AB100-engrossed,1585,1716
165.83
(2) (a) 3. For an offense charged
or alleged as disorderly conduct but
17which relates to an act connected with one or more of the offenses under subd. 2.
AB100-engrossed,1585,2419
165.85
(2) (f) "Secure detention officer" means any person employed by any
20political subdivision of the state
or by any private entity contracting under s. 938.222 21to supervise, control or maintain a secure detention facility or the persons confined
22in a secure detention facility. "Secure detention officer" includes officers regardless
23of whether they have been sworn regarding their duties or whether they serve on a
24full-time basis.
AB100-engrossed,1586,7
1166.03
(2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol
2from the appropriation under s. 20.465 (3)
(q) (f) for the purpose of enabling the patrol
3to perform its assigned missions and duties as prescribed by U.S. air force
4regulations. Expenses eligible for assistance are aircraft acquisition and
5maintenance, communications equipment acquisition and maintenance and office
6staffing and operational expenses. The civil air patrol shall submit vouchers for
7expenses eligible for assistance to the division.
AB100-engrossed,1586,1110
166.20
(2) (title)
Duties of the board division. (intro.) The
board division 11shall:
AB100-engrossed,1586,1513
166.20
(2) (bg) Promulgate rules establishing an amount not to exceed $6,000
14that may be an eligible cost for computers in an emergency planning grant under s.
15166.21 (2)
(bm) (br).
AB100-engrossed,1586,1917
166.20
(4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2)
18of the release of a hazardous substance, provide all information contained in the
19notification to the
board division.
AB100-engrossed,1587,321
166.20
(4) (b) Have the same powers and duties at the time of a release of a
22hazardous substance as are given to it under s. 292.11, including the investigation
23of releases of hazardous substances, the repair of any environmental damage which
24results from the release and the recovery of costs from responsible parties. The
25department of natural resources may also, at the time of a release of a hazardous
1substance, identify and recommend to the
board division and the committee
2measures to lessen or mitigate anticipated environmental damage resulting from the
3release.
AB100-engrossed,1587,75
166.20
(4m) Cooperation. A state agency or local governmental unit may
6assist the
board division or a committee in the performance of its duties and may
7enter into an agreement with the
board division or a committee.
AB100-engrossed,1587,149
166.20
(5) (a) 2. All facilities in this state covered under
42 USC 11004 shall
10comply with the notification requirements of
42 USC 11004. Notification of the
11department of natural resources of the discharge of a hazardous substance under s.
12292.11 (2) shall constitute the notification of the
board division required under
42
13USC 11004 if the notification contains the information specified in
42 USC 11004 (b)
14(2) or (c).
AB100-engrossed,1587,2016
166.20
(5) (a) 5. The reporting procedures for trade secrets under
42 USC 11042 17shall apply to all facilities in this state subject to the requirements under subd. 1.,
183. or 4. For the purposes of applying this subdivision to public agencies and private
19agencies, the
board division shall have the powers and duties granted to the
20administrator of the U.S. environmental protection agency under
42 USC 11042.
AB100-engrossed,1587,2422
166.20
(5m) Furnishing information. If the
board division or a committee
23requests, in writing, information relating to the federal act or to this section, a facility
24shall furnish the information in the manner requested.
AB100-engrossed,1588,3
1166.20
(7) (a) (intro.) The board shall establish, by rule, the following fees at
2levels designed to fund the board's administrative expenses and the grants under s.
3166.21
and to repay the amount expended under s. 20.465 (3) (d):
AB100-engrossed, s. 3117bg
4Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
5Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,1588,86
166.20
(7) (a) (intro.) The division shall establish, by rule, the following fees at
7levels designed to fund the division's administrative expenses and the grants under
8s. 166.21:
AB100-engrossed,1588,1410
166.20
(7) (b) The operator of a facility subject to the requirements of sub. (5)
11(a) 1. or 3. shall pay the fees under par. (a). The
board division may establish, by rule,
12a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
13under par. (a) in a timely manner. The surcharge under this paragraph shall not
14exceed 20% of the original fee.
AB100-engrossed,1588,1916
166.20
(7g) (a) The
board division shall establish, by rule, fees to be paid
17annually to the department of transportation by persons that are required to file
18hazardous materials transportation registration statements with the federal
19department of transportation under 49 USC Appendix 1805 (c).
AB100-engrossed,1588,2221
166.20
(7g) (e) The
board division may, by rule, establish exemptions from the
22fees under par. (a).
AB100-engrossed,1589,524
166.20
(7m) (a) An authorized inspector of the
board division or the committee
25for the county in which a facility is located may enter and inspect any facility or any
1pertinent record relating to the facility at any reasonable time for the purpose of
2determining whether the facility is complying with this section and rules
3promulgated under this section. The
board division or committee, if requested, shall
4furnish to the operator of the facility a report setting forth all facts found which relate
5to compliance with this section and rules promulgated under this section.
AB100-engrossed,1589,107
166.20
(7m) (b) The
board division shall promulgate rules to specify how the
8board division or a committee may authorize inspectors for the purposes of par. (a).
9The rules shall include requirements for experience or training of individuals
10authorized to conduct inspections.
AB100-engrossed,1589,1812
166.20
(8) (a) The department of justice, at its own discretion or at the request
13of the
board division or the committee or district attorney for the county in which the
14violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
15promulgated under subs. (2) to (7). In any action commenced under this paragraph,
16the department of justice may request the assistance of the district attorney for the
17county in which the violation is alleged to have occurred and the district attorney
18shall provide the requested assistance.
AB100-engrossed,1589,2220
166.20
(9) (a) 1. c. The
board division for failure to render a decision in response
21to a petition under
42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
22after receipt of the petition.
AB100-engrossed,1590,3
1166.20
(9) (a) 1. d. The
board division for failure to provide a mechanism for
2public availability of information in accordance with
42 USC 11044 (a), as applied
3under sub. (2) (a).
AB100-engrossed,1590,65
166.20
(9) (a) 1. e. The
board division for failure to respond to a request for
6information under
42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-engrossed,1590,98
166.20
(9) (a) 2. (intro.) The
board
division or any county, city, village or town
9may commence a civil action against any person for failure to do any of the following:
AB100-engrossed,1590,1211
166.20
(9) (a) 2. a. Provide notification to the
board division under
42 USC
1211002 (c), as applied under sub. (5) (a) 1.
AB100-engrossed,1590,1714
166.20
(9) (a) 3. The
board division or any committee may commence an action
15against any person for failure to provide the information required under
42 USC
1611003 (d), as applied under sub. (5) (a) 1. or any information required under
42 USC
1711022 (e) (1), as applied under sub. (5) (a) 3.
AB100-engrossed,1590,2119
166.20
(9) (b) 1. (intro.) No action may be commenced against any person other
20than the
board division under this subsection under any of the following
21circumstances:
AB100-engrossed,1590,2423
166.20
(9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave
24notice of the alleged violation to the
board division and to the alleged violator.
AB100-engrossed,1591,3
1166.20
(9) (b) 2. No action may be commenced against the
board division under
2this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of
3the action to the
board division.
AB100-engrossed,1591,105
166.20
(11) (dg) Except as provided in this paragraph, any person who
6negligently makes a false statement or representation in any document provided by
7the operator of a facility or required to be maintained by the operator of a facility
8under the federal act, this section or rules promulgated under this section shall
9forfeit not less than $100 nor more than $25,000. This penalty does not apply to the
10board division, a committee or a member of the
board division or a committee.
AB100-engrossed,1591,1412
166.21
(1) (b) Any committee may apply annually to the
board division for an
13emergency planning grant. Applications shall be made in the manner specified by
14the
board division.
AB100-engrossed,1591,2117
166.21
(2) (br) Subject to sub. (2m),
for grant applications submitted during the
18period after May 31, 1995, and before September 1, 1997, 80% of the costs of
19computers and emergency response equipment, but not to exceed $10,000. In-kind
20contributions may be used to meet the committee's contribution under this
21paragraph.
AB100-engrossed,1591,2423
166.21
(2) (e) The portion of a previous year's costs that was approved by the
24board division but not paid because of insufficient funds.
AB100-engrossed,1592,4
1166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
2under sub. (2)
(bm) (br) for emergency response equipment only if it submits to the
3board a strategic plan for emergency response to hazardous substance releases that
4includes all of the following:
AB100-engrossed, s. 3117kc
5Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997
6Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,1592,107
166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
8under sub. (2) (br) for emergency response equipment only if it submits to the division
9a strategic plan for emergency response to hazardous substance releases that
10includes all of the following:
AB100-engrossed,1592,1312
166.21
(3) (a) 1. The costs of each new facility plan completed by the committee
13and approved by the
board division in the period covered by the grant.
AB100-engrossed,1592,1615
166.21
(3) (a) 3. The portion of a previous year's costs that was approved by the
16board division but not paid because of insufficient funds.
AB100-engrossed,1592,2118
166.21
(3) (b) The
board division shall reduce the grant amount calculated
19under par. (a) by the amount of any other gifts or grants received by the committee
20in the period covered by the grant for costs incurred by the committee related to sub.
21(2).
AB100-engrossed,1593,223
166.21
(3) (c) Notwithstanding sub. (2), the
board division shall deny that
24portion of a grant calculated under par. (a) 2. if the
board division determines that
25the committee has failed to meet grant obligations, including the development,
1review, exercise or implementation of local emergency response plans as required
2under s. 166.20 or the federal act.
AB100-engrossed,1593,54
166.21
(3) (e) Annually, the
board
division shall establish a formula to
5determine the amount of emergency planning grant funds available to each county.
AB100-engrossed,1593,127
166.21
(4) Payment of grants. Annually, the
board division shall review all
8applications received under this section and make grants to committees from the
9appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to
10pay all approved grants, the
board division shall prorate the available funds among
11the eligible applicants in proportion to the approved grant amounts. A prorated
12payment shall be deemed full payment of the grant.
AB100-engrossed,1593,1814
166.21
(5) Payment in advance. (a) The
board division may pay a portion of a
15grant before the end of the period covered by the grant if a committee requests the
16advance payment and if the
board division determines that the necessary funds are
17available and that the advance payment will not result in insufficient funds to pay
18other grants.
AB100-engrossed,1593,2419
(b) The
board division may pay an amount up to 50% of anticipated eligible
20costs covered by a grant up to 12 months before the end of the period covered by the
21grant. The
board division may pay an additional amount up to 25% of anticipated
22eligible costs up to 6 months before the end of the period covered by the grant. The
23board division shall determine anticipated eligible costs from a budget submitted by
24the committee at the time that the committee requests payment in advance.
AB100-engrossed,1594,4
1(c) If a committee receives advance payments under this subsection which
2exceed the total grant amount calculated under sub. (3), the
board division shall
3subtract the amount of the overpayment from the amount of a grant paid to that
4committee in the next year that the committee receives a grant.
AB100-engrossed,1594,176
166.215
(1) The board shall contract with no fewer than 7 and no more than
79 regional emergency response teams, each of which will assist in the emergency
8response to level A releases in a region of this state designated by the board. The
9board shall contract with at least one regional emergency response team in each area
10designated under s. 166.03 (2) (b) 1. The board may only contract with a local agency,
11as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
12emergency response team shall meet the standards for a hazardous materials
13specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association
14standards NFPA 471 and 472.
A contract under this subsection may provide for
15payments to the regional emergency response team in addition to the reimbursement
16provided in sub. (2). Payments to regional emergency response teams under this
17subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
AB100-engrossed, s. 3117mc
18Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin Act
19.... (this act), is repealed and recreated to read: