Amendment SA5-SSA2-SB70

SB70-SSA2-SA5,49,13 (2) Rules. The department may promulgate rules establishing the application process and grant-awarding criteria for the biodigester operator certification grants.

SB70-SSA2-SA5,81 Section 81. 93.74 of the statutes is created to read:

SB70-SSA2-SA5,50,3 93.74 Planning grants for regional biodigesters. (1) Grant program. From the appropriation under s. 20.115 (7) (u), the department shall provide planning grants for establishing regional biodigesters.

SB70-SSA2-SA5,50,5 (2) Rules. The department shall promulgate rules for the administration of this section.”.

SB70-SSA2-SA5,50,6 106. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,50,7 “ Section 82. 292.74 of the statutes is created to read:

SB70-SSA2-SA5,50,22 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines are necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter.”.

SB70-SSA2-SA5,50,23 107. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,50,24 “ Section 83. 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB70-SSA2-SA5,51,9 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person's custody, possession, or control which relate to:

SB70-SSA2-SA5,84 Section 84. 292.31 (1) (d) 1m. of the statutes is created to read:

SB70-SSA2-SA5,51,13 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.”.

SB70-SSA2-SA5,51,14 108. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,51,15 “ Section 85. 299.44 of the statutes is created to read:

SB70-SSA2-SA5,51,16 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

SB70-SSA2-SA5,51,20 (a) “Coal tar sealant product” means a surface-applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

SB70-SSA2-SA5,51,22 (b) “High PAH sealant product” means a surface-applied sealing product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

SB70-SSA2-SA5,52,3 (2) Prohibitions. (a) Beginning January 1, 2024, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

SB70-SSA2-SA5,52,5 (b) Beginning July 1, 2024, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

SB70-SSA2-SA5,52,7 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

SB70-SSA2-SA5,52,9 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.

SB70-SSA2-SA5,52,12 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.”.

SB70-SSA2-SA5,52,13 109. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,52,14 “ Section 86. 15.347 (2) of the statutes is repealed.

SB70-SSA2-SA5,87 Section 87. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table

SB70-SSA2-SA5,88 Section 88. 20.370 (4) (eq) of the statutes is repealed.

SB70-SSA2-SA5,89 Section 89. 20.370 (6) (eq) of the statutes is repealed.

SB70-SSA2-SA5,90 Section 90. 20.370 (6) (et) of the statutes is created to read:

SB70-SSA2-SA5,53,6 20.370 (6) (et) Environmental aids — revitalize Wisconsin program. Biennially, from the environmental fund, the amounts in the schedule for aid awards under s. 292.66 and to make any required payments under s. 25.43 (2s).

SB70-SSA2-SA5,91 Section 91. 20.370 (6) (eu) of the statutes is created to read:

SB70-SSA2-SA5,53,13 20.370 (6) (eu) Environmental aids — waste removal and sampling. Biennially, from the environmental fund, the amounts in the schedule to provide financial assistance for the purpose of removing waste materials that have accumulated or been dumped on abandoned properties and to conduct sampling and testing to determine if those properties pose a risk to public health and safety or the environment.

SB70-SSA2-SA5,92 Section 92. 20.370 (9) (nq) of the statutes is repealed.

SB70-SSA2-SA5,93 Section 93. 20.566 (1) (r) of the statutes is amended to read:

SB70-SSA2-SA5,53,18 20.566 (1) (r) Administration of dry cleaner fees. From the dry cleaner environmental response environmental fund, the amounts in the schedule for the purpose of administering the fees under subch. XII of ch. 77.

SB70-SSA2-SA5,94 Section 94. 25.17 (1) (d) of the statutes is repealed.

SB70-SSA2-SA5,95 Section 95. 25.43 (2s) of the statutes is repealed and recreated to read:

SB70-SSA2-SA5,54,4 25.43 (2s) The secretary of administration and the secretary of natural resources shall ensure that any moneys required to be repaid to the environmental improvement fund as a result of a transfer under s. 25.43 (2s), 2021 stats., shall be paid from the environmental fund to the environmental improvement fund.

SB70-SSA2-SA5,96 Section 96. 25.46 (1) (s) of the statutes is created to read:

SB70-SSA2-SA5,54,7 25.46 (1) (s) All moneys received under s. 77.9964 (3) for environmental management.

SB70-SSA2-SA5,97 Section 97. 25.46 (2m) of the statutes is amended to read:

SB70-SSA2-SA5,54,12 25.46 (2m) Of the moneys described in sub. (1) that are received for the purpose of environmental management, except the moneys described in sub. (1) (ej), (ek), (hm), (j), (jj), (s), (t), and (u), $6,150,000 shall, in each fiscal year, be considered to have been received for the purpose of nonpoint source water pollution abatement.

SB70-SSA2-SA5,98 Section 98. 25.48 of the statutes is repealed.

SB70-SSA2-SA5,99 Section 99. 77.9964 (3) of the statutes is amended to read:

SB70-SSA2-SA5,54,16 77.9964 (3) The department shall deposit all of the revenue that it collects under this subchapter in the environmental fund under s. 25.48.

SB70-SSA2-SA5,100 Section 100. 292.65 (14) of the statutes is amended to read:

SB70-SSA2-SA5,54,19 292.65 (14) Sunset. This section does not apply after June 30, 2032 the effective date of this subsection .... [LRB inserts date].

SB70-SSA2-SA5,101 Section 101. 292.66 of the statutes is created to read:

SB70-SSA2-SA5,54,21 292.66 Revitalize Wisconsin program. (1) Definitions. In this section:

SB70-SSA2-SA5,54,24 (a) “Brownfield” means a property that is abandoned, idle, or underused, the expansion or redevelopment of which is adversely affected by actual or perceived discharge or environmental pollution.

SB70-SSA2-SA5,54,25 (b) “Discharge” has the meaning given in s. 292.01 (3).

SB70-SSA2-SA5,55,1 (c) “Innocent landowner” means any of the following:

SB70-SSA2-SA5,55,7 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-SSA2-SA5,55,14 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-SSA2-SA5,55,18 (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-SSA2-SA5,55,19 (e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.

SB70-SSA2-SA5,55,20 (f) “Private party” means any of the following:

SB70-SSA2-SA5,55,21 1. A bank, trust company, savings bank, or credit union.

SB70-SSA2-SA5,55,22 2. A developer, as defined in s. 66.0617 (1) (b).

SB70-SSA2-SA5,56,2 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-SSA2-SA5,56,3 4. An innocent landowner.

SB70-SSA2-SA5,56,4 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

SB70-SSA2-SA5,56,7 (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-SSA2-SA5,56,10 (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-SSA2-SA5,56,13 (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-SSA2-SA5,56,16 (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-SSA2-SA5,56,22 (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-SSA2-SA5,57,3 (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-SSA2-SA5,57,5 (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-SSA2-SA5,57,7 (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-SSA2-SA5,57,9 (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-SSA2-SA5,57,13 (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-SSA2-SA5,57,14 (b) Brownfields.

SB70-SSA2-SA5,57,17 (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-SSA2-SA5,57,19 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

SB70-SSA2-SA5,57,21 (5) Eligible entities. The following entities are eligible for an award under this section.

SB70-SSA2-SA5,57,23 (a) Local governmental units that did not cause the discharge or environmental pollution.

SB70-SSA2-SA5,57,25 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

SB70-SSA2-SA5,58,3 (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-SSA2-SA5,58,7 (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-SSA2-SA5,58,9 (b) The department may award aid under this section to cover the costs of any of the following activities:

SB70-SSA2-SA5,58,10 1. Assessment and investigation of a discharge or environmental pollution.

SB70-SSA2-SA5,58,12 2. Interim and remedial actions to remove hazardous substances from contaminated media.

SB70-SSA2-SA5,58,13 3. Treatment and disposal of contaminated media.

SB70-SSA2-SA5,58,14 4. Vapor intrusion assessment and mitigation.

SB70-SSA2-SA5,58,15 5. Removal of abandoned containers, as defined in s. 292.41 (1).

SB70-SSA2-SA5,58,17 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of redevelopment activities.

SB70-SSA2-SA5,58,18 7. Environmental monitoring.

SB70-SSA2-SA5,58,20 8. Restoration or replacement of a private potable water supply, if eligible for temporary emergency water supplies under rules promulgated by the department.

SB70-SSA2-SA5,58,22 9. The removal of underground hazardous substance or petroleum product storage tanks.