AB1089-ASA2, s. 14 9Section 14 . 76.39 (5) of the statutes, as affected by 1995 Wisconsin Acts 227
10and .... (this act), is amended to read:
AB1089-ASA2,9,1811 76.39 (5) Delinquent taxes, penalties, interest and late filing fees shall be a lien
12upon the property of any railroad company or car line company prior to all other liens,
13claims and demands, except as provided in ss. 292.31 (8) (i) and 292.41 (6) (d) and
14292.81, which lien may be enforced in any action in the name of the state in any court
15of competent jurisdiction. All provisions of law for enforcing payment of delinquent
16income or franchise taxes under ch. 71 or enforcing payment of delinquent taxes
17based on the value of property under this chapter shall be available to collection of
18taxes on gross receipts in this state levied under this section.
AB1089-ASA2, s. 15 19Section 15. 88.40 (2) of the statutes is amended to read:
AB1089-ASA2,9,2520 88.40 (2) From the time of recordation of the order confirming such
21assessments for costs until they are paid, such assessments and the interest thereon
22are a first lien upon the lands assessed and take priority over all other liens or
23mortgages except liens for general taxes and liens under ss. 144.442 (9) (i), and
24144.76 (13) and 144.77 (6) (d), regardless of the priority in time of such other liens
25or mortgages.
AB1089-ASA2, s. 16
1Section 16 . 88.40 (2) of the statutes, as affected by 1995 Wisconsin Acts 227
2and .... (this act), is amended to read:
AB1089-ASA2,10,73 88.40 (2) From the time of recordation of the order confirming such
4assessments for costs until they are paid, such assessments and the interest thereon
5are a first lien upon the lands assessed and take priority over all other liens or
6mortgages except liens for general taxes and liens under ss. 292.31 (8) (i) and 292.41
7(6) (d)
and 292.81, regardless of the priority in time of such other liens or mortgages.
AB1089-ASA2, s. 17 8Section 17. 101.143 (2) (e) of the statutes is amended to read:
AB1089-ASA2,10,169 101.143 (2) (e) The department shall promulgate rules, with an effective date
10of no later than January 1, 1996, specifying the methods the department will use
11under sub. (3) (ae), and (am) and (as) to identify the petroleum product storage
12system or home oil tank system which discharged the petroleum product that caused
13an area of contamination and to determine when a petroleum product discharge that
14caused an area of contamination occurred. The department shall write the rule in
15a way that permits a clear determination of what petroleum product contamination
16is eligible for an award under sub. (4) after December 31, 1995.
AB1089-ASA2, s. 18 17Section 18. 101.143 (3) (a) (intro.) of the statutes is amended to read:
AB1089-ASA2,10,2418 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae), and (am)
19and (as), an owner or operator or a person owning a home oil tank system may submit
20a claim to the department for an award under sub. (4) to reimburse the owner or
21operator or the person for the eligible costs under sub. (4) (b) that the owner or
22operator or the person incurs because of a petroleum products discharge from a
23petroleum product storage system or home oil tank system if all of the following
24apply:
AB1089-ASA2, s. 19
1Section 19. 101.143 (3) (as) of the statutes, as affected by 1995 Wisconsin Act
227
, is repealed.
AB1089-ASA2, s. 20 3Section 20. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Act
427
, is amended to read:
AB1089-ASA2,11,105 101.143 (3) (c) 4. Receive written approval from the department of natural
6resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
7of commerce that the remedial action activities performed under subd. 3. meet the
8requirements of s. 144.76 unless rules promulgated by the department of natural
9resources provide for an alternate means of certifying that the remedial action
10activities performed under subd. 3. meet the requirements of s. 144.76
.
AB1089-ASA2, s. 21 11Section 21 . 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Acts
12227 and .... (this act), is amended to read:
AB1089-ASA2,11,1813 101.143 (3) (c) 4. Receive written approval from the department of natural
14resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
15of commerce that the remedial action activities performed under subd. 3. meet the
16requirements of s. 292.11 unless rules promulgated by the department of natural
17resources provide for an alternate means of certifying that the remedial action
18activities performed under subd. 3. meet the requirements of s. 144.76 292.11.
AB1089-ASA2, s. 22 19Section 22. 101.143 (4) (a) 5. of the statutes is repealed.
AB1089-ASA2, s. 23 20Section 23. 101.143 (4) (a) 7. of the statutes is amended to read:
AB1089-ASA2,11,2521 101.143 (4) (a) 7. In any fiscal year, the department may not award more than
225% of the amount appropriated under s. 20.445 (1) (v) as awards for petroleum
23product storage systems that are owned by school districts and that are used for
24storing heating oil for consumptive use on the premises where stored and as awards
25for home oil tank systems
.
AB1089-ASA2, s. 24
1Section 24. 101.143 (4) (a) 8. of the statutes is created to read:
AB1089-ASA2,12,122 101.143 (4) (a) 8. If an owner or operator or person owning a home oil tank
3system is conducting approved remedial action activities that were necessitated by
4a petroleum product discharge from a petroleum product storage system or home oil
5tank system and those remedial action activities have not remedied the discharge,
6then the department may approve financial assistance under this section for
7enhancements to the approved remedial action activities or different remedial action
8activities that the department determines will remedy the discharge without
9increasing the overall costs of remedying the discharge. The total amount of an
10original award under this section plus additional financial assistance provided
11under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on
12amounts of awards.
AB1089-ASA2, s. 25 13Section 25. 101.143 (4) (ce) of the statutes is created to read:
AB1089-ASA2,12,1814 101.143 (4) (ce) Eligible cost; service providers. 1. The department may
15promulgate rules under which costs incurred because of discharges from petroleum
16product storage systems are not eligible costs under par. (b) unless the owners or
17operators of those petroleum product storage systems obtain service from the same
18service provider approved by the department.
AB1089-ASA2,13,219 2. The department may promulgate rules under which the department selects
20service providers to provide investigation or remedial action services in specified
21areas. The rules may provide that the costs of a service for which the department
22has selected a service provider in an area are not eligible costs under par. (b), or that
23eligible costs are limited to the amount that the selected service provider would have
24charged, if an owner or operator of a petroleum product storage system located in
25that area, or a person owning a home oil tank system located in that area, uses a

1service provider other than the service provider selected by the department to
2perform the services.
AB1089-ASA2, s. 26 3Section 26. 101.143 (4) (d) 1. of the statutes is amended to read:
AB1089-ASA2,13,114 101.143 (4) (d) 1. The department shall issue an award under this paragraph
5for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or
6after August 1, 1987, and before July 1, 1998 December 22, 2002, by the owner or
7operator of an underground petroleum product storage tank system and for eligible
8costs, under par. (b), incurred on or after July 1, 1998 December 22, 2002, by the
9owner or operator of an underground petroleum product storage tank system if the
10petroleum product discharge on which the claim is based is confirmed and activities
11under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2002.
AB1089-ASA2, s. 27 12Section 27. 101.143 (4) (dm) 1. of the statutes, as affected by 1995 Wisconsin
13Act 27
, is amended to read:
AB1089-ASA2,13,2214 101.143 (4) (dm) 1. The department shall issue an award under this paragraph
15for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and
16before July 1, 1998 December 22, 2002, by the owner or operator of a petroleum
17product storage system that is not an underground petroleum product storage tank
18system and for eligible costs, under par. (b), incurred on or after July 1, 1998
19December 22, 2002, by the owner or operator of a petroleum product storage system
20that is not an underground petroleum product storage tank system if the petroleum
21product discharge on which the claim is based is confirmed and activities under sub.
22(3) (c) or (g) are begun before July 1, 1998 December 22, 2002.
AB1089-ASA2, s. 28 23Section 28. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:
AB1089-ASA2,14,224 101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after July 1,
251998
December 22, 2002, by the owner or operator of a petroleum product storage

1system that is not an underground petroleum product storage system if those costs
2are not reimbursable under par. (dm) 1.
AB1089-ASA2,14,53 c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22,
42002
, by the owner or operator of an underground petroleum product storage tank
5system if those costs are not reimbursable under par. (d) 1.
AB1089-ASA2, s. 29 6Section 29. 101.143 (7m) of the statutes is amended to read:
AB1089-ASA2,14,167 101.143 (7m) Intervention in 3rd-party actions. An owner or operator of an
8underground
a petroleum product storage tank system shall notify the department
9of any action by a 3rd party against the owner or operator for compensation for bodily
10injury or property damage caused by a petroleum products discharge from the
11underground petroleum product storage tank system if the owner or operator may
12be eligible for an award under this section. The department may intervene in any
13action by a 3rd party against an owner or operator for compensation for bodily injury
14or property damage caused by a petroleum products discharge from an underground
15a petroleum product storage tank system if the owner or operator may be eligible for
16an award under this section for compensation awarded in the action.
AB1089-ASA2, s. 30 17Section 30. 109.09 (2) of the statutes is amended to read:
AB1089-ASA2,15,1118 109.09 (2) The department, under its authority under sub. (1) to maintain
19actions for the benefit of employes, or an employe who brings an action under s.
20109.03 (5) shall have a lien upon all property of the employer, real or personal, located
21in this state for the full amount of any wage claim or wage deficiency. A lien under
22this subsection takes effect when the department or employe files a verified petition
23claiming the lien with the clerk of the circuit court of the county in which the services
24or some part of the services were performed pays the fee specified in s. 814.61 (5) to
25that clerk of circuit court and serves a copy of that petition on the employer by

1personal service in the same manner as a summons is served under s. 801.11 or by
2certified mail with a return receipt requested. The department or employe must file
3the petition within 2 years after the date that the wages were due. The petition shall
4specify the nature of the claim and the amount claimed, describe the property upon
5which the claim is made and state that the petitioner claims a lien on that property.
6The lien shall take precedence over all other debts, judgments, decrees, liens or
7mortgages against the employer, except a lien under s. 144.442 (9) (i), or 144.76 (13)
8or 144.77 (6) (d), and may be enforced in the manner provided in ss. 779.09 to 779.12,
9779.20 and 779.21, insofar as such provisions are applicable. The lien ceases to exist
10if the department or the employe does not bring an action to enforce the lien within
11the period prescribed in s. 893.44 for the underlying wage claim.
AB1089-ASA2, s. 31 12Section 31 . 109.09 (2) of the statutes, as affected by 1995 Wisconsin Acts 227
13and .... (this act), is amended to read:
AB1089-ASA2,16,714 109.09 (2) The department, under its authority under sub. (1) to maintain
15actions for the benefit of employes, or an employe who brings an action under s.
16109.03 (5) shall have a lien upon all property of the employer, real or personal, located
17in this state for the full amount of any wage claim or wage deficiency. A lien under
18this subsection takes effect when the department or employe files a verified petition
19claiming the lien with the clerk of the circuit court of the county in which the services
20or some part of the services were performed pays the fee specified in s. 814.61 (5) to
21that clerk of circuit court and serves a copy of that petition on the employer by
22personal service in the same manner as a summons is served under s. 801.11 or by
23certified mail with a return receipt requested. The department or employe must file
24the petition within 2 years after the date that the wages were due. The petition shall
25specify the nature of the claim and the amount claimed, describe the property upon

1which the claim is made and state that the petitioner claims a lien on that property.
2The lien shall take precedence over all other debts, judgments, decrees, liens or
3mortgages against the employer, except a lien under s. 292.31 (8) (i) or 292.41 (6) (d)
4or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20
5and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the
6department or the employe does not bring an action to enforce the lien within the
7period prescribed in s. 893.44 for the underlying wage claim.
AB1089-ASA2, s. 32 8Section 32. 144.442 (5) (f) of the statutes is amended to read:
AB1089-ASA2,16,119 144.442 (5) (f) Means of making the most effective use of the grant program
10under sub. (9m) so as to encourage the greatest number of political subdivisions local
11governmental units
to undertake remedial action on property that they own.
AB1089-ASA2, s. 33 12Section 33. 144.442 (9m) (title) of the statutes is amended to read:
AB1089-ASA2,16,1413 144.442 (9m) (title) Grants to political subdivisions local governmental
14units
for investigations and remedial action.
AB1089-ASA2, s. 34 15Section 34. 144.442 (9m) (a) 1. of the statutes is repealed and recreated to read:
AB1089-ASA2,16,1816 144.442 (9m) (a) 1. "Local governmental unit" means a municipality, a
17redevelopment authority created under s. 66.431 or a public official or public body
18designated by a municipality under s. 66.435 (4).
AB1089-ASA2, s. 35 19Section 35. 144.442 (9m) (b) 1. of the statutes is amended to read:
AB1089-ASA2,16,2420 144.442 (9m) (b) 1. The department may make investigative funding grants
21from the appropriations under s. 20.866 (2) (tg) to political subdivisions local
22governmental units
for the investigation of any site or facility owned by a political
23subdivision
local governmental unit in which the soil or groundwater is
24contaminated by environmental pollution.
AB1089-ASA2, s. 36 25Section 36. 144.442 (9m) (b) 3. of the statutes is amended to read:
AB1089-ASA2,17,3
1144.442 (9m) (b) 3. The department may not approve the application for an
2investigative funding grant for a site or facility that is not a landfill if the political
3subdivision
local governmental unit caused the environmental pollution.
