SB45, s. 2562 19Section 2562. 287.23 (5) (c) 5. of the statutes is repealed.
SB45, s. 2563 20Section 2563. 287.23 (5e) of the statutes is amended to read:
SB45,1169,221 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.
222m., to pay $8 times the population of all of the responsible units that are entitled
23to that amount, the department shall distribute the funds so that each responsible
24unit that would be entitled to $6 times its population if the per person amount in sub.

1(5) (c) 2. 2m. were $6 receives $6 times its population and shall prorate the remaining
2funds.
SB45, s. 2564 3Section 2564. 287.23 (7) of the statutes is amended to read:
SB45,1169,54 287.23 (7) Sunset. No grant may be awarded under this section for any year
5after the year 2000 2001.
SB45, s. 2565 6Section 2565. 287.46 (4) of the statutes, as affected by 1997 Wisconsin Acts
727
and 1999 Wisconsin Act .... (this act), is repealed.
SB45, s. 2566 8Section 2566. 287.46 (4) (a) of the statutes is amended to read:
SB45,1169,149 287.46 (4) (a) From the appropriations Subject to par. (6), from the
10appropriation
under s. 20.143 (1) (L) and (tm), the department of commerce shall
11provide financial assistance awarded by the board under this subchapter . Subject
12to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of
13commerce shall
and pay contracts entered into by the board under s. 287.42 (3) and
14(3m)
.
SB45, s. 2567 15Section 2567. 287.46 (4) (b) of the statutes is amended to read:
SB45,1169,1916 287.46 (4) (b) In any biennium, the department of commerce may not expend
17more than 10% of the amount appropriated credited to the appropriation account
18under s. 20.143 (1) (tm) for (L) in that biennium for contracts with and financial
19assistance to responsible units and other local units of government.
SB45, s. 2568 20Section 2568. 289.01 (33) of the statutes is amended to read:
SB45,1170,521 289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste
22treatment plant, water supply treatment plant or air pollution control facility and
23other discarded or salvageable materials, including solid, liquid, semisolid, or
24contained gaseous materials resulting from industrial, commercial, mining and
25agricultural operations, and from community activities, but does not include solids

1or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
2return flows or industrial discharges which are point sources subject to permits
3under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
4material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
5(3) (1).
SB45, s. 2569 6Section 2569. 289.33 (7) (a) 1. of the statutes is amended to read:
SB45,1170,107 289.33 (7) (a) 1. A town, city or village in which all or part of a facility is
8proposed to be located shall may appoint 4 members or the number of members
9appointed under subds. 1m. and 2. and sub. (7n) plus 2, whichever is greater, no more
10than 2 of whom are elected officials or municipal employes.
SB45, s. 2570 11Section 2570. 292.11 (7) (d) 1m. of the statutes is created to read:
SB45,1170,1512 292.11 (7) (d) 1m. The department may negotiate and enter into an agreement
13containing a schedule for conducting nonemergency actions required under sub. (3)
14with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf
15of owners of contaminated property within one of the following:
SB45,1170,1616 a. A business improvement district, as defined in s. 66.608 (1) (b).
SB45,1170,1917 b. An area designated by the local governmental unit if the area consists of 2
18or more properties affected by a contiguous region of groundwater contamination or
19contains 2 or more properties that are brownfields, as defined in s. 234.88 (1) (a).
SB45, s. 2571 20Section 2571. 292.11 (7) (d) 2. of the statutes is amended to read:
SB45,1170,2321 292.11 (7) (d) 2. The department may charge fees, in accordance with rules that
22it promulgates, to offset the costs of negotiating and entering into an agreement
23under subd. 1. or 1m.
SB45, s. 2572 24Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:
SB45,1171,4
1292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a
2municipality, a redevelopment authority created under s. 66.431, a public body
3designated by a municipality under s. 66.435 (4), a community development
4authority
or a housing authority.
SB45, s. 2573 5Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
SB45,1171,106 292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local
7governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to
8discharges of hazardous substances on or originating from property acquired by the
9local government unit before, on or after the effective date of this subdivision ....
