Amendment SA6-SSA2-SB45

SB45-SSA2-SA6,129 Section 129. 283.31 (8) of the statutes is amended to read:

SB45-SSA2-SA6,44,7 283.31 (8) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).

SB45-SSA2-SA6,130 Section 130. 283.33 (8m) of the statutes is created to read:

SB45-SSA2-SA6,44,13 283.33 (8m) Rules for storm water pond safety. The department shall promulgate rules under sub. (8) establishing that any pond located in an area with a population density of not less than 1,000 people per square mile that is constructed as part of an activity for which a permit is required under sub. (1) or s. 283.31 must include one or more of the following features for safety:

SB45-SSA2-SA6,44,14 (a) A shallow ledge around the periphery of the pond.

SB45-SSA2-SA6,44,16 (b) Vegetation that is not less than 24 inches high between the pond and any easy point of access.

SB45-SSA2-SA6,44,17 (c) Any other alternative safety feature authorized by the department by rule.

SB45-SSA2-SA6,131 Section 131. 283.35 (1) of the statutes is amended to read:

SB45-SSA2-SA6,44,23 283.35 (1) Authorization. Instead of issuing a separate permit to an individual point source, the department may issue a general permit applicable to a designated area of the state authorizing discharges from specified categories or classes of point sources located within that area. The department shall charge a processing fee of $425 for each permit issued under this subsection.

SB45-SSA2-SA6,132 Section 132. 283.35 (1m) of the statutes is repealed.

SB45-SSA2-SA6,133 Section 133. 285.69 (2) (a) 12. of the statutes is amended to read:

SB45-SSA2-SA6,45,5 285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter to 2024 equals $35.71 per ton of emissions specified under subd. 8. and that the fee billed in 2025 and each year thereafter equals $63.69 per ton of emissions specified under subd. 8.

SB45-SSA2-SA6,134 Section 134. 292.11 (8m) of the statutes is created to read:

SB45-SSA2-SA6,45,10 292.11 (8m) Site-specific standards. If no standard exists for a hazardous substance, the person responsible under sub. (3) shall propose site-specific environmental standards for department approval for the actions required under this chapter and rules promulgated under this chapter.

SB45-SSA2-SA6,135 Section 135. 292.11 (9) (g) of the statutes is created to read:

SB45-SSA2-SA6,45,15 292.11 (9) (g) 1. In this paragraph, “PFAS” means a perfluoroalkyl or polyfluoroalkyl substances for which there is a state or federal standard, a public health recommendation from the department of health services under s. 160.07, or a health advisory issued by the federal environmental protection agency.

SB45-SSA2-SA6,45,18 2. Except as provided in subd. 3, a person who possesses or controls property where a PFAS discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) for the PFAS discharge if all of the following apply:

SB45-SSA2-SA6,45,19 a. The property is exclusively used for agricultural use or residential use.

SB45-SSA2-SA6,45,21 b. The discharge was caused by land application of sludge permitted under ch. 283.

SB45-SSA2-SA6,46,2 c. The person who possesses or controls the property where the PFAS discharge occurred agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the PFAS or caused the discharge of the PFAS, and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

SB45-SSA2-SA6,46,6 d. The person who possesses or controls the property where the PFAS discharge occurred does not interfere with any action taken in response to the discharge and does not take any action that worsens or contributes to the PFAS discharge.

SB45-SSA2-SA6,46,12 e. The person who possesses or controls the property where the PFAS discharge occurred follows any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in subd. 2. c. is able to adequately respond to the discharge, including taking action necessary to protect human health, safety, or welfare or the environment, taking into consideration the current or intended use of the property.

SB45-SSA2-SA6,46,16 f. The person who possesses or controls the property where the PFAS discharge occurred allows the department to limit public access to the property if the department determines such limitation of access is necessary to prevent an imminent threat to human health, safety, or welfare or to the environment.

SB45-SSA2-SA6,46,18 3. a. The exemption under subd. 2. does not apply to any substances other than PFAS.

SB45-SSA2-SA6,46,21 b. The exemption under subd. 2. does not apply if the person that possesses or controls the property where the PFAS discharge occurred takes action that worsens or contributes to the PFAS discharge.

SB45-SSA2-SA6,47,8 4. A person who is exempt from subs. (3), (4), and (7) (b) and (c) pursuant to subd. 2. shall provide written disclosure to any prospective purchaser of the property, either through sale or land contract, before entering into a contract and to prospective tenants of the property, including agricultural and residential tenants before entering into a lease agreement. Written disclosure shall be provided to any current tenants as soon as reasonably practicable and upon any reissuance or renewal of a lease. Written disclosure shall include, at a minimum, a description of the type of contamination, the location and description of any action taken to control or treat the contamination, PFAS sample dates and results, and a description of compliance with reporting required under sub. (2). A copy of the disclosure shall be provided to the department upon request.

SB45-SSA2-SA6,47,12 5. The exemption under subd. 2 may not be transferred to a subsequent owner of the property on which the PFAS discharge occurred. Each person that possesses or controls the property where the PFAS discharge occurred must establish eligibility for the exemption under subd. 2.

