January 12, 2001 - Introduced by Senators Baumgart, Decker and Schultz,
cosponsored by Representatives Gunderson, La Fave, Gronemus, Turner,
Black, Plouff, Powers, Olsen, Musser, Urban, Boyle, Ott, Miller, Vrakas

and Leibham. Referred to Committee on Universities, Housing, and
Government Operations.
SB5,1,7 1An Act to repeal 166.22 (1) (a); to amend 166.20 (2) (bm) 1., 166.20 (2) (bm) 2.,
2166.21 (2m) (e), 166.21 (2m) (f), 166.215 (2), 166.22 (1) (c), 166.22 (2), 166.22 (3),
3166.22 (3m), 166.22 (5) (am), 166.22 (5) (b), 895.483 (title) and 895.483 (2); to
4repeal and recreate
166.215 (3) and 166.22 (4); and to create 166.20 (1) (gk),
5166.20 (1) (im), 166.20 (2) (bs) and 166.22 (1) (d) of the statutes; relating to:
6reimbursement of emergency response teams and granting rule-making
7authority.
Analysis by the Legislative Reference Bureau
Under current law, regional emergency response teams have been established
to respond to "Level A" releases in their area. A "Level A" release is a release of a
hazardous substance that necessitates the highest level of protective equipment for
the skin and respiratory systems of emergency response personnel. Currently, local
emergency response teams are required to respond to "Level B" releases. A "Level
B" release is a release of a hazardous substance that necessitates the highest level
of protective equipment for the respiratory systems of emergency response personnel
but less skin protection than a "Level A" release.
The division of emergency management in the department of military affairs
oversees the state requirements under the federal laws regarding responses to
releases of hazardous substances. As part of that responsibility, the division of

emergency management promulgates rules regarding the duties of the local and
regional emergency response teams and the governmental units that employ those
teams. The division provides grants to those governmental units for duties related
to emergency response teams and reimburses them for unreimbursed costs that are
incurred in responding to a release. Included in those duties is the requirement that
the emergency response team make a good faith effort to identify the person who is
responsible for the hazardous substance release and to determine if that person is
financially able to reimburse the team for expenses incurred in responding to the
release. Currently, a person who is financially able to reimburse the team for
expenses incurred in responding to the release is required to reimburse those
expenses.
This bill requires the division of emergency management to promulgates rules
requiring the regional and local emergency response teams to establish procedures
that the teams will follow to determine if an emergency that requires a team's
response exists as the result of a release or potential release of a hazardous
substance. The bill requires the division of emergency management to reimburse
regional and local emergency response teams for unreimbursed costs incurred in
responding to an emergency resulting from a potential release if the team has
established the procedures to determine if an emergency exists. Under the bill, a
person who is financially able to reimburse a team for expenses incurred in
responding to an emergency resulting from a potential release is required to
reimburse those expenses if the team has established the procedures to determine
if an emergency exists.
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:
SB5, s. 1 1Section 1. 166.20 (1) (gk) of the statutes is created to read:
SB5,2,32 166.20 (1) (gk) "Local emergency response team" means a team that the
3committee identifies under s. 166.21 (2m) (e).
SB5, s. 2 4Section 2. 166.20 (1) (im) of the statutes is created to read:
SB5,2,65 166.20 (1) (im) "Regional emergency response team" means a team that the
6division contracts with under s. 166.215 (1).
SB5, s. 3 7Section 3. 166.20 (2) (bm) 1. of the statutes is amended to read:
SB5,3,4
1166.20 (2) (bm) 1. If a regional or local emergency response team has made a
2good faith effort to identify a person responsible for the emergency involving a
3release or potential release of a hazardous substance under s. 166.215 (3) or 166.22
4(4).
SB5, s. 4 5Section 4. 166.20 (2) (bm) 2. of the statutes is amended to read:
SB5,3,106 166.20 (2) (bm) 2. If a person responsible for the emergency involving a release
7or potential release of a hazardous substance under s. 166.215 (3) or 166.22 (4) is
8financially able or has the money or resources necessary to reimburse a regional or
9local emergency response team for the expenses incurred by the regional or local
10emergency response team in responding to the release emergency.
SB5, s. 5 11Section 5. 166.20 (2) (bs) of the statutes is created to read:
SB5,3,1512 166.20 (2) (bs) 1. Promulgate rules that establish the procedures that a
13regional emergency response team shall follow to determine if an emergency that
14requires the team's response exists as the result of a level A release or a potential
15level A release.
SB5,3,1916 2. Promulgate rules that establish the procedures that a local emergency
17response team shall follow to determine if an emergency that requires the team's
18response exists as the result of a release or potential release of a hazardous
19substance, as defined in s. 299.01 (6).
SB5, s. 6 20Section 6. 166.21 (2m) (e) of the statutes is amended to read:
SB5,3,2521 166.21 (2m) (e) Identification of a county local emergency response team that
22is capable of responding to a level B release that occurs at any place in the county and
23whose members meet the standards for hazardous materials technicians in 29 CFR
241910.120
(q) (6) (iii) and national fire protection association standards NFPA 471 and
25472.
SB5, s. 7
1Section 7. 166.21 (2m) (f) of the statutes is amended to read:
SB5,4,42 166.21 (2m) (f) Procedures for county local emergency response team actions
3that are consistent with local emergency response plans developed under s. 166.20
4(3) and the state contingency plan established under s. 292.11 (5).
SB5, s. 8 5Section 8. 166.215 (2) of the statutes is amended to read:
SB5,4,186 166.215 (2) The division shall reimburse a regional emergency response team
7for costs incurred by the team in responding to an emergency involving a level A
8release under sub. (1), or a potential level A release, if the team followed the
9procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an
10emergency requiring a response existed
. Reimbursement under this subsection is
11limited to amounts collected under sub. (3) and the amounts appropriated under s.
1220.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the
13regional emergency response team has made a good faith effort to identify the person
14responsible under sub. (3) and that person cannot be identified, or, if that person is
15identified, the team has received reimbursement from that person to the extent that
16the person is financially able or has determined that the person does not have
17adequate money or other resources to reimburse the regional emergency response
18team.
SB5, s. 9 19Section 9. 166.215 (3) of the statutes is repealed and recreated to read:
SB5,4,2420 166.215 (3) A person shall reimburse the division for costs incurred by a
21regional emergency response team in responding to an emergency if the team
22followed the procedures established under s. 166.20 (2) (bs) 1. to determine if an
23emergency requiring the team's response existed and if any of the following
24conditions applies:
SB5,5,2
1(a) The person possessed or controlled a hazardous substance that was involved
2in the emergency.
SB5,5,33 (b) The person caused the emergency.
SB5, s. 10 4Section 10. 166.22 (1) (a) of the statutes is repealed.
SB5, s. 11 5Section 11. 166.22 (1) (c) of the statutes is amended to read:
SB5,5,96 166.22 (1) (c) "Local agency" means an agency of a county, city, village, or town,
7including a municipal police or fire department, a municipal health organization, a
8county office of emergency management, a county sheriff, an emergency medical
9service, a local emergency response team, or a public works department.
SB5, s. 12 10Section 12. 166.22 (1) (d) of the statutes is created to read:
SB5,5,1211 166.22 (1) (d) "Local emergency response team" means a team that the
12committee identifies under s. 166.21 (2m) (e).
SB5, s. 13 13Section 13. 166.22 (2) of the statutes is amended to read:
SB5,5,1714 166.22 (2) A person who possesses or controls a hazardous substance that is
15discharged released or who causes the discharge release of a hazardous substance
16shall take the actions necessary to protect public health and safety and prevent
17damage to property.
SB5, s. 14 18Section 14. 166.22 (3) of the statutes is amended to read:
SB5,6,219 166.22 (3) If action required under sub. (2) is not being adequately taken or the
20identity of the person responsible for a discharge an emergency involving a release
21or potential release
of a hazardous substance is unknown and the discharge
22emergency involving a release or potential release threatens public health or safety
23or damage to property, a local agency may take any emergency action that is
24consistent with the contingency plan for the undertaking of emergency actions in
25response to the discharge release or potential release of hazardous substances

1established by the department of natural resources under s. 292.11 (5) and that it
2considers appropriate under the circumstances.
SB5, s. 15 3Section 15. 166.22 (3m) of the statutes is amended to read:
SB5,6,154 166.22 (3m) The division shall reimburse a local emergency response team for
5costs incurred by the team in responding to an emergency involving a hazardous
6substance discharge under sub. (3) release, or potential release, if the team followed
7the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an
8emergency requiring the team's response existed
. Reimbursement under this
9subsection is limited to the amount appropriated under s. 20.465 (3) (dr).
10Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency
11response team has made a good faith effort to identify the person responsible under
12sub. (4) and that person cannot be identified, or, if that person is identified, the team
13has received reimbursement from that person to the extent that the person is
14financially able or has determined that the person does not have adequate money or
15other resources to reimburse the local emergency response team.
SB5, s. 16 16Section 16. 166.22 (4) of the statutes is repealed and recreated to read:
SB5,6,2017 166.22 (4) (a) Except as provided in par. (b), a person shall reimburse a local
18agency as provided in sub. (5) for actual, reasonable, and necessary expenses
19incurred in responding to an emergency involving the release or potential release of
20a hazardous substance if any of the following conditions applies:
SB5,6,2221 1. The person possessed or controlled a hazardous substance involved in the
22emergency.
SB5,6,2323 2. The person caused the emergency.
SB5,7,3
1(b) A local emergency response team may receive reimbursement under par. (a)
2only if the team followed the procedures established under s. 166.20 (2) (bs) 2. to
3determine if an emergency requiring the team's response existed.
SB5, s. 17 4Section 17. 166.22 (5) (am) of the statutes is amended to read:
SB5,7,75 166.22 (5) (am) A local agency seeking reimbursement under sub. (4) shall
6submit a claim stating its expenses to the reviewing entity for the county in which
7the discharge emergency occurred.
SB5, s. 18 8Section 18. 166.22 (5) (b) of the statutes is amended to read:
SB5,7,159 166.22 (5) (b) The reviewing entity shall review claims submitted under par.
10(am) and determine the amount of reasonable and necessary expenses incurred. The
11reviewing entity shall provide a person who is liable for reimbursement under sub.
12(4) with a notice of the amount of expenses it has determined to be reasonable and
13necessary that arise from one discharge and are arose from the emergency involving
14the release or potential release of a hazardous substance and that were
incurred by
15all local agencies from which the reviewing entity receives a claim.
SB5, s. 19 16Section 19. 895.483 (title) of the statutes is amended to read:
SB5,7,18 17895.483 (title) Civil liability exemption; regional and county local
18emergency response teams and their sponsoring agencies.
SB5, s. 20 19Section 20. 895.483 (2) of the statutes is amended to read:
SB5,7,2320 895.483 (2) A county local emergency response team, a member of such a team
21and the county, city, village, or town that contracts to provide the emergency response
22team to the county are immune from civil liability for acts or omissions related to
23carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e).
SB5, s. 21 24Section 21. Initial applicability; military affairs.
SB5,8,3
1(1) Emergency response. This act first applies to emergencies involving the
2release or potential release of hazardous substances that occur on the effective date
3of this subsection.
SB5,8,44 (End)
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