SB434: Bill Text

SB434, s. 15 Section 15. 144.955 (1m) (b) of the statutes is created to read:

SB434,9,3 144.955 (1m) (b) Encourage all industrial facilities, as defined in s. 165.35 (1) (e), and other facilities located in affected communities, as identified under s. 165.35 (2) (a) to participate in the program.

SB434, s. 16 Section 16. 144.957 of the statutes is created to read:

SB434,9,5 144.957 Environmental justice. (1) Definitions. In this section:

SB434,9,6 (a) "Affected community" means a community identified under s. 165.35 (2) (a).

SB434,9,7 (b) "Environmental justice" has the meaning given in s. 165.35 (1) (d).

SB434,9,8 (c) "Industrial facility" has the meaning given in s. 165.35 (1) (e).

SB434,9,12 (d) "Permit" means an air pollution control permit, as defined in s. 144.30 (3), an operating license under s. 144.44 (4), a license under s. 144.64 (2), a permit under s. 144.85, a license required under s. 144.942 (2), a permit issued under s. 147.02 or a permit issued under s. 147.021.

SB434,9,13 (e) "Political subdivision" means a city, village or town.

SB434,9,14 (f) "Toxic chemical" means a substance listed under 42 USC 11023 (c).

SB434,9,18 (2) General. Before granting a permit for a new industrial facility, the department shall consider the effect that the proposed industrial facility will have on the distribution of all industrial facilities and on the concentration of industrial facilities in affected communities.

SB434,9,24 (3) Permitting requirement. If the site of a proposed industrial facility is in an affected community or if the construction of a proposed industrial facility would result in the site meeting the criteria under s. 165.35 (1m), the department shall require the applicant to provide information reasonably ascertainable on the potential for public exposure to toxic chemicals through releases from the industrial facility including all of the following:

SB434,10,3 (a) A description of any releases that may be expected to result from normal operations or accidents at the industrial facility, including releases associated with transportation to or from the industrial facility.

SB434,10,6 (b) A description of the possible ways that humans may be exposed to toxic chemicals as a result of a release from the facility, including the potential for groundwater or surface contamination, air emissions or food chain contamination.

SB434,10,8 (c) The potential extent and nature of human exposure to toxic chemicals that may result from a release.

SB434,10,13 (3m) Environmental impact statement. The department shall prepare an environmental impact statement under s. 1.11 (2) for a permit for a proposed industrial facility if the proposed industrial facility would affect an affected community or if the construction of the proposed industrial facility would result in the site of the proposed industrial facility meeting the criteria under s. 165.35 (1m).

SB434,10,19 (4) Enforcement. The department shall, by rule, establish procedures to ensure that all environmental laws and all emissions and discharge limits, design standards and other conditions of permits for industrial facilities in an affected community are strictly enforced. The procedures may include environmental monitoring and reporting requirements and compliance inspections and shall be in addition to the enforcement procedures that apply outside of affected communities.

SB434,10,24 (5) Moratorium. (a) If the site of a proposed industrial facility is in an affected community or if the construction of a proposed industrial facility would result in the area surrounding or adjacent to the site of the proposed industrial facility meeting the criteria under s. 165.35 (1m), the department shall deny any application for a permit for the industrial facility unless all of the following apply:

SB434,11,2 1. There is no feasible alternative site for the industrial facility that is not in an affected community and that would not create an affected community.

SB434,11,13 2. The applicant enters into an agreement, with a local committee consisting of 4 residents of the affected community appointed by the governing body of the political subdivision in which the affected community is located or, if the affected community is located in more than one political subdivision, with a local committee consisting of 4 residents of the affected community appointed by the governing body of each of the political subdivisions in which the affected community is located, to provide compensation to the affected community. The department shall make the compensation agreement a part of any permit for the industrial facility. A compensation agreement is enforceable as are all other terms of the permit. Compensation may take any form agreed to by the applicant and the local committee, including any of the following:

SB434,11,15 a. Job training or educational programs for residents of the affected community.

SB434,11,17 b. Hiring preference at the industrial facility for residents of the affected community.

SB434,11,18 c. Health benefits for residents of the affected community.

SB434,11,20 d. Recreational, cultural or other community facilities in the affected community.

SB434,11,23 3. The applicant agrees to implement a pollution prevention program in cooperation with the University of Wisconsin-Extension and the local committee appointed under par. (a) 2.

SB434,12,3 (b) The governing body of a political subdivision is not required to appoint a local committee under par. (a) 2. A local committee is not required to enter into an agreement under par. (a) 2.

SB434,12,4 (c) Paragraph (a) does not apply after June 30, 2001.

SB434, s. 17 Section 17 . 146.815 (1) of the statutes is renumbered 146.815 (1) (intro.) and amended to read:

SB434,12,8 146.815 (1) (intro.) Patient health care records maintained for hospital inpatients shall include, if obtainable, the all of the following:

SB434,12,10 (a) The inpatient's occupation and the industry in which the inpatient is employed at the time of admission, plus the inpatient's usual occupation.

