AB133-ASA1,1281,3
1292.11 (7) (d) 2. The department may charge fees, in accordance with rules that
2it promulgates, to offset the costs of negotiating and entering into an agreement
3under subd. 1. or 1m.
AB133-ASA1, s. 2572 4Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:
AB133-ASA1,1281,85 292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a
6municipality, a redevelopment authority created under s. 66.431, a public body
7designated by a municipality under s. 66.435 (4), a community development
8authority
or a housing authority.
AB133-ASA1, s. 2573 9Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
AB133-ASA1,1281,1410 292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local
11governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to
12discharges of hazardous substances on or originating from property acquired by the
13local government unit before, on or after the effective date of this subdivision ....
14[revisor inserts date],
if any of the following applies:
AB133-ASA1, s. 2574 15Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
AB133-ASA1,1281,1816 292.11 (9) (e) 1m. b. The local governmental unit acquired the property from
17a local governmental unit that acquired is exempt under this subdivision with
18respect to
the property under a method described in subd. 1m. a.
AB133-ASA1, s. 2575 19Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:
AB133-ASA1,1281,2120 292.11 (9) (e) 1m. e. The local governmental unit acquired the property through
21escheat.
AB133-ASA1, s. 2576 22Section 2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:
AB133-ASA1,1281,2423 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using
24funds appropriated under s. 20.866 (2) (tz).
AB133-ASA1, s. 2577 25Section 2577. 292.11 (9) (e) 1s. of the statutes is amended to read:
AB133-ASA1,1282,8
1292.11 (9) (e) 1s. An Except as provided in subds. 2. and 4. to 6., an economic
2development corporation described in section 501 (c) of the Internal Revenue Code,
3as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a)
4of the Internal Revenue Code, or an entity wholly owned and operated by such a
5corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property
6acquired before, on or after October 14, 1997, if the property is acquired to further
7the economic development purposes that qualify the corporation as exempt from
8federal taxation.
AB133-ASA1, s. 2578 9Section 2578. 292.11 (9) (e) 3. of the statutes is repealed.
AB133-ASA1, s. 2579 10Section 2579. 292.11 (9) (e) 5. c. of the statutes is repealed.
AB133-ASA1, s. 2580 11Section 2580. 292.11 (9) (e) 6. of the statutes is created to read:
AB133-ASA1,1282,1712 292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental
13unit or the economic development corporation agrees to allow the department, any
14authorized representatives of the department, any party that possessed or controlled
15the hazardous substance or caused the discharge of the hazardous substance and any
16consultant or contractor of such a party to enter the property to take action to respond
17to the discharge.
AB133-ASA1, s. 2581 18Section 2581. 292.11 (9) (e) 7. of the statutes is created to read:
AB133-ASA1,1282,2119 292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd.
201m. f. unless the local governmental unit enters into an agreement with the
21department to ensure that the conditions in subds. 2. and 4. are satisfied.
AB133-ASA1, s. 2582 22Section 2582. 292.15 (1) (a) of the statutes is created to read:
AB133-ASA1,1282,2323 292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).
AB133-ASA1, s. 2583 24Section 2583. 292.15 (1) (am) of the statutes is created to read:
AB133-ASA1,1283,4
1292.15 (1) (am) "Natural attenuation" means the reduction in the mass and
2concentration in groundwater of a substance, and the products into which the
3substance breaks down, due to naturally occurring physical, chemical and biological
4processes, without human intervention.
AB133-ASA1, s. 2584 5Section 2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:
AB133-ASA1,1283,76 292.15 (1) (f) "Voluntary party" means a person who submits an application to
7obtain an exemption under this section and pays any fees required under sub. (5).
AB133-ASA1, s. 2585 8Section 2585. 292.15 (2) (a) (title) of the statutes is created to read:
AB133-ASA1,1283,99 292.15 (2) (a) (title) General.
AB133-ASA1, s. 2586 10Section 2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:
AB133-ASA1,1283,1811 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is
12exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
13(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
14promulgated under those provisions, with respect to the existence discharges of a
15hazardous substance substances on the or originating from a property, if the release
16of those hazardous substances occurred prior to the date on which the department
17approves the environmental investigation of the property under subd. 1. and
if all
18of the following occur at any time before or after the date of acquisition:
AB133-ASA1, s. 2587 19Section 2587. 292.15 (2) (a) 2. of the statutes is amended to read:
AB133-ASA1,1283,2420 292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by
21restoring the
environment is restored to the extent practicable with respect to the
22discharges
and minimizing the harmful effects from a discharge of the hazardous
23substance
the discharges are minimized in accordance with rules promulgated by the
24department and any contract entered into under those rules.
AB133-ASA1, s. 2588 25Section 2588. 292.15 (2) (a) 3. of the statutes is amended to read:
AB133-ASA1,1284,4
1292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from
2the department that the property environment has been satisfactorily restored to the
3extent practicable with respect to the discharges and that the harmful effects from
4a discharge of a hazardous substance the discharges have been minimized.
AB133-ASA1, s. 2589 5Section 2589. 292.15 (2) (a) 6. of the statutes is amended to read:
AB133-ASA1,1284,106 292.15 (2) (a) 6. The voluntary party has not obtained the certification under
7subd. 3.
certificate of completion by fraud or misrepresentation, by the knowing
8failure to disclose material information or under circumstances in which the
9voluntary party knew or should have known about more discharges of hazardous
10substances than were revealed by the investigation conducted under subd. 1.
AB133-ASA1, s. 2591 11Section 2591. 292.15 (2) (ae) of the statutes is created to read:
AB133-ASA1,1284,2312 292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if
13there exists a hazardous substance in groundwater on or originating from a property
14in a concentration that exceeds an enforcement standard and the department
15determines that natural attenuation will restore groundwater quality in accordance
16with rules promulgated by the department, a voluntary party is exempt from ss.
17289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11
18(3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those
19provisions, with respect to discharges of hazardous substances on or originating from
20the property, if the release of those hazardous substances occurred prior to the date
21on which the department approves the environmental investigation of the property
22under subd. 1. and if all of the following occur at any time before or after the date of
23acquisition:
AB133-ASA1,1284,2524 1. An environmental investigation of the property is conducted that is approved
25by the department.
AB133-ASA1,1285,6
12. The environment is restored to the extent practicable with respect to the
2discharges and the harmful effects from the discharges are minimized in accordance
3with rules promulgated by the department and any contract entered into under those
4rules, except that this requirement does not apply with respect to the hazardous
5substance in groundwater that the department has determined will be brought into
6compliance with rules promulgated by the department through natural attenuation.
AB133-ASA1,1285,127 3. The voluntary party obtains a certificate of completion from the department
8stating that the environment has been satisfactorily restored to the extent
9practicable with respect to the discharges and that the harmful effects from the
10discharges have been minimized, except with respect to the hazardous substance in
11groundwater that the department has determined will be brought into compliance
12with rules promulgated by the department through natural attenuation.
AB133-ASA1,1285,1813 3m. If required by the department, the voluntary party obtains and maintains
14insurance to cover the costs of complying with s. 292.11 (3) with respect to the
15hazardous substance that the department has determined will be brought into
16compliance with rules promulgated by the department through natural attenuation,
17in case natural attenuation fails, and the insurance complies with rules promulgated
18by the department and names this state as the insured.
AB133-ASA1,1285,2119 4. The voluntary party maintains and monitors the property as required under
20rules promulgated by the department and any contract entered into under those
21rules.
AB133-ASA1,1285,2322 5. The voluntary party does not engage in activities that are inconsistent with
23the maintenance of the property.
AB133-ASA1,1286,324 6. The voluntary party has not obtained the certification under subd. 3. by
25fraud or misrepresentation, by the knowing failure to disclose material information

1or under circumstances in which the voluntary party knew or should have known
2about more discharges of hazardous substances than were revealed by the
3investigation conducted under subd. 1.
AB133-ASA1, s. 2592 4Section 2592. 292.15 (2) (ag) of the statutes is created to read:
AB133-ASA1,1286,155 292.15 (2) (ag) Property affected by off-site discharge. Except as provided in
6sub. (6) or (7), for a property on which there exists a hazardous substance for which
7a voluntary party is exempt from liability under s. 292.13 (1), a voluntary party is
8exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
9(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
10promulgated under those provisions, with respect to discharges of hazardous
11substances on or originating from the property, if the release of those hazardous
12substances occurred prior to the date on which the department approves the
13environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to
146. apply and all of the following occur at any time before or after the date of
15acquisition:
AB133-ASA1,1286,2016 1. The environment is restored to the extent practicable with respect to the
17discharges and the harmful effects from the discharges are minimized in accordance
18with rules promulgated by the department and any contract entered into under those
19rules, except that this requirement does not apply with respect to the hazardous
20substance for which the voluntary party is exempt from liability under s. 292.13 (1).
AB133-ASA1,1286,2521 2. The voluntary party obtains a certificate of completion from the department
22stating that the environment has been satisfactorily restored to the extent
23practicable with respect to the discharges and that the harmful effects from the
24discharges have been minimized, except with respect to the hazardous substance for
25which the voluntary party is exempt from liability under s. 292.13 (1).
AB133-ASA1,1287,3
13. The voluntary party obtains a written determination from the department
2under s. 292.13 (2) with respect to the hazardous substance for which the voluntary
3party is exempt from liability under s 292.13 (1).
AB133-ASA1,1287,54 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1)
5(d) to (g).
AB133-ASA1, s. 2593 6Section 2593. 292.15 (2) (am) (intro.) of the statutes is amended to read:
AB133-ASA1,1287,157 292.15 (2) (am) Partial cleanup. (intro.) The department may approve a
8partial cleanup and issue a certificate of completion as provided in par. (a), (ae) or (ag)
9that states that not all of the property has been satisfactorily restored or that not all
10of the harmful effects from a discharge of a hazardous substance have been
11minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37
12(2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property
13or hazardous substances cleaned up under this paragraph. In addition to meeting
14the requirements of par. (a), (ae) or (ag), a certificate for a partial cleanup under this
15paragraph may be issued only if:
AB133-ASA1, s. 2594 16Section 2594. 292.15 (2) (ar) (title) of the statutes is created to read:
AB133-ASA1,1287,1717 292.15 (2) (ar) (title) Condition.
AB133-ASA1, s. 2595 18Section 2595. 292.15 (2) (at) of the statutes is created to read:
AB133-ASA1,1287,2519 292.15 (2) (at) Discharges discovered after environmental investigations.
20Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1),
21(2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and
22(7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with
23respect to a discharge of a hazardous substance on or originating from a property if
24the discharge occurred before the environmental investigation under subd. 1. is
25completed and if all of the following apply:
AB133-ASA1,1288,3
11. An environmental investigation of the property and of any discharges of
2hazardous substances originating from the property is conducted and is approved by
3the department.
AB133-ASA1,1288,64 2. If required by the department, the voluntary party enters into an agreement
5with the department under which the voluntary party agrees to conduct a cleanup
6approved by the department.
AB133-ASA1,1288,127 3. The voluntary party obtains and maintains insurance to cover the costs of
8complying with s. 292.11 (3) with respect to a hazardous substance discharges that
9occurred before the investigation under subd. 1. is completed and that are discovered
10in the course of conducting a cleanup of the property, the insurance complies with
11rules promulgated by the department and the insurance names the voluntary party
12and this state as insureds.
AB133-ASA1,1288,1413 3m. If the department requires the voluntary party to enter into an agreement
14under subd. 2., the voluntary party conducts the agreed upon cleanup.
AB133-ASA1,1288,1715 4. A hazardous substance discharge that occurred before the investigation
16under subd. 1. is completed is discovered after the investigation under subd. 1. is
17approved and before the cleanup is completed.
AB133-ASA1,1288,2218 6. The voluntary party has not obtained approval of the investigation under
19subd. 1. or the agreement under subd. 2. by fraud or misrepresentation, by the
20knowing failure to disclose material information or under circumstances in which
21the voluntary party knew or should have known about more discharges of hazardous
22substances than were revealed by the investigation conducted under subd. 1.
AB133-ASA1, s. 2596 23Section 2596. 292.15 (2) (b) of the statutes is amended to read:
AB133-ASA1,1289,224 292.15 (2) (b) Extent of exemptions. The exemptions provided in pars. (a), (ae),
25(ag)
and (am) continue to apply after the date of certification by the department

1under par. (a) 3., (ae) 3. or (ag) 2., or approval by the department under par. (am),
2notwithstanding the occurrence of any of the following:
AB133-ASA1,1289,53 1. Statutes, rules or regulations are created or amended that would impose
4greater responsibilities on the voluntary party than those imposed under par. (a) 2.,
5(ae) 2. or (ag) 1
.
AB133-ASA1,1289,96 2. The voluntary party fully complies with the rules promulgated by the
7department and any contract entered into under those rules under par. (a) 2., (ae) 2.
8or (ag) 1.
but it is discovered that the cleanup fails to fully restore the environment
9and minimize the effects from a discharge of a hazardous substance.
AB133-ASA1,1289,1210 3. The contamination from a hazardous substance that is the subject of the
11cleanup under par. (a) 2., (ae) 2. or (ag) 1. is discovered to be more extensive than
12anticipated by the voluntary party and the department.
AB133-ASA1, s. 2597 13Section 2597. 292.15 (2) (c) (title) of the statutes is created to read:
AB133-ASA1,1289,1414 292.15 (2) (c) (title) Prohibition on action.
AB133-ASA1, s. 2598 15Section 2598. 292.15 (2) (c) of the statutes is amended to read:
AB133-ASA1,1289,1916 292.15 (2) (c) The department of justice may not commence an action under 42
17USC 9607
against any voluntary party meeting the criteria of this subsection to
18recover costs for which the voluntary party is exempt under pars. (a), (ac), (ag), (am),
19(at)
and (b).
AB133-ASA1, s. 2599 20Section 2599. 292.15 (2) (d) (title) of the statutes is created to read:
AB133-ASA1,1289,2121 292.15 (2) (d) (title) Exception.
AB133-ASA1, s. 2600 22Section 2600. 292.15 (2) (e) of the statutes is created to read:
AB133-ASA1,1290,223 292.15 (2) (e) Contract with insurer. If the department requires insurance
24under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide

1insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties
2to obtain coverage under the contract.
AB133-ASA1, s. 2601 3Section 2601. 292.15 (3) of the statutes is amended to read:
AB133-ASA1,1290,114 292.15 (3) Successors and assigns. The An exemption provided in sub. (2)
5applies to any successor or assignee of the voluntary party who qualifies as a
6voluntary party and who
if the successor or assignee complies with the provisions of
7sub. (2) (a) 4. and 5. unless or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or
8(am) as though the successor or assignee were the voluntary party except that the
9exemption in sub. (2) does not apply if
the successor or assignee knows that a
10certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. or (am) was obtained by any of the
11means or under any of the circumstances specified in sub. (2) (a) 6.
AB133-ASA1, s. 2602 12Section 2602. 292.15 (4) (intro.) of the statutes is amended to read:
AB133-ASA1,1290,1813 292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary
14party under sub. (2) (a) 2. may be monetarily limited by agreement between the
15voluntary party and the department if the voluntary party purchased the property
16from a local governmental unit that acquired the property in a way or for a purpose
17described in s. 292.11 (9) (e) 1m. a., b., c. or d. The agreement shall stipulate all of the
18following:
AB133-ASA1, s. 2603 19Section 2603. 292.15 (5m) of the statutes is repealed.
AB133-ASA1, s. 2604 20Section 2604. 292.15 (6) of the statutes is renumbered 292.15 (6) (a) and
21amended to read:
AB133-ASA1,1290,2422 292.15 (6) (a) This section does not exempt property from any lien filed under
23s. 292.81 (3) for costs incurred by the department prior to the date that certification
24is issued under sub. (2) (a) 3., (ae) 3. or (ag) 2.
AB133-ASA1, s. 2605 25Section 2605. 292.15 (6) (b) of the statutes is created to read:
AB133-ASA1,1291,4
1292.15 (6) (b) This section does not exempt property from any lien filed under
2s. 292.81 (3) for costs that are incurred by the department with respect to a hazardous
3substance discharge described in sub. (2) (at) 3. and that are not covered by insurance
4required by sub. (2) (at) 3.
AB133-ASA1, s. 2606 5Section 2606. 292.21 (1) (c) 1. b. of the statutes is repealed.
AB133-ASA1, s. 2607 6Section 2607. 292.21 (1) (c) 1. g. of the statutes is created to read:
AB133-ASA1,1291,117 292.21 (1) (c) 1. g. The lender agrees to allow the department, any authorized
8representatives of the department, any party that possessed or controlled the
9hazardous substance or caused the discharge of the hazardous substance and any
10consultant or contractor of such a party to enter the real property to take action to
11respond to the discharge.
AB133-ASA1, s. 2608 12Section 2608. 292.21 (1) (c) 1. h. of the statutes is created to read:
AB133-ASA1,1291,1513 292.21 (1) (c) 1. h. The lender agrees to avoid any interference with action
14undertaken to respond to the discharge and to avoid actions that worsen the
15discharge.
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