Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1190,23 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 20.375 (2) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.".

SB55-ASA1-AA1,1190,24 1613. Page 1058, line 6: after that line insert:

SB55-ASA1-AA1,1191,1 " Section 3226e. 287.23 (5p) of the statutes is repealed.".

SB55-ASA1-AA1,1191,2 1614. Page 1058, line 6: after that line insert:

SB55-ASA1-AA1,1191,3 " Section 3227f. 287.26 of the statutes is created to read:

SB55-ASA1-AA1,1191,8 287.26 Wheelchair recycling project. From the appropriation under s. 20.370 (6) (bv), the department shall provide funding to the Wheelchair Recycling Project, of the Madison Chapter of the National Spinal Cord Injury Association, to provide recycled wheelchairs and other medical equipment to individuals and programs in need and for costs of equipment, parts, maintenance, and distribution.".

SB55-ASA1-AA1,1191,9 1615. Page 1058, line 6: after that line insert:

SB55-ASA1-AA1,1191,10 " Section 3227f. 287.31 (3) (c) 2m. of the statutes is amended to read:

SB55-ASA1-AA1,1191,11 287.31 (3) (c) 2m. 1998 through 2000 and thereafter, 33%.

SB55-ASA1-AA1, s. 3227fc Section 3227fc. 287.31 (3) (c) 3. and 4. of the statutes are repealed.".

SB55-ASA1-AA1,1191,13 1616. Page 1059, line 9: after that line insert:

SB55-ASA1-AA1,1191,14 " Section 3227sp. 289.43 (7) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1191,22 289.43 (7) (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 and, 87.30, and 278.40. If the proposal does not comply with one or more of the requirements specified in this paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this subsection within 90 days.

SB55-ASA1-AA1, s. 3227sq Section 3227sq. 289.43 (7) (e) 3. of the statutes is amended to read:

SB55-ASA1-AA1,1192,2 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriations under s. 20.370 20.375 (2) (dg) and (9) (mj) (tj).

SB55-ASA1-AA1, s. 3228c Section 3228c. 289.64 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1192,6 289.64 (6) Use of solid waste facility siting board fees. The fees collected under sub. (2) shall be credited to the appropriation under s. 20.370 20.375 (2) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

SB55-ASA1-AA1, s. 3228de Section 3228de. 289.68 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1192,15 289.68 (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dy) and (dz) for the purposes specified under sub. (6).

SB55-ASA1-AA1, s. 3228dg Section 3228dg. 289.68 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1192,22 289.68 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 20.375 (2) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.

SB55-ASA1-AA1, s. 3228dj Section 3228dj. 289.68 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1193,2 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 289.41 (11) (b) 1.

SB55-ASA1-AA1, s. 3228dk Section 3228dk. 289.68 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1193,6 289.68 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).

SB55-ASA1-AA1, s. 3228dL Section 3228dL. 289.68 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1193,10 289.68 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).

SB55-ASA1-AA1, s. 3228dm Section 3228dm. 289.68 (7) of the statutes is amended to read:

SB55-ASA1-AA1,1193,16 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources environmental management board shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.".

SB55-ASA1-AA1,1193,17 1617. Page 1059, line 16: after that line insert:

SB55-ASA1-AA1,1193,18 " Section 3228L. 291.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1193,20 291.01 (2) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3228n Section 3228n. 292.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1193,23 292.01 (2) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3228p Section 3228p. 292.01 (17) of the statutes is amended to read:

SB55-ASA1-AA1,1194,2 292.01 (17) "Secretary" means the secretary of natural resources environmental management.

SB55-ASA1-AA1, s. 3228s Section 3228s. 292.11 (6) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1194,9 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in identifying, locating, monitoring, containing, removing, and disposing of discharged substances.

SB55-ASA1-AA1, s. 3828t Section 3828t. 292.11 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1194,14 292.11 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 20.375 (2) (dv) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

SB55-ASA1-AA1, s. 3228v Section 3228v. 292.11 (6) (c) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1194,18 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act Water Pollution Control Act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 20.375 (2) (my).

SB55-ASA1-AA1, s. 3244g Section 3244g. 292.255 of the statutes is amended to read:

SB55-ASA1-AA1,1194,24 292.255 Report on brownfield efforts. The department of natural resources environmental management, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v).

SB55-ASA1-AA1, s. 3257b Section 3257b. 292.31 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1195,8 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the inventory, analysis, and hazard ranking under sub. (1), the environmental response plan prepared under sub. (2), or the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which that is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 20.375 (2) (dv) prior to making other payments from that appropriation.

SB55-ASA1-AA1, s. 3258b Section 3258b. 292.31 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1195,19 292.31 (5) Municipal incinerator ash testing. Notwithstanding the inventory, analysis, and hazard ranking under sub. (1), the environmental response plan prepared under sub. (2), the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), or the monitoring costs under sub. (4), the department shall pay the cost incurred by a municipality after June 30, 1986, and before January 30, 1988, for testing required to determine whether the ash from a municipally owned incinerator is hazardous. The department shall make payments under this subsection from the appropriation under s. 20.370 20.375 (2) (dv) prior to making other payments from that appropriation.".

SB55-ASA1-AA1,1195,20 1618. Page 1059, line 16: after that line insert:

SB55-ASA1-AA1,1195,21 " Section 3229. 292.11 (9) (e) 1m. f. of the statutes is amended to read:

SB55-ASA1-AA1,1195,23 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (ta) or (tz).

SB55-ASA1-AA1, s. 3230 Section 3230. 292.13 (1m) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1196,4 292.13 (1m) Exemption from liability for soil contamination. (intro.) A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil, including sediments, on property possessed or controlled by the person if all of the following apply:

SB55-ASA1-AA1, s. 3231 Section 3231. 292.15 (2) (a) 4. of the statutes is amended to read:

SB55-ASA1-AA1,1196,8 292.15 (2) (a) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

SB55-ASA1-AA1, s. 3232 Section 3232. 292.15 (2) (ae) 4. of the statutes is amended to read:

SB55-ASA1-AA1,1196,12 292.15 (2) (ae) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

SB55-ASA1-AA1, s. 3234 Section 3234. 292.15 (2) (ag) of the statutes is amended to read:

SB55-ASA1-AA1,1196,24 292.15 (2) (ag) Property affected by off-site discharge. (intro.) 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) or (1m), 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:

SB55-ASA1-AA1,1197,6 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) or (1m).

SB55-ASA1-AA1,1197,11 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) or (1m).

SB55-ASA1-AA1,1197,14 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) or (1m).

SB55-ASA1-AA1,1197,16 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1) (d) to (g) or (1m) (d) to (g).

SB55-ASA1-AA1, s. 3236 Section 3236. 292.15 (2) (b) 4. of the statutes is created to read:

SB55-ASA1-AA1,1197,21 292.15 (2) (b) 4. If the voluntary party does not own or control the property, the person who owns or controls the property fails to maintain and monitor the property as required under rules promulgated by the department or any contract entered into under those rules.".

SB55-ASA1-AA1,1197,22 1619. Page 1060, line 6: after that line insert:

SB55-ASA1-AA1,1197,23 " Section 3259d. 292.31 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1198,9 292.31 (7) (b) The department may expend moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq. The department shall promulgate by rule criteria for the expenditure of moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg). The criteria shall include consideration of the amount of moneys available in the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg), the moneys available from other sources for the required sharing of costs, the differences between public and private sites or facilities, the potential for cost recovery from responsible parties, and any other appropriate factors.

SB55-ASA1-AA1, s. 3259p Section 3259p. 292.33 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1198,16 292.33 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources environmental management, the department of commerce, or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.

SB55-ASA1-AA1, s. 3287d Section 3287d. 292.41 (6) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1198,22 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.

SB55-ASA1-AA1, s. 3287h Section 3287h. 292.41 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1199,3 292.41 (6) (b) No more than 25% of the total of all moneys available under the appropriation under s. 20.370 20.375 (2) (dv) and (my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

SB55-ASA1-AA1, s. 3287p Section 3287p. 292.55 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1199,9 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

SB55-ASA1-AA1, s. 3287t Section 3287t. 292.57 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1199,12 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (mi).".

SB55-ASA1-AA1,1199,13 1620. Page 1060, line 6: after that line insert:

SB55-ASA1-AA1,1199,14 " Section 3260b. 292.35 (1) (am) of the statutes is created to read:

SB55-ASA1-AA1,1199,17 292.35 (1) (am) "Financial assistance" means money, other than a loan, provided by a governmental unit that is not a responsible party to pay a portion of the cost of investigation and remedial action for a site or facility.

SB55-ASA1-AA1, s. 3262b Section 3262b. 292.35 (2) of the statutes is renumbered 292.35 (2) (intro.) and amended to read:

SB55-ASA1-AA1,1199,21 292.35 (2) Applicability. (intro.) This section only applies to a site or facility if the one of the following criteria is satisfied:

SB55-ASA1-AA1,1199,23 (a) The site or facility is owned by a local governmental unit. This section does not apply to a landfill until January 1, 1996.

SB55-ASA1-AA1, s. 3263b Section 3263b. 292.35 (2) (b) of the statutes is created to read:

SB55-ASA1-AA1,1200,5 292.35 (2) (b) A local governmental unit that owns a portion of the site or facility commits itself, by resolution of its governing body, to paying more than 50% of the amount equal to the difference between the cost of investigation and remedial action for the site or facility and any financial assistance received for the site or facility.".

SB55-ASA1-AA1,1200,6 1621. Page 1061, line 10: after that line insert:

SB55-ASA1-AA1,1200,7 " Section 3293p. 292.65 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1200,10 292.65 (3) (c) The department shall allocate 9.7% of the funds appropriated under s. 20.370 20.375 (6) (eq) in each fiscal year for awards for immediate action activities and applications that exceed the amount anticipated.".