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SB70-SSA2-SA5,56,108 (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-SSA2-SA5,56,1311 (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-SSA2-SA5,56,1614 (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-SSA2-SA5,56,22 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-SSA2-SA5,57,323 (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-SSA2-SA5,57,54 (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-SSA2-SA5,57,76 (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-SSA2-SA5,57,9 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-SSA2-SA5,57,1310 (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-SSA2-SA5,57,1414 (b) Brownfields.
SB70-SSA2-SA5,57,1715 (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-SSA2-SA5,57,1918 (d) Sites or facilities regulated under s. 292.11 that are owned by private
19parties.
SB70-SSA2-SA5,57,21 20(5) Eligible entities. The following entities are eligible for an award under
21this section.
SB70-SSA2-SA5,57,2322 (a) Local governmental units that did not cause the discharge or environmental
23pollution.
SB70-SSA2-SA5,57,2524 (b) Owners or operators of dry cleaning facilities that own or operate an eligible
25site or facility under sub. (4) (a).
SB70-SSA2-SA5,58,3
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-SSA2-SA5,58,7 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-SSA2-SA5,58,98 (b) The department may award aid under this section to cover the costs of any
9of the following activities:
SB70-SSA2-SA5,58,1010 1. Assessment and investigation of a discharge or environmental pollution.
SB70-SSA2-SA5,58,1211 2. Interim and remedial actions to remove hazardous substances from
12contaminated media.
SB70-SSA2-SA5,58,1313 3. Treatment and disposal of contaminated media.
SB70-SSA2-SA5,58,1414 4. Vapor intrusion assessment and mitigation.
SB70-SSA2-SA5,58,1515 5. Removal of abandoned containers, as defined in s. 292.41 (1).
SB70-SSA2-SA5,58,1716 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part
17of redevelopment activities.
SB70-SSA2-SA5,58,1818 7. Environmental monitoring.
SB70-SSA2-SA5,58,2019 8. Restoration or replacement of a private potable water supply, if eligible for
20temporary emergency water supplies under rules promulgated by the department.
SB70-SSA2-SA5,58,2221 9. The removal of underground hazardous substance or petroleum product
22storage tanks.
SB70-SSA2-SA5,58,2323 10. Preparation of documentation to apply for case closure under s. 292.11.
SB70-SSA2-SA5,59,3
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-SSA2-SA5,59,54 (c) The department may not award aid under this section to cover any of the
5following costs:
SB70-SSA2-SA5,59,76 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-SSA2-SA5,59,98 2. The cost of activities that the department determines are not integral to the
9investigation and remediation of a discharge or environmental pollution.
SB70-SSA2-SA5,59,1010 3. Legal fees.
SB70-SSA2-SA5,59,1111 4. The cost of investigations or remedial action conducted outside this state.
SB70-SSA2-SA5,59,1212 5. Costs for financing eligible activities.
SB70-SSA2-SA5,59,16 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-SSA2-SA5,59,22 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-SSA2-SA5,9232 23Section 9232. Fiscal changes; Natural Resources.
SB70-SSA2-SA5,60,3
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-SSA2-SA5,60,4 4110. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,60,5 5 Section 102. 281.34 (3) (a) of the statutes is amended to read:
SB70-SSA2-SA5,60,86 281.34 (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-SSA2-SA5,60,9 9111. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,60,10 10 Section 103. 281.34 (5e) of the statutes is created to read:
SB70-SSA2-SA5,60,1311 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-SSA2-SA5,60,14 14112. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,60,15 15 Section 104. 20.370 (4) (aj) of the statutes is amended to read:
SB70-SSA2-SA5,60,2216 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-SSA2-SA5,105 23Section 105. 283.35 (1m) of the statutes is repealed.
SB70-SSA2-SA5,106 24Section 106. 299.65 of the statutes is created to read:
SB70-SSA2-SA5,61,6
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-SSA2-SA5,61,97 (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-SSA2-SA5,61,1310 (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-SSA2-SA5,61,18 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-SSA2-SA5,61,20 19(3) The department shall credit all fees collected under sub. (1) (a) to the
20appropriation account under s. 20.370 (4) (aj).
SB70-SSA2-SA5,107 21Section 107. 299.66 of the statutes is renumbered 299.66 (1).
SB70-SSA2-SA5,108 22Section 108. 299.66 (2) of the statutes is created to read:
SB70-SSA2-SA5,62,223 299.66 (2) (a) The department may enter into a memorandum of agreement
24with the U.S. Coast Guard concerning implementation and enforcement of the

1provisions of 33 USC 1322 and any regulations promulgated by the secretary of the
2U.S. department of homeland security under 33 USC 1322 (p) (5).
SB70-SSA2-SA5,62,73 (b) If the department enters into a memorandum of agreement with the U.S.
4Coast Guard under par. (a), an employee or agent of the department may board and
5inspect any vessel that is subject to s. 299.65 to determine the state of compliance
6with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any
7regulations promulgated thereunder.
SB70-SSA2-SA5,9132 8Section 9132. Nonstatutory provisions; Natural Resources.
SB70-SSA2-SA5,62,149 (1) Notification of U.S. Coast Guard rules for vessel discharge. When the
10department of natural resources determines that the secretary of the U.S.
11department of homeland security has promulgated final, effective, and enforceable
12rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference
13bureau. The legislative reference bureau shall publish a notice in the Wisconsin
14Administrative Register that specifies that date.
SB70-SSA2-SA5,9432 15Section 9432. Effective dates; Natural Resources.
SB70-SSA2-SA5,62,2016 (1) Commercial vessels subject to federal Vessel Incidental Discharge Act.
17 The treatment of ss. 20.370 (4) (aj), 283.35 (1m), and 299.65, the renumbering of s.
18299.66, and the creation of s. 299.66 (2) take effect on the date specified in the notice
19published in the Wisconsin Administrative Register under Section 9132 (1) of this
20act.”.
SB70-SSA2-SA5,62,21 21113. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,62,22 22 Section 109. 283.90 of the statutes is created to read:
SB70-SSA2-SA5,63,13 23283.90 Notification of violations. Whenever, on the basis of any information
24available to it, the department finds that a permit holder has violated any limitation

1in a permit that is based on a groundwater protection standard under ch. 160, the
2department shall notify the county health department and county land and
3conservation department in the county in which the permit holder is located and the
4county health department and county land and conservation department in any
5adjacent county that the department determines may be negatively affected as a
6result of the violation. The department shall provide this notice within 7 business
7days after confirming that a violation has occurred. The department shall create and
8maintain a notification system for notifying county health departments, county land
9and conservation departments, and interested parties of the violations described in
10this section. The department may establish, by rule, procedures for providing notice
11under this section. The notification system under this section shall ensure that
12county health departments and county land and conservation departments are
13notified at least 24 hours prior to notifying any other interested parties.
SB70-SSA2-SA5,9132 14Section 9132. Nonstatutory provisions; Natural Resources.
SB70-SSA2-SA5,64,215 (1) Emergency rules for notification of water permit violations. The
16department of natural resources may use the procedure under s. 227.24, to
17promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2),
18emergency rules promulgated under this subsection remain in effect until July 1,
192025, or the date on which permanent rules take effect, whichever is sooner.
20Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide
21evidence that promulgating a rule under this subsection as an emergency rule is
22necessary for the preservation of the public peace, health, safety, or welfare and is
23not required to provide a finding of emergency for a rule promulgated under this
24subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
25required to prepare a statement of scope of the rules promulgated under this

1subsection and is not required to present the rules promulgated under this
2subsection to the governor for approval.
SB70-SSA2-SA5,9432 3Section 9432. Effective dates; Natural Resources.
SB70-SSA2-SA5,64,54 (1) Notification of water permit violations. The treatment of s. 283.90 takes
5effect on the first day of the 7th month beginning after publication.”.
SB70-SSA2-SA5,64,6 6114. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,64,7 7 Section 110. 283.31 (8) of the statutes is amended to read:
SB70-SSA2-SA5,64,158 283.31 (8) The holder of a permit under this section for a concentrated animal
9feeding operation shall annually pay to the department a fee of $345 $545, which
10shall be credited to the appropriation account under s. 20.370 (9) (ag). The
11department shall annually submit a report to the joint committee on finance and,
12under s. 13.172 (3), to the standing committees of the legislature with jurisdiction
13over agricultural and environmental matters describing the use of the moneys
14credited to the appropriation account under s. 20.370 (9) (ag) under this subsection
15and the use of the moneys appropriated under s. 20.370 (9) (ap).”.
SB70-SSA2-SA5,64,16 16115. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,64,17 17 Section 111. 20.370 (9) (bj) of the statutes is amended to read:
SB70-SSA2-SA5,64,2318 20.370 (9) (bj) Storm water management — fees. From the general fund, the
19amounts in the schedule
all moneys received under s. 283.33 (9) and under 2009
20Wisconsin Act 28
, section 9110 (11f),
for the administration, including enforcement,
21of the storm water discharge permit program under s. 283.33. All moneys received
22under s. 283.33 (9) and under 2009 Wisconsin Act 28, section 9110 (11f) shall be
23credited to this appropriation account.
”.
SB70-SSA2-SA5,64,24 24116. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,65,1
1 Section 112. 20.115 (7) (tm) of the statutes is amended to read:
SB70-SSA2-SA5,65,52 20.115 (7) (tm) Farmland preservation planning grants, working lands fund.
3From the working lands fund, the amounts in the schedule for farmland preservation
4planning grants under s. 91.10 (6) and for farmland preservation implementation
5grants under s. 91.10 (7)
.
SB70-SSA2-SA5,113 6Section 113. 91.10 (title) of the statutes is amended to read:
SB70-SSA2-SA5,65,8 791.10 (title) County plan required; planning and implementation
8grants.
SB70-SSA2-SA5,114 9Section 114. 91.10 (7) of the statutes is created to read:
SB70-SSA2-SA5,65,1210 91.10 (7) (a) From the appropriation under s. 20.115 (7) (tm), the department
11may award implementation grants to counties for implementing a county's certified
12farmland preservation plan.
SB70-SSA2-SA5,65,1613 (b) The department shall enter into a contract with a county to which it awards
14a planning grant under par. (a) before the department distributes any grant funds
15to the county. In the contract, the department shall identify the costs that are eligible
16for reimbursement through the grant.
SB70-SSA2-SA5,65,1917 (c) The department may distribute grant funds under this subsection only after
18the county shows that it has incurred costs that are eligible for reimbursement under
19par. (b).”.
SB70-SSA2-SA5,65,20 20117. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,65,22 21 Section 115. 20.005 (3) (schedule) of the statutes: at the appropriate place,
22insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA5,116 1Section 116. 20.370 (6) (ed) of the statutes is created to read:
SB70-SSA2-SA5,66,42 20.370 (6) (ed) Environmental aids — PFAS municipal grant program —
3general fund. As a continuing appropriation, the amounts in the schedule for the
4municipal grant program under s. 292.67.
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