SB45,1263,13 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:

SB45,1263,14 a. The property is exclusively used for agricultural use or residential use.

SB45,1263,16 b. The discharge was caused by land application of sludge permitted under ch. 283.

SB45,1263,21 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.

SB45,1264,2 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.

SB45,1264,8 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.

SB45,1264,12 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.

SB45,1264,14 3. a. The exemption under subd. 2. does not apply to any substances other than PFAS.

SB45,1264,17 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.

SB45,1265,4 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.

SB45,1265,8 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.

SB45,1265,17 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.

SB45,1265,18 7. The exemption under subd. 2. does not apply after December 31, 2035.

SB45,2563 Section 2563. 292.11 (14) of the statutes is created to read:

SB45,1265,24 292.11 (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).

SB45,2564 Section 2564. 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB45,1266,10 292.31 (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:

SB45,2565 Section 2565. 292.31 (1) (d) 1m. of the statutes is created to read:

SB45,1266,14 292.31 (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.

SB45,2566 Section 2566. 292.66 of the statutes is created to read:

SB45,1266,16 292.66 Revitalize Wisconsin program. (1) Definitions. In this section:

SB45,1266,19 (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.

SB45,1266,20 (b) “Discharge” has the meaning given in s. 292.01 (3).

SB45,1266,21 (c) “Innocent landowner” means any of the following:

SB45,1267,4 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.

SB45,1267,11 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.

SB45,1267,15 (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.

SB45,1267,16 (e) “Local governmental unit” has the meaning given in s. 292.11 (9) (e) 1.

SB45,1267,17 (f) “Private party” means any of the following: