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:
SB45,1179,1919 292.15 (2) (c) (title) Prohibition on action.
SB45, s. 2598 20Section 2598. 292.15 (2) (c) of the statutes is amended to read:
SB45,1179,2421 292.15 (2) (c) The department of justice may not commence an action under 42
22USC 9607
against any voluntary party meeting the criteria of this subsection to
23recover costs for which the voluntary party is exempt under pars. (a), (ac), (ag), (am),
24(at)
and (b).
SB45, s. 2599 25Section 2599. 292.15 (2) (d) (title) of the statutes is created to read:
SB45,1180,1
1292.15 (2) (d) (title) Exception.
SB45, s. 2600 2Section 2600. 292.15 (2) (e) of the statutes is created to read:
SB45,1180,63 292.15 (2) (e) Contract with insurer. If the department requires insurance
4under par. (a) 7. or (ae) 3m., the department may contract with an insurer to provide
5insurance required under par. (a) 7. or (ae) 3m. and may require voluntary parties
6to obtain coverage under the contract.
SB45, s. 2601 7Section 2601. 292.15 (3) of the statutes is amended to read:
SB45,1180,158 292.15 (3) Successors and assigns. The An exemption provided in sub. (2)
9applies to any successor or assignee of the voluntary party who qualifies as a
10voluntary party and who
if the successor or assignee complies with the provisions of
11sub. (2) (a) 4. and 5. unless or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or
12(am) as though the successor or assignee were the voluntary party except that the
13exemption in sub. (2) does not apply if
the successor or assignee knows that a
14certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. or (am) was obtained by any of the
15means or under any of the circumstances specified in sub. (2) (a) 6.
SB45, s. 2602 16Section 2602. 292.15 (4) (intro.) of the statutes is amended to read:
SB45,1180,2217 292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary
18party under sub. (2) (a) 2. may be monetarily limited by agreement between the
19voluntary party and the department if the voluntary party purchased the property
20from a local governmental unit that acquired the property in a way or for a purpose
21described in s. 292.11 (9) (e) 1m. a., b., c. or d. The agreement shall stipulate all of the
22following:
SB45, s. 2603 23Section 2603. 292.15 (5m) of the statutes is repealed.
SB45, s. 2604 24Section 2604. 292.15 (6) of the statutes is renumbered 292.15 (6) (a) and
25amended to read:
SB45,1181,3
1292.15 (6) (a) This section does not exempt property from any lien filed under
2s. 292.81 (3) for costs incurred by the department prior to the date that certification
3is issued under sub. (2) (a) 3., (ae) 3. or (ag) 2.
SB45, s. 2605 4Section 2605. 292.15 (6) (b) of the statutes is created to read:
SB45,1181,85 292.15 (6) (b) This section does not exempt property from any lien filed under
6s. 292.81 (3) for costs that are incurred by the department with respect to a hazardous
7substance discharge described in sub. (2) (at) 3. and that are not covered by insurance
8required by sub. (2) (at) 3.
SB45, s. 2606 9Section 2606. 292.21 (1) (c) 1. b. of the statutes is repealed.
SB45, s. 2607 10Section 2607. 292.21 (1) (c) 1. g. of the statutes is created to read:
SB45,1181,1511 292.21 (1) (c) 1. g. The lender agrees to allow the department, any authorized
12representatives of the department, any party that possessed or controlled the
13hazardous substance or caused the discharge of the hazardous substance and any
14consultant or contractor of such a party to enter the real property to take action to
15respond to the discharge.
SB45, s. 2608 16Section 2608. 292.21 (1) (c) 1. h. of the statutes is created to read:
SB45,1181,1917 292.21 (1) (c) 1. h. The lender agrees to avoid any interference with action
18undertaken to respond to the discharge and to avoid actions that worsen the
19discharge.
SB45, s. 2609 20Section 2609. 292.21 (1) (c) 1. i. of the statutes is created to read:
SB45,1181,2321 292.21 (1) (c) 1. i. The lender agrees to any other condition that the department
22determines is reasonable and necessary to ensure that the department or other
23person described in subd. 1. g. can adequately respond to the discharge.
SB45, s. 2610 24Section 2610. 292.24 of the statutes is created to read:
SB45,1182,3
1292.24 Responsibility of local governmental units; hazardous waste.
2(1) Definition. In this section, "local governmental unit" has the meaning given in
3s. 292.11 (9) (e) 1.
SB45,1182,8 4(2) Exemption from liability. Except as provided in sub. (3), a local
5governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules
6promulgated under those provisions, with respect to the existence of a hazardous
7waste on property acquired in a way or for a purpose described in s. 292.11 (9) (e) 1m.,
8if all of the following occur at any time before or after the date of acquisition:
SB45,1182,119 (a) An environmental investigation of the property is conducted that is
10approved by the department and that identifies any hazardous waste discharges
11that occurred on the property.
SB45,1182,1612 (b) The hazardous waste discharges identified by the investigation under par.
13(a) are cleaned up by restoring the environment to the extent practicable with respect
14to the discharges and minimizing the harmful effects from the discharges in
15accordance with rules promulgated by the department and any contract entered into
16under those rules.
SB45,1182,2017 (c) The local governmental unit obtains a certificate of completion from the
18department stating that the property has been satisfactorily restored to the extent
19practicable with respect to the hazardous waste discharges and that the harmful
20effects from the discharges have been minimized.
SB45,1182,2321 (d) The local governmental unit maintains and monitors the property as
22required under rules promulgated by the department and any contract entered into
23under those rules.
SB45,1182,2524 (e) The local governmental unit does not engage in activities that are
25inconsistent with the maintenance of the property.
SB45,1183,5
1(f) The local governmental unit has not obtained the certification under par. (c)
2by fraud or misrepresentation, by the knowing failure to disclose material
3information or under circumstances in which the local governmental unit knew or
4should have known about more discharges of hazardous waste than were revealed
5by the investigation conducted under par. (a).
SB45,1183,76 (g) The local governmental unit did not cause the discharge of any hazardous
7waste identified on the property.
SB45,1183,8 8(3) Applicability. Subsection (2) does not apply to any of the following:
SB45,1183,109 (a) A hazardous waste treatment, storage or disposal facility that first begins
10operation after the date on which the local governmental unit acquired the property.
SB45,1183,1411 (b) A licensed hazardous waste treatment, storage or disposal facility operated
12on the property before the date on which the local governmental unit acquired the
13property and that is operated after the date on which the local governmental unit
14acquired the property.
SB45,1183,1715 (c) Any hazardous waste disposal facility that has been issued a license under
16s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
17sections, for a period of long-term care following closure of the facility.
SB45, s. 2611 18Section 2611. 292.25 of the statutes is created to read:
SB45,1183,20 19292.25 Report on impact of exemptions from liability. (1) The
20department shall biennially determine all of the following:
SB45,1183,2221 (a) The number of sites for which a person is seeking to qualify for an exemption
22under s. 292.15.
SB45,1183,2423 (b) The number of sites for which a certificate of completion was issued under
24s. 292.15.
SB45,1184,3
1(c) The number of sites for which a certificate of completion was issued under
2s. 292.15 at which it is discovered that the cleanup failed or at which additional
3hazardous substances are found after the certificate of completion was issued.
SB45,1184,64 (d) The number of sites described in par. (b) at which the department has
5determined that it is necessary to conduct remedial action using moneys from the
6environmental fund and the estimated costs of performing that remedial action.
SB45,1184,87 (e) The number of sites for which a claim was made against an insurance policy
8required under s. 292.15.
SB45,1184,11 9(2) No later than September 15 of each even-numbered year, the department
10shall submit a report describing its determinations under sub. (1) to the legislature
11under s. 13.172 (2), to the governor and to the department of administration.
SB45,1184,13 12(3) The department may require a person to provide information necessary for
13the department to make the determinations under sub. (1).
SB45, s. 2612 14Section 2612. 292.33 of the statutes is created to read:
SB45,1184,17 15292.33 Local government cost recovery cause of action. (1) Definition.
16 In this section "local governmental unit" has the meaning given in s. 292.11 (9) (e)
171.
SB45,1184,21 18(2) Cause of action. Except as provided in sub. (6), a local governmental unit
19may recover costs as provided in sub. (4) from a responsible person described in sub.
20(3) if the costs are incurred in connection with a property acquired as provided in s.
21292.11 (9) (e) 1m. on which a hazardous substance has been discharged.
SB45,1184,24 22(3) Responsible persons. (a) Except as provided in par. (b), a local
23governmental unit may recover costs in an action under this section from any of the
24following:
SB45,1185,3
11. A person who, at the time that the local governmental unit acquired the
2property, possessed or controlled the hazardous substance that was discharged on
3the property.
SB45,1185,54 2. A person who caused the discharge of the hazardous substance on the
5property.
SB45,1185,96 (b) A local governmental unit may not recover costs in an action under sub. (2)
7from a person described in par. (a) if the person qualifies for an exemption under s.
8292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge
9that is the subject of the action.
SB45,1185,12 10(4) Recoverable costs. (a) Except as provided in par. (b), in an action under
11this section a local governmental unit may recover the reasonable and necessary
12costs that it incurs for all of the following:
SB45,1185,1413 1. Investigating environmental contamination on the property and planning
14remedial activities described in subd. 2.
SB45,1185,1615 2. Conducting remedial activities to restore the property for its intended future
16use.
SB45,1185,1917 3. Administering the activities under subds. 1. and 2. and bringing the action
18under this section, including costs, disbursements, engineering fees and,
19notwithstanding s. 814.04 (1), reasonable attorney fees.
SB45,1185,2120 (b) The costs determined under par. (a) shall be reduced by the fair market
21value of the property after completion of the activities under par. (a) 2.
SB45,1185,2422 (c) Recoverable costs under this subsection may not be reduced by the amount
23of any state or federal moneys received by the local governmental unit for any of the
24activities under par. (a).
SB45,1186,7
1(5) Repaying state assistance. If a local governmental unit that recovers costs
2under this section received money from this state, other than under s. 292.11 (7) or
3292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental
4unit shall reimburse to the state an amount that bears the same proportion to the
5total amount recovered under this section as the amount received from the state,
6other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under
7sub. (4) (a) adjusted as provided in sub. (4) (b).
SB45,1186,13 8(6) Exception. A local governmental unit may not recover costs under this
9section for remedial activities conducted on a property or portion of a property with
10respect to a discharge after the department of natural resources, the department of
11commerce or the department of agriculture, trade and consumer protection has
12indicated that no further remedial activities are necessary on the property or portion
13of the property with respect to the discharge.
SB45,1186,16 14(7) Limitation of action. An action under this section shall be commenced
15within 6 years after the date that the local governmental unit completes the
16activities under sub. (4) (a) 2. or be barred.
SB45, s. 2613 17Section 2613. 292.57 of the statutes is created to read:
SB45,1186,21 18292.57 Database of properties on which groundwater standards are
19exceeded.
(1) In this section, "groundwater standard" means an enforcement
20standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s.
21160.01 (6).
SB45,1186,24 22(2) (a) The department may promulgate a rule specifying a fee for placing
23information concerning a property on which a groundwater standard is exceeded into
24a database.
SB45,1187,2
1(b) Any moneys collected under this subsection shall be credited to the
2appropriation account under s. 20.370 (2) (mi).
SB45, s. 2614 3Section 2614. 292.65 (1) (d) 9. of the statutes is created to read:
SB45,1187,44 292.65 (1) (d) 9. A formal wear rental firm.
SB45, s. 2615 5Section 2615. 292.65 (1) (h) 3. of the statutes is created to read:
SB45,1187,76 292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased
7operating before October 14, 1997.
SB45, s. 2616 8Section 2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1.
9(intro.) and amended to read:
SB45,1187,1410 292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a
11dry cleaning facility,
or who receives or received direct or indirect consideration from
12the operation of a dry cleaning facility regardless of whether the dry cleaning facility
13remains in operation and regardless of whether the person owns or receives
14consideration at the time that environmental pollution occurs.
, any of the following:
SB45, s. 2617 15Section 2617. 292.65 (1) (i) 1. a. of the statutes is created to read:
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