AB50,1266,19 (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.

AB50,1266,20 (b) “Discharge” has the meaning given in s. 292.01 (3).

AB50,1266,21 (c) “Innocent landowner” means any of the following:

AB50,1267,4 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.

AB50,1267,11 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.

AB50,1267,15 (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.

AB50,1267,16 (e) “Local governmental unit” has the meaning given in s. 292.11 (9) (e) 1.

AB50,1267,17 (f) “Private party” means any of the following:

AB50,1267,18 1. A bank, trust company, savings bank, or credit union.

AB50,1267,19 2. A developer, as defined in s. 66.0617 (1) (b).

AB50,1267,23 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.

AB50,1268,1 4. An innocent landowner.

AB50,1268,2 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

AB50,1268,5 (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).

AB50,1268,9 (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).

AB50,1268,12 (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.

AB50,1268,16 (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).

AB50,1268,22 (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.

AB50,1269,5 (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.

AB50,1269,8 (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.

AB50,1269,11 (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).

AB50,1269,13 (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:

AB50,1269,17 (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].

AB50,1269,18 (b) Brownfields.

AB50,1269,21 (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.

AB50,1269,23 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

AB50,1270,2 (5) Eligible entities. The following entities are eligible for an award under this section.

AB50,1270,4 (a) Local governmental units that did not cause the discharge or environmental pollution.

AB50,1270,6 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).