Amendment AA12-ASA2-AB50

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.

AB50-ASA2-AA12,48,15 8. Restoration or replacement of a private potable water supply, if eligible for temporary emergency water supplies under rules promulgated by the department.

AB50-ASA2-AA12,48,17 9. The removal of underground hazardous substance or petroleum product storage tanks.

AB50-ASA2-AA12,48,18 10. Preparation of documentation to apply for case closure under this chapter.

AB50-ASA2-AA12,48,21 11. Other activities 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.

AB50-ASA2-AA12,48,23 (c) The department may not award aid under this section to cover any of the following costs:

AB50-ASA2-AA12,49,2 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).

AB50-ASA2-AA12,49,4 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

AB50-ASA2-AA12,49,5 3. Legal fees.

AB50-ASA2-AA12,49,6 4. The cost of investigations or remedial action conducted outside this state.

AB50-ASA2-AA12,49,7 5. Costs for financing eligible activities under par. (b).

AB50-ASA2-AA12,49,11 (7) Application for aid. An applicant for aid under this section 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.

AB50-ASA2-AA12,49,17 (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.

AB50-ASA2-AA12,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB50-ASA2-AA12,49,23 (1) Position authority for removing waste from abandoned properties. On the effective date of this subsection, the authorized FTE positions for the department of natural resources are increased by 1.0 SEG position, to be funded from the appropriation under s. 20.370 (6) (eu), to provide one permanent position to process applications, assist applicants, and perform program evaluation.

AB50-ASA2-AA12,50,6 (2) Removing waste from abandoned properties. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027-29 biennial budget bill, the department of natural resources shall submit information concerning the appropriation under s. 20.370 (6) (eu) as though the total amount appropriated under s. 20.370 (6) (eu) for the 2026-27 fiscal year was $1,471,800 less than the total amount that was actually appropriated under s.20.370 (6) (eu) for the 2026-27 fiscal year.

AB50-ASA2-AA12,9232 Section 9232. Fiscal changes; Natural Resources.

AB50-ASA2-AA12,50,13 (1) Dry cleaner environmental response program. In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (6) (eq), the dollar amount for fiscal year 2025-26 is decreased by $763,600. In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (6) (eq), the dollar amount for fiscal year 2026-27 is decreased by $763,600.”.

AB50-ASA2-AA12,50,14 18. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,50,21 “Section 93. 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-AA12,94 Section 94. 20.370 (1) (mr) of the statutes is created to read:

AB50-ASA2-AA12,51,2 20.370 (1) (mr) General program operations - forestry funds. From the moneys received by the department for forestry activities, the amounts in the schedule for the operation of fish, wildlife, and parks programs.”.

AB50-ASA2-AA12,51,3 19. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,51,10 “Section 95. 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-AA12,96 Section 96. 20.370 (1) (mr) of the statutes is created to read:

AB50-ASA2-AA12,51,14 20.370 (1) (mr) General program operations forestry funds. From the moneys received by the department for forestry activities, the amounts in the schedule for the operation of fish, wildlife, and parks programs.”.

AB50-ASA2-AA12,51,15 20. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,51,21 “Section 97. 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-AA12,98 Section 98. 20.155 (3) (e) of the statutes is created to read:

AB50-ASA2-AA12,52,2 20.155 (3) (e) Energy innovation grant program. Biennially, the amounts in the schedule for the energy innovation grant program under s. 196.379.

AB50-ASA2-AA12,99 Section 99. 196.379 of the statutes is created to read:

AB50-ASA2-AA12,52,6 196.379 Energy innovation grant program. The office of energy innovation in the commission shall administer the energy innovation grant program.”.

AB50-ASA2-AA12,52,7 21. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,52,8 “Section 100. 196.376 of the statutes is created to read:

AB50-ASA2-AA12,52,15 196.376 Residential and commercial energy improvements. The commission may authorize a public utility to finance energy improvements at a specific residential or commercial location and recover the cost of those improvements over time through a surcharge periodically placed on the public utility customer’s account for that location. The commission shall promulgate rules to establish the requirements for the utility financing programs authorized under this section. Those requirements shall include at least all of the following:

AB50-ASA2-AA12,52,17 (1) The surcharge shall be assigned to a location, not to an individual customer.

