AB926: Bill Text

AB926, s. 1065 Section 1065. 287.01 (1) of the statutes is amended to read:

AB926,296,19 287.01 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1066 Section 1066. 287.25 (5) (a) of the statutes is amended to read:

AB926,296,23 287.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 20.375 (6) (br).

AB926, s. 1067 Section 1067. 287.91 (4) of the statutes is amended to read:

AB926,297,3 287.91 (4) The department of natural resources environmental quality shall reimburse the department of justice for the expenses incurred in enforcing this chapter from the appropriation under s. 20.370 20.375 (2) (ma).

AB926, s. 1068 Section 1068. 287.95 (4) of the statutes is amended to read:

AB926,297,7 287.95 (4) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for the violations under subs. (1), (2) (b) and (3) (b).

AB926, s. 1069 Section 1069. 289.01 (7) of the statutes is amended to read:

AB926,297,10 289.01 (7) "Department" means the department of natural resources environmental quality.

AB926, s. 1070 Section 1070. 289.01 (31) of the statutes is amended to read:

AB926,297,13 289.01 (31) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1071 Section 1071. 289.09 (2) (d) of the statutes is amended to read:

AB926,298,7 289.09 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter, ch. 287 or s. 299.15. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department of natural resources or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department of natural resources or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department of natural resources or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department of natural resources or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.

AB926, s. 1072 Section 1072. 289.25 (1) of the statutes is amended to read:

AB926,298,18 289.25 (1) Preliminary determination if environmental impact statement is required. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environmental impact statement is required under s. 1.11 prior to the determination of feasibility. If the department determines after review of the feasibility report that a determination of feasibility cannot be made without an environmental impact statement or if the department intends to require an environmental impact report under s. 23.11 (5) 278.40 (1m), the department shall notify the applicant in writing within the 60-day period of these decisions and shall commence the process required under s. 1.11 or 23.11 (5).

AB926, s. 1073 Section 1073. 289.29 (1) (c) of the statutes is amended to read:

AB926,298,25 289.29 (1) (c) The department may receive into evidence at a hearing conducted under s. 289.26 or 289.27 any environmental impact assessment or environmental impact statement for the facility prepared under s. 1.11 and any environmental impact report prepared under s. 23.11 (5) 278.40 (1m). The adequacy of the environmental impact assessment, environmental impact statement or environmental impact report is not subject to challenge at that hearing.

AB926, s. 1074 Section 1074. 289.31 (7) (f) of the statutes is amended to read:

AB926,299,10 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 20.375 (2) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

AB926, s. 1075 Section 1075. 289.43 (7) (c) of the statutes is amended to read:

AB926,299,19 289.43 (7) (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 and, 87.30, and 278.40. If the proposal does not comply with one or more of the requirements specified in this paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this subsection within 90 days.

AB926, s. 1076 Section 1076. 289.43 (7) (e) 3. of the statutes is amended to read:

AB926,299,22 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation under s. 20.370 20.375 (2) (dg).

AB926, s. 1077 Section 1077. 289.64 (6) of the statutes is amended to read:

AB926,300,3 289.64 (6) Use of solid waste facility siting board fees. The fees collected under sub. (2) shall be credited to the appropriation under s. 20.370 20.375 (2) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

AB926, s. 1078 Section 1078. 289.68 (1) of the statutes is amended to read:

AB926,300,12 289.68 (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dy) and (dz) for the purposes specified under sub. (6).

AB926, s. 1079 Section 1079. 289.68 (3) of the statutes is amended to read:

AB926,300,19 289.68 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 20.375 (2) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.

AB926, s. 1080 Section 1080. 289.68 (4) of the statutes is amended to read:

AB926,300,24 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 289.41 (11) (b) 1.

AB926, s. 1081 Section 1081. 289.68 (5) of the statutes is amended to read:

AB926,301,3 289.68 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).

AB926, s. 1082 Section 1082. 289.68 (6) of the statutes is amended to read:

AB926,301,7 289.68 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).

AB926, s. 1083 Section 1083. 289.68 (7) of the statutes is amended to read:

AB926,301,13 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

AB926, s. 1084 Section 1084. 291.01 (2) of the statutes is amended to read:

AB926,301,16 291.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 1085 Section 1085. 292.01 (2) of the statutes is amended to read:

AB926,301,19 292.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 1086 Section 1086. 292.01 (17) of the statutes is amended to read:

AB926,301,22 292.01 (17) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1087 Section 1087. 292.11 (6) (a) of the statutes is amended to read:

AB926,302,4 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in identifying, locating, monitoring, containing, removing and disposing of discharged substances.

