AB100-ASA1,1530,424 287.42 (5) In consultation with the council on recycling, annually establish a
25list of materials recovered from solid waste for which financial assistance may be

1provided under this subchapter, which shall include the materials specified in s.
2287.07 (3), based on the board's analysis of current and future markets for materials
3recovered from solid waste. The list shall give priority to materials specified in s.
4287.07 (3) that will support community recycling efforts.
AB100-ASA1, s. 2622 5Section 2622. 287.44 (1) of the statutes is amended to read:
AB100-ASA1,1530,66 287.44 (1) Provide Award financial assistance under s. 287.46.
AB100-ASA1, s. 2623 7Section 2623. 287.44 (2) of the statutes is amended to read:
AB100-ASA1,1530,108 287.44 (2) Fund Award funding for research concerning markets for recovered
9materials and the development of markets for recovered materials to maintain
10present markets or to create new or expanded markets.
AB100-ASA1, s. 2624 11Section 2624. 287.44 (3) of the statutes is amended to read:
AB100-ASA1,1530,1312 287.44 (3) Fund Award funding for research to improve the recovery,
13processing or distribution of a recovered material.
AB100-ASA1, s. 2625 14Section 2625. 287.46 (1) of the statutes is amended to read:
AB100-ASA1,1530,2015 287.46 (1) The board may provide award financial assistance, directly or in
16cooperation with another person, to a governmental entity or a business entity to
17assist waste generators in the marketing of recovered materials or to develop
18markets for recovered materials. Forms of financial assistance provided awarded by
19the board, and by a recipient of financial assistance from awarded by the board, may
20include grants, loans and manufacturing rebates.
AB100-ASA1, s. 2626 21Section 2626. 287.46 (3) of the statutes is amended to read:
AB100-ASA1,1531,222 287.46 (3) If the board awards assistance under sub. (1) that results in a loan
23being made by the recipient to another person, the board may direct that the
24repayments of the loan's principal and any interest either be repaid to the recipient
25for use in a revolving loan fund or returned to the board be repaid to the department

1of commerce
. The board department of commerce shall credit any funds received
2under this subsection to the appropriation account under s. 20.143 (1) (L).
AB100-ASA1, s. 2627 3Section 2627. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and
4amended to read:
AB100-ASA1,1531,85 287.46 (4) (b) In any biennium, the board department of commerce may not
6expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
7biennium for contracts with and financial assistance to responsible units and other
8local units of government.
AB100-ASA1, s. 2628 9Section 2628. 287.46 (4) (a) of the statutes is created to read:
AB100-ASA1,1531,1410 287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
11department of commerce shall provide financial assistance awarded by the board
12under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
13(tm), the department of commerce shall pay contracts entered into by the board
14under s. 287.42 (3).
AB100-ASA1, s. 3631d 15Section 3631d. 287.48 of the statutes is amended to read:
AB100-ASA1,1531,19 16287.48 Executive director for the board. The governor shall nominate, and
17with the advice and consent of the senate appoint,
secretary of commerce shall
18appoint
an executive director of the board outside of the classified service, to serve
19at the pleasure of the governor secretary of commerce.
AB100-ASA1, s. 2629 20Section 2629. 287.49 of the statutes is repealed.
AB100-ASA1, s. 3632d 21Section 3632d. Subchapter III of chapter 287 [precedes 287.40] of the
22statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.
AB100-ASA1, s. 2630 23Section 2630. 289.43 (7) (e) 3. of the statutes is amended to read:
AB100-ASA1,1531,2524 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the
25appropriation appropriations under s. 20.370 (2) (dg) and (9) (mj).
AB100-ASA1, s. 2631
1Section 2631. 289.62 (1) (g) of the statutes is amended to read:
AB100-ASA1,1532,32 289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility
3shall be paid into the environmental fund for environmental repair management.
AB100-ASA1, s. 2632 4Section 2632. 289.63 (3) (b) of the statutes is amended to read:
AB100-ASA1,1532,75 289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste
6or hazardous waste, excluding prospecting or mining waste, is one cent 4 cents per
7ton.
AB100-ASA1, s. 2633 8Section 2633. 289.63 (8) of the statutes is amended to read:
AB100-ASA1,1532,139 289.63 (8) Use of groundwater, solid waste capacity and well compensation
10fees.
The groundwater fees collected under sub. (2) shall be credited to the
11environmental fund for groundwater environmental management. The well
12compensation and solid waste capacity fees collected under sub. (2) shall be credited
13to the environmental fund for environmental repair management.
AB100-ASA1, s. 2634 14Section 2634. 289.67 (1) (h) of the statutes is amended to read:
AB100-ASA1,1532,1615 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b)
16shall be credited to the environmental fund for environmental repair management.
AB100-ASA1, s. 2635 17Section 2635. 289.67 (2) (c) 5. of the statutes is created to read:
AB100-ASA1,1532,2018 289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a
19program for the collection and disposal of chemicals that are used for agricultural
20purposes, including pesticides, as defined in s. 94.67 (25).
AB100-ASA1, s. 2636 21Section 2636. 289.67 (2) (e) of the statutes is amended to read:
AB100-ASA1,1532,2322 289.67 (2) (e) All moneys received under this subsection shall be credited to the
23environmental fund for environmental repair management.
AB100-ASA1, s. 2637 24Section 2637. 289.67 (3) (c) of the statutes is amended to read:
AB100-ASA1,1533,3
1289.67 (3) (c) Use of environmental repair base fees. Environmental repair base
2fees shall be credited to the environmental fund for environmental repair
3management.
AB100-ASA1, s. 2638 4Section 2638. 289.67 (4) (c) of the statutes is amended to read:
AB100-ASA1,1533,75 289.67 (4) (c) Use of environmental repair surcharge. Environmental repair
6surcharges shall be credited to the environmental fund for environmental repair
7management.
AB100-ASA1, s. 2639 8Section 2639. 292.01 (18) of the statutes is amended to read:
AB100-ASA1,1533,109 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an
10approved facility, an approved mining facility, a nonapproved facility or a waste site.
AB100-ASA1, s. 2640 11Section 2640. 292.11 (6) (c) 1. of the statutes is amended to read:
AB100-ASA1,1533,1312 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be
13credited to the environmental fund for environmental repair management.
AB100-ASA1, s. 2641 14Section 2641. 292.11 (7) (d) of the statutes is created to read:
AB100-ASA1,1533,1915 292.11 (7) (d) 1. The department may negotiate and enter into an agreement
16containing a schedule for conducting nonemergency actions required under sub. (3)
17with a person who possesses or controls a hazardous substance that was discharged
18or who caused the discharge of a hazardous substance if the discharge does not
19endanger public health.
AB100-ASA1,1533,2220 2. The department may charge fees, in accordance with rules that it
21promulgates, to offset the costs of negotiating and entering into an agreement under
22subd. 1.
AB100-ASA1, s. 2642 23Section 2642. 292.11 (7) (e) of the statutes is created to read:
AB100-ASA1,1534,3
1292.11 (7) (e) If a person violates an order under par. (c) or an agreement under
2par. (d), the department may refer the matter to the department of justice for
3enforcement under s. 299.95.
AB100-ASA1, s. 2643 4Section 2643. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:
AB100-ASA1,1534,75 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a
6redevelopment authority created under s. 66.431, a public body designated by a
7municipality under s. 66.435 (4) or a housing authority.
AB100-ASA1, s. 2644 8Section 2644. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
AB100-ASA1,1534,129 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt
10from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
11municipality before, on or after May 13, 1994, in local government unit if any of the
12following ways applies:
AB100-ASA1, s. 3655m 13Section 3655m. 292.11 (9) (e) 1m. a. of the statutes is amended to read:
AB100-ASA1,1534,1614 292.11 (9) (e) 1m. a. Through The local governmental unit acquired the
15property through
tax delinquency proceedings or as the result of an order by a
16bankruptcy court.
AB100-ASA1, s. 2645 17Section 2645. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
AB100-ASA1,1534,2018 292.11 (9) (e) 1m. b. From a municipality The local governmental unit acquired
19the property from a local governmental unit
that acquired the property under a
20method described in subd. 1m. a.
AB100-ASA1, s. 3656e 21Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:
AB100-ASA1,1534,2322 292.11 (9) (e) 1m. c. The local governmental unit acquired the property through
23condemnation or other proceeding under ch. 32.
AB100-ASA1,1534,2524 d. The local governmental unit acquired the property for the purpose of slum
25clearance or blight elimination.
AB100-ASA1, s. 2646
1Section 2646. 292.11 (9) (e) 1s. of the statutes is created to read:
AB100-ASA1,1535,92 292.11 (9) (e) 1s. An economic development corporation described in section 501
3(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
4taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly
5owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
6and (c) with respect to property acquired before, on or after the effective date of this
7subdivision .... [revisor inserts date], if the property is acquired to further the
8economic development purposes that qualify the corporation as exempt from federal
9taxation.
AB100-ASA1, s. 2647 10Section 2647. 292.11 (9) (e) 2. of the statutes is amended to read:
AB100-ASA1,1535,1211 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to
12a discharge of a hazardous substance caused by any of the following:
AB100-ASA1,1535,1313 a. An action taken by the municipality local governmental unit or corporation.
AB100-ASA1,1535,1614 b. A failure of the municipality local governmental unit or corporation to take
15appropriate action to restrict access to the property in order to minimize costs or
16damages that may result from unauthorized persons entering the property.
AB100-ASA1,1535,1917 c. A failure of the municipality local governmental unit or corporation to sample
18and analyze unidentified substances in containers stored aboveground on the
19property.
AB100-ASA1,1535,2320 d. A failure of the municipality local governmental unit or corporation to
21remove and properly dispose of, or to place in a different container and properly store,
22any hazardous substance stored aboveground on the property in a container that is
23leaking or is likely to leak.
AB100-ASA1, s. 2648 24Section 2648. 292.11 (9) (e) 3. of the statutes is created to read:
AB100-ASA1,1536,3
1292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
2discharge of a hazardous substance from an underground storage tank that is
3regulated under 42 USC 6991 to 6991i.
AB100-ASA1, s. 2649 4Section 2649. 292.11 (9) (e) 4. of the statutes is created to read:
AB100-ASA1,1536,115 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
6intended development and use of the property, the department determines that
7action is necessary to reduce to acceptable levels any substantial threat to public
8health or safety when the property is developed or put to that intended use, the
9department directs the local governmental unit or corporation to take that necessary
10action and the local governmental unit or corporation does not take that action as
11directed.
AB100-ASA1, s. 3660c 12Section 3660c. 292.11 (9) (e) 5. of the statutes is created to read:
AB100-ASA1,1536,1413 292.11 (9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any
14of the following:
AB100-ASA1,1536,1715 a. Respond to a discharge of a hazardous substance that poses an imminent
16threat to public health, safety or welfare or to the environment, on or off of the
17property.
AB100-ASA1,1536,2018 b. Enter into an agreement with the department to conduct any necessary
19investigation and remediation activities at the property no later than 3 years after
20acquiring the property.
AB100-ASA1,1536,2421 c. Allow the department, any authorized representatives of the department,
22any party that possessed or controlled the hazardous substance or caused the
23discharge of the hazardous substance and any consultant or contractor of such a
24party to enter the property to take necessary action to respond to the discharge.
AB100-ASA1, s. 2650 25Section 2650. 292.13 of the statutes is created to read:
AB100-ASA1,1537,4
1292.13 Property affected by off-site discharge. (1) Exemption from
2liability.
A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
3to the existence of a hazardous substance in the soil or groundwater on property
4owned by the person if all of the following apply:
AB100-ASA1,1537,65 (a) The discharge of the hazardous substance originated from a source on
6property that is not possessed or controlled by the person.
AB100-ASA1,1537,87 (b) The person did not possess or control the hazardous substance on the
8property on which the discharge originated or cause the original discharge.
AB100-ASA1,1537,109 (c) The person conducts an investigation, that the department determines is
10adequate, to substantiate that pars. (a) and (b) are satisfied.
AB100-ASA1,1537,1411 (d) The person agrees to allow the department, any authorized representatives
12of the department, any party that possessed or controlled the hazardous substance
13or caused the discharge of the hazardous substance and any consultant or contractor
14of such a party to enter the property to take action to respond to the discharge.
AB100-ASA1,1537,1915 (e) The person takes any necessary emergency actions to respond to the
16discharge to prevent an imminent threat to human health, safety or welfare or to the
17environment and takes all nonemergency immediate or interim actions that are
18necessary to prevent a new or continuing release of the hazardous substance into the
19environment.
AB100-ASA1,1537,2120 (f) The person agrees to avoid any interference with action undertaken to
21respond to the discharge to avoid actions that worsen the discharge.
AB100-ASA1,1537,2422 (g) The person agrees to any other condition that the department determines
23is reasonable and necessary to ensure that the department or other person described
24in par. (d) can adequately respond to the discharge.
AB100-ASA1,1538,6
1(2) Determinations concerning liability. The department shall, upon request,
2issue a written determination that a person owning property on which a hazardous
3substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7)
4(b) and (c) if the person satisfies the requirements in sub. (1). The department may
5revoke its determination if it determines that any of the requirements in sub. (1)
6cease to be met.
AB100-ASA1,1538,8 7(3) Fees. The department may, in accordance with rules that it promulgates,
8assess and collect fees to offset the costs of issuing determinations under sub. (2).
AB100-ASA1, s. 2651 9Section 2651. 292.15 (title) of the statutes is amended to read:
AB100-ASA1,1538,11 10292.15 (title) Remediated property; purchaser Voluntary party
11remediation and exemption from
liability.
AB100-ASA1, s. 2652 12Section 2652. 292.15 (1) (c) (intro.) of the statutes is repealed.
AB100-ASA1, s. 2653 13Section 2653. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.
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