SB434, s. 18 Section 18. 146.815 (1) (b) of the statutes is created to read:

SB434,12,14 146.815 (1) (b) The presence of facilities that may be the source of environmental pollution, as defined in s. 144.01 (3), in proximity to the inpatient's home or place of employment.

SB434, s. 19 Section 19. 146.815 (2) (c) of the statutes is created to read:

SB434,12,20 146.815 (2) (c) If the physician of a hospital inpatient reasonably believes that the inpatient's health problems may be related to the exposure of the inpatient or his or her parents to environmental pollution, as defined in s. 144.01 (3), the physician shall ensure that the inpatient's health care record contains information, if available, from the inpatient or his or her family about all of the following:

SB434,12,21 1. The exposure.

SB434,12,24 2. The proximity of the home and place of employment of the inpatient or his or her parents to a facility that the inpatient or his or her family believes is a source of environmental pollution.

SB434,13,2 3. The nature of the hazardous substance, as defined in s. 144.01 (4m), that is generated, used, transported, stored, treated or disposed of at the facility.

SB434, s. 20 Section 20. 146.82 (2) (a) 8. of the statutes is amended to read:

SB434,13,7 146.82 (2) (a) 8. To the department under s. ss. 250.04 (3) (b) 4. and 5. and 255.04. The release of a patient health care record under this subdivision shall be limited to the information prescribed by the department under s. ss. 250.04 (3) (b) 4. and 5. and 255.04.

SB434, s. 21 Section 21. 165.35 of the statutes is created to read:

SB434,13,9 165.35 Environmental justice board. (1) Definitions. In this section:

SB434,13,14 (a) "Affected community" means a city, village, town, neighborhood or other area in which a disproportionately large number of industrial facilities or sites or facilities in the inventory under s. 144.442 (4) (a) are located or that is adjacent to a disproportionately large number of industrial facilities or sites or facilities in the inventory under s. 144.442 (4) (a).

SB434,13,15 (b) "Board" means the environmental justice board.

SB434,13,17 (c) "Environmental injustice" means the state of affairs in which environmental justice is lacking.

SB434,13,21 (d) "Environmental justice" means the state of affairs in which no racial, cultural, ethnic or economic community and no sector of the workforce is disproportionately exposed to the health and safety hazards and the economic and aesthetic costs of environmental pollution.

SB434,13,24 (e) "Industrial facility" means any facility that is required to submit a toxic chemical release form under s. 166.20 (5) (a) 4. or that is required to be licensed under s. 144.44 (4) or 144.64 (2).

SB434,14,3 (1m) Rules. The board shall promulgate rules specifying the criteria for identifying affected communities. The board may promulgate rules for the administration of this section.

SB434,14,7 (2) Study. The board shall conduct a study of the status of environmental justice in this state. The board shall report each phase of its findings to the attorney general, the governor and the secretary of the department of natural resources, and to the legislature under s. 13.172 (2). The study shall consist of the following phases:

SB434,14,10 (a) Inventory. By January 15, 1997, the board shall prepare an inventory of affected communities in this state. The board shall prepare an updated inventory by January 15 of every odd-numbered year beginning with 1999.

SB434,14,13 (b) Study. By January 15, 1998, the board shall complete a study of issues related to the extent, causes, consequences, prevention and mitigation of environmental injustice in this state including all of the following:

SB434,14,16 1. A review of past enforcement actions taken by the federal environmental protection agency, the department and the department of natural resources for violations affecting human health in any affected community.

SB434,14,19 1m. A review of the effects of environmental injustice, including health and safety hazards, the aesthetic costs of environmental pollution, the inability to use polluted land, the problems of obtaining insurance and other economic costs.

SB434,14,21 2. A review of factors, including economic factors, that may have caused industrial facilities to be concentrated in affected communities.

SB434,14,25 3. A review of statutes, rules and policies used by state, regional and local governments, and a review of the role played by these entities in influencing or making siting and land use decisions that may have caused industrial facilities to be concentrated in affected communities.

SB434,15,3 4. A review of methodologies by which state, regional and local governments might become more specifically aware of situations in which neighborhoods are at particularly high risk for potential threats to human health.

SB434,15,8 5. A review of the enforcement of statutes and rules related to industrial facilities to assess whether actual enforcement practices have resulted in uneven enforcement outcomes and to determine whether alternative or stronger enforcement measures could be taken, or whether other methods could be used to allocate resources, in order to more equitably protect affected communities.

SB434,15,11 6. A review of the efforts made by state and local agencies to ensure equitable representation of affected communities in their workforces and to help youth from affected communities learn about career opportunities in the environmental field.

SB434,15,15 7. A review of methods used by the department of natural resources in communicating with affected communities and recommendations on how the department of natural resources can improve its communications with affected communities.

SB434,15,18 8. A review of approaches to ensure consideration of environmental justice issues when formulating and implementing policies, procedures and legislation within state agencies and other institutions.

SB434,15,22 (c) Legislative recommendations. By January 15, 1999, the board shall prepare recommendations for legislation to prevent and mitigate environmental injustice and to promote environmental justice in this state. Legislative recommendations under this paragraph shall include measures to do all of the following:

SB434,15,24 1. Reduce the generation and incidental transportation, storage, treatment and disposal of hazardous waste, as defined in s. 144.61 (5).

SB434,16,2 1m. Reduce the production, use and incidental transportation and storage of toxic chemicals listed under 42 USC 11023 (c).

SB434,16,5 2. Empower and assist affected communities, and communities threatened with becoming affected communities through the siting of new industrial facilities, to prevent and mitigate environmental injustice in their communities.

SB434,16,8 3. Target state resources to affected communities to reduce the health and safety hazards and the economic and aesthetic costs of environmental pollution in those affected communities.

SB434,16,11 4. Ensure that environmental and health standards and other laws relating to the siting, design and operation of industrial facilities are strictly enforced in affected communities.

SB434,16,12 5. Prevent the clustering of industrial facilities.

SB434,16,15 (3) Community education and assistance. In cooperation with the University of Wisconsin-Extension, the board shall conduct an education and assistance program for affected communities. The program shall do all of the following:

SB434,16,19 (a) Provide information to individuals, citizen groups and local governmental officials in affected communities regarding the causes and nature of environmental injustice and means available for the prevention and mitigation of environmental injustice in their communities.

SB434,16,22 (b) Encourage individuals, citizen groups and local governmental officials in affected communities to become involved in efforts to investigate environmental problems and to prevent or mitigate environmental injustice in their communities.

SB434,17,2 (c) Provide technical assistance to individuals, citizen groups and local governmental officials in affected communities in efforts to investigate environmental problems or to prevent or mitigate environmental injustice in their communities.

SB434,17,10 (4) Community grants. (a) The board shall administer an environmental justice community grants program. A citizen group or local unit of government from an affected community or from a community threatened with becoming an affected community through the siting of new industrial facilities may apply for a grant to enable the group or government to promote environmental justice and to prevent or mitigate environmental injustice through involvement in governmental processes related to the siting, design and operation of industrial facilities and through other appropriate activities.

SB434,17,12 (b) A basic grant under this subsection may not exceed $5,000 and may be used for any of the following purposes:

SB434,17,14 1. Studies related to the possible health hazards or other effects of proposed or existing industrial facilities in the community.

SB434,17,15 2. Community education activities.

SB434,17,16 3. Any other activity approved by the board.

SB434,17,19 (c) In addition to a grant under par. (b), the board may award a grant of up to $10,000 under this subsection for the preparation of expert testimony or the hiring of expert witnesses.

SB434, s. 22 Section 22. 250.04 (3) (b) 5. of the statutes is created to read:

SB434,18,3 250.04 (3) (b) 5. The department shall compile records, including patient health care records, of the incidence in this state of acute or chronic health problems that are attributable or related to exposure to environmental pollution, as defined in s. 144.01 (3). The department shall conduct studies of the correlation between the incidence of these health problems and the environment in which the persons with the health problems live and work, including the proximity to facilities that may be sources of environmental pollution. The department shall annually report its findings under this subdivision to the environmental justice board.

SB434, s. 23 Section 23. Nonstatutory provisions.

SB434,18,8 (1)  Terms of environmental justice board members. Notwithstanding the length of terms specified in section 15.255 (2) (b) of the statutes, as created by this act, the initial members of the environmental justice board shall be appointed for the following terms:

SB434,18,12 (a)  One member appointed under section 15.255 (2) (b) 1. of the statutes, one member appointed under section 15.255 (2) (b) 2. of the statutes, one member appointed under s. 15.255 (2) (b) 3. and one member appointed under section 15.255 (2) (b) 6. of the statutes for terms expiring on May 1, 1999.

SB434,18,16 (b)  One member appointed under section 15.255 (2) (b) 1. of the statutes, one member appointed under section 15.255 (2) (b) 2. of the statutes, the member appointed under section 15.255 (2) (b) 4. and one member appointed under section 15.255 (2) (b) 6. of the statutes for terms expiring on May 1, 1998.

SB434,18,20 (c)  One member appointed under section 15.255 (2) (b) 1. of the statutes, one member appointed under section 15.255 (2) (b) 3. of the statutes and the member appointed under section 15.255 (2) (b) 5. of the statutes for terms expiring on May 1, 1997.

SB434, s. 24 Section 24 . Initial applicability.

SB434,18,24 (1)   License and permit information and moratorium. The treatment of section 144.957 (3) and (5) of the statutes first applies to applications for permits and licenses received on the effective date of this subsection.

SB434, s. 25 Section 25. Effective dates. This act takes effect on the day after publication, except as follows:

SB434,19,6 (1)  Affected communities. The treatment of sections 144.442 (4) (c) 1. and (9m) (b) 5. c. and 8. c., 144.76 (7) (am), 144.955 (1m) (intro.) and (a) to (e) and 144.957 (3), (3m) and (5) of the statutes, the creation of section 144.955 (1m) (b) of the statutes and Section 24 (1) of this act take effect on February 1, 1997.

SB434,19,7 (End)