Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB44 Compare Versions

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

Old	New	Differences
1	1	LRB-1955/1
2	2	ZDW:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 44
5	5	February 20, 2023 - Introduced by Representatives MURSAU, ARMSTRONG, BEHNKE,
6	6	BROOKS, DITTRICH, SPIROS and WICHGERS, cosponsored by Senators JACQUE and
7	7	TAYLOR. Referred to Committee on Environment.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 292.11 (9) (g) of the statutes; relating to: the responsibility of
10	10	a property owner for discharge of a hazardous substance by another.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill exempts a property owner that is not a corporate entity from
13	13	responsibility relating to the discharge of a hazardous substance on or originating
14	14	from the owner's property if all of the following apply: 1) the owner acquired the
15	15	property prior to September 1, 1992; 2) the owner demonstrates that the discharge
16	16	was caused by another person without the owner's knowledge; and 3) the property
17	17	was not listed in the database of contaminated properties maintained by the
18	18	Department of Natural Resources when the owner acquired the property.
19	19	The bill also exempts a county that takes a tax deed on property contaminated
20	20	by a hazardous substance, or any person who subsequently acquires the property
21	21	from the county and meets certain requirements, from responsibility relating to the
22	22	discharge of the hazardous substance.
23	23	Under current law, a person who possesses or controls a hazardous substance
24	24	that is discharged or who causes the discharge of a hazardous substance is required
25	25	to take the actions necessary to restore the environment and minimize the harmful
26	26	effects from the discharge. In State v. Mauthe, 123 Wis. 2d 288, 366 N.W.2d 871, the
27	27	Wisconsin Supreme Court held that the owner of property containing contaminated
28	28	soil from which a hazardous substance was being discharged was in possession and
29	29	1
30	30	2 - 2 -2023 - 2024 Legislature LRB-1955/1
31	31	ZDW:skw
32	32	ASSEMBLY BILL 44
33	33	control of the soil and the hazardous substance, and was therefore liable for required
34	34	remedial action.
35	35	The people of the state of Wisconsin, represented in senate and assembly, do
36	36	enact as follows:
37	37	SECTION 1. 292.11 (9) (g) of the statutes is created to read:
38	38	292.11 (9) (g) 1. A county that acquires property under ch. 75 or, subject to subd.
39	39	2. b. and c., any person receiving from a county property that was acquired under ch.
40	40	75 is exempt from the requirements of this section with respect to discharges of a
41	41	hazardous substance on or originating from the property if the county or person
42	42	demonstrates the discharge was caused by another person.
43	43	2. A property owner that is not a corporate entity is exempt from the
44	44	requirements of this section with respect to discharges of a hazardous substance on
45	45	or originating from the property if all of the following apply:
46	46	a. The property owner acquired the property prior to September 1, 1992.
47	47	b. The property owner demonstrates that the discharge was caused by another
48	48	person and that the property owner did not know and had no reason to know of the
49	49	discharge when the owner acquired the property.
50	50	c. The property was not listed in the database maintained by the department
51	51	under s. 292.12 (3) when the property owner acquired the property.
52	52	3. Nothing in this paragraph shall limit the authority of the department under
53	53	this section to take actions in response to the discharge of a hazardous substance.
54	54	(END)
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