LRBs0073/1
RCT:cjs&wlj:rs
2003 - 2004 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 228
September 23, 2003 - Offered by Senators Erpenbach and Hansen.
AB228-SSA1,1,5 1An Act to create 299.83 of the statutes; relating to: environmental compliance
2audits, environmental management systems, providing incentives for
3improving environmental performance, providing immunity from civil
4penalties for certain violations of environmental requirements, access to
5certain information, granting rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB228-SSA1, s. 1 6Section 1. 299.83 of the statutes is created to read:
AB228-SSA1,1,7 7299.83 Environmental Results Program. (1) Definitions. In this section:
AB228-SSA1,1,98 (a) "Covered facility or activity" means a facility or activity that is included, or
9intended to be included, in the program.
AB228-SSA1,2,210 (b) "Environmental management system" means an organized set of
11procedures to evaluate environmental performance and to achieve measurable or

1noticeable improvements in that environmental performance through planning and
2changes in operations.
AB228-SSA1,2,73 (bm) "Environmental management system audit" means a review, of an
4environmental management system, that is conducted in accordance with standards
5and guidelines issued by the International Organization for Standardization and the
6results of which are documented and are communicated to employees of the entity
7whose environmental management system is reviewed.
AB228-SSA1,2,108 (c) "Environmental performance," unless otherwise qualified, means the
9effects, whether regulated under chs. 29 to 31, 160, and 280 to 299 or unregulated,
10of a facility or activity on air, water, land, natural resources, and human health.
AB228-SSA1,2,1311 (d) "Environmental requirement" means a requirement in chs. 29 to 31, 160,
12or 280 to 299, a rule promulgated under one of those chapters, or a permit, license,
13other approval, or order issued by the department under one of those chapters.
AB228-SSA1,2,1714 (dg) "Functionally equivalent environmental management system" means an
15environmental management system that includes all of the following elements and
16any other elements that the department determines are essential elements of
17International Organization for Standardization standard 14001:
AB228-SSA1,2,2018 1. Adoption of an environmental policy that includes a commitment to
19compliance with environmental requirements, pollution prevention, and continual
20improvement in environmental performance.
AB228-SSA1,2,2221 2. An analysis of the environmental aspects and impacts of an entity's
22activities.
AB228-SSA1,2,2423 3. Plans and procedures to achieve compliance with environmental
24requirements and to maintain that compliance.
AB228-SSA1,2,2525 4. Identification of all environmental requirements applicable to the entity.
AB228-SSA1,3,2
15. A process for setting environmental objectives and developing appropriate
2action plans to meet the objectives.
AB228-SSA1,3,43 6. Establishment of a structure for operational control and responsibility for
4environmental performance.
AB228-SSA1,3,65 7. An employee training program to develop awareness of and competence to
6manage environmental issues.
AB228-SSA1,3,87 8. A plan for taking actions to prevent environmental problems and for taking
8emergency response and corrective actions when environmental problems occur.
AB228-SSA1,3,119 9. A communication plan for collaboration with employees, the public, and the
10department on the design of projects and activities to achieve continuous
11improvement in environmental performance.
AB228-SSA1,3,1312 10. Procedures for control of documents and for keeping records related to
13environmental performance.
AB228-SSA1,3,1414 11. Environmental management system audits.
AB228-SSA1,3,1615 12. A plan for continually improving environmental performance and provision
16for senior management review of the plan.
AB228-SSA1,3,2017 (dr) "Outside environmental auditor" means an auditor who is functionally or
18administratively independent of the facility or activity being audited, but who may
19be employed by the entity that owns the facility being audited or that owns the unit
20that conducts the activity being audited.
AB228-SSA1,3,2521 (e) "Participation contract" means a contract entered into by the department
22and a participant in tier II of the program, and that may, with the approval of the
23department, be signed by other interested parties, that specifies the participant's
24commitment to superior environmental performance and the incentives to be
25provided to the participant.
AB228-SSA1,4,1
1(f) "Program" means the Environmental Results Program under this section.
AB228-SSA1,4,62 (g) "Superior environmental performance" means environmental performance
3that results in measurable or discernible improvement in the quality of the air,
4water, land, or natural resources, or in the protection of the environment, beyond
5that which is achieved under environmental requirements and that may be achieved
6in ways that include all of the following:
AB228-SSA1,4,117 1. Limiting the discharges or emissions of pollutants from, or in some other way
8minimizing the negative effects on air, water, land, natural resources, or human
9health of, a facility that is owned or operated by an entity or an activity that is
10performed by the entity to an extent that is greater than is required by applicable
11environmental requirements.
AB228-SSA1,4,1512 2. Minimizing the negative effects on air, water, land, natural resources, or
13human health of the raw materials used by an entity or of the products or services
14produced or provided by the entity to an extent that is greater than is required by
15applicable environmental requirements.
AB228-SSA1,4,1616 3. Voluntarily engaging in restoring or preserving natural resources.
AB228-SSA1,4,1817 4. Helping other entities to comply with environmental requirements or to
18accomplish the results described in subd. 1. or 2.
AB228-SSA1,4,2019 5. Organizing uncoordinated entities that produce environmental harm into a
20program that reduces that harm.
AB228-SSA1,4,2221 6. Reducing waste or the use or production of hazardous substances in the
22design, production, delivery, use, or reuse of goods or services.
AB228-SSA1,4,2323 7. Conserving energy or nonrenewable natural resources.
AB228-SSA1,4,2524 8. Reducing the use of renewable natural resources through increased
25efficiency.
AB228-SSA1,5,2
19. Adopting methods that reduce the depletion of, or long-term damage to,
2renewable natural resources.
AB228-SSA1,5,33 (h) "Violation" means a violation of an environmental requirement.
AB228-SSA1,5,5 4(1m) Administration of program. In administering the program, the
5department shall attempt to do all of the following:
AB228-SSA1,5,76 (a) Promote, reward, and sustain superior environmental performance by
7participants.
AB228-SSA1,5,108 (b) Promote environmental performance that voluntarily exceeds legal
9requirements related to health, safety, and the environment and that results in
10continuous improvement in this state's environment, economy, and quality of life.
AB228-SSA1,5,1211 (c) Provide clear incentives for participation that will result in real benefits to
12participants.
AB228-SSA1,5,1613 (d) Promote attention to unregulated environmental problems and provide
14opportunities for conservation of resources and environmental restoration by
15entities that are subject to environmental requirements and entities that are not
16subject to environmental requirements.
AB228-SSA1,5,1817 (e) Make the program compatible with federal programs that create incentives
18for achieving environmental performance that exceeds legal requirements.
AB228-SSA1,5,2119 (f) Increase levels of trust, communication, and accountability among
20regulatory agencies, entities that are subject to environmental requirements, and
21the public.
AB228-SSA1,5,2522 (g) Reduce the time and money spent by regulatory agencies and entities that
23are subject to environmental requirements on tasks that do not benefit the
24environment by focusing on more efficient performance of necessary tasks and
25eliminating unnecessary tasks.
AB228-SSA1,6,3
1(h) Report information concerning environmental performance and data
2concerning ambient environmental quality to the public in a manner that is accurate,
3timely, credible, relevant, and useable to interested persons.
AB228-SSA1,6,54 (i) Provide for the measurement of environmental performance in terms of
5accomplishing goals and require the reporting of the results.
AB228-SSA1,6,86 (j) Implement an evaluation system that provides flexibility and affords some
7protection for experimentation by participants that use innovative techniques to try
8to achieve superior environmental performance.
AB228-SSA1,6,99 (k) Remove disincentives to achieving superior environmental performance.
AB228-SSA1,6,1110 (L) Provide for sustained business success as well as a reduction in
11environmental pollution.
AB228-SSA1,6,1312 (m) Promote the transfer of technological and practical innovations that
13improve environmental performance in an efficient, effective, or safe manner.
AB228-SSA1,6,1514 (n) Lower the administrative costs associated with environmental
15requirements and with achieving superior environmental performance.
AB228-SSA1,6,20 16(3) Eligibility for tier i. (a) General. An applicant is eligible for tier I of the
17program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
18consists of a group of entities, each requirement in pars. (b) to (d) applies to each
19entity in the group. An applicant for tier I of the program shall identify the facilities
20or activities that it intends to include in the program.
AB228-SSA1,6,2221 (b) Enforcement record. To be eligible to participate in tier I of the program, an
22applicant shall demonstrate all of the following:
AB228-SSA1,7,323 1. That, within 60 months before the date of application, no judgment of
24conviction was entered against the applicant, any managing operator of the
25applicant, or any person with a 25% or more ownership interest in the applicant for

1a criminal violation involving a covered facility or activity that resulted in
2substantial harm to public health or the environment or that presented an imminent
3threat to public health or the environment.
AB228-SSA1,7,84 2. That, within 36 months before the date of application, no civil judgment was
5entered against the applicant, any managing operator of the applicant, or any person
6with a 25% or more ownership interest in the applicant for a violation involving a
7covered facility or activity that resulted in substantial harm to public health or the
8environment.
AB228-SSA1,7,139 3. That, within 24 months before the date of application, the department of
10justice has not filed a suit to enforce an environmental requirement, and the
11department of natural resources has not issued a citation to enforce an
12environmental requirement, because of a violation involving a covered facility or
13activity.
AB228-SSA1,7,1514 (c) Environmental performance. To be eligible to participate in tier I of the
15program, an applicant shall submit an application that describes all of the following:
AB228-SSA1,7,1716 1. The applicant's past environmental performance with respect to each
17covered facility or activity.
AB228-SSA1,7,1918 2. The applicant's current environmental performance with respect to each
19covered facility or activity.
AB228-SSA1,7,2220 3. The applicant's plans for activities that enhance the environment, such as
21improving the applicant's environmental performance with respect to each covered
22facility or activity.
AB228-SSA1,7,2423 (d) Environmental management system. To be eligible to participate in tier I
24of the program, an applicant shall do all of the following:
AB228-SSA1,8,3
11. Demonstrate that it has implemented, or commit itself to implementing
2within one year of application, an environmental management system, for each
3covered facility or activity, that is all of the following:
AB228-SSA1,8,64 a. In compliance with the standards for environmental management systems
5issued by the International Organization for Standardization or determined by the
6department to be a functionally equivalent environmental management system.
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