section 2566. 287.46 (4) (a) of the statutes is amended to read:

SB45,1169,14 287.46 (4) (a) From the appropriations Subject to par. (6), from the appropriation under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter . Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall and pay contracts entered into by the board under s. 287.42 (3) and (3m).

SB45, s. 2567 Section 2567. 287.46 (4) (b) of the statutes is amended to read:

SB45,1169,19 287.46 (4) (b) In any biennium, the department of commerce may not expend more than 10% of the amount appropriated credited to the appropriation account under s. 20.143 (1) (tm) for (L) in that biennium for contracts with and financial assistance to responsible units and other local units of government.

SB45, s. 2568 Section 2568. 289.01 (33) of the statutes is amended to read:

SB45,1170,5 289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

SB45, s. 2569 Section 2569. 289.33 (7) (a) 1. of the statutes is amended to read:

SB45,1170,10 289.33 (7) (a) 1. A town, city or village in which all or part of a facility is proposed to be located shall may appoint 4 members or the number of members appointed under subds. 1m. and 2. and sub. (7n) plus 2, whichever is greater, no more than 2 of whom are elected officials or municipal employes.

SB45, s. 2570 Section 2570. 292.11 (7) (d) 1m. of the statutes is created to read:

SB45,1170,15 292.11 (7) (d) 1m. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf of owners of contaminated property within one of the following:

SB45,1170,16 a. A business improvement district, as defined in s. 66.608 (1) (b).

SB45,1170,19 b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 234.88 (1) (a).

SB45, s. 2571 Section 2571. 292.11 (7) (d) 2. of the statutes is amended to read:

SB45,1170,23 292.11 (7) (d) 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1. or 1m.

SB45, s. 2572 Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:

SB45,1171,4 292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4), a community development authority or a housing authority.

SB45, s. 2573 Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

SB45,1171,10 292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to discharges of hazardous substances on or originating from property acquired by the local government unit before, on or after the effective date of this subdivision .... [revisor inserts date], if any of the following applies:

SB45, s. 2574 Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

SB45,1171,14 292.11 (9) (e) 1m. b. The local governmental unit acquired the property from a local governmental unit that acquired is exempt under this subdivision with respect to the property under a method described in subd. 1m. a.

SB45, s. 2575 Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:

SB45,1171,17 292.11 (9) (e) 1m. e. The local governmental unit acquired the property through escheat.

SB45, s. 2576 Section 2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:

SB45,1171,20 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (tz).

SB45, s. 2577 Section 2577. 292.11 (9) (e) 1s. of the statutes is amended to read:

SB45,1172,4 292.11 (9) (e) 1s. An Except as provided in subds. 2. and 4. to 6., an economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after October 14, 1997, if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

SB45, s. 2578 Section 2578. 292.11 (9) (e) 3. of the statutes is repealed.

SB45, s. 2579 Section 2579. 292.11 (9) (e) 5. c. of the statutes is repealed.

SB45, s. 2580 Section 2580. 292.11 (9) (e) 6. of the statutes is created to read:

SB45,1172,13 292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental unit or the economic development corporation agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

SB45, s. 2581 Section 2581. 292.11 (9) (e) 7. of the statutes is created to read:

SB45,1172,17 292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd. 1m. f. unless the local governmental unit enters into an agreement with the department to ensure that the conditions in subds. 2. and 4. are satisfied.

SB45, s. 2582 Section 2582. 292.15 (1) (a) of the statutes is created to read:

SB45,1172,19 292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).

SB45, s. 2583 Section 2583. 292.15 (1) (am) of the statutes is created to read:

SB45,1172,24 292.15 (1) (am) "Natural attenuation" means the reduction in the mass and concentration in groundwater of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes, without human intervention.

SB45, s. 2584 Section 2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:

SB45,1173,2 292.15 (1) (f) "Voluntary party" means a person who submits an application to obtain an exemption under this section and pays any fees required under sub. (5).

SB45, s. 2585 Section 2585. 292.15 (2) (a) (title) of the statutes is created to read:

SB45,1173,4 292.15 (2) (a) (title) General.

SB45, s. 2586 Section 2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:

SB45,1173,13 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence discharges of a hazardous substance substances on the or originating from a property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:

SB45, s. 2587 Section 2587. 292.15 (2) (a) 2. of the statutes is amended to read:

SB45,1173,19 292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by restoring the environment is restored to the extent practicable with respect to the discharges and minimizing the harmful effects from a discharge of the hazardous substance the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules.

SB45, s. 2588 Section 2588. 292.15 (2) (a) 3. of the statutes is amended to read:

SB45,1173,24 292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from the department that the property environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from a discharge of a hazardous substance the discharges have been minimized.

SB45, s. 2589 Section 2589. 292.15 (2) (a) 6. of the statutes is amended to read:

SB45,1174,5 292.15 (2) (a) 6. The voluntary party has not obtained the certification under subd. 3. certificate of completion by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.