AB926, s. 1088 Section 1088. 292.11 (6) (b) of the statutes is amended to read:

AB926,302,9 292.11 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 20.375 (2) (dv) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB926, s. 1089 Section 1089. 292.11 (6) (c) 2. of the statutes is amended to read:

AB926,302,13 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 20.375 (2) (my).

AB926, s. 1090 Section 1090. 292.12 (1) (a) of the statutes is amended to read:

AB926,302,20 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources environmental quality with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB926, s. 1091 Section 1091. 292.255 of the statutes is amended to read:

AB926,303,2 292.255 Report on brownfield efforts. The department of natural resources environmental quality, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.13 (1) (a).

AB926, s. 1092 Section 1092. 292.31 (4) of the statutes is amended to read:

AB926,303,10 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the environmental response rules under sub. (2) or the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which that is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 20.375 (2) (dv) prior to making other payments from that appropriation.

AB926, s. 1093 Section 1093. 292.31 (7) (am) 2. of the statutes is amended to read:

AB926,303,19 292.31 (7) (am) 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

AB926, s. 1094 Section 1094. 292.31 (7) (b) of the statutes is amended to read:

AB926,304,4 292.31 (7) (b) The department may expend moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq. The department shall promulgate by rule criteria for the expenditure of moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg). The criteria shall include consideration of the amount of moneys available in the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg), the moneys available from other sources for the required sharing of costs, the differences between public and private sites or facilities, the potential for cost recovery from responsible parties and any other appropriate factors.

AB926, s. 1095 Section 1095. 292.33 (6) of the statutes is amended to read:

AB926,304,11 292.33 (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 environmental quality, 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.

AB926, s. 1096 Section 1096. 292.41 (6) (a) of the statutes is amended to read:

AB926,304,17 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.

AB926, s. 1097 Section 1097. 292.41 (6) (b) of the statutes is amended to read:

AB926,304,21 292.41 (6) (b) No more than 25% of the total of all moneys available under the appropriation under s. 20.370 20.375 (2) (dv) and (my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB926, s. 1098 Section 1098. 292.53 of the statutes is amended to read:

AB926,305,4 292.53 Availability of environmental insurance. The department, in cooperation with the department of administration, may undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of contaminated property. The department of natural resources environmental quality may negotiate with, select, and contract with one or more insurers to provide insurance products under this section, subject to the approval of the department of administration under s. 16.865 (5).

AB926, s. 1099 Section 1099. 292.55 (2) of the statutes is amended to read:

AB926,305,10 292.55 (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 20.375 (2) (dh).

AB926, s. 1100 Section 1100. 292.57 (2) (b) of the statutes is amended to read:

AB926,305,13 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

AB926, s. 1101 Section 1101. 292.65 (3) (c) of the statutes is amended to read:

AB926,305,17 292.65 (3) (c) The department shall allocate 9.7% of the funds appropriated under s. 20.370 20.375 (6) (eq) in each fiscal year for awards for immediate action activities and applications that exceed the amount anticipated.

AB926, s. 1102 Section 1102. 292.65 (11) of the statutes is amended to read:

AB926,306,3 292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning product at a dry cleaning facility and there is a person who would be an eligible owner or operator under this section for the dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 20.375 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b) less the applicable deductible under sub. (8) (e). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 20.375 (6) (eq).

AB926, s. 1103 Section 1103. 292.70 (7) of the statutes is amended to read:

AB926,306,7 292.70 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 20.375 (2) (fq).

AB926, s. 1104 Section 1104. 292.75 (2) (a) of the statutes is amended to read:

AB926,306,12 292.75 (2) (a) The department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 20.375 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

AB926, s. 1105 Section 1105. 292.75 (6) of the statutes is amended to read:

AB926,306,17 292.75 (6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 20.375 (6) (et) for the fiscal year.

AB926, s. 1106 Section 1106. 292.94 of the statutes is amended to read:

AB926,307,2 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

AB926, s. 1107 Section 1107. 293.01 (3) of the statutes is amended to read:

AB926,307,5 293.01 (3) "Department" means the department of natural resources environmental quality.

AB926, s. 1108 Section 1108. 293.01 (28) (a) of the statutes is amended to read:

AB926,307,10 293.01 (28) (a) Habitat required for survival of species of vegetation or wildlife designated as endangered through prior inclusion in rules adopted by the department of natural resources, if such endangered species cannot be firmly reestablished elsewhere.

AB926, s. 1109 Section 1109. 293.01 (28) (b) (intro.) of the statutes is amended to read: