Amendment AA1-ASA1-AB100

AB100-ASA1-AA1, s. 3103n Section 3103n. 165.83 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA1,298,5 165.83 (2) (a) 3. For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under subd. 2.".

AB100-ASA1-AA1,298,6 905. Page 1374, line 10: after that line insert:

AB100-ASA1-AA1,298,7 " Section 3110m. 165.85 (2) (f) of the statutes is amended to read:

AB100-ASA1-AA1,298,13 165.85 (2) (f) "Secure detention officer" means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control or maintain a secure detention facility or the persons confined in a secure detention facility. "Secure detention officer" includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.".

AB100-ASA1-AA1,298,14 906. Page 1374, line 18: after that line insert:

AB100-ASA1-AA1,298,15 " Section 3116p. 166.20 (1) (a) of the statutes is repealed.

AB100-ASA1-AA1, s. 3116r Section 3116r. 166.20 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,298,18 166.20 (2) (title) Duties of the board division. (intro.) The board division shall:".

AB100-ASA1-AA1,298,19 907. Page 1374, line 22: after that line insert:

AB100-ASA1-AA1,298,20 " Section 3116tc. 166.20 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA1,298,23 166.20 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the board division.

AB100-ASA1-AA1, s. 3116td Section 3116td. 166.20 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA1,299,8 166.20 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the board division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

AB100-ASA1-AA1, s. 3116tf Section 3116tf. 166.20 (4m) of the statutes is amended to read:

AB100-ASA1-AA1,299,12 166.20 (4m) Cooperation. A state agency or local governmental unit may assist the board division or a committee in the performance of its duties and may enter into an agreement with the board division or a committee.

AB100-ASA1-AA1, s. 3116th Section 3116th. 166.20 (5) (a) 2. of the statutes is amended to read:

AB100-ASA1-AA1,299,19 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources of the discharge of a hazardous substance under s. 292.11 (2) shall constitute the notification of the board division required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

AB100-ASA1-AA1, s. 3116tm Section 3116tm. 166.20 (5) (a) 5. of the statutes is amended to read:

AB100-ASA1-AA1,299,25 166.20 (5) (a) 5. The reporting procedures for trade secrets under 42 USC 11042 shall apply to all facilities in this state subject to the requirements under subd. 1., 3. or 4. For the purposes of applying this subdivision to public agencies and private agencies, the board division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under 42 USC 11042.

AB100-ASA1-AA1, s. 3116ts Section 3116ts. 166.20 (5m) of the statutes is amended to read:

AB100-ASA1-AA1,300,4 166.20 (5m) Furnishing information. If the board division or a committee requests, in writing, information relating to the federal act or to this section, a facility shall furnish the information in the manner requested.".

AB100-ASA1-AA1,300,5 908. Page 1375, line 3: after that line insert:

AB100-ASA1-AA1,300,7 " Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,300,10 166.20 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21:

AB100-ASA1-AA1, s. 3117bm Section 3117bm. 166.20 (7) (b) of the statutes is amended to read:

AB100-ASA1-AA1,300,16 166.20 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. shall pay the fees under par. (a). The board division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.

AB100-ASA1-AA1, s. 3117bp Section 3117bp. 166.20 (7g) (a) of the statutes is amended to read:

AB100-ASA1-AA1,300,21 166.20 (7g) (a) The board division shall establish, by rule, fees to be paid annually to the department of transportation by persons that are required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC Appendix 1805 (c).

AB100-ASA1-AA1, s. 3117br Section 3117br. 166.20 (7g) (e) of the statutes is amended to read:

AB100-ASA1-AA1,300,24 166.20 (7g) (e) The board division may, by rule, establish exemptions from the fees under par. (a).

AB100-ASA1-AA1, s. 3117bt Section 3117bt. 166.20 (7m) (a) of the statutes is amended to read:

AB100-ASA1-AA1,301,8 166.20 (7m) (a) An authorized inspector of the board division or the committee for the county in which a facility is located may enter and inspect any facility or any pertinent record relating to the facility at any reasonable time for the purpose of determining whether the facility is complying with this section and rules promulgated under this section. The board division or committee, if requested, shall furnish to the operator of the facility a report setting forth all facts found which relate to compliance with this section and rules promulgated under this section.

AB100-ASA1-AA1, s. 3117bu Section 3117bu. 166.20 (7m) (b) of the statutes is amended to read:

AB100-ASA1-AA1,301,13 166.20 (7m) (b) The board division shall promulgate rules to specify how the board division or a committee may authorize inspectors for the purposes of par. (a). The rules shall include requirements for experience or training of individuals authorized to conduct inspections.

AB100-ASA1-AA1, s. 3117bw Section 3117bw. 166.20 (8) (a) of the statutes is amended to read:

AB100-ASA1-AA1,301,21 166.20 (8) (a) The department of justice, at its own discretion or at the request of the board division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance.

AB100-ASA1-AA1, s. 3117cd Section 3117cd. 166.20 (9) (a) 1. c. of the statutes is amended to read:

AB100-ASA1-AA1,301,25 166.20 (9) (a) 1. c. The board division for failure to render a decision in response to a petition under 42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months after receipt of the petition.

AB100-ASA1-AA1, s. 3117cf Section 3117cf. 166.20 (9) (a) 1. d. of the statutes is amended to read:

AB100-ASA1-AA1,302,4 166.20 (9) (a) 1. d. The board division for failure to provide a mechanism for public availability of information in accordance with 42 USC 11044 (a), as applied under sub. (2) (a).

AB100-ASA1-AA1, s. 3117ch Section 3117ch. 166.20 (9) (a) 1. e. of the statutes is amended to read:

AB100-ASA1-AA1,302,7 166.20 (9) (a) 1. e. The board division for failure to respond to a request for information under 42 USC 11022 (e) (3), as applied under sub. (2) (a).

AB100-ASA1-AA1, s. 3117cj Section 3117cj. 166.20 (9) (a) 2. (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,302,10 166.20 (9) (a) 2. (intro.) The board division or any county, city, village or town may commence a civil action against any person for failure to do any of the following:

AB100-ASA1-AA1, s. 3117ck Section 3117ck. 166.20 (9) (a) 2. a. of the statutes is amended to read:

AB100-ASA1-AA1,302,13 166.20 (9) (a) 2. a. Provide notification to the board division under 42 USC 11002 (c), as applied under sub. (5) (a) 1.

AB100-ASA1-AA1, s. 3117cm Section 3117cm. 166.20 (9) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA1,302,18 166.20 (9) (a) 3. The board division or any committee may commence an action against any person for failure to provide the information required under 42 USC 11003 (d), as applied under sub. (5) (a) 1. or any information required under 42 USC 11022 (e) (1), as applied under sub. (5) (a) 3.

AB100-ASA1-AA1, s. 3117cp Section 3117cp. 166.20 (9) (b) 1. (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,302,22 166.20 (9) (b) 1. (intro.) No action may be commenced against any person other than the board division under this subsection under any of the following circumstances:

AB100-ASA1-AA1, s. 3117cq Section 3117cq. 166.20 (9) (b) 1. a. of the statutes is amended to read:

AB100-ASA1-AA1,302,25 166.20 (9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave notice of the alleged violation to the board division and to the alleged violator.

AB100-ASA1-AA1, s. 3117cr Section 3117cr. 166.20 (9) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA1,303,4 166.20 (9) (b) 2. No action may be commenced against the board division under this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of the action to the board division.

AB100-ASA1-AA1, s. 3117ct Section 3117ct. 166.20 (11) (dg) of the statutes is amended to read:

AB100-ASA1-AA1,303,11 166.20 (11) (dg) Except as provided in this paragraph, any person who negligently makes a false statement or representation in any document provided by the operator of a facility or required to be maintained by the operator of a facility under the federal act, this section or rules promulgated under this section shall forfeit not less than $100 nor more than $25,000. This penalty does not apply to the board division, a committee or a member of the board division or a committee.

