Amendment ASA2-AB1089

AB1089-ASA2, s. 82 Section 82. 144.765 (1) (c) (intro.) and 2. of the statutes are repealed.

AB1089-ASA2, s. 83 Section 83. 144.765 (1) (c) 1. of the statutes is renumbered 144.765 (1) (f) 3.

AB1089-ASA2, s. 84 Section 84. 144.765 (1) (c) 3. of the statutes is renumbered 144.765 (1) (f) 1. and amended to read:

AB1089-ASA2,30,8 144.765 (1) (f) 1. The person did not otherwise cause the release of a hazardous substance on the property.

AB1089-ASA2, s. 85 Section 85. 144.765 (1) (f) (intro.) of the statutes is created to read:

AB1089-ASA2,30,12 144.765 (1) (f) (intro.) "Voluntary party" means a person who owns property on which a hazardous substance has been discharged and to whom all of the following apply:

AB1089-ASA2, s. 86 Section 86. 144.765 (1) (f) (intro.) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 292.15 (1) (f) (intro.).

AB1089-ASA2, s. 87 Section 87. 144.765 (1) (f) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 292.15 (1) (f) 1.

AB1089-ASA2, s. 88 Section 88. 144.765 (1) (f) 2. of the statutes is created to read:

AB1089-ASA2,30,20 144.765 (1) (f) 2. The person is not required to possess a license issued under s. 144.64 (2) for any activity at the property, other than environmental response work.

AB1089-ASA2, s. 89 Section 89. 144.765 (1) (f) 2. of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 292.15 (1) (f) 2. and amended to read:

AB1089-ASA2,30,25 292.15 (1) (f) 2. The person is not required to possess a license issued under s. 144.64 (2) 291.25 for any activity at the property, other than environmental response work.

AB1089-ASA2, s. 90 Section 90. 144.765 (1) (f) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 292.15 (1) (f) 3.

AB1089-ASA2, s. 91 Section 91. 144.765 (2) (a) of the statutes is amended to read:

AB1089-ASA2,31,8 144.765 (2) (a) A purchaser Except as provided in sub. (6), a voluntary party is exempt from the provisions of s. ss. 144.64 (2m), 144.735 (2) and 144.76 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance on the property the release of which occurred prior to the date of acquisition of the property, if all of the following occur at any time before or after the date of acquisition:

AB1089-ASA2,31,13 1. The purchaser conducts a A thorough environmental investigation of the property is conducted that is approved by the department or the person from whom the purchaser acquires the property conducts a thorough environmental investigation of the property under a contract with the purchaser and the investigation is approved by the department.

AB1089-ASA2,31,18 2. Except as provided in sub. (4), the purchaser cleans up the The property is cleaned up by restoring the environment to the extent practicable and minimizing the harmful effects from a release discharge of a the hazardous substance in accordance with rules promulgated identified, by rule, by the department and any contract entered into under those rules.

AB1089-ASA2,31,22 3. The purchaser voluntary party obtains a certification certificate of completion from the department that the property has been satisfactorily restored to the extent practicable and that the harmful effects from a release discharge of a hazardous substance have been minimized.

AB1089-ASA2,31,25 4. The purchaser voluntary party maintains and monitors the property as required under rules promulgated identified, by rule, by the department and any contract entered into under those rules.

AB1089-ASA2,32,2 5. The purchaser voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

AB1089-ASA2,32,7 6. The purchaser 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 purchaser voluntary party knew or should have known about more environmental pollution discharges of hazardous substances than was were revealed by the investigation conducted under subd. 1.

AB1089-ASA2, s. 92 Section 92. 144.765 (2) (am) of the statutes is created to read:

AB1089-ASA2,32,18 144.765 (2) (am) The department may approve a partial cleanup and issue a certificate of partial completion in the manner provided in par. (a). A certificate of partial completion shall state 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 at the time the certificate is issued. Approval of a partial cleanup exempts a voluntary party from the provisions of ss. 144.64 (2m), 144.735 (2) and 144.76 (3), (4) and (7) (b) and (c) only 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), a certificate for a partial cleanup under this paragraph may be issued only if:

AB1089-ASA2,32,23 1. Public health, safety, welfare or the environment, on or off the property, will not be endangered by any hazardous substances remaining on the property after the partial cleanup, given the manner in which the property will be developed and used and any other factors that the department considers relevant to the endangerment of public health, safety, welfare or the environment.

AB1089-ASA2,32,25 1m. A thorough environmental investigation of the property is conducted that is approved by the department.

AB1089-ASA2,33,4 2. The activities associated with any proposed use or development of the property will not aggravate or contribute to the discharge of a hazardous substance and will not unduly interfere with, or increase the costs of, restoring the property and minimizing the harmful effects of the discharge of a hazardous substance.

AB1089-ASA2, s. 93 Section 93 . 144.765 (2) (am) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 292.15 (2) (am), and 292.15 (2) (am) (intro.), as renumbered, is amended to read:

AB1089-ASA2,33,16 292.15 (2) (am) (intro.) The department may approve a partial cleanup and issue a certificate of completion as provided in par. (a) 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 the provisions of ss. 144.64 (2m), 144.735 291.29, 291.37 (2) and 144.76 292.11 (3), (4) and (7) (b) and (c) only 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), a certificate for a partial cleanup under this paragraph may be issued only if:

AB1089-ASA2, s. 94 Section 94. 144.765 (2) (ar) of the statutes is created to read:

AB1089-ASA2,33,21 144.765 (2) (ar) As determined necessary by the department, the department may require the owner of the property to grant access, an easement or other interest in the property for any of the purposes specified in par. (am) as a condition of issuing a certificate under par. (am).

AB1089-ASA2, s. 95 Section 95. 144.765 (2) (b) (intro.) of the statutes is amended to read:

AB1089-ASA2,34,2 144.765 (2) (b) (intro.) The exemption exemptions provided in par. pars. (a) continues and (am) continue to apply after the date of certification by the department under par. (a) 3., or approval by the department under par. (am), notwithstanding the occurrence of any of the following:

AB1089-ASA2, s. 96 Section 96. 144.765 (2) (b) 1. to 3. and (c) and (3) of the statutes are amended to read:

AB1089-ASA2,34,7 144.765 (2) (b) 1. Statutes, rules or regulations are created or amended that would impose greater responsibilities on the purchaser voluntary party than those imposed under par. (a) 2.

AB1089-ASA2,34,12 2. The purchaser voluntary party fully complies with the rules promulgated identified, by rule, by the department and any contract entered into under those rules under par. (a) 2. but it is discovered that the cleanup fails to fully restore the environment and minimize the effects from a release discharge of a hazardous substance.

AB1089-ASA2,34,15 3. The contamination from a hazardous substance that is the subject of the cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the purchaser voluntary party and the department.

AB1089-ASA2,34,19 (c) The department of justice may not commence an action under 42 USC 9607 against any purchaser voluntary party meeting the criteria of this subsection to recover costs for which the purchaser voluntary party is exempt under pars. (a), (am) and (b).

AB1089-ASA2,34,25 (3) Successors and assigns. The exemption provided in sub. (2) applies to any successor or assignee of the purchaser voluntary party who qualifies as a voluntary party and who complies with the provisions of sub. (2) (a) 4. and 5., unless the successor or assignee knows that a certification certificate under sub. (2) (a) 3. or (am) was obtained by any of the means or under any of the circumstances specified in sub. (2) (a) 6.

AB1089-ASA2, s. 97 Section 97. 144.765 (4) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1089-ASA2,35,8 144.765 (4) Limited responsibility. The responsibility of a purchaser voluntary party under sub. (2) (a) 2. may be monetarily limited by agreement between the purchaser voluntary party and the department if the purchaser purchased voluntary party acquired the property from a municipality that acquired the property in a way described in s. 144.76 (9) (e) 1m. a. or b. The agreement shall stipulate all of the following:

AB1089-ASA2,35,10 (a) That the purchaser voluntary party may cease the cleanup when the cost of the cleanup equals 125% of the anticipated expense of the cleanup.

AB1089-ASA2,35,13 (b) That the purchaser voluntary party will continue to receive the benefit of the exemption under sub. (2) (a) after cessation of the cleanup if the purchaser voluntary party complies with sub. (2) (a) 4. and 5.

AB1089-ASA2,35,17 (c) That, if the purchaser voluntary party ceases the cleanup, the purchaser voluntary party shall use reasonable efforts to sell the property in accordance with rules of the department that define "reasonable efforts" in a manner substantively equivalent to 40 CFR 300.1100 (d) (2) (i).

AB1089-ASA2, s. 98 Section 98. 144.765 (5) of the statutes is amended to read:

AB1089-ASA2,35,23 144.765 (5) Fees. The department may, in accordance with rules that it promulgates, assess and collect fees from a purchaser voluntary party to offset the cost of the department's activities under subs. (2) and (4). The fees may include an advance deposit, from which the department shall return the amount in excess of the cost of the department's activities under subs. (2) and (4).

AB1089-ASA2, s. 99 Section 99. 144.765 (6) of the statutes is created to read:

AB1089-ASA2,36,3 144.765 (6) Limitations. (a) This section does not exempt property from any lien filed under s. 144.76 (13) (c) for costs incurred by the department prior to the date that certification is issued under sub. (2) (a) 3.

AB1089-ASA2,36,6 (b) The exemption under this section does not apply with respect to any hazardous substance that is discharged on the property after the date that a certificate is issued under sub. (2) (a) 3. or (am).

AB1089-ASA2, s. 100 Section 100 . 144.765 (6) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 292.15 (6) and 292.15 (6) (a), as renumbered, is amended to read:

AB1089-ASA2,36,12 292.15 (6) (a) This section does not exempt property from any lien filed under s. 144.76 (13) (c) 292.81 (3) for costs incurred by the department prior to the date that certification is issued under sub. (2) (a) 3.

