Amendment AA12-ASA2-AB50

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AB50-ASA2-AA12,85 Section 85. 20.370 (6) (aa) of the statutes is created to read:

AB50-ASA2-AA12,38,16 20.370 (6) (aa) Environmental aids – winter road safety improvement. As a continuing appropriation, the amounts in the schedule for grants under the winter road safety improvement grants program under s. 281.73.

AB50-ASA2-AA12,86 Section 86. 281.73 of the statutes is created to read:

AB50-ASA2-AA12,38,20 281.73 Winter road safety improvement grants. (1) The department shall develop and administer a program to provide financial assistance to municipalities for eligible expenditures for equipment critical to winter road safety.

AB50-ASA2-AA12,38,21 (2) An individual grant awarded under this section may not exceed $75,000.

AB50-ASA2-AA12,39,4 (3) The department shall promulgate rules necessary to administer this section, including rules that specify criteria for determining eligible recipients and expenditures, which shall include expenditures for live-edge blades, salt spreader control systems, brine mixers, and structural upgrades to salt storage facilities to prevent ground water contamination.

AB50-ASA2-AA12,39,6 (4) From the appropriation under s. 20.370 (6) (aa), the department may award grants to eligible recipients for eligible expenditures under this section.”.

AB50-ASA2-AA12,39,7 15. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,39,8 “Section 87. 23.405 of the statutes is created to read:

AB50-ASA2-AA12,39,10 23.405 Report on environmental impacts to covered communities. (1) In this section:

AB50-ASA2-AA12,39,13 (a) “Covered community” means a census tract that is at or above the 65th percentile for share of households with a household income at or below 200 percent of the federal poverty level and is any of the following:

AB50-ASA2-AA12,39,17 1. At or above the 90th percentile for share of households that are both earning less than 80 percent of area median family income, as determined by the federal department of housing and urban development, and are spending more than 30 percent of their income on housing costs.

AB50-ASA2-AA12,39,18 2. At or above the 90th percentile for share of homes built before 1960.

AB50-ASA2-AA12,39,20 3. At or above the 90th percentile for having hazardous waste treatment, storage, or disposal facilities or large quantity generators located within 3.1 miles.

AB50-ASA2-AA12,39,23 4. At or above the 90th percentile for number of proposed or listed sites identified by the federal environmental protection agency as superfund or national priorities list sites located within 3.1 miles.

AB50-ASA2-AA12,40,2 5. At or above the 90th percentile for mixture of particles in diesel exhaust in the air, measured as pounds per cubic foot.

AB50-ASA2-AA12,40,4 6. At or above the 90th percentile for number of vehicles, based on average annual daily traffic, at major roads within 1,640 feet, divided by distance in feet.

AB50-ASA2-AA12,40,7 7. At or above the 90th percentile for risk-screening environmental indicators modeled toxic concentrations at stream segments within 1,640 feet, divided by distance in feet.

AB50-ASA2-AA12,40,8 8. Occupied by a federally recognized American Indian tribe or band.

AB50-ASA2-AA12,40,12 (b) “Cumulative impacts” means the combined past, present, and foreseeable future emissions and discharges occurring in a specific geographical area that are assessed based upon guidance issued by the department for exposure, public health or environmental risk, or other effects to the geographical area.

AB50-ASA2-AA12,40,14 (c) “Facility” means any facility, the operation of which requires a permit issued by the department under ch. 283, 285, 289, or 291.

AB50-ASA2-AA12,40,17 (2) The department shall identify and maintain a list of covered communities in the state. The department shall update the list as necessary to reflect the most recent data on household income and the most recent federal decennial census.

AB50-ASA2-AA12,40,20 (3) The department may not issue a permit under ch. 283, 285, 289, or 291 for the operation of a facility that is located wholly or partly within a covered community unless the permit applicant does all of the following:

AB50-ASA2-AA12,41,2 (a) Prepares a report assessing the environmental impact of the facility, including any cumulative impacts on the covered community, any adverse environmental effects that could not be avoided if the permit were issued, and the public health impact on the covered community.

AB50-ASA2-AA12,41,5 (b) Makes the report available to the public and provides the report to the department and the governing body and municipal clerk for the municipality in which the covered community is located.

AB50-ASA2-AA12,41,16 (c) Not less than 30 days after providing the report to the department and the governing body and municipal clerk under par. (b), conducts a public hearing in the municipality in which the covered community is located. The permit applicant shall conduct the public hearing in a manner that provides clear, accurate, and complete information about the facility and that provides the opportunity for meaningful public participation by residents of the covered community. Not less than 21 days prior to the hearing, the permit applicant shall publish public notices of the hearing in no fewer than 2 newspapers circulating within the covered community. Not less than 14 days prior to the hearing, the permit applicant shall provide a copy of the public notice to the department and the governing body and the municipal clerk of the municipality in which the covered community is located.

AB50-ASA2-AA12,41,20 (4) If a permit applicant is applying for more than one permit for a proposed new or expanded facility that is subject to sub. (3), the permit applicant is not required to comply with sub. (3) more than once for permits applicable to that facility.

AB50-ASA2-AA12,42,2 (5) Following a public hearing conducted under sub. (3) (c), the department shall consider community support and any testimony presented in its decision to grant or deny a permit and shall evaluate any revisions or conditions to the permit that may be necessary to reduce the adverse impact to public health or to the environment in the covered community.

AB50-ASA2-AA12,42,10 (6) The department shall issue a decision on a permit application that is subject to sub. (3) not less than 60 days following the public hearing held as required by sub. (3) (c). The department may deny an application for a permit for the operation of a facility that is located wholly or partly within a covered community if the department finds that the cumulative impact of the facility, in addition to the existing conditions in the covered community, constitute an unreasonable risk to the environment and the health of the residents in the covered community.

AB50-ASA2-AA12,42,12 (7) The department may promulgate any rules necessary to administer this section.

AB50-ASA2-AA12,9432 Section 9432. Effective dates; Natural Resources.

AB50-ASA2-AA12,42,14 (1) Environmental impacts to covered communities.

AB50-ASA2-AA12,42,16 (a) Except as provided in par. (b), the treatment of s. 23.405 takes effect on the first day of the 6th month beginning after publication.

AB50-ASA2-AA12,42,18 (b) The treatment of s. 23.405 (1) (a) and (2) takes effect on first day of the 4th month beginning after publication.”.

AB50-ASA2-AA12,42,19 16. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,42,20 “Section 88. 20.866 (2) (ti) of the statutes is amended to read:

AB50-ASA2-AA12,43,4 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the capital improvement fund, a sum sufficient for the department of natural resources to fund removal of contaminated sediment under s. 281.87. The state may contract public debt in an amount not to exceed $32,000,000 $49,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose.”.

AB50-ASA2-AA12,43,5 17. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,43,13 “Section 89. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA12,90 Section 90. 20.370 (6) (et) of the statutes is created to read:

AB50-ASA2-AA12,43,17 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.

AB50-ASA2-AA12,91 Section 91. 20.370 (6) (eu) of the statutes is created to read:

AB50-ASA2-AA12,44,2 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.

AB50-ASA2-AA12,92 Section 92. 292.66 of the statutes is created to read:

AB50-ASA2-AA12,44,4 292.66 Revitalize Wisconsin program. (1) Definitions. In this section:

AB50-ASA2-AA12,44,7 (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.

AB50-ASA2-AA12,44,8 (b) “Discharge” has the meaning given in s. 292.01 (3).

AB50-ASA2-AA12,44,9 (c) “Innocent landowner” means any of the following:

AB50-ASA2-AA12,44,15 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.

AB50-ASA2-AA12,44,22 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.

AB50-ASA2-AA12,45,3 (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.

AB50-ASA2-AA12,45,4 (e) “Local governmental unit” has the meaning given in s. 292.11 (9) (e) 1.

AB50-ASA2-AA12,45,5 (f) “Private party” means any of the following:

AB50-ASA2-AA12,45,6 1. A bank, trust company, savings bank, or credit union.

AB50-ASA2-AA12,45,7 2. A developer, as defined in s. 66.0617 (1) (b).

AB50-ASA2-AA12,45,11 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.

AB50-ASA2-AA12,45,12 4. An innocent landowner.

AB50-ASA2-AA12,45,13 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

AB50-ASA2-AA12,45,16 (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).

AB50-ASA2-AA12,45,20 (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 under sub. (5) for sites or facilities under sub. (4) (a).

AB50-ASA2-AA12,45,23 (c) The department may award aid to eligible entities under sub. (5) in the form of grants or direct services or, for sites or facilities under sub. (4) (a), in the form of reimbursements.

AB50-ASA2-AA12,46,4 (d) The department may require a match from an eligible entity under sub. (5), in the form of cash or in-kind services, for aid awarded under this section, except the department may not require a match from an eligible entity for a site or facility for which funds are designated under sub. (3) (a).

AB50-ASA2-AA12,46,10 (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.

AB50-ASA2-AA12,46,16 (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.

AB50-ASA2-AA12,46,19 (c) The department shall designate 15 percent of the funds appropriated under s. 20.370 (6) (et) to provide aid under this section in small or disadvantaged communities.

AB50-ASA2-AA12,46,22 (d) The department may not provide more than one award of aid under this section for a site or facility in a single fiscal year, except for sites or facilities under sub. (4) (a).

AB50-ASA2-AA12,47,2 (4) Eligible sites and facilities. An eligible entity under sub. (5) may receive aid under this section for any of the following sites or facilities:

AB50-ASA2-AA12,47,6 (a) Sites or facilities for which an application for eligibility was submitted under the dry cleaner environmental response program under s. 292.65 and that were deemed eligible for that program before the effective date of this paragraph .... [LRB inserts date].

AB50-ASA2-AA12,47,7 (b) Brownfields.

AB50-ASA2-AA12,47,10 (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.

AB50-ASA2-AA12,47,12 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

AB50-ASA2-AA12,47,14 (5) Eligible entities. The following entities are eligible for an award under this section.

AB50-ASA2-AA12,47,16 (a) Local governmental units that did not cause the discharge or environmental pollution.

AB50-ASA2-AA12,47,18 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

AB50-ASA2-AA12,47,21 (c) A private party, other than a dry cleaning facility under par. (b), that did not cause the discharge or environmental pollution and can demonstrate that the private party’s property was fairly acquired through an arm’s-length transaction.

AB50-ASA2-AA12,48,2 (6) Eligible activities; ineligible costs. (a) An entity that receives aid 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.

AB50-ASA2-AA12,48,4 (b) The department may award aid under this section to cover the costs of any of the following activities:

AB50-ASA2-AA12,48,5 1. Assessment and investigation of a discharge or environmental pollution.

AB50-ASA2-AA12,48,7 2. Interim actions and remedial actions to remove hazardous substances from contaminated media.

AB50-ASA2-AA12,48,8 3. Treatment and disposal of contaminated media.

AB50-ASA2-AA12,48,9 4. Vapor intrusion assessment and mitigation.

AB50-ASA2-AA12,48,10 5. Removal of abandoned containers, as defined in s. 292.41 (1).

AB50-ASA2-AA12,48,12 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of redevelopment activities.

AB50-ASA2-AA12,48,13 7. Environmental monitoring.