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SB70-AA12,53,138 20.370 (6) (eu) Environmental aidswaste removal and sampling. Biennially,
9from the environmental fund, the amounts in the schedule to provide financial
10assistance for the purpose of removing waste materials that have accumulated or
11been dumped on abandoned properties and to conduct sampling and testing to
12determine if those properties pose a risk to public health and safety or the
13environment.
SB70-AA12,92 14Section 92. 20.370 (9) (nq) of the statutes is repealed.
SB70-AA12,93 15Section 93. 20.566 (1) (r) of the statutes is amended to read:
SB70-AA12,53,1816 20.566 (1) (r) Administration of dry cleaner fees. From the dry cleaner
17environmental response
environmental fund, the amounts in the schedule for the
18purpose of administering the fees under subch. XII of ch. 77.
SB70-AA12,94 19Section 94. 25.17 (1) (d) of the statutes is repealed.
SB70-AA12,95 20Section 95. 25.43 (2s) of the statutes is repealed and recreated to read:
SB70-AA12,54,4
125.43 (2s) The secretary of administration and the secretary of natural
2resources shall ensure that any moneys required to be repaid to the environmental
3improvement fund as a result of a transfer under s. 25.43 (2s), 2021 stats., shall be
4paid from the environmental fund to the environmental improvement fund.
SB70-AA12,96 5Section 96. 25.46 (1) (s) of the statutes is created to read:
SB70-AA12,54,76 25.46 (1) (s) All moneys received under s. 77.9964 (3) for environmental
7management.
SB70-AA12,97 8Section 97. 25.46 (2m) of the statutes is amended to read:
SB70-AA12,54,129 25.46 (2m) Of the moneys described in sub. (1) that are received for the purpose
10of environmental management, except the moneys described in sub. (1) (ej), (ek),
11(hm), (j), (jj), (s), (t), and (u), $6,150,000 shall, in each fiscal year, be considered to
12have been received for the purpose of nonpoint source water pollution abatement.
SB70-AA12,98 13Section 98. 25.48 of the statutes is repealed.
SB70-AA12,99 14Section 99. 77.9964 (3) of the statutes is amended to read:
SB70-AA12,54,1615 77.9964 (3) The department shall deposit all of the revenue that it collects
16under this subchapter in the environmental fund under s. 25.48.
SB70-AA12,100 17Section 100. 292.65 (14) of the statutes is amended to read:
SB70-AA12,54,1918 292.65 (14) Sunset. This section does not apply after June 30, 2032 the
19effective date of this subsection .... [LRB inserts date]
.
SB70-AA12,101 20Section 101. 292.66 of the statutes is created to read:
SB70-AA12,54,21 21292.66 Revitalize Wisconsin program. (1) Definitions. In this section:
SB70-AA12,54,2422 (a) “Brownfield” means a property that is abandoned, idle, or underused, the
23expansion or redevelopment of which is adversely affected by actual or perceived
24discharge or environmental pollution.
SB70-AA12,54,2525 (b) “Discharge” has the meaning given in s. 292.01 (3).
SB70-AA12,55,1
1(c) “Innocent landowner” means any of the following:
SB70-AA12,55,72 1. A property owner that acquired the property prior to November 1, 2006, has
3continuously owned the property since the date of acquisition, and can demonstrate,
4through documentation, that the discharge or environmental pollution on the
5property was caused by another person and that the property owner did not know
6and had no reason to know of the discharge or environmental pollution when the
7owner acquired the property.
SB70-AA12,55,148 2. A property owner that acquired the property on or after November 1, 2006,
9has continuously owned the property since the date of acquisition, and can
10demonstrate, through documentation, that the property owner conducted all
11appropriate inquiries in compliance with 40 CFR part 312 prior to acquisition, that
12the discharge or environmental pollution on the property was caused by another
13person, and that the property owner did not know and had no reason to know of the
14discharge or environmental pollution when the owner acquired the property.
SB70-AA12,55,1815 (d) “Interim action" means a response action that is taken to contain or stabilize
16a discharge or environmental pollution at a site or facility, in order to minimize any
17threats to public health, safety, or welfare or to the environment, while other
18response actions are being taken or planned for the site or facility.
SB70-AA12,55,1919 (e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.
SB70-AA12,55,2020 (f) “Private party” means any of the following:
SB70-AA12,55,2121 1. A bank, trust company, savings bank, or credit union.
SB70-AA12,55,2222 2. A developer, as defined in s. 66.0617 (1) (b).
SB70-AA12,56,223 3. An organization or enterprise, other than a sole proprietorship, that is
24operated for profit or that is nonprofit and nongovernmental, including an

1association, business trust, corporation, joint venture, limited liability company,
2limited liability partnership, partnership, or syndicate.
SB70-AA12,56,33 4. An innocent landowner.
SB70-AA12,56,44 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).
SB70-AA12,56,7 5(2) Powers and duties of the department. (a) The department shall
6administer a program to award aids from the appropriation under s. 20.370 (6) (et)
7to eligible entities under sub. (5).
SB70-AA12,56,108 (b) The department may not award aid to an entity under this section if that
9entity caused the discharge or environmental pollution at the site or facility for which
10aid is awarded, except to eligible entities for sites or facilities under sub. (4) (a).
SB70-AA12,56,1311 (c) The department may award aid to eligible entities in the form of grants or
12direct services or, for sites or facilities under sub. (4) (a), in the form of
13reimbursements.
SB70-AA12,56,1614 (d) The department may require a match from an eligible entity for an awarded
15aid in the form of cash or in-kind services, except from an eligible entity for a site or
16facility for which funds are designated under sub. (3) (a).
SB70-AA12,56,22 17(3) Allocation of funds. (a) In any fiscal year, if there remain any sites or
18facilities under sub. (4) (a) for which a claim for reimbursement was submitted before
19the effective date of this paragraph .... [LRB inserts date], but for which the claim has
20not been paid, the department shall designate $1,000,000 of the funds appropriated
21under s. 20.370 (6) (et), or the total amount of such unpaid claims, whichever is less,
22to the payment of those claims.
SB70-AA12,57,323 (b) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for
24which an application for eligibility was submitted before the effective date of this
25paragraph .... [LRB inserts date], but for which a claim has not been made to the

1department, the department shall designate $450,000 of the funds appropriated
2under s. 20.370 (6) (et) to the payment of claims for such sites or facilities, until all
3such sites or facilities have received a case closure letter under s. 292.12.
SB70-AA12,57,54 (c) The department shall designate 15 percent of the funds appropriated under
5s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.
SB70-AA12,57,76 (d) The department may not provide more than one award of aid for a site or
7facility in a single fiscal year, except for sites or facilities under sub. (4) (a).
SB70-AA12,57,9 8(4) Eligible sites and facilities. An eligible applicant under sub. (5) may
9receive aid under this section for any the following sites or facilities:
SB70-AA12,57,1310 (a) Sites or facilities for which an application for eligibility was submitted
11under the dry cleaner environmental response program under s. 292.65, 2021 stats.,
12and that were deemed eligible for that program before the effective date of this
13paragraph .... [LRB inserts date].
SB70-AA12,57,1414 (b) Brownfields.
SB70-AA12,57,1715 (c) Sites or facilities regulated under s. 292.11 that are owned by entities that
16are exempt from s. 292.11 (3), (4), and (7) (b) and (c) as provided under s. 292.11 (9)
17(e), 292.13, or 292.21.
SB70-AA12,57,1918 (d) Sites or facilities regulated under s. 292.11 that are owned by private
19parties.
SB70-AA12,57,21 20(5) Eligible entities. The following entities are eligible for an award under
21this section.
SB70-AA12,57,2322 (a) Local governmental units that did not cause the discharge or environmental
23pollution.
SB70-AA12,57,2524 (b) Owners or operators of dry cleaning facilities that own or operate an eligible
25site or facility under sub. (4) (a).
SB70-AA12,58,3
1(c) Private parties, other than a dry cleaning facility under par. (b), that did not
2cause the discharge or environmental pollution and can demonstrate that the party's
3property was fairly acquired through an arm's-length transaction.
SB70-AA12,58,7 4(6) Eligible activities; ineligible costs. (a) All activities for which aid is
5provided under this section shall comply with all state and federal laws and rules
6promulgated by the department, unless otherwise provided under this section or
7rules promulgated under this section.
SB70-AA12,58,98 (b) The department may award aid under this section to cover the costs of any
9of the following activities:
SB70-AA12,58,1010 1. Assessment and investigation of a discharge or environmental pollution.
SB70-AA12,58,1211 2. Interim and remedial actions to remove hazardous substances from
12contaminated media.
SB70-AA12,58,1313 3. Treatment and disposal of contaminated media.
SB70-AA12,58,1414 4. Vapor intrusion assessment and mitigation.
SB70-AA12,58,1515 5. Removal of abandoned containers, as defined in s. 292.41 (1).
SB70-AA12,58,1716 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part
17of redevelopment activities.
SB70-AA12,58,1818 7. Environmental monitoring.
SB70-AA12,58,2019 8. Restoration or replacement of a private potable water supply, if eligible for
20temporary emergency water supplies under rules promulgated by the department.
SB70-AA12,58,2221 9. The removal of underground hazardous substance or petroleum product
22storage tanks.
SB70-AA12,58,2323 10. Preparation of documentation to apply for case closure under s. 292.11.
SB70-AA12,59,3
111. Other costs identified by the department as reasonable and necessary for
2proper investigation, analysis of remedial action options, remedial action planning,
3and remedial action to meet the requirements of s. 292.11.
SB70-AA12,59,54 (c) The department may not award aid under this section to cover any of the
5following costs:
SB70-AA12,59,76 1. The cost of activities conducted prior to the award of aid under this section,
7except for activities conducted at a site or facility under sub. (4) (a).
SB70-AA12,59,98 2. The cost of activities that the department determines are not integral to the
9investigation and remediation of a discharge or environmental pollution.
SB70-AA12,59,1010 3. Legal fees.
SB70-AA12,59,1111 4. The cost of investigations or remedial action conducted outside this state.
SB70-AA12,59,1212 5. Costs for financing eligible activities.
SB70-AA12,59,16 13(7) Application for aid. Eligible applicants shall submit an application on a
14form prescribed by the department and shall include any information the
15department finds necessary to evaluate the eligibility of the project and amount of
16aid to be awarded.
SB70-AA12,59,22 17(8) Rules; records. The department shall promulgate rules to administer the
18program under this section, including rules prescribing the criteria for determining
19the amount of aid to be awarded, the records that must be maintained by an
20applicant, and the periods for which those records must be retained. The department
21may inspect any document in the possession of an applicant or any other person if
22the document is relevant to an application for aid under this section.
SB70-AA12,9232 23Section 9232. Fiscal changes; Natural Resources.
SB70-AA12,60,3
1(1) Dry cleaner environmental response fund transfer. The unencumbered
2balance in the dry cleaner environmental response fund under s. 25.48, 2021 stats.,
3is transferred to the environmental fund under s. 25.46.”.
SB70-AA12,60,4 4110. Page 374, line 11: after that line insert:
SB70-AA12,60,5 5 Section 102. 281.34 (3) (a) of the statutes is amended to read:
SB70-AA12,60,86 281.34 (3) (a) An owner shall notify the department of the location of a well that
7is not a high capacity well before construction of the well begins. An owner notifying
8the department under this subsection shall pay a fee of $50 $70.”.
SB70-AA12,60,9 9111. Page 374, line 11: after that line insert:
SB70-AA12,60,10 10 Section 103. 281.34 (5e) of the statutes is created to read:
SB70-AA12,60,1311 281.34 (5e) Well construction variances. The department shall collect a fee
12of $100 from an owner requesting a variance from the requirements of well
13construction rules promulgated by the department.”.
SB70-AA12,60,14 14112. Page 374, line 11: after that line insert:
SB70-AA12,60,15 15 Section 104. 20.370 (4) (aj) of the statutes is amended to read:
SB70-AA12,60,2216 20.370 (4) (aj) Water resources— ballast water discharge permits commercial
17vessel arrival fees
. From the general fund, all moneys received from fees collected
18under s. 283.35 (1m) to administer and enforce the ballast water discharge permit
19program under s. 283.35 (1m) and for grants under 2009 Wisconsin Act 28, section
209137 (3w)
s. 299.65 for management, administration, inspection, monitoring, and
21enforcement activities relating to incidental discharges, including ballast water
22discharges
.
SB70-AA12,105 23Section 105. 283.35 (1m) of the statutes is repealed.
SB70-AA12,106 24Section 106. 299.65 of the statutes is created to read:
SB70-AA12,61,6
1299.65 Commercial vessels subject to federal Vessel Incidental
2Discharge Act.
(1) (a) Subject to pars. (b) and (c), the owner or operator of any
3commercial vessel subject to the requirements of the federal Vessel Incidental
4Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay
5to the department, no later than 5 days prior to arriving in a port of this state, $650
6per arrival to a port of this state.
SB70-AA12,61,97 (b) The owner or operator of a commercial vessel engaged in coastwise trade
8that is subject to the requirements of 46 USC 55101 to 55103 may not be required
9to pay more than $3,250 in fees per calendar year under this subsection.
SB70-AA12,61,1310 (c) The owner or operator of a commercial vessel that is subject to the
11requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p)
12may not be required to pay more than $3,250 in fees per calendar year under this
13subsection.
SB70-AA12,61,18 14(2) The department may adjust the amount of the fee under sub. (1) (a) once
15every 5 years to account for any changes in the U.S. consumer price index for all
16urban consumers, U.S. city average, as determined by the U.S. department of labor
17for the month of October immediately preceding the date of adjustment, as provided
18under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).
SB70-AA12,61,20 19(3) The department shall credit all fees collected under sub. (1) (a) to the
20appropriation account under s. 20.370 (4) (aj).
SB70-AA12,107 21Section 107. 299.66 of the statutes is renumbered 299.66 (1).
SB70-AA12,108 22Section 108. 299.66 (2) of the statutes is created to read:
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