SB45, s. 2590 Section 2590. 292.15 (2) (a) 7. of the statutes is created to read:

SB45,1174,14 292.15 (2) (a) 7. If required by the department, the voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) in case it is discovered, after the department issues a certificate of completion under subd. 3., that the cleanup under subd. 2. fails to fully restore the environment or to minimize the effects from a discharge or that the hazardous substance that is the subject of the cleanup is more extensive than known before the department issues the certificate of completion, and the insurance complies with rules promulgated by the department and names the voluntary party and this state as insureds.

SB45, s. 2591 Section 2591. 292.15 (2) (ae) of the statutes is created to read:

SB45,1175,2 292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if there exists a hazardous substance in groundwater on a property in a concentration that exceeds an enforcement standard and the department determines that natural attenuation will restore groundwater quality in accordance with rules promulgated by the department, a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:

SB45,1175,4 1. An environmental investigation of the property is conducted that is approved by the department.

SB45,1175,10 2. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.

SB45,1175,16 3. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.

SB45,1175,22 3m. If required by the department, the voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to the hazardous substance that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation, in case natural attenuation fails, and the insurance complies with rules promulgated by the department and names the voluntary party and this state as insureds.

SB45,1175,25 4. The voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

SB45,1176,2 5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

SB45,1176,7 6. The voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.

SB45, s. 2592 Section 2592. 292.15 (2) (ag) of the statutes is created to read:

SB45,1176,19 292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:

SB45,1176,24 1. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1).

SB45,1177,5 2. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1).

SB45,1177,8 3. The voluntary party obtains a written determination from the department under s. 292.13 (2) with respect to the hazardous substance for which the voluntary party is exempt from liability under s 292.13 (1).

SB45,1177,10 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1) (d) to (g).

SB45, s. 2593 Section 2593. 292.15 (2) (am) (intro.) of the statutes is amended to read:

SB45,1177,20 292.15 (2) (am) Partial cleanup. (intro.) The department may approve a partial cleanup and issue a certificate of completion as provided in par. (a), (ae) or (ag) that states that not all of the property has been satisfactorily restored or that not all of the harmful effects from a discharge of a hazardous substance have been minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property or hazardous substances cleaned up under this paragraph. In addition to meeting the requirements of par. (a), (ae) or (ag), a certificate for a partial cleanup under this paragraph may be issued only if:

SB45, s. 2594 Section 2594. 292.15 (2) (ar) (title) of the statutes is created to read:

SB45,1177,22 292.15 (2) (ar) (title) Condition.

SB45, s. 2595 Section 2595. 292.15 (2) (at) of the statutes is created to read:

SB45,1178,6 292.15 (2) (at) Discharges discovered after environmental investigations. Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to a discharge of a hazardous substance on or originating from a property if the discharge occurred before the environmental investigation under subd. 1. is completed and is discovered after the environmental investigation under subd. 5. is approved and if all of the following apply:

SB45,1178,8 1. An initial environmental investigation of the property is conducted and is approved by the department.

SB45,1178,11 2. If required by the department, the voluntary party enters into an agreement with the department under which the voluntary party agrees to conduct a cleanup approved by the department.

SB45,1178,17 3. The voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to a hazardous substance discharges that occurred before the investigation under subd. 1. is completed and that are discovered in the course of conducting a cleanup of the property, the insurance complies with rules promulgated by the department and the insurance names the voluntary party and this state as insureds.

SB45,1178,20 4. A hazardous substance discharge that occurred before the investigation under subd. 1. is completed is discovered after the investigation under subd. 1. is approved and before the cleanup is completed.

SB45,1178,22 5. A 2nd environmental investigation of the property is conducted and is approved by the department.

SB45,1179,2 6. The voluntary party has not obtained approval of the investigation under subd. 1. or 5. or the agreement under subd. 2. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1. or 5.

SB45, s. 2596 Section 2596. 292.15 (2) (b) of the statutes is amended to read:

SB45,1179,7 292.15 (2) (b) Extent of exemptions. The exemptions provided in pars. (a), (ae), (ag) and (am) continue to apply after the date of certification by the department under par. (a) 3., (ae) 3. or (ag) 2., or approval by the department under par. (am), notwithstanding the occurrence of any of the following:

SB45,1179,10 1. Statutes, rules or regulations are created or amended that would impose greater responsibilities on the voluntary party than those imposed under par. (a) 2., (ae) 2. or (ag) 1.

SB45,1179,14 2. The voluntary party fully complies with the rules promulgated by the department and any contract entered into under those rules under par. (a) 2., (ae) 2. or (ag) 1. but it is discovered that the cleanup fails to fully restore the environment and minimize the effects from a discharge of a hazardous substance.

SB45,1179,17 3. The contamination from a hazardous substance that is the subject of the cleanup under par. (a) 2., (ae) 2. or (ag) 1. is discovered to be more extensive than anticipated by the voluntary party and the department.

SB45, s. 2597 Section 2597. 292.15 (2) (c) (title) of the statutes is created to read: