Amendment AA12-SB70

SB70-AA12,55,1 (c) “Innocent landowner” means any of the following:

SB70-AA12,55,7 1. A property owner that acquired the property prior to November 1, 2006, has continuously owned the property since the date of acquisition, and can demonstrate, through documentation, that the discharge or environmental pollution on the property was caused by another person and that the property owner did not know and had no reason to know of the discharge or environmental pollution when the owner acquired the property.

SB70-AA12,55,14 2. A property owner that acquired the property on or after November 1, 2006, has continuously owned the property since the date of acquisition, and can demonstrate, through documentation, that the property owner conducted all appropriate inquiries in compliance with 40 CFR part 312 prior to acquisition, that the discharge or environmental pollution on the property was caused by another person, and that the property owner did not know and had no reason to know of the discharge or environmental pollution when the owner acquired the property.

SB70-AA12,55,18 (d) “Interim action" means a response action that is taken to contain or stabilize a discharge or environmental pollution at a site or facility, in order to minimize any threats to public health, safety, or welfare or to the environment, while other response actions are being taken or planned for the site or facility.

SB70-AA12,55,19 (e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.

SB70-AA12,55,20 (f) “Private party” means any of the following:

SB70-AA12,55,21 1. A bank, trust company, savings bank, or credit union.

SB70-AA12,55,22 2. A developer, as defined in s. 66.0617 (1) (b).

SB70-AA12,56,2 3. An organization or enterprise, other than a sole proprietorship, that is operated for profit or that is nonprofit and nongovernmental, including an association, business trust, corporation, joint venture, limited liability company, limited liability partnership, partnership, or syndicate.

SB70-AA12,56,3 4. An innocent landowner.

SB70-AA12,56,4 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

SB70-AA12,56,7 (2) Powers and duties of the department. (a) The department shall administer a program to award aids from the appropriation under s. 20.370 (6) (et) to eligible entities under sub. (5).

SB70-AA12,56,10 (b) The department may not award aid to an entity under this section if that entity caused the discharge or environmental pollution at the site or facility for which aid is awarded, except to eligible entities for sites or facilities under sub. (4) (a).

SB70-AA12,56,13 (c) The department may award aid to eligible entities in the form of grants or direct services or, for sites or facilities under sub. (4) (a), in the form of reimbursements.

SB70-AA12,56,16 (d) The department may require a match from an eligible entity for an awarded aid in the form of cash or in-kind services, except from an eligible entity for a site or facility for which funds are designated under sub. (3) (a).

SB70-AA12,56,22 (3) Allocation of funds. (a) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for which a claim for reimbursement was submitted before the effective date of this paragraph .... [LRB inserts date], but for which the claim has not been paid, the department shall designate $1,000,000 of the funds appropriated under s. 20.370 (6) (et), or the total amount of such unpaid claims, whichever is less, to the payment of those claims.

SB70-AA12,57,3 (b) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for which an application for eligibility was submitted before the effective date of this paragraph .... [LRB inserts date], but for which a claim has not been made to the department, the department shall designate $450,000 of the funds appropriated under s. 20.370 (6) (et) to the payment of claims for such sites or facilities, until all such sites or facilities have received a case closure letter under s. 292.12.

SB70-AA12,57,5 (c) The department shall designate 15 percent of the funds appropriated under s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.

SB70-AA12,57,7 (d) The department may not provide more than one award of aid for a site or facility in a single fiscal year, except for sites or facilities under sub. (4) (a).

SB70-AA12,57,9 (4) Eligible sites and facilities. An eligible applicant under sub. (5) may receive aid under this section for any the following sites or facilities:

SB70-AA12,57,13 (a) Sites or facilities for which an application for eligibility was submitted under the dry cleaner environmental response program under s. 292.65, 2021 stats., and that were deemed eligible for that program before the effective date of this paragraph .... [LRB inserts date].

SB70-AA12,57,14 (b) Brownfields.

SB70-AA12,57,17 (c) Sites or facilities regulated under s. 292.11 that are owned by entities that are exempt from s. 292.11 (3), (4), and (7) (b) and (c) as provided under s. 292.11 (9) (e), 292.13, or 292.21.

SB70-AA12,57,19 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

SB70-AA12,57,21 (5) Eligible entities. The following entities are eligible for an award under this section.

SB70-AA12,57,23 (a) Local governmental units that did not cause the discharge or environmental pollution.