SB45-SSA2-SA6,47,21 6. A person may submit to the department information supporting that the person satisfies the requirements of subd. 2. The department shall issue a written determination that a person who possesses or controls property where the PFAS discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) if the person satisfies the requirements in subd. 2. The department may request additional information before issuing a determination. The department may revoke its determination if it determines that any of the requirements of subd. 2 cease to be met. The department may, in accordance with rules that it promulgates, assess and collect fees to offset the costs of issuing determinations under this subdivision.

SB45-SSA2-SA6,47,22 7. The exemption under subd. 2. does not apply after December 31, 2035.

SB45-SSA2-SA6,136 Section 136. 292.11 (14) of the statutes is created to read:

SB45-SSA2-SA6,48,4 292.11 (14) Determination of responsible party. Applications for compensation or grants under the well compensation program under s. 281.75, the county well testing grant program under s. 281.54, or any state financial assistance program funded by the federal American Rescue Plan Act of 2021, P.L. 117-2, may not be used by the department to determine responsibility under sub. (3).

SB45-SSA2-SA6,137 Section 137. 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB45-SSA2-SA6,48,14 292.31 (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:

SB45-SSA2-SA6,138 Section 138. 292.31 (1) (d) 1m. of the statutes is created to read:

SB45-SSA2-SA6,48,18 292.31 (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.

SB45-SSA2-SA6,139 Section 139. 292.66 of the statutes is created to read:

SB45-SSA2-SA6,48,20 292.66 Revitalize Wisconsin program. (1) Definitions. In this section:

SB45-SSA2-SA6,48,23 (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.

SB45-SSA2-SA6,49,1 (b) “Discharge” has the meaning given in s. 292.01 (3).

SB45-SSA2-SA6,49,2 (c) “Innocent landowner” means any of the following:

SB45-SSA2-SA6,49,8 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.

SB45-SSA2-SA6,49,15 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.

SB45-SSA2-SA6,49,19 (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.

SB45-SSA2-SA6,49,20 (e) “Local governmental unit” has the meaning given in s. 292.11 (9) (e) 1.

SB45-SSA2-SA6,49,21 (f) “Private party” means any of the following:

SB45-SSA2-SA6,49,22 1. A bank, trust company, savings bank, or credit union.

SB45-SSA2-SA6,49,23 2. A developer, as defined in s. 66.0617 (1) (b).

SB45-SSA2-SA6,50,4 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.

SB45-SSA2-SA6,50,5 4. An innocent landowner.

SB45-SSA2-SA6,50,6 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

SB45-SSA2-SA6,50,9 (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).

SB45-SSA2-SA6,50,13 (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).

SB45-SSA2-SA6,50,16 (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.

SB45-SSA2-SA6,50,20 (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).

SB45-SSA2-SA6,51,3 (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.

SB45-SSA2-SA6,51,9 (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.

SB45-SSA2-SA6,51,12 (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.

SB45-SSA2-SA6,51,15 (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).

SB45-SSA2-SA6,51,17 (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:

SB45-SSA2-SA6,51,21 (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].

SB45-SSA2-SA6,51,22 (b) Brownfields.

SB45-SSA2-SA6,52,2 (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.

SB45-SSA2-SA6,52,4 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

SB45-SSA2-SA6,52,6 (5) Eligible entities. The following entities are eligible for an award under this section.

SB45-SSA2-SA6,52,8 (a) Local governmental units that did not cause the discharge or environmental pollution.

SB45-SSA2-SA6,52,10 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

SB45-SSA2-SA6,52,13 (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.

SB45-SSA2-SA6,52,17 (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.

SB45-SSA2-SA6,52,19 (b) The department may award aid under this section to cover the costs of any of the following activities:

SB45-SSA2-SA6,52,20 1. Assessment and investigation of a discharge or environmental pollution.

SB45-SSA2-SA6,52,22 2. Interim actions and remedial actions to remove hazardous substances from contaminated media.

SB45-SSA2-SA6,52,23 3. Treatment and disposal of contaminated media.

SB45-SSA2-SA6,53,1 4. Vapor intrusion assessment and mitigation.

SB45-SSA2-SA6,53,2 5. Removal of abandoned containers, as defined in s. 292.41 (1).

SB45-SSA2-SA6,53,4 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of redevelopment activities.

SB45-SSA2-SA6,53,5 7. Environmental monitoring.

SB45-SSA2-SA6,53,7 8. Restoration or replacement of a private potable water supply, if eligible for temporary emergency water supplies under rules promulgated by the department.

SB45-SSA2-SA6,53,9 9. The removal of underground hazardous substance or petroleum product storage tanks.

SB45-SSA2-SA6,53,10 10. Preparation of documentation to apply for case closure under this chapter.

SB45-SSA2-SA6,53,13 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.

SB45-SSA2-SA6,53,15 (c) The department may not award aid under this section to cover any of the following costs:

SB45-SSA2-SA6,53,17 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).

SB45-SSA2-SA6,53,19 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

SB45-SSA2-SA6,53,20 3. Legal fees.

SB45-SSA2-SA6,53,21 4. The cost of investigations or remedial action conducted outside this state.

SB45-SSA2-SA6,53,22 5. Costs for financing eligible activities under par. (b).

SB45-SSA2-SA6,54,3 (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.

SB45-SSA2-SA6,54,9 (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.

SB45-SSA2-SA6,140 Section 140. 292.67 of the statutes is created to read: