Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1055 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1055
5	5	February 2, 2024 - Introduced by Representatives MADISON, JOERS, ANDRACA,
6	6	BALDEH, CLANCY, CONLEY, DRAKE, EMERSON, MOORE OMOKUNDE, MYERS,
7	7	OHNSTAD, PALMERI, RATCLIFF, SHANKLAND, SINICKI, STUBBS and TRANEL,
8	8	cosponsored by Senators TAYLOR, SMITH, AGARD, SPREITZER and LARSON.
9	9	Referred to Committee on Environment.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to repeal 15.347 (2), 20.370 (4) (eq), 20.370 (6) (eq), 20.370 (9) (nq), 25.17
12	12	(1) (d) and 25.48; to amend 20.566 (1) (r), 25.46 (2m), 77.9964 (3) and 292.65
13	13	(14); to repeal and recreate 25.43 (2s); and to create 20.370 (6) (et), 20.370
14	14	(6) (eu), 25.46 (1) (s) and 292.66 of the statutes; relating to: repealing the dry
15	15	cleaner environmental response program and creating the revitalize Wisconsin
16	16	program.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill eliminates the existing dry cleaner environmental response program
19	19	and its associated fund and council and creates the revitalize Wisconsin program,
20	20	which is administered by the Department of Natural Resources.
21	21	The revitalize Wisconsin program created under the bill provides aid, in the
22	22	form of grants or direct services to local governments, dry cleaners, and private
23	23	parties, to address the discharge of a hazardous substance or the existence of
24	24	environmental pollution on the government's or person's property. Aid may be
25	25	provided for sites for which the site's owner or operator applied for assistance under
26	26	the dry cleaner environmental response program before its repeal; brownfields; sites
27	27	that are exempt from the state's hazardous substance remediation laws (often called
28	28	the “spill law”); and sites that are subject to the spill law but that are owned by
29	29	private parties. The bill defines “private party” to include a bank, trust company,
30	30	savings bank, or credit union; a developer; a nongovernmental organization; and an
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38	38	ASSEMBLY BILL 1055
39	39	innocent landowner. The bill defines an “innocent landowner” as a property owner
40	40	that either 1) acquired the property prior to November 1, 2006, has continuously
41	41	owned the property since the date of acquisition, and can demonstrate, through
42	42	documentation, that the discharge or environmental pollution being addressed was
43	43	caused by another person and that the property owner did not know and had no
44	44	reason to know of the discharge or pollution when the owner acquired the property;
45	45	or 2) acquired the property on or after November 1, 2006, meets all of the previously
46	46	stated requirements, and can demonstrate, through documentation, that the
47	47	property owner conducted all appropriate inquiries in compliance with the federal
48	48	All Appropriate Inquiries rule under 40 CFR part 312 prior to acquiring the property.
49	49	The bill provides that DNR may not award aid to an applicant under the
50	50	revitalize Wisconsin program if the applicant caused the discharge or environmental
51	51	pollution unless the applicant is a dry cleaner that applied for assistance under the
52	52	dry cleaner environmental response program before its repeal. The bill also provides
53	53	that DNR may require an applicant to provide a match, either in cash or in-kind, for
54	54	any aid that is awarded under the program.
55	55	Activities for which aid may be provided under the program include removing
56	56	hazardous substances from contaminated media such as surface waters,
57	57	groundwater, or soil; investigating and assessing the discharge or environmental
58	58	pollution; removing abandoned containers; asbestos abatement; and restoring or
59	59	replacing a private potable water supply.
60	60	The bill also allows DNR to inspect any document in the possession of an
61	61	applicant or any other person if the document is relevant to an application for
62	62	financial assistance under the program.
63	63	For further information see the state fiscal estimate, which will be printed as
64	64	an appendix to this bill.
65	65	The people of the state of Wisconsin, represented in senate and assembly, do
66	66	enact as follows:
67	67	SECTION 1. 15.347 (2) of the statutes is repealed.
68	68	SECTION 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
69	69	the following amounts for the purposes indicated:
70	70	2023-24 2024-25
71	71	20.370 Natural resources, department of
72	72	(6) ENVIRONMENTAL AIDS
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80	80	SECTION 2
81	81	ASSEMBLY BILL 1055
82	82	(et) Environmental aids — revitalize
83	83	Wisconsin program SEG B 3,000,000 3,000,000
84	84	(eu)Environmental aids — waste
85	85	removal and sampling SEG B 3,000,000 500,000
86	86	SECTION 3. 20.370 (4) (eq) of the statutes is repealed.
87	87	SECTION 4. 20.370 (6) (eq) of the statutes is repealed.
88	88	SECTION 5. 20.370 (6) (et) of the statutes is created to read:
89	89	20.370 (6) (et) Environmental aids — revitalize Wisconsin program. Biennially,
90	90	from the environmental fund, the amounts in the schedule for aid awards under s.
91	91	292.66 and to make any required payments under s. 25.43 (2s).
92	92	SECTION 6. 20.370 (6) (eu) of the statutes is created to read:
93	93	20.370 (6) (eu) Environmental aids — waste removal and sampling. Biennially,
94	94	from the environmental fund, the amounts in the schedule to provide financial
95	95	assistance for the purpose of removing waste materials that have accumulated or
96	96	been dumped on abandoned properties and to conduct sampling and testing to
97	97	determine if those properties pose a risk to public health and safety or the
98	98	environment.
99	99	SECTION 7. 20.370 (9) (nq) of the statutes is repealed.
100	100	SECTION 8. 20.566 (1) (r) of the statutes is amended to read:
101	101	20.566 (1) (r) Administration of dry cleaner fees. From the dry cleaner
102	102	environmental response environmental fund, the amounts in the schedule for the
103	103	purpose of administering the fees under subch. XII of ch. 77.
104	104	SECTION 9. 25.17 (1) (d) of the statutes is repealed.
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129	129	SECTION 10 ASSEMBLY BILL 1055
130	130	SECTION 10. 25.43 (2s) of the statutes, as affected by 2023 Wisconsin Act 6, is
131	131	repealed and recreated to read:
132	132	25.43 (2s) The secretary of administration and the secretary of natural
133	133	resources shall ensure that any moneys required to be repaid to the environmental
134	134	improvement fund as a result of a transfer under s. 25.43 (2s), 2021 stats., shall be
135	135	paid from the environmental fund to the environmental improvement fund.
136	136	SECTION 11. 25.46 (1) (s) of the statutes is created to read:
137	137	25.46 (1) (s) All moneys received under s. 77.9964 (3) for environmental
138	138	management.
139	139	SECTION 12. 25.46 (2m) of the statutes is amended to read:
140	140	25.46 (2m) Of the moneys described in sub. (1) that are received for the purpose
141	141	of environmental management, except the moneys described in sub. (1) (ej), (ek),
142	142	(hm), (j), (jj), (s), (t), and (u), $6,150,000 shall, in each fiscal year, be considered to
143	143	have been received for the purpose of nonpoint source water pollution abatement.
144	144	SECTION 13. 25.48 of the statutes is repealed.
145	145	SECTION 14. 77.9964 (3) of the statutes is amended to read:
146	146	77.9964 (3) The department shall deposit all of the revenue that it collects
147	147	under this subchapter in the environmental fund under s. 25.48.
148	148	SECTION 15. 292.65 (14) of the statutes is amended to read:
149	149	292.65 (14) SUNSET. This section does not apply after June 30, 2032 the
150	150	effective date of this subsection .... [LRB inserts date].
151	151	SECTION 16. 292.66 of the statutes is created to read:
152	152	292.66 Revitalize Wisconsin program. (1) DEFINITIONS. In this section:
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178	178	SECTION 16
179	179	ASSEMBLY BILL 1055
180	180	(a) “Brownfield” means a property that is abandoned, idle, or underused, the
181	181	expansion or redevelopment of which is adversely affected by actual or perceived
182	182	discharge or environmental pollution.
183	183	(b) “Discharge” has the meaning given in s. 292.01 (3).
184	184	(c) “Innocent landowner” means any of the following:
185	185	1. A property owner that acquired the property prior to November 1, 2006, has
186	186	continuously owned the property since the date of acquisition, and can demonstrate,
187	187	through documentation, that the discharge or environmental pollution on the
188	188	property was caused by another person and that the property owner did not know
189	189	and had no reason to know of the discharge or environmental pollution when the
190	190	owner acquired the property.
191	191	2. A property owner that acquired the property on or after November 1, 2006,
192	192	has continuously owned the property since the date of acquisition, and can
193	193	demonstrate, through documentation, that the property owner conducted all
194	194	appropriate inquiries in compliance with 40 CFR part 312 prior to acquisition, that
195	195	the discharge or environmental pollution on the property was caused by another
196	196	person, and that the property owner did not know and had no reason to know of the
197	197	discharge or environmental pollution when the owner acquired the property.
198	198	(d) “Interim action" means a response action that is taken to contain or stabilize
199	199	a discharge or environmental pollution at a site or facility, in order to minimize any
200	200	threats to public health, safety, or welfare or to the environment, while other
201	201	response actions are being taken or planned for the site or facility.
202	202	(e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.
203	203	(f) “Private party” means any of the following:
204	204	1. A bank, trust company, savings bank, or credit union.
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231	231	SECTION 16 ASSEMBLY BILL 1055
232	232	2. A developer, as defined in s. 66.0617 (1) (b).
233	233	3. An organization or enterprise, other than a sole proprietorship, that is
234	234	operated for profit or that is nonprofit and nongovernmental, including an
235	235	association, business trust, corporation, joint venture, limited liability company,
236	236	limited liability partnership, partnership, or syndicate.
237	237	4. An innocent landowner.
238	238	(g) “Remedial action” has the meaning given in s. 292.12 (1) (d).
239	239	(2) POWERS AND DUTIES OF THE DEPARTMENT. (a) The department shall
240	240	administer a program to award aids from the appropriation under s. 20.370 (6) (et)
241	241	to eligible entities under sub. (5).
242	242	(b) The department may not award aid to an entity under this section if that
243	243	entity caused the discharge or environmental pollution at the site or facility for which
244	244	aid is awarded, except to eligible entities for sites or facilities under sub. (4) (a).
245	245	(c) The department may award aid to eligible entities in the form of grants or
246	246	direct services or, for sites or facilities under sub. (4) (a), in the form of
247	247	reimbursements.
248	248	(d) The department may require a match from an eligible entity for an awarded
249	249	aid in the form of cash or in-kind services, except from an eligible entity for a site or
250	250	facility for which funds are designated under sub. (3) (a).
251	251	(3) ALLOCATION OF FUNDS. (a) In any fiscal year, if there remain any sites or
252	252	facilities under sub. (4) (a) for which a claim for reimbursement was submitted before
253	253	the effective date of this paragraph .... [LRB inserts date], but for which the claim has
254	254	not been paid, the department shall designate $1,000,000 of the funds appropriated
255	255	under s. 20.370 (6) (et), or the total amount of such unpaid claims, whichever is less,
256	256	to the payment of those claims.
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284	284	SECTION 16
285	285	ASSEMBLY BILL 1055
286	286	(b) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for
287	287	which an application for eligibility was submitted before the effective date of this
288	288	paragraph .... [LRB inserts date], but for which a claim has not been made to the
289	289	department, the department shall designate $450,000 of the funds appropriated
290	290	under s. 20.370 (6) (et) to the payment of claims for such sites or facilities, until all
291	291	such sites or facilities have received a case closure letter under s. 292.12.
292	292	(c) The department shall designate 15 percent of the funds appropriated under
293	293	s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.
294	294	(d) The department may not provide more than one award of aid for a site or
295	295	facility in a single fiscal year, except for sites or facilities under sub. (4) (a).
296	296	(4) ELIGIBLE SITES AND FACILITIES. An eligible applicant under sub. (5) may
297	297	receive aid under this section for any the following sites or facilities:
298	298	(a) Sites or facilities for which an application for eligibility was submitted
299	299	under the dry cleaner environmental response program under s. 292.65, 2021 stats.,
300	300	and that were deemed eligible for that program before the effective date of this
301	301	paragraph .... [LRB inserts date].
302	302	(b) Brownfields.
303	303	(c) Sites or facilities regulated under s. 292.11 that are owned by entities that
304	304	are exempt from s. 292.11 (3), (4), and (7) (b) and (c) as provided under s. 292.11 (9)
305	305	(e), 292.13, or 292.21.
306	306	(d) Sites or facilities regulated under s. 292.11 that are owned by private
307	307	parties.
308	308	(5) ELIGIBLE ENTITIES. The following entities are eligible for an award under
309	309	this section.
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335	335	SECTION 16 ASSEMBLY BILL 1055
336	336	(a) Local governmental units that did not cause the discharge or environmental
337	337	pollution.
338	338	(b) Owners or operators of dry cleaning facilities that own or operate an eligible
339	339	site or facility under sub. (4) (a).
340	340	(c) Private parties, other than a dry cleaning facility under par. (b), that did not
341	341	cause the discharge or environmental pollution and can demonstrate that the party's
342	342	property was fairly acquired through an arm's-length transaction.
343	343	(6) ELIGIBLE ACTIVITIES; INELIGIBLE COSTS. (a) All activities for which aid is
344	344	provided under this section shall comply with all state and federal laws and rules
345	345	promulgated by the department, unless otherwise provided under this section or
346	346	rules promulgated under this section.
347	347	(b) The department may award aid under this section to cover the costs of any
348	348	of the following activities:
349	349	1. Assessment and investigation of a discharge or environmental pollution.
350	350	2. Interim and remedial actions to remove hazardous substances from
351	351	contaminated media.
352	352	3. Treatment and disposal of contaminated media.
353	353	4. Vapor intrusion assessment and mitigation.
354	354	5. Removal of abandoned containers, as defined in s. 292.41 (1).
355	355	6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part
356	356	of redevelopment activities.
357	357	7. Environmental monitoring.
358	358	8. Restoration or replacement of a private potable water supply, if eligible for
359	359	temporary emergency water supplies under rules promulgated by the department.
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386	386	SECTION 16
387	387	ASSEMBLY BILL 1055
388	388	9. The removal of underground hazardous substance or petroleum product
389	389	storage tanks.
390	390	10. Preparation of documentation to apply for case closure under s. 292.11.
391	391	11. Other costs identified by the department as reasonable and necessary for
392	392	proper investigation, analysis of remedial action options, remedial action planning,
393	393	and remedial action to meet the requirements of s. 292.11.
394	394	(c) The department may not award aid under this section to cover any of the
395	395	following costs:
396	396	1. The cost of activities conducted prior to the award of aid under this section,
397	397	except for activities conducted at a site or facility under sub. (4) (a).
398	398	2. The cost of activities that the department determines are not integral to the
399	399	investigation and remediation of a discharge or environmental pollution.
400	400	3. Legal fees.
401	401	4. The cost of investigations or remedial action conducted outside this state.
402	402	5. Costs for financing eligible activities.
403	403	(7) APPLICATION FOR AID. Eligible applicants shall submit an application on a
404	404	form prescribed by the department and shall include any information the
405	405	department finds necessary to evaluate the eligibility of the project and amount of
406	406	aid to be awarded.
407	407	(8) RULES; RECORDS. The department shall promulgate rules to administer the
408	408	program under this section, including rules prescribing the criteria for determining
409	409	the amount of aid to be awarded, the records that must be maintained by an
410	410	applicant, and the periods for which those records must be retained. The department
411	411	may inspect any document in the possession of an applicant or any other person if
412	412	the document is relevant to an application for aid under this section.
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439	439	SECTION 17 ASSEMBLY BILL 1055
440	440	SECTION 17.0Fiscal changes.
441	441	(1) DRY CLEANER ENVIRONMENTAL RESPONSE FUND TRANSFER. The unencumbered
442	442	balance in the dry cleaner environmental response fund under s. 25.48, 2021 stats.,
443	443	is transferred to the environmental fund under s. 25.46.
444	444	SECTION 18.0Nonstatutory provisions.
445	445	(1) AUTHORIZED POSITIONS; REVITALIZE WISCONSIN PROGRAM. The authorized FTE
446	446	positions for the department of natural resources are increased by 5.0 SEG positions,
447	447	to be funded from the appropriation under s. 20.370 (6) (et), for the purpose of
448	448	administering the revitalize Wisconsin program under s. 292.66 and making any
449	449	required payments under s. 25.43 (2s).
450	450	(2) AUTHORIZED POSITIONS; FINANCIAL ASSISTANCE FOR WASTE REMOVAL AND
451	451	SAMPLING. The authorized FTE positions for the department of natural resources are
452	452	increased by 5.0 SEG positions, to be funded from the appropriation under s. 20.370
453	453	(6) (eu), for the purpose of providing financial assistance for the purpose described
454	454	under s. 20.370 (6) (eu).
455	455	(END)
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