Amendment SSA1-AB228

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 An Act to create 299.83 of the statutes; relating to: environmental compliance audits, environmental management systems, providing incentives for improving environmental performance, providing immunity from civil penalties for certain violations of environmental requirements, access to certain 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 Section 1. 299.83 of the statutes is created to read:

AB228-SSA1,1,7 299.83 Environmental Results Program. (1) Definitions. In this section:

AB228-SSA1,1,9 (a) "Covered facility or activity" means a facility or activity that is included, or intended to be included, in the program.

AB228-SSA1,2,2 (b) "Environmental management system" means an organized set of procedures to evaluate environmental performance and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in operations.

AB228-SSA1,2,7 (bm) "Environmental management system audit" means a review, of an environmental management system, that is conducted in accordance with standards and guidelines issued by the International Organization for Standardization and the results of which are documented and are communicated to employees of the entity whose environmental management system is reviewed.

AB228-SSA1,2,10 (c) "Environmental performance," unless otherwise qualified, means the effects, whether regulated under chs. 29 to 31, 160, and 280 to 299 or unregulated, of a facility or activity on air, water, land, natural resources, and human health.

AB228-SSA1,2,13 (d) "Environmental requirement" means a requirement in chs. 29 to 31, 160, or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.

AB228-SSA1,2,17 (dg) "Functionally equivalent environmental management system" means an environmental management system that includes all of the following elements and any other elements that the department determines are essential elements of International Organization for Standardization standard 14001:

AB228-SSA1,2,20 1. Adoption of an environmental policy that includes a commitment to compliance with environmental requirements, pollution prevention, and continual improvement in environmental performance.

AB228-SSA1,2,22 2. An analysis of the environmental aspects and impacts of an entity's activities.

AB228-SSA1,2,24 3. Plans and procedures to achieve compliance with environmental requirements and to maintain that compliance.

AB228-SSA1,2,25 4. Identification of all environmental requirements applicable to the entity.

AB228-SSA1,3,2 5. A process for setting environmental objectives and developing appropriate action plans to meet the objectives.

AB228-SSA1,3,4 6. Establishment of a structure for operational control and responsibility for environmental performance.

AB228-SSA1,3,6 7. An employee training program to develop awareness of and competence to manage environmental issues.

AB228-SSA1,3,8 8. A plan for taking actions to prevent environmental problems and for taking emergency response and corrective actions when environmental problems occur.

AB228-SSA1,3,11 9. A communication plan for collaboration with employees, the public, and the department on the design of projects and activities to achieve continuous improvement in environmental performance.

AB228-SSA1,3,13 10. Procedures for control of documents and for keeping records related to environmental performance.

AB228-SSA1,3,14 11. Environmental management system audits.

AB228-SSA1,3,16 12. A plan for continually improving environmental performance and provision for senior management review of the plan.

AB228-SSA1,3,20 (dr) "Outside environmental auditor" means an auditor who is functionally or administratively independent of the facility or activity being audited, but who may be employed by the entity that owns the facility being audited or that owns the unit that conducts the activity being audited.

AB228-SSA1,3,25 (e) "Participation contract" means a contract entered into by the department and a participant in tier II of the program, and that may, with the approval of the department, be signed by other interested parties, that specifies the participant's commitment to superior environmental performance and the incentives to be provided to the participant.

AB228-SSA1,4,1 (f) "Program" means the Environmental Results Program under this section.

AB228-SSA1,4,6 (g) "Superior environmental performance" means environmental performance that results in measurable or discernible improvement in the quality of the air, water, land, or natural resources, or in the protection of the environment, beyond that which is achieved under environmental requirements and that may be achieved in ways that include all of the following:

AB228-SSA1,4,11 1. Limiting the discharges or emissions of pollutants from, or in some other way minimizing the negative effects on air, water, land, natural resources, or human health of, a facility that is owned or operated by an entity or an activity that is performed by the entity to an extent that is greater than is required by applicable environmental requirements.

AB228-SSA1,4,15 2. Minimizing the negative effects on air, water, land, natural resources, or human health of the raw materials used by an entity or of the products or services produced or provided by the entity to an extent that is greater than is required by applicable environmental requirements.

AB228-SSA1,4,16 3. Voluntarily engaging in restoring or preserving natural resources.

AB228-SSA1,4,18 4. Helping other entities to comply with environmental requirements or to accomplish the results described in subd. 1. or 2.

AB228-SSA1,4,20 5. Organizing uncoordinated entities that produce environmental harm into a program that reduces that harm.

AB228-SSA1,4,22 6. Reducing waste or the use or production of hazardous substances in the design, production, delivery, use, or reuse of goods or services.

AB228-SSA1,4,23 7. Conserving energy or nonrenewable natural resources.

AB228-SSA1,4,25 8. Reducing the use of renewable natural resources through increased efficiency.

AB228-SSA1,5,2 9. Adopting methods that reduce the depletion of, or long-term damage to, renewable natural resources.

AB228-SSA1,5,3 (h) "Violation" means a violation of an environmental requirement.

AB228-SSA1,5,5 (1m) Administration of program. In administering the program, the department shall attempt to do all of the following:

AB228-SSA1,5,7 (a) Promote, reward, and sustain superior environmental performance by participants.

AB228-SSA1,5,10 (b) Promote environmental performance that voluntarily exceeds legal requirements related to health, safety, and the environment and that results in continuous improvement in this state's environment, economy, and quality of life.

AB228-SSA1,5,12 (c) Provide clear incentives for participation that will result in real benefits to participants.

AB228-SSA1,5,16 (d) Promote attention to unregulated environmental problems and provide opportunities for conservation of resources and environmental restoration by entities that are subject to environmental requirements and entities that are not subject to environmental requirements.

AB228-SSA1,5,18 (e) Make the program compatible with federal programs that create incentives for achieving environmental performance that exceeds legal requirements.

AB228-SSA1,5,21 (f) Increase levels of trust, communication, and accountability among regulatory agencies, entities that are subject to environmental requirements, and the public.

AB228-SSA1,5,25 (g) Reduce the time and money spent by regulatory agencies and entities that are subject to environmental requirements on tasks that do not benefit the environment by focusing on more efficient performance of necessary tasks and eliminating unnecessary tasks.

AB228-SSA1,6,3 (h) Report information concerning environmental performance and data concerning ambient environmental quality to the public in a manner that is accurate, timely, credible, relevant, and useable to interested persons.

AB228-SSA1,6,5 (i) Provide for the measurement of environmental performance in terms of accomplishing goals and require the reporting of the results.

AB228-SSA1,6,8 (j) Implement an evaluation system that provides flexibility and affords some protection for experimentation by participants that use innovative techniques to try to achieve superior environmental performance.

AB228-SSA1,6,9 (k) Remove disincentives to achieving superior environmental performance.

AB228-SSA1,6,11 (L) Provide for sustained business success as well as a reduction in environmental pollution.

AB228-SSA1,6,13 (m) Promote the transfer of technological and practical innovations that improve environmental performance in an efficient, effective, or safe manner.

AB228-SSA1,6,15 (n) Lower the administrative costs associated with environmental requirements and with achieving superior environmental performance.

AB228-SSA1,6,20 (3) Eligibility for tier i. (a) General. An applicant is eligible for tier I of the program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant consists of a group of entities, each requirement in pars. (b) to (d) applies to each entity in the group. An applicant for tier I of the program shall identify the facilities or activities that it intends to include in the program.

AB228-SSA1,6,22 (b) Enforcement record. To be eligible to participate in tier I of the program, an applicant shall demonstrate all of the following:

AB228-SSA1,7,3 1. That, within 60 months before the date of application, no judgment of conviction was entered against the applicant, any managing operator of the applicant, or any person with a 25% or more ownership interest in the applicant for a criminal violation involving a covered facility or activity that resulted in substantial harm to public health or the environment or that presented an imminent threat to public health or the environment.

AB228-SSA1,7,8 2. That, within 36 months before the date of application, no civil judgment was entered against the applicant, any managing operator of the applicant, or any person with a 25% or more ownership interest in the applicant for a violation involving a covered facility or activity that resulted in substantial harm to public health or the environment.

AB228-SSA1,7,13 3. That, within 24 months before the date of application, the department of justice has not filed a suit to enforce an environmental requirement, and the department of natural resources has not issued a citation to enforce an environmental requirement, because of a violation involving a covered facility or activity.

AB228-SSA1,7,15 (c) Environmental performance. To be eligible to participate in tier I of the program, an applicant shall submit an application that describes all of the following:

AB228-SSA1,7,17 1. The applicant's past environmental performance with respect to each covered facility or activity.

AB228-SSA1,7,19 2. The applicant's current environmental performance with respect to each covered facility or activity.

AB228-SSA1,7,22 3. The applicant's plans for activities that enhance the environment, such as improving the applicant's environmental performance with respect to each covered facility or activity.

AB228-SSA1,7,24 (d) Environmental management system. To be eligible to participate in tier I of the program, an applicant shall do all of the following:

AB228-SSA1,8,3 1. Demonstrate that it has implemented, or commit itself to implementing within one year of application, an environmental management system, for each covered facility or activity, that is all of the following:

AB228-SSA1,8,6 a. In compliance with the standards for environmental management systems issued by the International Organization for Standardization or determined by the department to be a functionally equivalent environmental management system.