AB100-ASA1-AA1, s. 3116r 16Section 3116r. 166.20 (2) (intro.) of the statutes is amended to read:
AB100-ASA1-AA1,298,1817 166.20 (2) (title) Duties of the board division. (intro.) The board division
18shall:".
AB100-ASA1-AA1,298,19 19907. Page 1374, line 22: after that line insert:
AB100-ASA1-AA1,298,20 20" Section 3116tc. 166.20 (4) (a) of the statutes is amended to read:
AB100-ASA1-AA1,298,2321 166.20 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2)
22of the release of a hazardous substance, provide all information contained in the
23notification to the board division.
AB100-ASA1-AA1, s. 3116td 24Section 3116td. 166.20 (4) (b) of the statutes is amended to read:
AB100-ASA1-AA1,299,8
1166.20 (4) (b) Have the same powers and duties at the time of a release of a
2hazardous substance as are given to it under s. 292.11, including the investigation
3of releases of hazardous substances, the repair of any environmental damage which
4results from the release and the recovery of costs from responsible parties. The
5department of natural resources may also, at the time of a release of a hazardous
6substance, identify and recommend to the board division and the committee
7measures to lessen or mitigate anticipated environmental damage resulting from the
8release.
AB100-ASA1-AA1, s. 3116tf 9Section 3116tf. 166.20 (4m) of the statutes is amended to read:
AB100-ASA1-AA1,299,1210 166.20 (4m) Cooperation. A state agency or local governmental unit may
11assist the board division or a committee in the performance of its duties and may
12enter into an agreement with the board division or a committee.
AB100-ASA1-AA1, s. 3116th 13Section 3116th. 166.20 (5) (a) 2. of the statutes is amended to read:
AB100-ASA1-AA1,299,1914 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall
15comply with the notification requirements of 42 USC 11004. Notification of the
16department of natural resources of the discharge of a hazardous substance under s.
17292.11 (2) shall constitute the notification of the board division required under 42
18USC 11004
if the notification contains the information specified in 42 USC 11004 (b)
19(2) or (c).
AB100-ASA1-AA1, s. 3116tm 20Section 3116tm. 166.20 (5) (a) 5. of the statutes is amended to read:
AB100-ASA1-AA1,299,2521 166.20 (5) (a) 5. The reporting procedures for trade secrets under 42 USC 11042
22shall apply to all facilities in this state subject to the requirements under subd. 1.,
233. or 4. For the purposes of applying this subdivision to public agencies and private
24agencies, the board division shall have the powers and duties granted to the
25administrator of the U.S. environmental protection agency under 42 USC 11042.
AB100-ASA1-AA1, s. 3116ts
1Section 3116ts. 166.20 (5m) of the statutes is amended to read:
AB100-ASA1-AA1,300,42 166.20 (5m) Furnishing information. If the board division or a committee
3requests, in writing, information relating to the federal act or to this section, a facility
4shall furnish the information in the manner requested.".
AB100-ASA1-AA1,300,5 5908. Page 1375, line 3: after that line insert:
AB100-ASA1-AA1,300,7 6" Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
7Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,300,108 166.20 (7) (a) (intro.) The division shall establish, by rule, the following fees at
9levels designed to fund the division's administrative expenses and the grants under
10s. 166.21:
AB100-ASA1-AA1, s. 3117bm 11Section 3117bm. 166.20 (7) (b) of the statutes is amended to read:
AB100-ASA1-AA1,300,1612 166.20 (7) (b) The operator of a facility subject to the requirements of sub. (5)
13(a) 1. or 3. shall pay the fees under par. (a). The board division may establish, by rule,
14a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
15under par. (a) in a timely manner. The surcharge under this paragraph shall not
16exceed 20% of the original fee.
AB100-ASA1-AA1, s. 3117bp 17Section 3117bp. 166.20 (7g) (a) of the statutes is amended to read:
AB100-ASA1-AA1,300,2118 166.20 (7g) (a) The board division shall establish, by rule, fees to be paid
19annually to the department of transportation by persons that are required to file
20hazardous materials transportation registration statements with the federal
21department of transportation under 49 USC Appendix 1805 (c).
AB100-ASA1-AA1, s. 3117br 22Section 3117br. 166.20 (7g) (e) of the statutes is amended to read:
AB100-ASA1-AA1,300,2423 166.20 (7g) (e) The board division may, by rule, establish exemptions from the
24fees under par. (a).
AB100-ASA1-AA1, s. 3117bt
1Section 3117bt. 166.20 (7m) (a) of the statutes is amended to read:
AB100-ASA1-AA1,301,82 166.20 (7m) (a) An authorized inspector of the board division or the committee
3for the county in which a facility is located may enter and inspect any facility or any
4pertinent record relating to the facility at any reasonable time for the purpose of
5determining whether the facility is complying with this section and rules
6promulgated under this section. The board division or committee, if requested, shall
7furnish to the operator of the facility a report setting forth all facts found which relate
8to compliance with this section and rules promulgated under this section.
AB100-ASA1-AA1, s. 3117bu 9Section 3117bu. 166.20 (7m) (b) of the statutes is amended to read:
AB100-ASA1-AA1,301,1310 166.20 (7m) (b) The board division shall promulgate rules to specify how the
11board division or a committee may authorize inspectors for the purposes of par. (a).
12The rules shall include requirements for experience or training of individuals
13authorized to conduct inspections.
AB100-ASA1-AA1, s. 3117bw 14Section 3117bw. 166.20 (8) (a) of the statutes is amended to read:
AB100-ASA1-AA1,301,2115 166.20 (8) (a) The department of justice, at its own discretion or at the request
16of the board division or the committee or district attorney for the county in which the
17violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
18promulgated under subs. (2) to (7). In any action commenced under this paragraph,
19the department of justice may request the assistance of the district attorney for the
20county in which the violation is alleged to have occurred and the district attorney
21shall provide the requested assistance.
AB100-ASA1-AA1, s. 3117cd 22Section 3117cd. 166.20 (9) (a) 1. c. of the statutes is amended to read:
AB100-ASA1-AA1,301,2523 166.20 (9) (a) 1. c. The board division for failure to render a decision in response
24to a petition under 42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
25after receipt of the petition.
AB100-ASA1-AA1, s. 3117cf
1Section 3117cf. 166.20 (9) (a) 1. d. of the statutes is amended to read:
AB100-ASA1-AA1,302,42 166.20 (9) (a) 1. d. The board division for failure to provide a mechanism for
3public availability of information in accordance with 42 USC 11044 (a), as applied
4under sub. (2) (a).
AB100-ASA1-AA1, s. 3117ch 5Section 3117ch. 166.20 (9) (a) 1. e. of the statutes is amended to read:
AB100-ASA1-AA1,302,76 166.20 (9) (a) 1. e. The board division for failure to respond to a request for
7information under 42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-ASA1-AA1, s. 3117cj 8Section 3117cj. 166.20 (9) (a) 2. (intro.) of the statutes is amended to read:
AB100-ASA1-AA1,302,109 166.20 (9) (a) 2. (intro.) The board division or any county, city, village or town
10may commence a civil action against any person for failure to do any of the following:
AB100-ASA1-AA1, s. 3117ck 11Section 3117ck. 166.20 (9) (a) 2. a. of the statutes is amended to read:
AB100-ASA1-AA1,302,1312 166.20 (9) (a) 2. a. Provide notification to the board division under 42 USC
1311002
(c), as applied under sub. (5) (a) 1.
AB100-ASA1-AA1, s. 3117cm 14Section 3117cm. 166.20 (9) (a) 3. of the statutes is amended to read:
AB100-ASA1-AA1,302,1815 166.20 (9) (a) 3. The board division or any committee may commence an action
16against any person for failure to provide the information required under 42 USC
1711003
(d), as applied under sub. (5) (a) 1. or any information required under 42 USC
1811022
(e) (1), as applied under sub. (5) (a) 3.
AB100-ASA1-AA1, s. 3117cp 19Section 3117cp. 166.20 (9) (b) 1. (intro.) of the statutes is amended to read:
AB100-ASA1-AA1,302,2220 166.20 (9) (b) 1. (intro.) No action may be commenced against any person other
21than the board division under this subsection under any of the following
22circumstances:
AB100-ASA1-AA1, s. 3117cq 23Section 3117cq. 166.20 (9) (b) 1. a. of the statutes is amended to read:
AB100-ASA1-AA1,302,2524 166.20 (9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave
25notice of the alleged violation to the board division and to the alleged violator.
AB100-ASA1-AA1, s. 3117cr
1Section 3117cr. 166.20 (9) (b) 2. of the statutes is amended to read:
AB100-ASA1-AA1,303,42 166.20 (9) (b) 2. No action may be commenced against the board division under
3this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of
4the action to the board division.
AB100-ASA1-AA1, s. 3117ct 5Section 3117ct. 166.20 (11) (dg) of the statutes is amended to read:
AB100-ASA1-AA1,303,116 166.20 (11) (dg) Except as provided in this paragraph, any person who
7negligently makes a false statement or representation in any document provided by
8the operator of a facility or required to be maintained by the operator of a facility
9under the federal act, this section or rules promulgated under this section shall
10forfeit not less than $100 nor more than $25,000. This penalty does not apply to the
11board division, a committee or a member of the board division or a committee.
AB100-ASA1-AA1, s. 3117cw 12Section 3117cw. 166.21 (1) (b) of the statutes is amended to read:
AB100-ASA1-AA1,303,1513 166.21 (1) (b) Any committee may apply annually to the board division for an
14emergency planning grant. Applications shall be made in the manner specified by
15the board division.".
AB100-ASA1-AA1,303,16 16909. Page 1375, line 10: after that line insert:
AB100-ASA1-AA1,303,17 17" Section 3117g. 166.21 (2) (e) of the statutes is amended to read:
AB100-ASA1-AA1,303,1918 166.21 (2) (e) The portion of a previous year's costs that was approved by the
19board division but not paid because of insufficient funds.".
AB100-ASA1-AA1,303,20 20910. Page 1375, line 15: after that line insert:
AB100-ASA1-AA1,303,22 21" Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997
22Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,304,223 166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds
24under sub. (2) (br) for emergency response equipment only if it submits to the division

1a strategic plan for emergency response to hazardous substance releases that
2includes all of the following:
AB100-ASA1-AA1, s. 3117ke 3Section 3117ke. 166.21 (3) (a) 1. of the statutes is amended to read:
AB100-ASA1-AA1,304,54 166.21 (3) (a) 1. The costs of each new facility plan completed by the committee
5and approved by the board division in the period covered by the grant.
AB100-ASA1-AA1, s. 3117kf 6Section 3117kf. 166.21 (3) (a) 3. of the statutes is amended to read:
AB100-ASA1-AA1,304,87 166.21 (3) (a) 3. The portion of a previous year's costs that was approved by the
8board division but not paid because of insufficient funds.
AB100-ASA1-AA1, s. 3117kj 9Section 3117kj. 166.21 (3) (b) of the statutes is amended to read:
AB100-ASA1-AA1,304,1310 166.21 (3) (b) The board division shall reduce the grant amount calculated
11under par. (a) by the amount of any other gifts or grants received by the committee
12in the period covered by the grant for costs incurred by the committee related to sub.
13(2).
AB100-ASA1-AA1, s. 3117km 14Section 3117km. 166.21 (3) (c) of the statutes is amended to read:
AB100-ASA1-AA1,304,1915 166.21 (3) (c) Notwithstanding sub. (2), the board division shall deny that
16portion of a grant calculated under par. (a) 2. if the board division determines that
17the committee has failed to meet grant obligations, including the development,
18review, exercise or implementation of local emergency response plans as required
19under s. 166.20 or the federal act.
AB100-ASA1-AA1, s. 3117kp 20Section 3117kp. 166.21 (3) (e) of the statutes is amended to read:
AB100-ASA1-AA1,304,2221 166.21 (3) (e) Annually, the board division shall establish a formula to
22determine the amount of emergency planning grant funds available to each county.
AB100-ASA1-AA1, s. 3117kr 23Section 3117kr. 166.21 (4) of the statutes is amended to read:
AB100-ASA1-AA1,305,424 166.21 (4) Payment of grants. Annually, the board division shall review all
25applications received under this section and make grants to committees from the

1appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to
2pay all approved grants, the board division shall prorate the available funds among
3the eligible applicants in proportion to the approved grant amounts. A prorated
4payment shall be deemed full payment of the grant.
AB100-ASA1-AA1, s. 3117ks 5Section 3117ks. 166.21 (5) of the statutes is amended to read:
AB100-ASA1-AA1,305,106 166.21 (5) Payment in advance. (a) The board division may pay a portion of a
7grant before the end of the period covered by the grant if a committee requests the
8advance payment and if the board division determines that the necessary funds are
9available and that the advance payment will not result in insufficient funds to pay
10other grants.
AB100-ASA1-AA1,305,1611 (b) The board division may pay an amount up to 50% of anticipated eligible
12costs covered by a grant up to 12 months before the end of the period covered by the
13grant. The board division may pay an additional amount up to 25% of anticipated
14eligible costs up to 6 months before the end of the period covered by the grant. The
15board division shall determine anticipated eligible costs from a budget submitted by
16the committee at the time that the committee requests payment in advance.
AB100-ASA1-AA1,305,2017 (c) If a committee receives advance payments under this subsection which
18exceed the total grant amount calculated under sub. (3), the board division shall
19subtract the amount of the overpayment from the amount of a grant paid to that
20committee in the next year that the committee receives a grant.".
AB100-ASA1-AA1,305,21 21911. Page 1376, line 3: after that line insert:
AB100-ASA1-AA1,305,23 22" Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin
23Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,306,11
1166.215 (1) The division shall contract with no fewer than 7 and no more than
29 regional emergency response teams, each of which will assist in the emergency
3response to level A releases in a region of this state designated by the division. The
4division shall contract with at least one regional emergency response team in each
5area designated under s. 166.03 (2) (b) 1. The division may only contract with a local
6agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
7emergency response team shall meet the standards for a hazardous materials
8specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association
9standards NFPA 471 and 472. Payments to regional emergency response teams
10under this subsection shall be made from the appropriation account under s. 20.465
11(3) (dd).".
AB100-ASA1-AA1,306,12 12912. Page 1376, line 14: after that line insert:
AB100-ASA1-AA1,306,14 13" Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act
14.... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,306,2415 166.215 (2) The division shall reimburse a regional emergency response team
16for costs incurred by the team in responding to a level A release under sub. (1).
17Reimbursement under this subsection is limited to amounts collected under sub. (3)
18and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available
19under s. 20.465 (3) (dr) only if the regional emergency response team has made a good
20faith effort to identify the person responsible under sub. (3) and that person cannot
21be identified, or, if that person is identified, the team has received reimbursement
22from that person to the extent that the person is financially able or has determined
23that the person does not have adequate money or other resources to reimburse the
24regional emergency response team.
AB100-ASA1-AA1, s. 3117qm
1Section 3117qm. 166.215 (3) of the statutes is amended to read:
AB100-ASA1-AA1,307,52 166.215 (3) A person who possessed or controlled a hazardous substance that
3was released or who caused the release of a hazardous substance shall reimburse the
4board division for costs incurred by a regional emergency response team in
5responding to the release under sub. (1).".
AB100-ASA1-AA1,307,6 6913. Page 1377, line 20: after that line insert:
AB100-ASA1-AA1,307,8 7" Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act
8.... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,307,189 166.22 (3m) The division shall reimburse a local emergency response team for
10costs incurred by the team in responding to a hazardous substance discharge under
11sub. (3). Reimbursement under this subsection is limited to the amount
12appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465
13(3) (dr) only if the local emergency response team has made a good faith effort to
14identify the person responsible under sub. (4) and that person cannot be identified,
15or, if that person is identified, the team has received reimbursement from that person
16to the extent that the person is financially able or has determined that the person
17does not have adequate money or other resources to reimburse the local emergency
18response team.".
AB100-ASA1-AA1,307,19 19914. Page 1381, line 13: after that line insert:
AB100-ASA1-AA1,307,20 20" Section 3121c. 168.12 (7) of the statutes is amended to read:
AB100-ASA1-AA1,308,421 168.12 (7) No person may ship petroleum products into this state unless that
22person has a valid certificate under s. 73.03 (50) and either has a license under s.
2378.09 or obtains a petroleum products shipper license from the department of
24revenue by filing with that department an application prescribed and furnished by

1that department and verified by the owner of the business if the owner is an
2individual, by a member if the owner is an unincorporated association, by a partner
3if the owner is a partnership or by the president and secretary if the owner is a
4corporation.".
AB100-ASA1-AA1,308,5 5915. Page 1400, line 3: delete lines 3 to 15 and substitute:
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