SB208: Bill Text

LRB-3058/1

RPN:jlg:km

1999 - 2000 LEGISLATURE

1999 Senate BILL 208

July 6, 1999 - Introduced by Senators Baumgart and Robson, cosponsored by Representatives Gunderson, Black, Musser, Huebsch, Sykora, Goetsch, Leibham, Gronemus and Urban. Referred to Committee on Health, Utilities, Veterans and Military Affairs.

SB208,1,3 An Act to amend 166.215 (2), 166.215 (3), 166.22 (3m), 166.22 (4) and 166.22 (5) (b) of the statutes; relating to: the reimbursement of the costs of emergency response teams.

Analysis by the Legislative Reference Bureau

Under current law, regional emergency response teams are required to respond to a level A release of a hazardous substance. The division of emergency management of the department of military affairs (division) is required to reimburse the regional team for costs incurred in responding to the level A release to the extent that funds are available but only if the team makes a good faith effort to identify the person responsible for the release and to obtain reimbursement for their costs from that person. Local emergency response teams are required under current law to respond to the discharge of a hazardous substance. The division is required to reimburse the local team for costs incurred in responding to the discharge to the extent that funds are available but only if the team makes a good faith effort to identify the person responsible for the discharge and to obtain reimbursement for their costs from that person.

This bill allows the regional and local response teams to receive reimbursement from the division under the same limitations as under current law and from the person who possesses or controls a hazardous substance, if the team responded to a request for assistance for what the team, in good faith, thought was going to be a level A release or discharge of a hazardous substance, although no actual release or discharge occurred.

For further information see the state and local 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:

SB208, s. 1 Section 1. 166.215 (2) of the statutes is amended to read:

SB208,2,13 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1) or for responding to a request for assistance for what the team in good faith thought was going to be a level A release under sub. (1), even if no release occurred. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

SB208, s. 2 Section 2. 166.215 (3) of the statutes is amended to read:

SB208,2,19 166.215 (3) A person who possessed or controlled a hazardous substance that was released or that the response team in good faith thought was going to be released or who caused the release of a hazardous substance shall reimburse the division for costs incurred by a regional emergency response team in responding to the release under sub. (1).

SB208, s. 3 Section 3. 166.22 (3m) of the statutes is amended to read:

SB208,3,12 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3) or for responding to a request for assistance for what in good faith the team thought was going to be a hazardous substance discharge under sub. (3), even if no release occurred. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

SB208, s. 4 Section 4. 166.22 (4) of the statutes is amended to read:

SB208,3,18 166.22 (4) A person who possessed or controlled a hazardous substance that was discharged or that the local emergency response team in good faith thought was going to be discharged or who caused the discharge of a hazardous substance shall, as provided under sub. (5), reimburse a local agency for actual, reasonable and necessary expenses incurred under sub. (3).

SB208, s. 5 Section 5. 166.22 (5) (b) of the statutes is amended to read:

SB208,4,2 166.22 (5) (b) The reviewing entity shall review claims submitted under par. (am) and determine the amount of reasonable and necessary expenses incurred. The reviewing entity shall provide a person who is liable for reimbursement under sub. (4) with a notice of the amount of expenses it has determined to be reasonable and necessary that arise from one discharge or from what the local emergency response team in good faith thought was going to be a discharge and are incurred by all local agencies from which the reviewing entity receives a claim.

SB208,4,3 (End)