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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1055
February 2, 2024 - Introduced by Representatives MADISON, JOERS, ANDRACA,
BALDEH, CLANCY, CONLEY, DRAKE, EMERSON, MOORE OMOKUNDE, MYERS,
OHNSTAD, PALMERI, RATCLIFF, SHANKLAND, SINICKI, STUBBS and TRANEL,
cosponsored by Senators TAYLOR, SMITH, AGARD, SPREITZER and LARSON.
Referred to Committee on Environment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 15.347 (2), 20.370 (4) (eq), 20.370 (6) (eq), 20.370 (9) (nq), 25.17
(1) (d) and 25.48; to amend 20.566 (1) (r), 25.46 (2m), 77.9964 (3) and 292.65
(14); to repeal and recreate 25.43 (2s); and to create 20.370 (6) (et), 20.370
(6) (eu), 25.46 (1) (s) and 292.66 of the statutes; relating to: repealing the dry
cleaner environmental response program and creating the revitalize Wisconsin
program.
Analysis by the Legislative Reference Bureau
This bill eliminates the existing dry cleaner environmental response program
and its associated fund and council and creates the revitalize Wisconsin program,
which is administered by the Department of Natural Resources.
The revitalize Wisconsin program created under the bill provides aid, in the
form of grants or direct services to local governments, dry cleaners, and private
parties, to address the discharge of a hazardous substance or the existence of
environmental pollution on the government's or person's property. Aid may be
provided for sites for which the site's owner or operator applied for assistance under
the dry cleaner environmental response program before its repeal; brownfields; sites
that are exempt from the state's hazardous substance remediation laws (often called
the “spill law”); and sites that are subject to the spill law but that are owned by
private parties. The bill defines “private party” to include a bank, trust company,
savings bank, or credit union; a developer; a nongovernmental organization; and an
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ASSEMBLY BILL 1055
innocent landowner. The bill defines an “innocent landowner” as a property owner
that either 1) 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 being addressed was
caused by another person and that the property owner did not know and had no
reason to know of the discharge or pollution when the owner acquired the property;
or 2) acquired the property on or after November 1, 2006, meets all of the previously
stated requirements, and can demonstrate, through documentation, that the
property owner conducted all appropriate inquiries in compliance with the federal
All Appropriate Inquiries rule under 40 CFR part 312 prior to acquiring the property.
The bill provides that DNR may not award aid to an applicant under the
revitalize Wisconsin program if the applicant caused the discharge or environmental
pollution unless the applicant is a dry cleaner that applied for assistance under the
dry cleaner environmental response program before its repeal. The bill also provides
that DNR may require an applicant to provide a match, either in cash or in-kind, for
any aid that is awarded under the program.
Activities for which aid may be provided under the program include removing
hazardous substances from contaminated media such as surface waters,
groundwater, or soil; investigating and assessing the discharge or environmental
pollution; removing abandoned containers; asbestos abatement; and restoring or
replacing a private potable water supply.
The bill also allows DNR to inspect any document in the possession of an
applicant or any other person if the document is relevant to an application for
financial assistance under the program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 15.347 (2) of the statutes is repealed.
SECTION 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.370 Natural resources, department of
(6) ENVIRONMENTAL AIDS
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SECTION 2
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(et) Environmental aids — revitalize
Wisconsin program SEG B 3,000,000 3,000,000
(eu)Environmental aids — waste
removal and sampling SEG B 3,000,000 500,000
SECTION 3. 20.370 (4) (eq) of the statutes is repealed.
SECTION 4. 20.370 (6) (eq) of the statutes is repealed.
SECTION 5. 20.370 (6) (et) of the statutes is created to read:
20.370 (6) (et) Environmental aids — revitalize Wisconsin program. Biennially,
from the environmental fund, the amounts in the schedule for aid awards under s.
292.66 and to make any required payments under s. 25.43 (2s).
SECTION 6. 20.370 (6) (eu) of the statutes is created to read:
20.370 (6) (eu) Environmental aids — waste removal and sampling. Biennially,
from the environmental fund, the amounts in the schedule to provide financial
assistance for the purpose of removing waste materials that have accumulated or
been dumped on abandoned properties and to conduct sampling and testing to
determine if those properties pose a risk to public health and safety or the
environment.
SECTION 7. 20.370 (9) (nq) of the statutes is repealed.
SECTION 8. 20.566 (1) (r) of the statutes is amended to read:
20.566 (1) (r) Administration of dry cleaner fees. From the dry cleaner
environmental response environmental fund, the amounts in the schedule for the
purpose of administering the fees under subch. XII of ch. 77.
SECTION 9. 25.17 (1) (d) of the statutes is repealed.
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SECTION 10 ASSEMBLY BILL 1055
SECTION 10. 25.43 (2s) of the statutes, as affected by 2023 Wisconsin Act 6, is
repealed and recreated to read:
25.43 (2s) The secretary of administration and the secretary of natural
resources shall ensure that any moneys required to be repaid to the environmental
improvement fund as a result of a transfer under s. 25.43 (2s), 2021 stats., shall be
paid from the environmental fund to the environmental improvement fund.
SECTION 11. 25.46 (1) (s) of the statutes is created to read:
25.46 (1) (s) All moneys received under s. 77.9964 (3) for environmental
management.
SECTION 12. 25.46 (2m) of the statutes is amended to read:
25.46 (2m) Of the moneys described in sub. (1) that are received for the purpose
of environmental management, except the moneys described in sub. (1) (ej), (ek),
(hm), (j), (jj), (s), (t), and (u), $6,150,000 shall, in each fiscal year, be considered to
have been received for the purpose of nonpoint source water pollution abatement.
SECTION 13. 25.48 of the statutes is repealed.
SECTION 14. 77.9964 (3) of the statutes is amended to read:
77.9964 (3) The department shall deposit all of the revenue that it collects
under this subchapter in the environmental fund under s. 25.48.
SECTION 15. 292.65 (14) of the statutes is amended to read:
292.65 (14) SUNSET. This section does not apply after June 30, 2032 the
effective date of this subsection .... [LRB inserts date].
SECTION 16. 292.66 of the statutes is created to read:
292.66 Revitalize Wisconsin program. (1) DEFINITIONS. In this section:
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(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.
(b) “Discharge” has the meaning given in s. 292.01 (3).
(c) “Innocent landowner” means any of the following:
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.
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.
(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.
(e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.
(f) “Private party” means any of the following:
1. A bank, trust company, savings bank, or credit union.
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2. A developer, as defined in s. 66.0617 (1) (b).
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.
4. An innocent landowner.
(g) “Remedial action” has the meaning given in s. 292.12 (1) (d).
(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).
(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).
(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.
(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).
(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.
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(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.
(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.
(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).
(4) ELIGIBLE SITES AND FACILITIES. An eligible applicant under sub. (5) may
receive aid under this section for any the following sites or facilities:
(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].
(b) Brownfields.
(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.
(d) Sites or facilities regulated under s. 292.11 that are owned by private
parties.
(5) ELIGIBLE ENTITIES. The following entities are eligible for an award under
this section.
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(a) Local governmental units that did not cause the discharge or environmental
pollution.
(b) Owners or operators of dry cleaning facilities that own or operate an eligible
site or facility under sub. (4) (a).
(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.
(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.
(b) The department may award aid under this section to cover the costs of any
of the following activities:
1. Assessment and investigation of a discharge or environmental pollution.
2. Interim and remedial actions to remove hazardous substances from
contaminated media.
3. Treatment and disposal of contaminated media.
4. Vapor intrusion assessment and mitigation.
5. Removal of abandoned containers, as defined in s. 292.41 (1).
6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part
of redevelopment activities.
7. Environmental monitoring.
8. Restoration or replacement of a private potable water supply, if eligible for
temporary emergency water supplies under rules promulgated by the department.
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9. The removal of underground hazardous substance or petroleum product
storage tanks.
10. Preparation of documentation to apply for case closure under s. 292.11.
11. Other costs 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.
(c) The department may not award aid under this section to cover any of the
following costs:
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).
2. The cost of activities that the department determines are not integral to the
investigation and remediation of a discharge or environmental pollution.
3. Legal fees.
4. The cost of investigations or remedial action conducted outside this state.
5. Costs for financing eligible activities.
(7) APPLICATION FOR AID. Eligible applicants 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.
(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.
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SECTION 17 ASSEMBLY BILL 1055
SECTION 17.0Fiscal changes.
(1) DRY CLEANER ENVIRONMENTAL RESPONSE FUND TRANSFER. The unencumbered
balance in the dry cleaner environmental response fund under s. 25.48, 2021 stats.,
is transferred to the environmental fund under s. 25.46.
SECTION 18.0Nonstatutory provisions.
(1) AUTHORIZED POSITIONS; REVITALIZE WISCONSIN PROGRAM. The authorized FTE
positions for the department of natural resources are increased by 5.0 SEG positions,
to be funded from the appropriation under s. 20.370 (6) (et), for the purpose of
administering the revitalize Wisconsin program under s. 292.66 and making any
required payments under s. 25.43 (2s).
(2) AUTHORIZED POSITIONS; FINANCIAL ASSISTANCE FOR WASTE REMOVAL AND
SAMPLING. The authorized FTE positions for the department of natural resources are
increased by 5.0 SEG positions, to be funded from the appropriation under s. 20.370
(6) (eu), for the purpose of providing financial assistance for the purpose described
under s. 20.370 (6) (eu).
(END)
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