SB70-AA12,57,25 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

SB70-AA12,58,3 (c) Private parties, other than a dry cleaning facility under par. (b), that did not cause the discharge or environmental pollution and can demonstrate that the party's property was fairly acquired through an arm's-length transaction.

SB70-AA12,58,7 (6) Eligible activities; ineligible costs. (a) All activities for which aid is provided under this section shall comply with all state and federal laws and rules promulgated by the department, unless otherwise provided under this section or rules promulgated under this section.

SB70-AA12,58,9 (b) The department may award aid under this section to cover the costs of any of the following activities:

SB70-AA12,58,10 1. Assessment and investigation of a discharge or environmental pollution.

SB70-AA12,58,12 2. Interim and remedial actions to remove hazardous substances from contaminated media.

SB70-AA12,58,13 3. Treatment and disposal of contaminated media.

SB70-AA12,58,14 4. Vapor intrusion assessment and mitigation.

SB70-AA12,58,15 5. Removal of abandoned containers, as defined in s. 292.41 (1).

SB70-AA12,58,17 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of redevelopment activities.

SB70-AA12,58,18 7. Environmental monitoring.

SB70-AA12,58,20 8. Restoration or replacement of a private potable water supply, if eligible for temporary emergency water supplies under rules promulgated by the department.

SB70-AA12,58,22 9. The removal of underground hazardous substance or petroleum product storage tanks.

SB70-AA12,58,23 10. Preparation of documentation to apply for case closure under s. 292.11.

SB70-AA12,59,3 11. Other costs identified by the department as reasonable and necessary for proper investigation, analysis of remedial action options, remedial action planning, and remedial action to meet the requirements of s. 292.11.

SB70-AA12,59,5 (c) The department may not award aid under this section to cover any of the following costs:

SB70-AA12,59,7 1. The cost of activities conducted prior to the award of aid under this section, except for activities conducted at a site or facility under sub. (4) (a).

SB70-AA12,59,9 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

SB70-AA12,59,10 3. Legal fees.

SB70-AA12,59,11 4. The cost of investigations or remedial action conducted outside this state.

SB70-AA12,59,12 5. Costs for financing eligible activities.

SB70-AA12,59,16 (7) Application for aid. Eligible applicants shall submit an application on a form prescribed by the department and shall include any information the department finds necessary to evaluate the eligibility of the project and amount of aid to be awarded.

SB70-AA12,59,22 (8) Rules; records. The department shall promulgate rules to administer the program under this section, including rules prescribing the criteria for determining the amount of aid to be awarded, the records that must be maintained by an applicant, and the periods for which those records must be retained. The department may inspect any document in the possession of an applicant or any other person if the document is relevant to an application for aid under this section.

SB70-AA12,9232 Section 9232. Fiscal changes; Natural Resources.

SB70-AA12,60,3 (1) Dry cleaner environmental response fund transfer. The unencumbered balance in the dry cleaner environmental response fund under s. 25.48, 2021 stats., is transferred to the environmental fund under s. 25.46.”.

SB70-AA12,60,4 110. Page 374, line 11: after that line insert:

SB70-AA12,60,5 “ Section 102. 281.34 (3) (a) of the statutes is amended to read:

SB70-AA12,60,8 281.34 (3) (a) An owner shall notify the department of the location of a well that is not a high capacity well before construction of the well begins. An owner notifying the department under this subsection shall pay a fee of $50 $70.”.

SB70-AA12,60,9 111. Page 374, line 11: after that line insert:

SB70-AA12,60,10 “ Section 103. 281.34 (5e) of the statutes is created to read:

SB70-AA12,60,13 281.34 (5e) Well construction variances. The department shall collect a fee of $100 from an owner requesting a variance from the requirements of well construction rules promulgated by the department.”.

SB70-AA12,60,14 112. Page 374, line 11: after that line insert:

SB70-AA12,60,15 “ Section 104. 20.370 (4) (aj) of the statutes is amended to read:

SB70-AA12,60,22 20.370 (4) (aj) Water resources— ballast water discharge permits commercial vessel arrival fees. From the general fund, all moneys received from fees collected under s. 283.35 (1m) to administer and enforce the ballast water discharge permit program under s. 283.35 (1m) and for grants under 2009 Wisconsin Act 28, section 9137 (3w) s. 299.65 for management, administration, inspection, monitoring, and enforcement activities relating to incidental discharges, including ballast water discharges.

SB70-AA12,105 Section 105. 283.35 (1m) of the statutes is repealed.