10[revisor inserts date],
if any of the following applies:
SB45, s. 2574 11Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
SB45,1171,1412 292.11 (9) (e) 1m. b. The local governmental unit acquired the property from
13a local governmental unit that acquired is exempt under this subdivision with
14respect to
the property under a method described in subd. 1m. a.
SB45, s. 2575 15Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:
SB45,1171,1716 292.11 (9) (e) 1m. e. The local governmental unit acquired the property through
17escheat.
SB45, s. 2576 18Section 2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:
SB45,1171,2019 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using
20funds appropriated under s. 20.866 (2) (tz).
SB45, s. 2577 21Section 2577. 292.11 (9) (e) 1s. of the statutes is amended to read:
SB45,1172,422 292.11 (9) (e) 1s. An Except as provided in subds. 2. and 4. to 6., an economic
23development corporation described in section 501 (c) of the Internal Revenue Code,
24as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a)
25of the Internal Revenue Code, or an entity wholly owned and operated by such a

1corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property
2acquired before, on or after October 14, 1997, if the property is acquired to further
3the economic development purposes that qualify the corporation as exempt from
4federal taxation.
SB45, s. 2578 5Section 2578. 292.11 (9) (e) 3. of the statutes is repealed.
SB45, s. 2579 6Section 2579. 292.11 (9) (e) 5. c. of the statutes is repealed.
SB45, s. 2580 7Section 2580. 292.11 (9) (e) 6. of the statutes is created to read:
SB45,1172,138 292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental
9unit or the economic development corporation agrees to allow the department, any
10authorized representatives of the department, any party that possessed or controlled
11the hazardous substance or caused the discharge of the hazardous substance and any
12consultant or contractor of such a party to enter the property to take action to respond
13to the discharge.
SB45, s. 2581 14Section 2581. 292.11 (9) (e) 7. of the statutes is created to read:
SB45,1172,1715 292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd.
161m. f. unless the local governmental unit enters into an agreement with the
17department to ensure that the conditions in subds. 2. and 4. are satisfied.
SB45, s. 2582 18Section 2582. 292.15 (1) (a) of the statutes is created to read:
SB45,1172,1919 292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).
SB45, s. 2583 20Section 2583. 292.15 (1) (am) of the statutes is created to read:
SB45,1172,2421 292.15 (1) (am) "Natural attenuation" means the reduction in the mass and
22concentration in groundwater of a substance, and the products into which the
23substance breaks down, due to naturally occurring physical, chemical and biological
24processes, without human intervention.
SB45, s. 2584 25Section 2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:
SB45,1173,2
1292.15 (1) (f) "Voluntary party" means a person who submits an application to
2obtain an exemption under this section and pays any fees required under sub. (5).
SB45, s. 2585 3Section 2585. 292.15 (2) (a) (title) of the statutes is created to read:
SB45,1173,44 292.15 (2) (a) (title) General.
SB45, s. 2586 5Section 2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:
SB45,1173,136 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is
7exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
8(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
9promulgated under those provisions, with respect to the existence discharges of a
10hazardous substance substances on the or originating from a property, if the release
11of those hazardous substances occurred prior to the date on which the department
12approves the environmental investigation of the property under subd. 1. and
if all
13of the following occur at any time before or after the date of acquisition:
SB45, s. 2587 14Section 2587. 292.15 (2) (a) 2. of the statutes is amended to read:
SB45,1173,1915 292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by
16restoring the
environment is restored to the extent practicable with respect to the
17discharges
and minimizing the harmful effects from a discharge of the hazardous
18substance
the discharges are minimized in accordance with rules promulgated by the
19department and any contract entered into under those rules.
SB45, s. 2588 20Section 2588. 292.15 (2) (a) 3. of the statutes is amended to read:
SB45,1173,2421 292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from
22the department that the property environment has been satisfactorily restored to the
23extent practicable with respect to the discharges and that the harmful effects from
24a discharge of a hazardous substance the discharges have been minimized.
SB45, s. 2589 25Section 2589. 292.15 (2) (a) 6. of the statutes is amended to read:
SB45,1174,5
1292.15 (2) (a) 6. The voluntary party has not obtained the certification under
2subd. 3.
certificate of completion by fraud or misrepresentation, by the knowing
3failure to disclose material information or under circumstances in which the
4voluntary party knew or should have known about more discharges of hazardous
5substances than were revealed by the investigation conducted under subd. 1.
SB45, s. 2590 6Section 2590. 292.15 (2) (a) 7. of the statutes is created to read:
SB45,1174,147 292.15 (2) (a) 7. If required by the department, the voluntary party obtains and
8maintains insurance to cover the costs of complying with s. 292.11 (3) in case it is
9discovered, after the department issues a certificate of completion under subd. 3.,
10that the cleanup under subd. 2. fails to fully restore the environment or to minimize
11the effects from a discharge or that the hazardous substance that is the subject of the
12cleanup is more extensive than known before the department issues the certificate
13of completion, and the insurance complies with rules promulgated by the department
14and names the voluntary party and this state as insureds.
SB45, s. 2591 15Section 2591. 292.15 (2) (ae) of the statutes is created to read:
SB45,1175,216 292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if
17there exists a hazardous substance in groundwater on a property in a concentration
18that exceeds an enforcement standard and the department determines that natural
19attenuation will restore groundwater quality in accordance with rules promulgated
20by the department, a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4),
21289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c)
22and 292.31 (8), and rules promulgated under those provisions, with respect to
23discharges of hazardous substances on or originating from the property, if the release
24of those hazardous substances occurred prior to the date on which the department

1approves the environmental investigation of the property under subd. 1. and if all
2of the following occur at any time before or after the date of acquisition:
SB45,1175,43 1. An environmental investigation of the property is conducted that is approved
4by the department.
SB45,1175,105 2. The environment is restored to the extent practicable with respect to the
6discharges and the harmful effects from the discharges are minimized in accordance
7with rules promulgated by the department and any contract entered into under those
8rules, except that this requirement does not apply with respect to the hazardous
9substance in groundwater that the department has determined will be brought into
10compliance with rules promulgated by the department through natural attenuation.
SB45,1175,1611 3. The voluntary party obtains a certificate of completion from the department
12stating that the environment has been satisfactorily restored to the extent
13practicable with respect to the discharges and that the harmful effects from the
14discharges have been minimized, except with respect to the hazardous substance in
15groundwater that the department has determined will be brought into compliance
16with rules promulgated by the department through natural attenuation.
SB45,1175,2217 3m. If required by the department, the voluntary party obtains and maintains
18insurance to cover the costs of complying with s. 292.11 (3) with respect to the
19hazardous substance that the department has determined will be brought into
20compliance with rules promulgated by the department through natural attenuation,
21in case natural attenuation fails, and the insurance complies with rules promulgated
22by the department and names the voluntary party and this state as insureds.
SB45,1175,2523 4. The voluntary party maintains and monitors the property as required under
24rules promulgated by the department and any contract entered into under those
25rules.
SB45,1176,2
15. The voluntary party does not engage in activities that are inconsistent with
2the maintenance of the property.
SB45,1176,73 6. The voluntary party has not obtained the certification under subd. 3. by
4fraud or misrepresentation, by the knowing failure to disclose material information
5or under circumstances in which the voluntary party knew or should have known
6about more discharges of hazardous substances than were revealed by the
7investigation conducted under subd. 1.
SB45, s. 2592 8Section 2592. 292.15 (2) (ag) of the statutes is created to read:
SB45,1176,199 292.15 (2) (ag) Property affected by off-site discharge. Except as provided in
10sub. (6) or (7), for a property on which there exists a hazardous substance for which
11a voluntary party is exempt from liability under s. 292.13 (1), 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 discharges of hazardous
15substances on or originating from the property, if the release of those hazardous
16substances occurred prior to the date on which the department approves the
17environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to
186. apply and all of the following occur at any time before or after the date of
19acquisition:
SB45,1176,2420 1. The environment is restored to the extent practicable with respect to the
21discharges and the harmful effects from the discharges are minimized in accordance
22with rules promulgated by the department and any contract entered into under those
23rules, except that this requirement does not apply with respect to the hazardous
24substance for which the voluntary party is exempt from liability under s. 292.13 (1).
SB45,1177,5
12. The voluntary party obtains a certificate of completion from the department
2stating that the environment has been satisfactorily restored to the extent
3practicable with respect to the discharges and that the harmful effects from the
4discharges have been minimized, except with respect to the hazardous substance for
5which the voluntary party is exempt from liability under s. 292.13 (1).
SB45,1177,86 3. The voluntary party obtains a written determination from the department
7under s. 292.13 (2) with respect to the hazardous substance for which the voluntary
8party is exempt from liability under s 292.13 (1).
SB45,1177,109 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1)
10(d) to (g).
SB45, s. 2593 11Section 2593. 292.15 (2) (am) (intro.) of the statutes is amended to read:
SB45,1177,2012 292.15 (2) (am) Partial cleanup. (intro.) The department may approve a
13partial cleanup and issue a certificate of completion as provided in par. (a), (ae) or (ag)
14that states that not all of the property has been satisfactorily restored or that not all
15of the harmful effects from a discharge of a hazardous substance have been
16minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37
17(2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property
18or hazardous substances cleaned up under this paragraph. In addition to meeting
19the requirements of par. (a), (ae) or (ag), a certificate for a partial cleanup under this
20paragraph may be issued only if:
SB45, s. 2594 21Section 2594. 292.15 (2) (ar) (title) of the statutes is created to read:
SB45,1177,2222 292.15 (2) (ar) (title) Condition.
SB45, s. 2595 23Section 2595. 292.15 (2) (at) of the statutes is created to read:
SB45,1178,624 292.15 (2) (at) Discharges discovered after environmental investigations.
25Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1),

1(2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and
2(7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with
3respect to a discharge of a hazardous substance on or originating from a property if
4the discharge occurred before the environmental investigation under subd. 1. is
5completed and is discovered after the environmental investigation under subd. 5. is
6approved and if all of the following apply:
SB45,1178,87 1. An initial environmental investigation of the property is conducted and is
8approved by the department.
SB45,1178,119 2. If required by the department, the voluntary party enters into an agreement
10with the department under which the voluntary party agrees to conduct a cleanup
11approved by the department.
SB45,1178,1712 3. The voluntary party obtains and maintains insurance to cover the costs of
13complying with s. 292.11 (3) with respect to a hazardous substance discharges that
14occurred before the investigation under subd. 1. is completed and that are discovered
15in the course of conducting a cleanup of the property, the insurance complies with
16rules promulgated by the department and the insurance names the voluntary party
17and this state as insureds.
SB45,1178,2018 4. A hazardous substance discharge that occurred before the investigation
19under subd. 1. is completed is discovered after the investigation under subd. 1. is
20approved and before the cleanup is completed.
SB45,1178,2221 5. A 2nd environmental investigation of the property is conducted and is
22approved by the department.
SB45,1179,223 6. The voluntary party has not obtained approval of the investigation under
24subd. 1. or 5. or the agreement under subd. 2. by fraud or misrepresentation, by the
25knowing failure to disclose material information or under circumstances in which

1the voluntary party knew or should have known about more discharges of hazardous
2substances than were revealed by the investigation conducted under subd. 1. or 5.
SB45, s. 2596 3Section 2596. 292.15 (2) (b) of the statutes is amended to read:
SB45,1179,74 292.15 (2) (b) Extent of exemptions. The exemptions provided in pars. (a), (ae),
5(ag)
and (am) continue to apply after the date of certification by the department
6under par. (a) 3., (ae) 3. or (ag) 2., or approval by the department under par. (am),
7notwithstanding the occurrence of any of the following:
SB45,1179,108 1. Statutes, rules or regulations are created or amended that would impose
9greater responsibilities on the voluntary party than those imposed under par. (a) 2.,
10(ae) 2. or (ag) 1
.
SB45,1179,1411 2. The voluntary party fully complies with the rules promulgated by the
12department and any contract entered into under those rules under par. (a) 2., (ae) 2.
13or (ag) 1.
but it is discovered that the cleanup fails to fully restore the environment
14and minimize the effects from a discharge of a hazardous substance.
SB45,1179,1715 3. The contamination from a hazardous substance that is the subject of the
16cleanup under par. (a) 2., (ae) 2. or (ag) 1. is discovered to be more extensive than
17anticipated by the voluntary party and the department.
SB45, s. 2597 18Section 2597. 292.15 (2) (c) (title) of the statutes is created to read:
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