AB100-ASA1-AA1, s. 3117cw Section 3117cw. 166.21 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,303,15 166.21 (1) (b) Any committee may apply annually to the board division for an emergency planning grant. Applications shall be made in the manner specified by the board division.".

AB100-ASA1-AA1,303,16 909. Page 1375, line 10: after that line insert:

AB100-ASA1-AA1,303,17 " Section 3117g. 166.21 (2) (e) of the statutes is amended to read:

AB100-ASA1-AA1,303,19 166.21 (2) (e) The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.".

AB100-ASA1-AA1,303,20 910. Page 1375, line 15: after that line insert:

AB100-ASA1-AA1,303,22 " Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,304,2 166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (br) for emergency response equipment only if it submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following:

AB100-ASA1-AA1, s. 3117ke Section 3117ke. 166.21 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA1,304,5 166.21 (3) (a) 1. The costs of each new facility plan completed by the committee and approved by the board division in the period covered by the grant.

AB100-ASA1-AA1, s. 3117kf Section 3117kf. 166.21 (3) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA1,304,8 166.21 (3) (a) 3. The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.

AB100-ASA1-AA1, s. 3117kj Section 3117kj. 166.21 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA1,304,13 166.21 (3) (b) The board division shall reduce the grant amount calculated under par. (a) by the amount of any other gifts or grants received by the committee in the period covered by the grant for costs incurred by the committee related to sub. (2).

AB100-ASA1-AA1, s. 3117km Section 3117km. 166.21 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA1,304,19 166.21 (3) (c) Notwithstanding sub. (2), the board division shall deny that portion of a grant calculated under par. (a) 2. if the board division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 or the federal act.

AB100-ASA1-AA1, s. 3117kp Section 3117kp. 166.21 (3) (e) of the statutes is amended to read:

AB100-ASA1-AA1,304,22 166.21 (3) (e) Annually, the board division shall establish a formula to determine the amount of emergency planning grant funds available to each county.

AB100-ASA1-AA1, s. 3117kr Section 3117kr. 166.21 (4) of the statutes is amended to read:

AB100-ASA1-AA1,305,4 166.21 (4) Payment of grants. Annually, the board division shall review all applications received under this section and make grants to committees from the appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to pay all approved grants, the board division shall prorate the available funds among the eligible applicants in proportion to the approved grant amounts. A prorated payment shall be deemed full payment of the grant.

AB100-ASA1-AA1, s. 3117ks Section 3117ks. 166.21 (5) of the statutes is amended to read:

AB100-ASA1-AA1,305,10 166.21 (5) Payment in advance. (a) The board division may pay a portion of a grant before the end of the period covered by the grant if a committee requests the advance payment and if the board division determines that the necessary funds are available and that the advance payment will not result in insufficient funds to pay other grants.

AB100-ASA1-AA1,305,16 (b) The board division may pay an amount up to 50% of anticipated eligible costs covered by a grant up to 12 months before the end of the period covered by the grant. The board division may pay an additional amount up to 25% of anticipated eligible costs up to 6 months before the end of the period covered by the grant. The board division shall determine anticipated eligible costs from a budget submitted by the committee at the time that the committee requests payment in advance.

AB100-ASA1-AA1,305,20 (c) If a committee receives advance payments under this subsection which exceed the total grant amount calculated under sub. (3), the board division shall subtract the amount of the overpayment from the amount of a grant paid to that committee in the next year that the committee receives a grant.".

AB100-ASA1-AA1,305,21 911. Page 1376, line 3: after that line insert:

AB100-ASA1-AA1,305,23 " Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,306,11 166.215 (1) The division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).".

AB100-ASA1-AA1,306,12 912. Page 1376, line 14: after that line insert:

AB100-ASA1-AA1,306,14 " Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,306,24 166.215 (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). 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.

AB100-ASA1-AA1, s. 3117qm Section 3117qm. 166.215 (3) of the statutes is amended to read:

AB100-ASA1-AA1,307,5 166.215 (3) A person who possessed or controlled a hazardous substance that was released or who caused the release of a hazardous substance shall reimburse the board division for costs incurred by a regional emergency response team in responding to the release under sub. (1).".