SB70-AA12,106 Section 106. 299.65 of the statutes is created to read:

SB70-AA12,61,6 299.65 Commercial vessels subject to federal Vessel Incidental Discharge Act. (1) (a) Subject to pars. (b) and (c), the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay to the department, no later than 5 days prior to arriving in a port of this state, $650 per arrival to a port of this state.

SB70-AA12,61,9 (b) The owner or operator of a commercial vessel engaged in coastwise trade that is subject to the requirements of 46 USC 55101 to 55103 may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB70-AA12,61,13 (c) The owner or operator of a commercial vessel that is subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB70-AA12,61,18 (2) The department may adjust the amount of the fee under sub. (1) (a) once every 5 years to account for any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the month of October immediately preceding the date of adjustment, as provided under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).

SB70-AA12,61,20 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

SB70-AA12,107 Section 107. 299.66 of the statutes is renumbered 299.66 (1).

SB70-AA12,108 Section 108. 299.66 (2) of the statutes is created to read:

SB70-AA12,62,2 299.66 (2) (a) The department may enter into a memorandum of agreement with the U.S. Coast Guard concerning implementation and enforcement of the provisions of 33 USC 1322 and any regulations promulgated by the secretary of the U.S. department of homeland security under 33 USC 1322 (p) (5).

SB70-AA12,62,7 (b) If the department enters into a memorandum of agreement with the U.S. Coast Guard under par. (a), an employee or agent of the department may board and inspect any vessel that is subject to s. 299.65 to determine the state of compliance with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any regulations promulgated thereunder.

SB70-AA12,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-AA12,62,14 (1) Notification of U.S. Coast Guard rules for vessel discharge. When the department of natural resources determines that the secretary of the U.S. department of homeland security has promulgated final, effective, and enforceable rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference bureau. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

SB70-AA12,9432 Section 9432. Effective dates; Natural Resources.

SB70-AA12,62,20 (1) Commercial vessels subject to federal Vessel Incidental Discharge Act. The treatment of ss. 20.370 (4) (aj), 283.35 (1m), and 299.65, the renumbering of s. 299.66, and the creation of s. 299.66 (2) take effect on the date specified in the notice published in the Wisconsin Administrative Register under Section 9132 (1) of this act.”.

SB70-AA12,62,21 113. Page 374, line 11: after that line insert:

SB70-AA12,62,22 “ Section 109. 283.90 of the statutes is created to read:

SB70-AA12,63,13 283.90 Notification of violations. Whenever, on the basis of any information available to it, the department finds that a permit holder has violated any limitation in a permit that is based on a groundwater protection standard under ch. 160, the department shall notify the county health department and county land and conservation department in the county in which the permit holder is located and the county health department and county land and conservation department in any adjacent county that the department determines may be negatively affected as a result of the violation. The department shall provide this notice within 7 business days after confirming that a violation has occurred. The department shall create and maintain a notification system for notifying county health departments, county land and conservation departments, and interested parties of the violations described in this section. The department may establish, by rule, procedures for providing notice under this section. The notification system under this section shall ensure that county health departments and county land and conservation departments are notified at least 24 hours prior to notifying any other interested parties.

SB70-AA12,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-AA12,64,2 (1) Emergency rules for notification of water permit violations. The department of natural resources may use the procedure under s. 227.24, to promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of scope of the rules promulgated under this subsection and is not required to present the rules promulgated under this subsection to the governor for approval.

SB70-AA12,9432 Section 9432. Effective dates; Natural Resources.

SB70-AA12,64,5 (1) Notification of water permit violations. The treatment of s. 283.90 takes effect on the first day of the 7th month beginning after publication.”.

SB70-AA12,64,6 114. Page 374, line 11: after that line insert:

SB70-AA12,64,7 “ Section 110. 283.31 (8) of the statutes is amended to read:

SB70-AA12,64,15 283.31 (8) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).”.

SB70-AA12,64,16 115. Page 374, line 11: after that line insert:

SB70-AA12,64,17 “ Section 111. 20.370 (9) (bj) of the statutes is amended to read:

SB70-AA12,64,23 20.370 (9) (bj) Storm water management — fees. From the general fund, the amounts in the schedule all moneys received under s. 283.33 (9) and under 2009 Wisconsin Act 28, section 9110 (11f), for the administration, including enforcement, of the storm water discharge permit program under s. 283.33. All moneys received under s. 283.33 (9) and under 2009 Wisconsin Act 28, section 9110 (11f) shall be credited to this appropriation account.”.

SB70-AA12,64,24 116. Page 374, line 11: after that line insert: