Amendment ASA1-AB100

AB100-ASA1, s. 2683 Section 2683. 292.35 (2r) (b) of the statutes is amended to read:

AB100-ASA1,1550,23 292.35 (2r) (b) Upon completion of the draft remedial action plan, the political subdivision local governmental unit shall send written notice to all responsible parties identified by the political subdivision local governmental unit, provide public notice and conduct a public hearing on the draft remedial action plan. The notice to responsible parties shall offer the person receiving the notice an opportunity to provide information regarding the status of that person or any other person as a responsible party, notice and a description of the public hearing and a description of the procedures in this section. At the public hearing, the political subdivision local governmental unit shall solicit testimony on whether the draft remedial action plan is the least costly method of meeting the standards for remedial action promulgated by the department by rule. The political subdivision local governmental unit shall accept written comments for at least 30 days after the close of the public hearing.

AB100-ASA1, s. 2684 Section 2684. 292.35 (2r) (c) of the statutes is amended to read:

AB100-ASA1,1551,6 292.35 (2r) (c) Upon the conclusion of the period for written comment, the political subdivision local governmental unit shall prepare a preliminary remedial action plan, taking into account the written comments and comments received at the public hearing and shall submit the preliminary remedial action plan to the department for approval. The department may approve the preliminary remedial action plan as submitted or require modifications.

AB100-ASA1, s. 2685 Section 2685. 292.35 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1551,15 292.35 (3) (a) (intro.) Upon receiving the department's approval of the preliminary remedial action plan, the political subdivision local governmental unit shall serve an offer to settle regarding the contribution of funds for investigation and remedial action at the site or facility on each of the responsible parties identified by the political subdivision local governmental unit, using the procedure for service of a summons under s. 801.11 and shall notify the department that the offer to settle has been served. The political subdivision local governmental unit shall include in the offer to settle all of the following information:

AB100-ASA1, s. 2686 Section 2686. 292.35 (3) (a) 2. of the statutes is amended to read:

AB100-ASA1,1551,19 292.35 (3) (a) 2. The names, addresses and contact persons, to the extent known, for all of the responsible parties identified by the political subdivision local governmental unit.

AB100-ASA1, s. 2687 Section 2687. 292.35 (3) (a) 3. of the statutes is amended to read:

AB100-ASA1,1551,23 292.35 (3) (a) 3. The location and availability of documents that support the claim of the political subdivision local governmental unit against the responsible party.

AB100-ASA1, s. 2688 Section 2688. 292.35 (3) (b) of the statutes is amended to read:

AB100-ASA1,1552,6 292.35 (3) (b) The department shall maintain a list of competent and disinterested umpires qualified to perform the duties under subs. (4) to (6). None of the umpires may be employes of the department. Upon receiving notice from a political subdivision local governmental unit under par. (a), the secretary or his or her designee shall select an umpire from the list and inform the political subdivision local governmental unit and responsible parties of the person selected.

AB100-ASA1, s. 2689 Section 2689. 292.35 (3) (c) of the statutes is amended to read:

AB100-ASA1,1552,19 292.35 (3) (c) Within 10 days after receiving notice of the umpire selected by the department under par. (b), the political subdivision local governmental unit may notify the department that the umpire selected is unacceptable. Within 10 days after receiving notice of the umpire selected by the department under par. (b), a responsible party may notify the department that the umpire selected is unacceptable or that the responsible party does not intend to participate in the negotiation. Failure to notify the department that the umpire is unacceptable shall be considered acceptance. If all responsible parties identified by the political subdivision local governmental unit indicate that they do not intend to participate in the negotiation, the department shall inform the political subdivision local governmental unit and the political subdivision local governmental unit shall cease further action under this section.

AB100-ASA1, s. 2690 Section 2690. 292.35 (3) (d) of the statutes is amended to read:

AB100-ASA1,1552,24 292.35 (3) (d) Upon receiving notice under par. (c) that the selected umpire is unacceptable, the secretary or his or her designee shall select 5 additional umpires from the list and inform the political subdivision local governmental unit and responsible parties of the persons selected.

AB100-ASA1, s. 2691 Section 2691. 292.35 (3) (e) of the statutes is amended to read:

AB100-ASA1,1553,9 292.35 (3) (e) Within 10 days after receiving notice of the umpires selected by the department under par. (d), the political subdivision local governmental unit or a responsible party may notify the department that one or more of the umpires selected are unacceptable. Failure to notify the department shall be considered acceptance. The secretary or his or her designee shall select an umpire from among those umpires not identified as unacceptable by the political subdivision local governmental unit or a responsible party or, if all umpires are identified as unacceptable, the secretary or his or her designee shall designate a person to be umpire for the negotiation.

AB100-ASA1, s. 2692 Section 2692. 292.35 (4) (a) of the statutes is amended to read:

AB100-ASA1,1553,20 292.35 (4) (a) The umpire, immediately upon being appointed, shall contact the department, the political subdivision local governmental unit and the responsible parties that received the offer to settle and shall schedule the negotiating sessions. The umpire shall schedule the first negotiating session no later than 20 days after being appointed. The umpire may meet with all parties to the negotiation, individual parties or groups of parties. The umpire shall facilitate a discussion between the political subdivision local governmental unit and the responsible parties to attempt to reach an agreement on the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties.

AB100-ASA1, s. 2693 Section 2693. 292.35 (4) (d) of the statutes is amended to read:

AB100-ASA1,1554,2 292.35 (4) (d) The political subdivision local governmental unit and the responsible parties that participate in negotiations shall pay for the costs of the umpire, whether or not an agreement among the parties is reached under sub. (5) or the parties accept the recommendation of the umpire under sub. (6). The umpire shall determine an equitable manner of paying for the costs of the umpire, which is binding.

AB100-ASA1, s. 2694 Section 2694. 292.35 (5) of the statutes is amended to read:

AB100-ASA1,1554,11 292.35 (5) Agreement in negotiation. The political subdivision local governmental unit and any of the responsible parties may enter into any agreement in negotiation regarding the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties for the investigation and remedial action. The portion of the agreement containing the design and implementation of the remedial action plan shall be submitted to the department for approval. The department may approve that portion of the agreement as submitted or require modifications.

AB100-ASA1, s. 2695 Section 2695. 292.35 (6) (a) of the statutes is amended to read:

AB100-ASA1,1555,2 292.35 (6) (a) If the political subdivision local governmental unit and any responsible parties are unable to reach an agreement under sub. (5) by the end of the period of negotiation, the umpire shall make a recommendation regarding the design and implementation of the remedial action plan and the contribution of funds for investigation and remedial action by the political subdivision local governmental unit and all responsible parties that were identified by the political subdivision local governmental unit and that did not reach an agreement under sub. (5), whether or not the responsible parties participated in negotiations under sub. (4). The umpire shall submit the recommendation to the department for its approval within 20 days after the end of the period of negotiation under sub. (4) (c). The department may approve the recommendation as submitted or require modifications. The umpire shall distribute a copy of the approved recommendation to the political subdivision local governmental unit and all responsible parties identified by the political subdivision local governmental unit.

AB100-ASA1, s. 2696 Section 2696. 292.35 (6) (b) of the statutes is amended to read:

AB100-ASA1,1555,11 292.35 (6) (b) The political subdivision local governmental unit and the responsible parties that did not reach an agreement under sub. (5) shall accept or reject the umpire's recommendation within 60 days after receiving it. Failure to accept or reject the recommendation within 60 days shall be considered rejection of the recommendation. If the political subdivision local governmental unit rejects the recommendation with respect to any responsible party, the recommendation does not apply to that responsible party. If a responsible party rejects the recommendation, it does not apply to that responsible party.

AB100-ASA1, s. 2697 Section 2697. 292.35 (7) of the statutes is amended to read:

AB100-ASA1,1555,25 292.35 (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.

AB100-ASA1, s. 2698 Section 2698. 292.35 (8) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1556,4 292.35 (8) (b) (intro.) A political subdivision local governmental unit is entitled to recover litigation expenses and interest on the judgment against a responsible party if any of the following occurs:

AB100-ASA1, s. 2699 Section 2699. 292.35 (8) (b) 1. of the statutes is amended to read:

AB100-ASA1,1556,10 292.35 (8) (b) 1. The political subdivision local governmental unit accepts the recommendation of an umpire under sub. (6), the responsible party rejects it and the political subdivision local governmental unit recovers a judgment under sub. (9) against that responsible party that equals or exceeds the amount of the umpire's recommendation.

AB100-ASA1, s. 2700 Section 2700. 292.35 (8) (b) 2. of the statutes is amended to read:

AB100-ASA1,1556,17 292.35 (8) (b) 2. The political subdivision local governmental unit and the responsible party enter into an agreement under sub. (5) or accept the umpire's recommendation under sub. (6), the responsible party does not comply with the requirements of the agreement or recommendation and the political subdivision local governmental unit recovers a judgment against that responsible party based on the agreement or recommendation.

AB100-ASA1, s. 2701 Section 2701. 292.35 (8) (c) of the statutes is amended to read:

AB100-ASA1,1557,2 292.35 (8) (c) A responsible party is entitled to recover litigation expenses from a political subdivision local governmental unit if the responsible party accepts the recommendation of an umpire under sub. (6), the political subdivision local governmental unit rejects the recommendation of the umpire under sub. (6) with respect to the responsible party, the political subdivision local governmental unit institutes an action under sub. (9) against the responsible party and the political subdivision local governmental unit recovers a judgment under sub. (9) against the responsible party that is equal to or less than the amount of the umpire's recommendation.

AB100-ASA1, s. 2702 Section 2702. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and amended to read:

AB100-ASA1,1557,11 292.35 (9) (b) 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 paragraph.

AB100-ASA1, s. 2703 Section 2703. 292.35 (9) (b) 2. of the statutes is repealed.

AB100-ASA1, s. 2704 Section 2704. 292.41 (6) (c) of the statutes is amended to read:

AB100-ASA1,1557,17 292.41 (6) (c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental repair management.

AB100-ASA1, s. 2705 Section 2705. 292.41 (6) (d) of the statutes is repealed.

AB100-ASA1, s. 2706 Section 2706. 292.51 (2) of the statutes is amended to read:

AB100-ASA1,1557,25 292.51 (2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination. All contributions received under this subsection shall be deposited in the environmental fund.

AB100-ASA1, s. 2707 Section 2707. 292.55 of the statutes is created to read:

AB100-ASA1,1558,4 292.55 Requests for liability clarification and technical assistance. (1) (a) The department may, upon request, assist a person to determine whether the person is or may become liable for the environmental pollution of a property.

AB100-ASA1,1558,7 (b) The department may, upon request, assist in, or provide comments on, the planning and implementation of an environmental investigation of a property or the environmental cleanup of a property.

AB100-ASA1,1558,9 (c) The department may determine whether further action is necessary to remedy environmental pollution of a property.

AB100-ASA1,1558,11 (d) The department may issue a letter to a person seeking assistance under this subsection concerning any of the following:

AB100-ASA1,1558,13 1. The liability of a person owning or leasing a property for environmental pollution of the property.

AB100-ASA1,1558,14 2. The type and extent of environmental pollution of a property.

AB100-ASA1,1558,15 3. The adequacy of an environmental investigation.

AB100-ASA1,1558,16 4. Any other matter related to the request for assistance under this subsection.

AB100-ASA1,1558,20 (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 (2) (dh).

AB100-ASA1, s. 2708 Section 2708. 292.61 of the statutes is repealed.

AB100-ASA1, s. 3721e Section 3721e. 292.65 of the statutes is created to read:

AB100-ASA1,1558,24 292.65 Dry cleaner environmental response program. (1) Definitions. In this section and s. 292.66:

AB100-ASA1,1559,4 (a) "Bodily injury" does not include those liabilities that are excluded from coverage in liability insurance policies for bodily injury other than liabilities excluded because they are caused by a dry cleaning solvent discharge from a dry cleaning facility.

AB100-ASA1,1559,7 (b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent discharge.

AB100-ASA1,1559,9 (d) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public other than a facility that is one of the following:

AB100-ASA1,1559,10 1. A coin-operated facility.

AB100-ASA1,1559,11 2. A facility that is located on a U.S. military installation.

AB100-ASA1,1559,12 3. An industrial laundry.

AB100-ASA1,1559,13 4. A commercial laundry.

AB100-ASA1,1559,14 5. A linen supply facility.

AB100-ASA1,1559,15 6. A facility that is located at a prison or other penal institution.

AB100-ASA1,1559,17 7. A facility that is located at a nonprofit hospital or at another nonprofit health care institution.

AB100-ASA1,1559,20 8. A facility that is located on property that is owned by the federal government or by this state or that is located on property that was owned by the federal government or by this state when the facility was operating.

AB100-ASA1,1559,23 (e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities.

AB100-ASA1,1560,3 (f) "Emergency" means a situation that requires an immediate response to protect public health or safety. An emergency lasts until the threat to public health or safety is mitigated.

AB100-ASA1,1560,4 (g) "Groundwater" has the meaning given in s. 281.75 (1) (c).

AB100-ASA1,1560,5 (h) "Operator" means any of the following:

AB100-ASA1,1560,6 1. A person who holds the license under s. 77.9961 (2) for a dry cleaning facility.

AB100-ASA1,1560,7 2. A subsidiary or parent corporation of the person specified under subd. 1.

AB100-ASA1,1560,8 (i) "Owner" means any of the following:

AB100-ASA1,1560,13 1. A person who owns, or has possession or control of, a dry cleaning facility, or who receives direct or indirect consideration from the operation of a dry cleaning facility regardless of whether the dry cleaning facility remains in operation and regardless of whether the person owns or receives consideration at the time that environmental pollution occurs.

AB100-ASA1,1560,14 2. A subsidiary or parent corporation of the person specified under subd. 1.

AB100-ASA1,1560,16 (j) "Program year" means the period beginning on July 1, and ending on the following June 30.

AB100-ASA1,1560,21 (k) "Property damage" does not include those liabilities that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with dry cleaning solvent discharges from affected dry cleaning facilities. "Property damage" does not include the loss of fair market value resulting from a discharge.

AB100-ASA1,1560,25 (L) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.

AB100-ASA1,1561,4 (m) "Subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a dry cleaning facility.

AB100-ASA1,1561,10 (2) Rules concerning 3rd-party compensation. The commissioner of insurance shall promulgate rules defining "liabilities that are excluded from coverage in liability insurance policies for bodily injury" and "liabilities that are excluded from coverage in liability insurance policies for property damage" for the purposes of sub. (1) (a) and (k). The definitions shall be consistent with standard insurance industry practices.

AB100-ASA1,1561,12 (3) Duties of the department. (a) The department shall promulgate rules for the administration of the program under this section.

AB100-ASA1,1561,16 (am) 1. The department shall establish a method for determining the order in which it pays awards under this section. Except as provided in subds. 2. and 3., the method shall be based on environmental factors and on the order in which applications are received.

AB100-ASA1,1561,20 2. The department shall pay an award for emergency remedial action activities within 2 working days of receipt of the application. For the purposes of this subdivision, removal of contaminated soils and recovery of free dry cleaning solvent are not considered emergency remedial action activities.

AB100-ASA1,1561,23 3. After awards for emergency remedial action activities, the department shall give highest priority to paying awards for eligible costs incurred before the effective date of this subdivision .... [revisor inserts date].

AB100-ASA1,1561,25 (b) The department shall promote the program under this section to persons who may be eligible for awards.