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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.
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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:
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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:
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9165.35 Environmental justice board.
(1) Definitions. In this section:
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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).
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(b) "Board" means the environmental justice board.
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16(c) "Environmental injustice" means the state of affairs in which
17environmental justice is lacking.
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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.
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(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).
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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.
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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:
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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.
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(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:
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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.
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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.
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2. A review of factors, including economic factors, that may have caused
21industrial facilities to be concentrated in affected communities.
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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.
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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.
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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.
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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.
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7. A review of methods used by the department of natural resources in
13communicating with affected communities and recommendations on how the
14department of natural resources can improve its communications with affected
15communities.
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8. A review of approaches to ensure consideration of environmental justice
17issues when formulating and implementing policies, procedures and legislation
18within state agencies and other institutions.
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(c)
Legislative recommendations. By January 15, 1999, the board shall prepare
20recommendations for legislation to prevent and mitigate environmental injustice
21and to promote environmental justice in this state. Legislative recommendations
22under this paragraph shall include measures to do all of the following:
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231. Reduce the generation and incidental transportation, storage, treatment
24and disposal of hazardous waste, as defined in s. 144.61 (5).
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11m. Reduce the production, use and incidental transportation and storage of
2toxic chemicals listed under
42 USC 11023 (c).
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32. Empower and assist affected communities, and communities threatened
4with becoming affected communities through the siting of new industrial facilities,
5to prevent and mitigate environmental injustice in their communities.
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63. Target state resources to affected communities to reduce the health and
7safety hazards and the economic and aesthetic costs of environmental pollution in
8those affected communities.
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94. Ensure that environmental and health standards and other laws relating to
10the siting, design and operation of industrial facilities are strictly enforced in
11affected communities.
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5. Prevent the clustering of industrial facilities.
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13(3) Community education and assistance. In cooperation with the University
14of Wisconsin-Extension, the board shall conduct an education and assistance
15program for affected communities. The program shall do all of the following:
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16(a) Provide information to individuals, citizen groups and local governmental
17officials in affected communities regarding the causes and nature of environmental
18injustice and means available for the prevention and mitigation of environmental
19injustice in their communities.
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(b) Encourage individuals, citizen groups and local governmental officials in
21affected communities to become involved in efforts to investigate environmental
22problems and to prevent or mitigate environmental injustice in their communities.
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23(c) Provide technical assistance to individuals, citizen groups and local
24governmental officials in affected communities in efforts to investigate
1environmental problems or to prevent or mitigate environmental injustice in their
2communities.
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3(4) Community grants. (a) The board shall administer an environmental
4justice community grants program. A citizen group or local unit of government from
5an affected community or from a community threatened with becoming an affected
6community through the siting of new industrial facilities may apply for a grant to
7enable the group or government to promote environmental justice and to prevent or
8mitigate environmental injustice through involvement in governmental processes
9related to the siting, design and operation of industrial facilities and through other
10appropriate activities.
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(b) A basic grant under this subsection may not exceed $5,000 and may be used
12for any of the following purposes:
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131. Studies related to the possible health hazards or other effects of proposed or
14existing industrial facilities in the community.
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2. Community education activities.
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3. Any other activity approved by the board.
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(c) In addition to a grant under par. (b), the board may award a grant of up to
18$10,000 under this subsection for the preparation of expert testimony or the hiring
19of expert witnesses.
SB434, s. 22
20Section
22. 250.04 (3) (b) 5. of the statutes is created to read:
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250.04
(3) (b) 5. The department shall compile records, including patient
22health care records, of the incidence in this state of acute or chronic health problems
23that are attributable or related to exposure to environmental pollution, as defined
24in s. 144.01 (3). The department shall conduct studies of the correlation between the
25incidence of these health problems and the environment in which the persons with
1the health problems live and work, including the proximity to facilities that may be
2sources of environmental pollution. The department shall annually report its
3findings under this subdivision to the environmental justice board.
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5(1)
Terms of environmental justice board members. Notwithstanding the
6length of terms specified in section 15.255 (2) (b) of the statutes, as created by this
7act, the initial members of the environmental justice board shall be appointed for the
8following terms:
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9(a) One member appointed under section 15.255 (2) (b) 1. of the statutes, one
10member appointed under section 15.255 (2) (b) 2. of the statutes, one member
11appointed under s. 15.255 (2) (b) 3. and one member appointed under section 15.255
12(2) (b) 6. of the statutes for terms expiring on May 1, 1999.
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13(b) One member appointed under section 15.255 (2) (b) 1. of the statutes, one
14member appointed under section 15.255 (2) (b) 2. of the statutes, the member
15appointed under section 15.255 (2) (b) 4. and one member appointed under section
1615.255 (2) (b) 6. of the statutes for terms expiring on May 1, 1998.
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17(c) One member appointed under section 15.255 (2) (b) 1. of the statutes, one
18member appointed under section 15.255 (2) (b) 3. of the statutes and the member
19appointed under section 15.255 (2) (b) 5. of the statutes for terms expiring on May
201, 1997.
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22(1)
License and permit information and moratorium. The treatment of section
23144.957 (3) and (5) of the statutes first applies to applications for permits and
24licenses received on the effective date of this subsection.
SB434, s. 25
1Section
25.
Effective dates. This act takes effect on the day after
2publication, except as follows:
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3(1)
Affected communities. The treatment of sections 144.442 (4) (c) 1. and
4(9m) (b) 5. c. and 8. c., 144.76 (7) (am), 144.955 (1m) (intro.) and (a) to (e) and 144.957
5(3), (3m) and (5) of the statutes, the creation of section 144.955 (1m) (b) of the statutes
6and
Section 24 (1) of this act take effect on February 1, 1997.