AB1089-ASA2, s. 101 Section 101. 144.77 (6) (d) of the statutes is repealed.

AB1089-ASA2, s. 102 Section 102. 214.495 (1) of the statutes is amended to read:

AB1089-ASA2,36,19 214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d), upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.

AB1089-ASA2, s. 103 Section 103 . 214.495 (1) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,37,2 214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.

AB1089-ASA2, s. 104 Section 104. 215.21 (4) (a) of the statutes is amended to read:

AB1089-ASA2,37,8 215.21 (4) (a) All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d), upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

AB1089-ASA2, s. 105 Section 105 . 215.21 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,37,15 215.21 (4) (a) All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

AB1089-ASA2, s. 106 Section 106. 292.31 (2) (f) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,37,20 292.31 (2) (f) Means of making the most effective use of the grant program under s. 292.61 so as to encourage the greatest number of political subdivisions local governmental units to undertake remedial action on property that they own.

AB1089-ASA2, s. 107 Section 107. 292.35 (7) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,38,10 292.35 (7) Responsible parties subject to an agreement or recommendation. A responsible party that enters into an agreement under sub. (5) with a political subdivision local governmental unit or that accepts the umpire's recommendation under sub. (6), if the political subdivision local governmental unit does not reject the recommendation, is required to comply with the agreement or recommendation. When the responsible party has complied with the agreement or recommendation, the responsible party is not liable to the state, including under s. 292.11 (7) (b) or 292.31 (8), or to the political subdivision local governmental unit for any additional costs of the investigation or remedial action; the responsible party is not liable to any other responsible party for contribution to costs incurred by any other responsible party for the investigation or remedial action; and the responsible party is not subject to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement or recommendation.

AB1089-ASA2, s. 108 Section 108. 292.35 (9) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,38,19 292.35 (9) (b) 1. Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 292.21, a responsible party is liable for a portion of the costs, as determined under pars. (c) to (e), incurred by a political subdivision local governmental unit for remedial action in an agreement under sub. (5) or a recommendation under sub. (6) and for any related investigation. A right of action shall accrue to a political subdivision local governmental unit against the responsible party for costs listed in this subdivision.

AB1089-ASA2, s. 109 Section 109. 292.61 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,39,2 292.61 (3) (b) 4. A statement of whether the political subdivision local governmental unit intends to use the cost recovery procedure in 292.35. If the political subdivision local governmental unit indicates in its application that it intends to use the cost recovery procedure in s. 292.35, the department may not approve the application for a remedial action grant until the political subdivision local governmental unit completes the procedures under s. 292.35 (2g) and (2r).

AB1089-ASA2, s. 110 Section 110. 292.61 (5) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,39,8 292.61 (5) Subrogation. The state is subrogated to the rights of a political subdivision local governmental unit that obtains an award under this section in an amount equal to the award. All moneys recovered under this subsection shall be credited to the environmental fund for environmental repair.

AB1089-ASA2, s. 111 Section 111. 292.81 (2) (a) (intro.), 1. and 2. and (d) and (3) of the statutes, as affected by 1995 Wisconsin Act 227, are amended to read:

AB1089-ASA2,39,14 292.81 (2) (a) (intro.) Before incurring expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:

AB1089-ASA2,39,16 1. A brief description of the property for which the department expects to incur expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).

AB1089-ASA2,39,18 2. A brief description of the types of activities that the department expects may be conducted at the property under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).

AB1089-ASA2,39,21 (d) No notice under this subsection is necessary in circumstances in which entry onto the property without prior notice is authorized under s. 292.11 (8) or under s. 292.41 (5).

AB1089-ASA2,40,3 (3) Any expenditures made by the department under s. 292.11 or 292.31 (1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.

AB1089-ASA2, s. 112 Section 112. 703.16 (6) (e) of the statutes is amended to read:

AB1089-ASA2,40,5 703.16 (6) (e) A lien under s. 144.442 (9) (i), or 144.76 (13) or 144.77 (6) (d).

AB1089-ASA2, s. 113 Section 113 . 703.16 (6) (e) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,40,8 703.16 (6) (e) A lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.

AB1089-ASA2, s. 114 Section 114. 706.11 (1) (intro.) of the statutes is amended to read:

AB1089-ASA2,40,14 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d).

AB1089-ASA2, s. 115 Section 115 . 706.11 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,40,21 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81:

AB1089-ASA2, s. 116 Section 116. 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1089-ASA2,40,24 707.37 (4) (d) A lien under s. 144.442 (9) (i), or 144.76 (13) or 144.77 (6) (d).

AB1089-ASA2, s. 117 Section 117 . 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,41,3 707.37 (4) (d) A lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.

AB1089-ASA2, s. 118 Section 118. 779.01 (4) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1089-ASA2,41,22 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 144.442 (9) (i), 144.76 (13), 144.77 (6) (d), 215.21 (4) (a) and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.