Brownfields

Brownfields: General

Bill/Author

Summary/Status

SB 55
2001-03 Biennial Budget
Joint Finance

Superfund; Acquiring Property

Summary: Authorizes DNR to accept the transfer of an interest in property that was acquired by EPA as part of a CERCLA cleanup. Authorizes DNR to acquire an interest in property from any person as part of a cleanup conducted in cooperation with EPA if the acquisition is necessary to conduct the cleanup.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved Governor's recommendation. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Local Government; Cost Recovery

Summary: Expands the applicability of the cost recovery process so that it may be used by a local governmental unit that does not own a contaminated property if the local governmental unit is responsible for some of the contamination at the site or facility and commits itself to paying more than 50% of the investigation and remedial action costs, less any financial assistance received from this state.

Status: Introduced Feb. 20, 2001. Referred to Finance. Deleted from budget per April 23, 2001 memo from Joint Finance chairs. Reinserted by Assembly/Conference Committee; Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Transfer of Tax Delinquent Property

Summary: Allows a county to transfer tax delinquent brownfields property after the redemption period on the property expires. The county must provide timely written notice of the transfer to the municipality, and the person receiving the property must agree to investigate, clean up, maintain, and monitor the property. Allows a county to sell tax delinquent property without using a competitive bidding process upon timely notice to the municipality and an agreement by the purchaser to clean up the property.

Status: Introduced Feb. 20, 2001. Referred to Finance. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

Brownfields: Financial Assistance

AB 800

Ott

AB 800

History

Agricultural Chemical Cleanup

Summary: Increases fees and surcharges related to pesticides, fertilizer, and feed, reimbursement under the agricultural chemical cleanup program and transfers from the agrichemical management fund to the environmental fund.

Status: Introduced Feb. 12, 2002. Referred to Agriculture. Dead.

SB 426

Hansen

SB 426

History

Agricultural Chemical Cleanup

Status: Introduced Feb. 7, 2002. Referred to Labor and Agriculture. Dead.

SB 206

Joint Finance

Vehicle Environmental Impact Fees

Summary: Extends sunset provision for vehicle environmental impact fees. (Fees are used for brownfields and other cleanup programs.)

Status: Introduced June 12, 2001. Referred to Joint Finance. Dead.

SB 55
2001-03 Biennial Budget

Joint Finance

Site Assessments Grants

Summary: Transfers the Brownfield Site Assessment Grant Program to the department of commerce.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved an omnibus Motion 906 16-0 on brownfields. Motion included provisions that keeps program in DNR, provides $1.7 annually for site assessment grants, specifies asbestos abatement activities are eligible for grant if part of demolition, and expands eligible sites to include contiguous parcels of land regardless if multiple ownership. (For background, see Fiscal Bureau Paper 693). Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Environmental TIF

Summary: Makes technical changes to the Environmental Remediation Tax Incremental Financing Program (ERTIP), including definitional changes; creating procedures for termination of an environmental remediation tax incremental district; financial audit; DOR final accounting of project expenditures.

Status: Introduced Feb. 20, 2001. Referred to Finance. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Gaming Funds

Summary: Expands the Gaming Economic Diversification Program to include remediation of brownfields as projects eligible for grants and loans.

Status: Introduced Feb. 20, 2001. Referred to Finance. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Brownfields Grant Program

Summary: Expands the definition of "person" eligible for a brownfields grant to include bankruptcy trusts and the nonprofit organizations. Eliminates the provision requiring the department of commerce allocate a certain amount of funds for small, medium and large grants.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved an omnibus Motion 906 16-0 on brownfields. Motion included provisions that maintains current staffing levels; provides $7 million annual funding for grants; eliminates requirement that grants be of specified amounts; expand eligible parties to limited liability companies, nonprofit organizations, local government, and bankruptcy trustees; prohibits grants for DNR or EPA liens or delinquent property taxes; and requires semi-annual application cycle. (For background, see Fiscal Bureau Paper 693). Conference Committee included earmarks for Kenosha, Beloit, and Amery; Passed Legislature July 26; Governor vetoed requirement for semi-annual application review; signed remaining provision on Aug. 30. 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Environmental Impact Fee

Summary: Extends the current June 20, 2001 expiration date for the $6 new motor vehicle environmental impact fee to September 30, 2003. The environmental impact fees are credited to the environmental fund and are earmarked for environmental management activities, including clean up of contaminated properties through the environmental repair fund.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved an omnibus Motion 906 16-0 on brownfields. Motion included provisions that increases the impact fee by $3 (to $9), and extends sunset to September 30, 2003. (For background, see Fiscal Bureau Paper 692); Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Sustainable Urban Development Zones

Summary: Eliminates the Sustainable Urban Development Zone Program that provides investigation and clean up funds to the city of Beloit, the city of Green Bay, the city of La Crosse, the city of Milwaukee, and the city of Oshkosh.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved an omnibus Motion 906 16-0 on brownfields that recreates the SUDZ program with $525,000 funding for biennium. Assembly/Conference Committee earmarked money for Platteville and Fond du Lac; Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Land Recycling Loan Program

Summary: Sets the present value of the Land Recycling Loan Program subsidies (interest free loans) that may be provided during the 2001-03 biennium at $9,110,000.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved an omnibus Motion 906 16-0 on brownfields. Motion included provisions intended to make the program more effective, including expanding eligibility and easing administrative hurdles. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Environmental Repair Bonding

Summary: Increases the general obligation bonding authority by $5,000,000 for actions taken to clean up the environment under specified programs administered by DNR. Of this amount, $2,000,000 is allocated for cleanups in or adjacent to the Great Lakes or their tributaries.

Status: Introduced Feb. 20, 2001. Referred to Finance. On May 24, 2001, Joint Finance approved the Governor's recommendations. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

Brownfields: Liability Protection

SB 55
2001-03 Biennial Budget

Joint Finance

Voluntary Parties

Summary: Modifies the existing voluntary party liability exemption so that the requirement to maintain and monitor the property only applies while the voluntary party owns or controls the property. Expands the voluntary party exemption related to groundwater contamination from an off-site discharge to property on which the soil is contaminated by an off-site discharge. Requires a voluntary party using natural attenuation to provide access to the property for the purpose of determining whether natural attenuation has failed and, if so, to allow someone else clean up the property. Eliminates the liability exemption that was provided when the voluntary party has obtained insurance to cover the clean up costs.

SB 55
2001-03 Biennial Budget

Joint Finance

Liability Limits for Transporters

Summary: Limits cleanup liability for persons who transported hazardous substances to a contaminated property if they cooperate in providing information about the transport and disposal of waste at the property.

Status: Introduced Feb. 20, 2001. Referred to Finance. Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.

SB 55
2001-03 Biennial Budget

Joint Finance

Sediments

Summary: Expands the liability exemption for soil contamination that originates off of a property to hazardous substances in sediments on the property.

SB 55
2001-03 Biennial Budget

Joint Finance

Local Government

Summary: Provides that a local governmental unit is exempt from solid waste management standards and other legal requirements relating to solid waste for properties acquired in a way that would qualify for the exemption from clean up requirements (e.g., tax foreclosures). The local governments unit could not have owned the facility while it was operated as a landfill.

Status: Introduced Feb. 20, 2001. Referred to Finance. Deleted from budget per April 23, 2001 memo (pdf document) from Joint Finance chairs. Reinserted by Assembly/Conference Committee; Passed Legislature July 26; Signed by Governor Aug. 30, 2001 as Act 16.