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2. Two representatives of political subdivisions serving an affected community.
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3. Two representatives of industrial facilities, as defined in s. 165.35 (1) (e).
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4. One civil rights advocate.
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5. One environmental advocate.
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6. Two minority group members.
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(c) The board shall be assisted by a technical advisory committee consisting of
21the following members:
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1. A representative of the department of natural resources, a representative of
23the department of agriculture, trade and consumer protection, a representative of
24the department of justice, a representative of the department of development and a
1representative of the department of health and social services, each appointed by the
2secretary of the respective department.
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2. Three other members each of whom is a technical expert in a field such as
4sociology, economics, toxicology, public health or law, appointed by the attorney
5general.
SB434, s. 3
6Section
3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB434, s. 4
8Section
4. 20.455 (1) (e) and (f) of the statutes are created to read:
SB434,5,119
20.455
(1) (e)
Environmental justice board. Biennially, the amounts in the
10schedule for the operation of the environmental justice board and the study under
11s. 165.35 (2).
SB434,5,1312
(f)
Environmental justice; community grants. Biennially, the amounts in the
13schedule for environmental justice community grants under s. 165.35 (4).
SB434, s. 5
14Section
5. 36.25 (38) of the statutes is created to read:
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36.25
(38) Environmental justice community education and assistance
16program. Through the extension, the board shall assist the environmental justice
17board in implementing the environmental justice community education and
18assistance program under s. 165.35 (3).
SB434, s. 6
1Section
6. 59.97 (1) of the statutes is amended to read:
SB434,6,192
59.97
(1) Purpose. It is the purpose of this section to promote the public health,
3safety, convenience and general welfare; to encourage planned and orderly land use
4development; to protect property values and the property tax base; to permit the
5careful planning and efficient maintenance of highway systems; to ensure adequate
6highway, utility, health, educational and recreational facilities; to recognize the
7needs of agriculture, forestry, industry and business in future growth; to encourage
8uses of land and other natural resources which are in accordance with their character
9and adaptability; to provide adequate light and air, including access to sunlight for
10solar collectors and to wind for wind energy systems; to encourage the protection of
11groundwater resources; to preserve wetlands; to conserve soil, water and forest
12resources; to protect the beauty and amenities of landscape and man-made
13developments; to provide healthy surroundings for family life;
to prevent the
14concentration of environmentally polluting facilities and activities; and to promote
15the efficient and economical use of public funds. To accomplish this purpose the
16county board of any county may plan for the physical development and zoning of
17territory within the county as set forth in this section and shall incorporate therein
18the master plan adopted under s. 62.23 (2) or (3) and the official map of any city or
19village in the county adopted under s. 62.23 (6).
SB434, s. 7
20Section
7. 60.61 (2) (a) of the statutes is amended to read:
SB434,7,421
60.61
(2) (a) Regulate, restrict and determine: the areas within which
22agriculture, forestry, mining and recreation may be conducted; the location of roads,
23schools, trades and industries; the location, height, bulk, number of stories and size
24of buildings and other structures; the percentage of a lot which may be occupied; the
25size of yards, courts and other open spaces; the density and distribution of
1population; the location of buildings designed for specified uses; the trades,
2industries or purposes that may be engaged in or subject to regulation;
the number,
3spacing and concentration of environmentally polluting facilities and activities; and
4the uses for which buildings may not be erected or altered.
SB434, s. 8
5Section
8. 62.23 (7) (a) of the statutes is amended to read:
SB434,7,176
62.23
(7) (a)
Grant of power. For the purpose of promoting health, safety,
7morals or the general welfare of the community, the council may regulate and restrict
8by ordinance, subject to par. (hm), the height, number of stories and size of buildings
9and other structures, the percentage of lot that may be occupied, the size of yards,
10courts and other open spaces, the density of population,
the number, spacing and
11concentration of environmentally polluting facilities and activities, and the location
12and use of buildings, structures and land for trade, industry, mining, residence or
13other purposes if there is no discrimination against temporary structures. This
14subsection and any ordinance, resolution or regulation enacted or adopted under this
15section, shall be liberally construed in favor of the city and as minimum
16requirements adopted for the purposes stated. This subsection may not be deemed
17a limitation of any power granted elsewhere.
SB434, s. 9
18Section
9. 144.442 (4) (c) 1. of the statutes is amended to read:
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144.442
(4) (c) 1. The department shall promulgate by rule criteria for
20determining the ranking of sites and facilities which are included in the inventory
21under par. (a), based on the degree to which sites or facilities present a substantial
22danger to public health or welfare or the environment and the potential urgency of
23taking remedial action. To the extent applicable, the criteria shall be based on the
24population at risk, the potential for contamination of drinking water supplies, the
25potential for other direct human contact, the potential for destruction of sensitive
1ecosystems, the hazard potential of the hazardous substances which may be released
2and other appropriate factors.
The criteria shall give priority to sites and facilities
3located in affected communities identified under s. 165.35 (2) (a). The department
4is not required to use hazard ranking criteria promulgated by the federal
5environmental protection agency under
42 USC 9601, et seq.
SB434, s. 10
6Section
10. 144.442 (9m) (b) 5. c. of the statutes is created to read:
SB434,8,87
144.442
(9m) (b) 5. c. The greatest reduction of environmental injustice, as
8defined in s. 165.35 (1) (c).
SB434, s. 11
9Section
11. 144.442 (9m) (c) 8. c. of the statutes is created to read:
SB434,8,1110
144.442
(9m) (c) 8. c. The greatest reduction of environmental injustice, as
11defined in s. 165.35 (1) (c).
SB434, s. 12
12Section
12. 144.76 (7) (am) of the statutes is created to read:
SB434,8,1513
144.76
(7) (am) If sufficient funds are not available for all appropriate actions
14under par. (a) at all sites in this state, the department shall give priority to actions
15at sites located in affected communities, as identified under s. 165.35 (2) (a).
SB434,8,2118
144.955
(1m) Promotion of hazardous pollution prevention. (intro.) In
19carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the
20department, the department of development, the council and the program shall
21promote do all of the following:
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22(a) Promote all of the following techniques for hazardous pollution prevention:
SB434, s. 14
23Section
14. 144.955 (1m) (a) to (e) of the statutes are renumbered 144.955 (1m)
24(a) 1. to 5.
SB434, s. 15
25Section
15. 144.955 (1m) (b) of the statutes is created to read:
SB434,9,3
1144.955
(1m) (b) Encourage all industrial facilities, as defined in s. 165.35 (1)
2(e), and other facilities located in affected communities, as identified under s. 165.35
3(2) (a) to participate in the program.
SB434, s. 16
4Section
16. 144.957 of the statutes is created to read:
SB434,9,5
5144.957 Environmental justice. (1) Definitions. In this section:
SB434,9,66
(a) "Affected community" means a community identified under s. 165.35 (2) (a).
SB434,9,77
(b) "Environmental justice" has the meaning given in s. 165.35 (1) (d).
SB434,9,88
(c) "Industrial facility" has the meaning given in s. 165.35 (1) (e).
SB434,9,129
(d) "Permit" means an air pollution control permit, as defined in s. 144.30 (3),
10an operating license under s. 144.44 (4), a license under s. 144.64 (2), a permit under
11s. 144.85, a license required under s. 144.942 (2), a permit issued under s. 147.02 or
12a permit issued under s. 147.021.
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(e) "Political subdivision" means a city, village or town.
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(f) "Toxic chemical" means a substance listed under
42 USC 11023 (c).
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15(2) General. Before granting a permit for a new industrial facility, the
16department shall consider the effect that the proposed industrial facility will have
17on the distribution of all industrial facilities and on the concentration of industrial
18facilities in affected communities.
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19(3) Permitting requirement. If the site of a proposed industrial facility is in
20an affected community or if the construction of a proposed industrial facility would
21result in the site meeting the criteria under s. 165.35 (1m), the department shall
22require the applicant to provide information reasonably ascertainable on the
23potential for public exposure to toxic chemicals through releases from the industrial
24facility including all of the following:
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1(a) A description of any releases that may be expected to result from normal
2operations or accidents at the industrial facility, including releases associated with
3transportation to or from the industrial facility.
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(b) A description of the possible ways that humans may be exposed to toxic
5chemicals as a result of a release from the facility, including the potential for
6groundwater or surface contamination, air emissions or food chain contamination.
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(c) The potential extent and nature of human exposure to toxic chemicals that
8may result from a release.
SB434,10,13
9(3m) Environmental impact statement. The department shall prepare an
10environmental impact statement under s. 1.11 (2) for a permit for a proposed
11industrial facility if the proposed industrial facility would affect an affected
12community or if the construction of the proposed industrial facility would result in
13the site of the proposed industrial facility meeting the criteria under s. 165.35 (1m).
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14(4) Enforcement. The department shall, by rule, establish procedures to
15ensure that all environmental laws and all emissions and discharge limits, design
16standards and other conditions of permits for industrial facilities in an affected
17community are strictly enforced. The procedures may include environmental
18monitoring and reporting requirements and compliance inspections and shall be in
19addition to the enforcement procedures that apply outside of affected communities.
SB434,10,24
20(5) Moratorium. (a) If the site of a proposed industrial facility is in an affected
21community or if the construction of a proposed industrial facility would result in the
22area surrounding or adjacent to the site of the proposed industrial facility meeting
23the criteria under s. 165.35 (1m), the department shall deny any application for a
24permit for the industrial facility unless all of the following apply:
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11. There is no feasible alternative site for the industrial facility that is not in
2an affected community and that would not create an affected community.
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32. The applicant enters into an agreement, with a local committee consisting
4of 4 residents of the affected community appointed by the governing body of the
5political subdivision in which the affected community is located or, if the affected
6community is located in more than one political subdivision, with a local committee
7consisting of 4 residents of the affected community appointed by the governing body
8of each of the political subdivisions in which the affected community is located, to
9provide compensation to the affected community. The department shall make the
10compensation agreement a part of any permit for the industrial facility. A
11compensation agreement is enforceable as are all other terms of the permit.
12Compensation may take any form agreed to by the applicant and the local committee,
13including any of the following:
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14a. Job training or educational programs for residents of the affected
15community.
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16b. Hiring preference at the industrial facility for residents of the affected
17community.
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c. Health benefits for residents of the affected community.
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19d. Recreational, cultural or other community facilities in the affected
20community.
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3. The applicant agrees to implement a pollution prevention program in
22cooperation with the University of Wisconsin-Extension and the local committee
23appointed under par. (a) 2.
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1(b) The governing body of a political subdivision is not required to appoint a
2local committee under par. (a) 2. A local committee is not required to enter into an
3agreement under par. (a) 2.
SB434,12,44
(c) Paragraph (a) does not apply after June 30, 2001.
SB434, s. 17
5Section
17
. 146.815 (1) of the statutes is renumbered 146.815 (1) (intro.) and
6amended to read:
SB434,12,87
146.815
(1) (intro.) Patient health care records maintained for hospital
8inpatients shall include, if obtainable,
the all of the following:
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9(a) The inpatient's occupation and the industry in which the inpatient is
10employed at the time of admission, plus the inpatient's usual occupation.
SB434, s. 18
11Section
18. 146.815 (1) (b) of the statutes is created to read:
SB434,12,1412
146.815
(1) (b) The presence of facilities that may be the source of
13environmental pollution, as defined in s. 144.01 (3), in proximity to the inpatient's
14home or place of employment.
SB434, s. 19
15Section
19. 146.815 (2) (c) of the statutes is created to read:
SB434,12,2016
146.815
(2) (c) If the physician of a hospital inpatient reasonably believes that
17the inpatient's health problems may be related to the exposure of the inpatient or his
18or her parents to environmental pollution, as defined in s. 144.01 (3), the physician
19shall ensure that the inpatient's health care record contains information, if
20available, from the inpatient or his or her family about all of the following:
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1. The exposure.
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2. The proximity of the home and place of employment of the inpatient or his
23or her parents to a facility that the inpatient or his or her family believes is a source
24of environmental pollution.
SB434,13,2
13. The nature of the hazardous substance, as defined in s. 144.01 (4m), that is
2generated, used, transported, stored, treated or disposed of at the facility.
SB434, s. 20
3Section
20. 146.82 (2) (a) 8. of the statutes is amended to read:
SB434,13,74
146.82
(2) (a) 8. To the department under
s. ss. 250.04 (3) (b) 4. and 5. and 5255.04. The release of a patient health care record under this subdivision shall be
6limited to the information prescribed by the department under
s. ss. 250.04 (3) (b)
74. and 5. and 255.04.
SB434, s. 21
8Section
21. 165.35 of the statutes is created to read:
SB434,13,9
9165.35 Environmental justice board.
(1) Definitions. In this section:
SB434,13,14
10(a) "Affected community" means a city, village, town, neighborhood or other
11area in which a disproportionately large number of industrial facilities or sites or
12facilities in the inventory under s. 144.442 (4) (a) are located or that is adjacent to
13a disproportionately large number of industrial facilities or sites or facilities in the
14inventory under s. 144.442 (4) (a).
SB434,13,1515
(b) "Board" means the environmental justice board.
SB434,13,17
16(c) "Environmental injustice" means the state of affairs in which
17environmental justice is lacking.
SB434,13,21
18(d) "Environmental justice" means the state of affairs in which no racial,
19cultural, ethnic or economic community and no sector of the workforce is
20disproportionately exposed to the health and safety hazards and the economic and
21aesthetic costs of environmental pollution.
SB434,13,2422
(e) "Industrial facility" means any facility that is required to submit a toxic
23chemical release form under s. 166.20 (5) (a) 4. or that is required to be licensed under
24s. 144.44 (4) or 144.64 (2).
SB434,14,3
1(1m) Rules. The board shall promulgate rules specifying the criteria for
2identifying affected communities. The board may promulgate rules for the
3administration of this section.
SB434,14,7
4(2) Study. The board shall conduct a study of the status of environmental
5justice in this state. The board shall report each phase of its findings to the attorney
6general, the governor and the secretary of the department of natural resources, and
7to the legislature under s. 13.172 (2). The study shall consist of the following phases:
SB434,14,10
8(a)
Inventory. By January 15, 1997, the board shall prepare an inventory of
9affected communities in this state. The board shall prepare an updated inventory
10by January 15 of every odd-numbered year beginning with 1999.
SB434,14,1311
(b)
Study. By January 15, 1998, the board shall complete a study of issues
12related to the extent, causes, consequences, prevention and mitigation of
13environmental injustice in this state including all of the following:
SB434,14,1614
1. A review of past enforcement actions taken by the federal environmental
15protection agency, the department and the department of natural resources for
16violations affecting human health in any affected community.
SB434,14,1917
1m. A review of the effects of environmental injustice, including health and
18safety hazards, the aesthetic costs of environmental pollution, the inability to use
19polluted land, the problems of obtaining insurance and other economic costs.
SB434,14,2120
2. A review of factors, including economic factors, that may have caused
21industrial facilities to be concentrated in affected communities.
SB434,14,2522
3. A review of statutes, rules and policies used by state, regional and local
23governments, and a review of the role played by these entities in influencing or
24making siting and land use decisions that may have caused industrial facilities to
25be concentrated in affected communities.
SB434,15,3
14. A review of methodologies by which state, regional and local governments
2might become more specifically aware of situations in which neighborhoods are at
3particularly high risk for potential threats to human health.
SB434,15,84
5. A review of the enforcement of statutes and rules related to industrial
5facilities to assess whether actual enforcement practices have resulted in uneven
6enforcement outcomes and to determine whether alternative or stronger
7enforcement measures could be taken, or whether other methods could be used to
8allocate resources, in order to more equitably protect affected communities.
SB434,15,119
6. A review of the efforts made by state and local agencies to ensure equitable
10representation of affected communities in their workforces and to help youth from
11affected communities learn about career opportunities in the environmental field.