AB1089-ASA2, s. 37 4Section 37. 144.442 (9m) (b) 4. of the statutes is amended to read:
AB1089-ASA2,17,95 144.442 (9m) (b) 4. An investigative funding grant shall equal 25% of the cost
6of the investigation. The political subdivision's local governmental unit's share of the
7costs may include contributions of equipment and labor. No political subdivision
8local governmental unit may receive more than 35% of the total amount of funds
9available for investigative funding grants in any fiscal year.
AB1089-ASA2, s. 38 10Section 38. 144.442 (9m) (b) 5. (intro.) of the statutes is amended to read:
AB1089-ASA2,17,1511 144.442 (9m) (b) 5. (intro.) If sufficient funds are not available to make
12investigative funding grants to all political subdivisions local governmental units
13that are eligible for investigative funding grants, the department shall give a higher
14priority to investigations with the potential of leading to remedial action resulting
15in all of the following:
AB1089-ASA2, s. 39 16Section 39. 144.442 (9m) (b) 6. (intro.) of the statutes is amended to read:
AB1089-ASA2,17,1817 144.442 (9m) (b) 6. (intro.) A political subdivision local governmental unit may
18use the investigative funding grant funds for any of the following:
AB1089-ASA2, s. 40 19Section 40. 144.442 (9m) (c) 1. of the statutes is amended to read:
AB1089-ASA2,17,2420 144.442 (9m) (c) 1. The department may make remedial action grants from the
21appropriations under s. 20.866 (2) (tg) to political subdivisions local governmental
22units
for remedial action on any site or facility owned by a political subdivision local
23governmental unit
in which the soil or groundwater is contaminated by
24environmental pollution.
AB1089-ASA2, s. 41 25Section 41. 144.442 (9m) (c) 2. (intro.) of the statutes is amended to read:
AB1089-ASA2,18,4
1144.442 (9m) (c) 2. (intro.) The department by rule shall establish the
2application requirements and grant conditions for a remedial action grant. The
3department shall require the political subdivision local governmental unit to include
4in its application all of the following:
AB1089-ASA2, s. 42 5Section 42. 144.442 (9m) (c) 2. d. of the statutes is amended to read:
AB1089-ASA2,18,116 144.442 (9m) (c) 2. d. A statement of whether the political subdivision local
7governmental unit
intends to use the cost recovery procedure in s. 144.4422. If the
8political subdivision local governmental unit indicates in its application that it
9intends to use the cost recovery procedure in s. 144.4422, the department may not
10approve the application for a remedial action grant until the political subdivision
11local governmental unit completes the procedures under s. 144.4422 (2g) and (2r).
AB1089-ASA2, s. 43 12Section 43. 144.442 (9m) (c) 4. of the statutes is amended to read:
AB1089-ASA2,18,1513 144.442 (9m) (c) 4. The department may not approve the application for a
14remedial action grant for a site or facility that is not a landfill if the political
15subdivision
local governmental unit caused the environmental pollution.
AB1089-ASA2, s. 44 16Section 44. 144.442 (9m) (c) 5. (intro.) of the statutes is amended to read:
AB1089-ASA2,18,1917 144.442 (9m) (c) 5. (intro.) The department shall require the political
18subdivision
local governmental unit to do all of the following as a condition of
19receiving a remedial action grant:
AB1089-ASA2, s. 45 20Section 45. 144.442 (9m) (c) 6. of the statutes is amended to read:
AB1089-ASA2,18,2421 144.442 (9m) (c) 6. Upon reviewing the application, if the department
22determines that the political subdivision local governmental unit is eligible to
23receive a remedial action grant and that funds are available to make a remedial
24action grant, it shall notify the political subdivision local governmental unit.
AB1089-ASA2, s. 46 25Section 46. 144.442 (9m) (c) 7. of the statutes is amended to read:
AB1089-ASA2,19,5
1144.442 (9m) (c) 7. A remedial action grant shall equal 25% of the eligible costs
2of the remedial action. The political subdivision's local governmental unit's share of
3the costs may include contributions of equipment and labor. No political subdivision
4local governmental unit may receive more than 35% of the total amount of funds
5allocated for remedial action grants in any fiscal year.
AB1089-ASA2, s. 47 6Section 47. 144.442 (9m) (c) 8. (intro.) of the statutes is amended to read:
AB1089-ASA2,19,107 144.442 (9m) (c) 8. (intro.) If sufficient funds are not available to make
8remedial action grants to all political subdivisions local governmental units that are
9eligible for remedial action grants, the department shall give a higher priority to
10remedial actions that will result in all of the following:
AB1089-ASA2, s. 48 11Section 48. 144.442 (9m) (e) of the statutes is amended to read:
AB1089-ASA2,19,1512 144.442 (9m) (e) Subrogation. The state is subrogated to the rights of a
13political subdivision local governmental unit that obtains an award under this
14section in an amount equal to the award. All moneys recovered under this paragraph
15shall be credited to the environmental fund for environmental repair.
AB1089-ASA2, s. 49 16Section 49. 144.4422 (title) of the statutes is amended to read:
AB1089-ASA2,19,18 17144.4422 (title) Political subdivision Local governmental unit
18negotiation and cost recovery.
AB1089-ASA2, s. 50 19Section 50. 144.4422 (1) (bm) of the statutes is created to read:
AB1089-ASA2,19,2220 144.4422 (1) (bm) "Local governmental unit" means a municipality, a
21redevelopment authority created under s. 66.431 or a public officer or public body
22designated by a municipality under s. 66.435 (4).
AB1089-ASA2, s. 51 23Section 51. 144.4422 (1) (bm) of the statutes, as created by 1995 Wisconsin Act
24.... (this act), is renumbered 292.35 (1) (bm).
AB1089-ASA2, s. 52 25Section 52. 144.4422 (1) (d) of the statutes is repealed.
AB1089-ASA2, s. 53
1Section 53. 144.4422 (2) of the statutes is amended to read:
AB1089-ASA2,20,42 144.4422 (2) Applicability. This section only applies to a site or facility if the
3site or facility is owned by a political subdivision local governmental unit. This
4section does not apply to a landfill until January 1, 1996.
AB1089-ASA2, s. 54 5Section 54. 144.4422 (2g) (a) of the statutes is amended to read:
AB1089-ASA2,20,106 144.4422 (2g) (a) A political subdivision local governmental unit that intends
7to use the cost recovery procedures in this section shall attempt to identify all
8responsible parties. All information obtained by the political subdivision local
9governmental unit
regarding responsible parties is a public record and may be
10inspected and copied under s. 19.35.
AB1089-ASA2, s. 55 11Section 55. 144.4422 (2g) (b) (intro.) of the statutes is amended to read:
AB1089-ASA2,20,1812 144.4422 (2g) (b) (intro.) Upon the request of an employe or authorized
13representative of the political subdivision local governmental unit, or pursuant to a
14special inspection warrant under s. 66.122, any person who generated, transported,
15treated, stored or disposed of a hazardous substance that may have been disposed
16of or discharged at the site or facility or who is or was an owner or operator shall
17provide the employe or authorized representative access to any records or documents
18in that person's custody, possession or control that relate to all of the following:
AB1089-ASA2, s. 56 19Section 56. 144.4422 (2g) (c) of the statutes is amended to read:
AB1089-ASA2,20,2320 144.4422 (2g) (c) The political subdivision local governmental unit shall
21maintain a single repository that is readily accessible to the public for all documents
22related to responsible parties, the investigation, the remedial action and plans for
23redevelopment of the property.
AB1089-ASA2, s. 57 24Section 57. 144.4422 (2r) (a) of the statutes is amended to read:
AB1089-ASA2,21,2
1144.4422 (2r) (a) The political subdivision local governmental unit shall, in
2consultation with the department, prepare a draft remedial action plan.
AB1089-ASA2, s. 58 3Section 58. 144.4422 (2r) (b) of the statutes is amended to read:
AB1089-ASA2,21,164 144.4422 (2r) (b) Upon completion of the draft remedial action plan, the
5political subdivision local governmental unit shall send written notice to all
6responsible parties identified by the political subdivision local governmental unit,
7provide public notice and conduct a public hearing on the draft remedial action plan.
8The notice to responsible parties shall offer the person receiving the notice an
9opportunity to provide information regarding the status of that person or any other
10person as a responsible party, notice and a description of the public hearing and a
11description of the procedures in this section. At the public hearing, the political
12subdivision
local governmental unit shall solicit testimony on whether the draft
13remedial action plan is the least costly method of meeting the standards for remedial
14action promulgated by the department by rule. The political subdivision local
15governmental unit
shall accept written comments for at least 30 days after the close
16of the public hearing.
AB1089-ASA2, s. 59 17Section 59. 144.4422 (2r) (c) of the statutes is amended to read:
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