AB50-ASA2-AA12,52,19 (2) Energy improvements are eligible for financing only if the improvements are estimated to save an amount that exceeds the surcharge.

AB50-ASA2-AA12,52,21 (3) The financing offered to a customer under this section may not increase the customer’s risk or debt.”.

AB50-ASA2-AA12,52,22 22. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,52,23 “Section 101. 20.370 (6) (ew) of the statutes is created to read:

AB50-ASA2-AA12,53,3 20.370 (6) (ew) Environmental aids — county well testing grant program. From the PFAS fund, as a continuing appropriation, the amounts in the schedule for the county well testing grant program under s. 281.54.

AB50-ASA2-AA12,102 Section 102. 281.54 of the statutes is created to read:

AB50-ASA2-AA12,53,6 281.54 County well testing grant program. (1) Definitions. In this section:

AB50-ASA2-AA12,53,7 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB50-ASA2-AA12,53,8 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

AB50-ASA2-AA12,53,12 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ew) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

AB50-ASA2-AA12,53,14 (3) Rule making. The department shall promulgate rules to administer this section.”.

AB50-ASA2-AA12,53,15 23. At the appropriate places, insert all of the following:

AB50-ASA2-AA12,53,17 “Section 103. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended to read:

AB50-ASA2-AA12,53,19 281.75 (1) (b) (intro.) “Contaminated well” or “contaminated private water supply” means a well or private water supply which that does any of the following:

AB50-ASA2-AA12,53,22 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

AB50-ASA2-AA12,54,2 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

AB50-ASA2-AA12,54,6 3. Is subject to a written advisory opinion, issued by the department or the department of health services, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.

AB50-ASA2-AA12,104 Section 104. 281.75 (1) (b) 4. of the statutes is created to read:

AB50-ASA2-AA12,54,9 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

AB50-ASA2-AA12,105 Section 105. 281.75 (1) (b) 5. of the statutes is created to read:

AB50-ASA2-AA12,54,15 281.75 (1) (b) 5. Produces water containing levels of a perfluoroalkyl or polyfluoroalkyl substance in excess of the maximum level set out in any applicable federal or state health advisory for that substance, if no primary maximum contaminant level under 40 CFR 141 and 143 or enforcement standard under ch. 160 for that substance has been promulgated.

AB50-ASA2-AA12,106 Section 106. 281.75 (1) (f) of the statutes is amended to read:

AB50-ASA2-AA12,54,18 281.75 (1) (f) “Private water supply” means a residential water supply or, a livestock water supply, or a transient noncommunity water supply.

AB50-ASA2-AA12,107 Section 107. 281.75 (1) (gm) of the statutes is created to read:

AB50-ASA2-AA12,55,2 281.75 (1) (gm) “Transient noncommunity water supply” means a water system that serves at least 25 persons at least 60 days of the year but does not regularly serve at least 25 of the same persons over 6 months per year. “Transient noncommunity water supply” does not include a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

AB50-ASA2-AA12,108 Section 108. 281.75 (4m) (a) of the statutes is amended to read:

AB50-ASA2-AA12,55,7 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

AB50-ASA2-AA12,109 Section 109. 281.75 (5) (f) of the statutes is amended to read:

AB50-ASA2-AA12,55,14 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB50-ASA2-AA12,110 Section 110. 281.75 (5) (g) of the statutes is created to read:

AB50-ASA2-AA12,55,18 281.75 (5) (g) If the appropriations under s. 20.370 (6) (cf) or (cr) are insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

AB50-ASA2-AA12,55,20 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

AB50-ASA2-AA12,55,22 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

AB50-ASA2-AA12,56,2 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.