AB43: Bill Text

AB43,,7240 281.34 (5e) Well construction variances. The department shall collect a fee of $100 from an owner requesting a variance from the requirements of well construction rules promulgated by the department.

AB43,2646 Section 2646. 281.57 (7) (c) 1. of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB43,,7242 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33 percent of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.165 (2) (kf) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB43,2647 Section 2647. 281.59 (4) (f) of the statutes is amended to read:

AB43,,7244 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and safe drinking water loan program shall not exceed $2,526,700,000 $2,923,400,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. The building commission may contract additional revenue obligations in an amount up to $24,700,000.

AB43,2648 Section 2648. 281.61 (8) (b) of the statutes is created to read:

AB43,,7246 281.61 (8) (b) The department of administration shall allocate the amount appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private users of public water systems to replace lead service lines.

AB43,2649 Section 2649. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended to read:

AB43,,7248 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:

AB43,,7249 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;.

AB43,,7250 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

AB43,,7251 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.

AB43,2650 Section 2650. 281.75 (1) (b) 4. of the statutes is created to read:

AB43,,7253 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.

AB43,2651 Section 2651. 281.75 (1) (b) 5. of the statutes is created to read:

AB43,,7255 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.

AB43,2652 Section 2652. 281.75 (1) (f) of the statutes is amended to read:

AB43,,7257 281.75 (1) (f) “Private water supply” means a residential water supply or, a livestock water supply, or a transient noncommunity water supply.

AB43,2653 Section 2653. 281.75 (1) (gm) of the statutes is created to read:

AB43,,7259 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.

AB43,2654 Section 2654. 281.75 (4m) (a) of the statutes is amended to read:

AB43,,7261 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.

AB43,2655 Section 2655. 281.75 (5) (f) of the statutes is amended to read:

AB43,,7263 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.

AB43,2656 Section 2656. 281.75 (5) (g) of the statutes is created to read:

AB43,,7265 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:

AB43,,7266 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

AB43,,7267 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

AB43,,7268 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

AB43,,7269 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

AB43,,7270 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

AB43,2657 Section 2657. 281.75 (6) (a) of the statutes is amended to read:

AB43,,7272 281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or, 2., 4., or 5. is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 299.11.

AB43,2658 Section 2658. 281.75 (7) (a) of the statutes is amended to read:

AB43,,7274 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

AB43,2659 Section 2659. 281.75 (7) (am) of the statutes is created to read:

AB43,,7276 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median family income for the state, as determined by U.S. bureau of the census.

AB43,2660 Section 2660. 281.75 (7) (b) of the statutes is repealed.

AB43,2661 Section 2661. 281.75 (9) of the statutes is repealed.

AB43,2662 Section 2662. 283.31 (8) of the statutes is amended to read:

AB43,,7280 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).

AB43,2663 Section 2663. 283.35 (1m) of the statutes is repealed.

AB43,2664 Section 2664. 283.90 of the statutes is created to read:

AB43,,7283 283.90 Notification of violations. Whenever, on the basis of any information available to it, the department finds that a permit holder has violated any limitation in a permit that is based on a groundwater protection standard under ch. 160, the department shall notify the county health department and county land and conservation department in the county in which the permit holder is located and the county health department and county land and conservation department in any adjacent county that the department determines may be negatively affected as a result of the violation. The department shall provide this notice within 7 business days after confirming that a violation has occurred. The department shall create and maintain a notification system for notifying county health departments, county land and conservation departments, and interested parties of the violations described in this section. The department may establish, by rule, procedures for providing notice under this section. The notification system under this section shall ensure that county health departments and county land and conservation departments are notified at least 24 hours prior to notifying any other interested parties.

AB43,2665 Section 2665. 285.27 (2) (bm) of the statutes is created to read:

AB43,,7285 285.27 (2) (bm) Standards for PFAS. Emission standards for known perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate protection for public health and welfare under par. (b). The department shall promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl substances to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source.

AB43,2666 Section 2666. 289.33 (3) (d) of the statutes is amended to read:

AB43,,7287 289.33 (3) (d) “Local approval” includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB43,2667 Section 2667. 292.31 (1) (d) (intro.) of the statutes is amended to read:

AB43,,7289 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:

AB43,2668 Section 2668. 292.31 (1) (d) 1m. of the statutes is created to read:

AB43,,7291 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.

AB43,2669 Section 2669. 292.65 (14) of the statutes is amended to read:

AB43,,7293 292.65 (14) Sunset. This section does not apply after June 30, 2032 the effective date of this subsection .... [LRB inserts date].

AB43,2670 Section 2670. 292.66 of the statutes is created to read:

AB43,,7295 292.66 Revitalize Wisconsin program. (1) Definitions. In this section:

AB43,,7296 (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.

AB43,,7297 (b) “Discharge” has the meaning given in s. 292.01 (3).

AB43,,7298 (c) “Innocent landowner” means any of the following:

AB43,,7299 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.

AB43,,7300 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.

AB43,,7301 (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.

AB43,,7302 (e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.

AB43,,7303 (f) “Private party” means any of the following:

AB43,,7304 1. A bank, trust company, savings bank, or credit union.

AB43,,7305 2. A developer, as defined in s. 66.0617 (1) (b).

AB43,,7306 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.

AB43,,7307 4. An innocent landowner.

AB43,,7308 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

AB43,,7309 (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).

AB43,,7310 (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 for sites or facilities under sub. (4) (a).

AB43,,7311 (c) The department may award aid to eligible entities in the form of grants or direct services or, for sites or facilities under sub. (4) (a), in the form of reimbursements.

AB43,,7312 (d) The department may require a match from an eligible entity for an awarded aid in the form of cash or in-kind services, except from an eligible entity for a site or facility for which funds are designated under sub. (3) (a).

AB43,,7313 (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.

AB43,,7314 (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.

AB43,,7315 (c) The department shall designate 15 percent of the funds appropriated under s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.

AB43,,7316 (d) The department may not provide more than one award of aid for a site or facility in a single fiscal year, except for sites or facilities under sub. (4) (a).

AB43,,7317 (4) Eligible sites and facilities. An eligible applicant under sub. (5) may receive aid under this section for any the following sites or facilities:

AB43,,7318 (a) Sites or facilities for which an application for eligibility was submitted under the dry cleaner environmental response program under s. 292.65, 2021 stats., and that were deemed eligible for that program before the effective date of this paragraph .... [LRB inserts date].

AB43,,7319 (b) Brownfields.

AB43,,7320 (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.

AB43,,7321 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

AB43,,7322 (5) Eligible entities. The following entities are eligible for an award under this section.

AB43,,7323 (a) Local governmental units that did not cause the discharge or environmental pollution.

AB43,,7324 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

AB43,,7325 (c) Private parties, other than a dry cleaning facility under par. (b), that did not cause the discharge or environmental pollution and can demonstrate that the party’s property was fairly acquired through an arm’s-length transaction.

AB43,,7326 (6) Eligible activities; ineligible costs. (a) All activities for which aid is provided 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.

AB43,,7327 (b) The department may award aid under this section to cover the costs of any of the following activities:

AB43,,7328 1. Assessment and investigation of a discharge or environmental pollution.