Amendment SSA1-AB133

AB133-SSA1,1293,17 292.25 Report on impact of exemptions from liability. (1) The department shall biennially determine all of the following:

AB133-SSA1,1293,19 (a) The number of sites for which a person is seeking to qualify for an exemption under s. 292.15.

AB133-SSA1,1293,21 (b) The number of sites for which a certificate of completion was issued under s. 292.15.

AB133-SSA1,1293,24 (c) The number of sites for which a certificate of completion was issued under s. 292.15 at which it is discovered that the cleanup failed or at which additional hazardous substances are found after the certificate of completion was issued.

AB133-SSA1,1294,3 (d) The number of sites described in par. (b) at which the department has determined that it is necessary to conduct remedial action using moneys from the environmental fund and the estimated costs of performing that remedial action.

AB133-SSA1,1294,5 (e) The number of sites for which a claim was made against an insurance policy required under s. 292.15.

AB133-SSA1,1294,8 (2) No later than September 15 of each even-numbered year, the department shall submit a report describing its determinations under sub. (1) to the legislature under s. 13.172 (2), to the governor and to the department of administration.

AB133-SSA1,1294,10 (3) The department may require a person to provide information necessary for the department to make the determinations under sub. (1).

AB133-SSA1, s. 2611d Section 2611d. 292.255 of the statutes is created to read:

AB133-SSA1,1294,18 292.255 Report on brownfield efforts. On or before June 30 annually, the department of natural resources, the department of administration, the department of commerce, the department of revenue and the department of transportation shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) and to the joint committee on finance evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v).

AB133-SSA1, s. 2612 Section 2612. 292.33 of the statutes is created to read:

AB133-SSA1,1294,22 292.33 Local government cost recovery cause of action. (1) Definition. In this section "local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.

AB133-SSA1,1295,2 (2) Cause of action. Except as provided in sub. (6), a local governmental unit may recover costs as provided in sub. (4) from a responsible person described in sub. (3) if the costs are incurred in connection with a property acquired as provided in s. 292.11 (9) (e) 1m. on which a hazardous substance has been discharged.

AB133-SSA1,1295,5 (3) Responsible persons. (a) Except as provided in par. (b), a local governmental unit may recover costs in an action under this section from any of the following:

AB133-SSA1,1295,8 1. A person who, at the time that the local governmental unit acquired the property, possessed or controlled the hazardous substance that was discharged on the property.

AB133-SSA1,1295,10 2. A person who caused the discharge of the hazardous substance on the property.

AB133-SSA1,1295,14 (b) A local governmental unit may not recover costs in an action under sub. (2) from a person described in par. (a) if the person qualifies for an exemption under s. 292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge that is the subject of the action.

AB133-SSA1,1295,17 (4) Recoverable costs. (a) Except as provided in par. (b), in an action under this section a local governmental unit may recover the reasonable and necessary costs that it incurs for all of the following:

AB133-SSA1,1295,19 1. Investigating environmental contamination on the property and planning remedial activities described in subd. 2.

AB133-SSA1,1295,21 2. Conducting remedial activities to restore the property for its intended future use.

AB133-SSA1,1295,24 3. Administering the activities under subds. 1. and 2. and bringing the action under this section, including costs, disbursements and engineering fees but excluding attorney fees.

AB133-SSA1,1296,2 (b) The costs determined under par. (a) shall be reduced by the fair market value of the property after completion of the activities under par. (a) 2.

AB133-SSA1,1296,5 (c) Recoverable costs under this subsection may not be reduced by the amount of any state or federal moneys received by the local governmental unit for any of the activities under par. (a).

AB133-SSA1,1296,11 (d) 1. In an action under this section, the liability of a responsible person described in sub. (3) (a) 2. is limited to the amount that bears the same proportion to the total costs under par. (a), adjusted as provided in par. (b), as the amount of the environmental pollution on the property from the discharge caused by the responsible person bears to all of the environmental pollution on the property from discharges of hazardous substances.

AB133-SSA1,1296,15 2. In an action under this section, the liability of a responsible person described in sub. (3) (a) 1. is limited to the amount of the total costs under par. (a), adjusted as provided in par. (b), that the local governmental unit is unable to recover from responsible parties described in sub. (3) (a) 2.

AB133-SSA1,1296,22 (5) Repaying state assistance. If a local governmental unit that recovers costs under this section received money from this state, other than under s. 292.11 (7) or 292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental unit shall reimburse to the state an amount that bears the same proportion to the total amount recovered under this section as the amount received from the state, other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under sub. (4) (a) adjusted as provided in sub. (4) (b).

AB133-SSA1,1297,3 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.

AB133-SSA1,1297,6 (7) Limitation of action. An action under this section shall be commenced within 6 years after the date that the local governmental unit completes the activities under sub. (4) (a) 2. or be barred.

AB133-SSA1, s. 2613 Section 2613. 292.57 of the statutes is created to read:

AB133-SSA1,1297,11 292.57 Database of properties on which groundwater standards are exceeded. (1) In this section, "groundwater standard" means an enforcement standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s. 160.01 (6).

AB133-SSA1,1297,14 (2) (a) The department may promulgate a rule specifying a fee for placing information concerning a property on which a groundwater standard is exceeded into a database.

AB133-SSA1,1297,16 (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi).

AB133-SSA1, s. 2614 Section 2614. 292.65 (1) (d) 9. of the statutes is created to read:

AB133-SSA1,1297,18 292.65 (1) (d) 9. A formal wear rental firm.

AB133-SSA1, s. 2614e Section 2614e. 292.65 (1) (ek) of the statutes is created to read:

AB133-SSA1,1297,21 292.65 (1) (ek) "Formal wear" includes tuxedos, suits and dresses, but does not include costumes, table linens and household fabrics.

AB133-SSA1, s. 2614g Section 2614g. 292.65 (1) (em) of the statutes is created to read:

AB133-SSA1,1297,25 292.65 (1) (em) "Formal wear rental firm" means a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.

AB133-SSA1, s. 2615 Section 2615. 292.65 (1) (h) 3. of the statutes is created to read:

AB133-SSA1,1298,3 292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.

AB133-SSA1, s. 2616 Section 2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1. (intro.) and amended to read:

AB133-SSA1,1298,10 292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a dry cleaning facility, or and who receives or received 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., any of the following:

AB133-SSA1, s. 2617 Section 2617. 292.65 (1) (i) 1. a. of the statutes is created to read:

AB133-SSA1,1298,12 292.65 (1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).

AB133-SSA1, s. 2618 Section 2618. 292.65 (1) (i) 1. b. of the statutes is created to read:

AB133-SSA1,1298,16 292.65 (1) (i) 1. b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2) before it ceased operation.

AB133-SSA1, s. 2619 Section 2619. 292.65 (1) (i) 3. of the statutes is created to read:

AB133-SSA1,1298,19 292.65 (1) (i) 3. A person who owns the property on which one of the following is located:

AB133-SSA1,1298,20 a. A dry cleaning facility that is licensed under s. 77.9961 (2).

AB133-SSA1,1298,22 b. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2) before it ceased operation.

AB133-SSA1, s. 2620 Section 2620. 292.65 (1) (L) of the statutes is amended to read:

AB133-SSA1,1299,2 292.65 (1) (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.

AB133-SSA1, s. 2621 Section 2621. 292.65 (3) (am) 2. of the statutes is amended to read:

AB133-SSA1,1299,6 292.65 (3) (am) 2. The department shall pay an award for immediate action activities. For the purposes of this subdivision, removal of contaminated soils and recovery of free dry cleaning solvent are not considered immediate action activities.

AB133-SSA1, s. 2622 Section 2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to read:

AB133-SSA1,1299,11 292.65 (3) (am) 3. After paying awards for immediate action activities, the department shall do the following with the remaining funds available for awards under this section:

AB133-SSA1,1299,14 a. In the program year that begins on July 1, 1999, provide 75% to pay awards for eligible costs incurred before October 14, 1997, and provide 25% to pay awards for eligible costs incurred on or after October 14, 1997.

AB133-SSA1,1299,17 b. In the program year that begins on July 1, 2000, provide 50% to pay awards for eligible costs incurred before October 14, 1997, and provide 50% to pay awards for eligible costs incurred on or after October 14, 1997.

AB133-SSA1,1299,20 c. In the program year that begins on July 1, 2001, and every program year thereafter, provide at least 70% as awards to pay eligible costs incurred on or after October 14, 1997.

AB133-SSA1, s. 2627 Section 2627. 292.65 (4) (m) of the statutes is created to read:

AB133-SSA1,1299,25 292.65 (4) (m) Notification of insurance claims and receipt of proceeds. An owner or operator shall notify the department of any insurance claim made to cover eligible costs, the status of the claim, and, if the owner or operator has received any insurance proceeds arising from the claim, the amount of the proceeds.

AB133-SSA1, s. 2628 Section 2628. 292.65 (4) (n) of the statutes is created to read:

AB133-SSA1,1300,5 292.65 (4) (n) Notification of intent to file suit. An owner or operator shall notify the department of the owner's or operator's intent to file suit against an insurance company for the purpose of recovering the proceeds of an insurance policy intended to cover any eligible costs.

AB133-SSA1, s. 2629 Section 2629. 292.65 (6) of the statutes is repealed.

AB133-SSA1, s. 2631 Section 2631. 292.65 (7) (a) 16. of the statutes is repealed.

AB133-SSA1, s. 2632 Section 2632. 292.65 (7) (b) of the statutes is repealed.

AB133-SSA1, s. 2634 Section 2634. 292.65 (7) (c) 6. of the statutes is created to read:

AB133-SSA1,1300,10 292.65 (7) (c) 6. Costs of financing eligible activities.

AB133-SSA1, s. 2636 Section 2636. 292.65 (8) (a) 4m. of the statutes is created to read:

AB133-SSA1,1300,13 292.65 (8) (a) 4m. If the owner or operator receives any proceeds arising from an insurance claim for any eligible costs, a record of the payment.

AB133-SSA1, s. 2636g Section 2636g. 292.65 (8) (d) 8. of the statutes is amended to read:

AB133-SSA1,1300,19 292.65 (8) (d) 8. The dry cleaning solvent discharge was caused by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.

AB133-SSA1, s. 2637 Section 2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to read:

AB133-SSA1,1300,22 292.65 (8) (e) 3a. If eligible costs are $200,000 or less, $10,000.

AB133-SSA1, s. 2638 Section 2638. 292.65 (8) (e) 3am. of the statutes is created to read:

AB133-SSA1,1300,25 292.65 (8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.

AB133-SSA1, s. 2639 Section 2639. 292.65 (8) (e) 3ar. of the statutes is created to read:

AB133-SSA1,1301,3 292.65 (8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.

AB133-SSA1, s. 2640 Section 2640. 292.65 (8) (e) 3b. of the statutes is amended to read:

AB133-SSA1,1301,8 292.65 (8) (e) 3b. For each year in which the owner or operator has not paid the annual license fee under s. 77.9961 (1) for the dry cleaning facility, an An amount equal to 30 times the average annual license fee paid under s. 77.9961 (1) for that the year in which an award is made.

AB133-SSA1, s. 2641 Section 2641. 292.65 (8) (e) 3c. of the statutes is amended to read:

AB133-SSA1,1301,14 292.65 (8) (e) 3c. For each year in which the dry cleaning solvents fee under s. 77.9962 was imposed and the dry cleaning facility was not in operation, an An amount equal to 30 times the total amount collected under s. 77.9962 for that the year in which an award is made divided by the number of dry cleaning facilities in operation during that year.

AB133-SSA1, s. 2641g Section 2641g. 292.65 (8) (j) 4. of the statutes is created to read:

AB133-SSA1,1301,22 292.65 (8) (j) 4. If, prior to receiving an award under this section, an owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the department may not reimburse the owner or operator any amount that exceeds the difference between the amount of the award calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f).

AB133-SSA1, s. 2641m Section 2641m. 292.65 (8m) of the statutes is created to read:

AB133-SSA1,1302,5 292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f), but not more than the amount of the award received.

AB133-SSA1, s. 2642 Section 2642. 292.65 (9m) of the statutes is created to read:

AB133-SSA1,1302,13 292.65 (9m) Subrogation. The department is subrogated to the rights of an applicant who obtains an award under this section or s. 292.66 in an amount equal to the award and may join in an action by an applicant against an insurance company to recover eligible costs. An applicant who receives an award under this section shall cooperate with the state in any action under this subsection. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

AB133-SSA1, s. 2643 Section 2643. 292.65 (11) of the statutes is created to read: