Feed for /2009/related/acts/42 PDF
42,145 Section 145. 166.08 (7) of the statutes is renumbered 323.55 (1) and amended to read:
323.55 (1) Status and qualifications of designees. No person shall may be designated or serve as an emergency interim successor under this subchapter unless he or she is eligible under the constitution and statutes to hold the office to which powers and duties he or she is designated to succeed, but no constitutional or statutory provision prohibiting local or state officials from holding another office shall be applicable to an emergency interim successor.
42,146 Section 146. 166.08 (8) of the statutes is renumbered 323.55 (2) and amended to read:
323.55 (2) Formalities of taking office. Emergency interim Interim successors shall take such oath as may be any oath required for them to exercise the powers and discharge the duties of the office to which they may succeed. No person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.
42,147 Section 147. 166.08 (9) of the statutes is renumbered 323.55 (3) and amended to read:
323.55 (3) Period in during which authority may be exercised. Officials authorized to act as governor pursuant to this section and emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized An interim successor to an office may discharge the duties of the office only during the continuance of an emergency resulting from enemy action in the form of an attack. The legislature, by joint resolution, may at any time terminate the authority of said emergency an interim successors successor to exercise the powers and discharge the duties of office as herein provided in this subchapter.
42,148 Section 148. 166.08 (10) of the statutes is renumbered 323.55 (4) and amended to read:
323.55 (4) Removal of designees. Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this section, said subchapter, those persons shall serve in their designated capacities at the pleasure of the designating authority.
42,149 Section 149. 166.08 (11) of the statutes is renumbered 323.55 (5) and amended to read:
323.55 (5) Disputes. Any dispute concerning a question of fact arising under this section subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the office of governor, shall be adjudicated by the governor or other official authorized under the constitution or this section subchapter to exercise the powers and discharge the duties of the office of governor and his or her decision shall be final.
42,150 Section 150. 166.09 of the statutes is renumbered 323.44 and amended to read:
323.44 Public shelters; immunity from civil liability. (1) Any person owning or controlling real estate or other premises property who voluntarily and without compensation grants to the state or any of its political subdivisions a license or privilege, or otherwise permits the state or any of its political subdivisions to inspect, designate, and use the whole or any part thereof of the real property for the purpose of sheltering persons during an actual, impending, mock or practice attack shall, together with his or her successors in interest, if any, not be civilly liable a disaster, an imminent threat of a disaster, or a related training exercise is immune from civil liability for negligently causing the death of or injury to any person on or about such real estate or premises under such license, privilege or permission or for loss or damage to the real property of such person while it is being used to shelter persons during a disaster, an imminent threat of a disaster, or a related training exercise, if the owner or controller has complied with sub. (2).
(2) Any person owning or controlling real estate or other premises property who gratuitously grants the use thereof of that real property for the purposes stated in sub. (1) shall make known to the licensee any hidden dangers or safety hazards which are known to the owner or occupant of said the real estate or premises which property that might possibly result in death or injury or loss of property to any person making use thereof of the property.
42,151 Section 151. 166.10 (intro.) of the statutes is repealed.
42,152 Section 152. 166.10 (1) to (5) of the statutes are renumbered 16.61 (3) (d) 1. to 5.
42,153 Section 153. 166.15 (title) of the statutes is renumbered 895.065 (title).
42,154 Section 154. 166.15 (1) (intro.), (a), (b), (c) and (d) of the statutes are renumbered 895.065 (1) (intro.), (a), (b), (c) and (d).
42,155 Section 155. 166.15 (1) (e) of the statutes is renumbered 895.065 (1) (e), and 895.065 (1) (e) 6., as renumbered, is amended to read:
895.065 (1) (e) 6. Expenses incurred by an emergency provider in preparing for and responding to a nuclear incident which that are not reimbursed under s. 166.03 (1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7) or that are not paid by another state under a mutual aid agreement or by a gift or grant.
42,156 Section 156. 166.15 (1) (f) to (k), (2), (3), (4) and (5) of the statutes are renumbered 895.065 (1) (f) to (k), (2), (3), (4) and (5).
42,157 Section 157. 166.20 (title) of the statutes is renumbered 323.60 (title).
42,158 Section 158. 166.20 (1) (intro.) of the statutes is renumbered 323.60 (1) (intro.) and amended to read:
323.60 (1) Definitions. (intro.) In ss. 166.20 to 166.215 this subchapter:
42,159 Section 159. 166.20 (1) (b) and (c) of the statutes are renumbered 323.60 (1) (b) and (c).
42,160 Section 160. 166.20 (1) (d) of the statutes is renumbered 323.60 (1) (d) and amended to read:
323.60 (1) (d) "Facility plan" means a plan for response to the release of hazardous substances from a specific facility, prepared as a component of a local emergency response plan under sub. (5) (a) 1. and under 42 USC 11003.
42,161 Section 161. 166.20 (1) (e) and (f) of the statutes are renumbered 323.60 (1) (e) and (f).
42,162 Section 162. 166.20 (1) (fm) of the statutes is repealed.
42,163 Section 163. 166.20 (1) (g) of the statutes is renumbered 323.60 (1) (g).
42,164 Section 164. 166.20 (1) (ge) of the statutes is renumbered 323.02 (11), and 323.02 (11) (d), as renumbered, is and amended to read:
323.02 (11) (d) Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under subds. 1. to 3. pars. (a) to (c) has not been established.
42,165 Section 165. 166.20 (1) (gi) of the statutes is renumbered 323.02 (12).
42,166 Section 166. 166.20 (1) (gk) of the statutes is renumbered 323.02 (13) and amended to read:
323.02 (13) "Local emergency response team" means a team that the local emergency planning committee identifies under s. 166.21 323.61 (2m) (e).
42,167 Section 167. 166.20 (1) (gm) of the statutes is repealed.
42,168 Section 168. 166.20 (1) (h) and (i) of the statutes are renumbered 323.60 (1) (h) and (i).
42,169 Section 169. 166.20 (1) (im) of the statutes is repealed.
42,170 Section 170. 166.20 (1) (j) of the statutes is renumbered 323.60 (1) (j), and 323.60 (1) (j) (intro.), 1. and 2., as renumbered, are amended to read:
323.60 (1) (j) (intro.) "Threshold quantity" means a designated quantity of any of the following:
1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 3.; or (c).
2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 4. (d).
42,171 Section 171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).
42,172 Section 172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.) and amended to read:
323.60 (2) Duties of the division. (intro.) The division shall do all of the following:
42,173 Section 173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and amended to read:
323.60 (2) (a) Carry out all requirements of a Serve as the state emergency response commission under the federal act.
42,174 Section 174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).
42,175 Section 175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and amended to read:
323.60 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 323.61 (2) (br).
42,176 Section 176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and amended to read:
323.70 (7) (a) Promulgate The division shall promulgate rules establishing standards to determine all of the following:
1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4).
2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the emergency.
42,177 Section 177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and amended to read:
323.70 (7) (b) Promulgate The division shall promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.
42,178 Section 178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and amended to read:
323.70 (7) (c) Promulgate The division shall promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in s. 299.01 (6).
42,179 Section 179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).
42,180 Section 180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and amended to read:
323.60 (2) (d) Administer the grant program under s. 166.21 323.61.
42,181 Section 181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).
42,182 Section 182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).
42,183 Section 183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.) and amended to read:
323.60 (3) Duties of committees. (intro.) A committee shall do all of the following:
42,184 Section 184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).
42,185 Section 185. 166.20 (3) (b) of the statutes is renumbered 323.60 (3) (b) and amended to read:
323.60 (3) (b) Upon receipt by the committee or the committee's designated community emergency coordinator of a notification under sub. (5) (a) 2. (b) of the release of a hazardous substance, take all actions necessary to ensure the implementation of the local emergency response plan.
42,186 Section 186. 166.20 (3) (c) of the statutes is renumbered 323.60 (3) (c) and amended to read:
323.60 (3) (c) Consult and coordinate with the county board, the county and local heads of emergency management services designated under s. 166.03 (4) (a) or (b) 323.14 (1) (a) 2. or (b) 2. and the county emergency management committee designated under s. 166.03 (4) (c) 323.14 (1) (a) 3. in the execution of the local emergency planning committee's duties under this section.
42,187 Section 187. 166.20 (4) of the statutes is renumbered 323.60 (4), and 323.60 (4) (a) and (c), as renumbered, are amended to read:
323.60 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. (b) or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the division.
(c) Use the information contained in toxic chemical release forms submitted under sub. (5) (a) 4. (d) in the planning and implementation of programs related to the regulation, monitoring, abatement and mitigation of environmental pollution.
42,188 Section 188. 166.20 (4m) of the statutes is renumbered 323.60 (4m) and amended to read:
323.60 (4m) Cooperation. A state agency, federally recognized American Indian tribe or band, or local governmental unit may assist the division or a committee in the performance of its duties under this section and may enter into an agreement with the division or a committee.
42,189 Section 189. 166.20 (5) (title) of the statutes is renumbered 323.60 (5) (title).
42,190 Section 190. 166.20 (5) (a) 1., 2. and 3. of the statutes are renumbered 323.60 (5) (a), (b) and (c).
42,191 Section 191. 166.20 (5) (a) 4., 5. and 6. of the statutes are renumbered 323.60 (5) (d), (e) and (f), and 323.60 (5) (d) 3., (e) and (f), as renumbered, are amended to read:
323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subd. 4. c. subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in s. 293.01 (7), minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).
(e) 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. par. (a), (c), or (d). For the purposes of applying this subdivision paragraph to public agencies and private agencies, the division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under 42 USC 11042.
(f) All facilities in this state subject to the requirements under subd. 3. or 4. par. (c) or (d) shall comply with the procedures for providing information under 42 USC 11043.
42,192 Section 192. 166.20 (5) (b) of the statutes is repealed.
42,193 Section 193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m) and (6).
42,194 Section 194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).
42,195 Section 195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a) (intro.) and amended to read:
323.60 (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. 166.21 323.61:
42,196 Section 196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and amended to read:
323.60 (7) (a) 1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under sub. (5) (a) 1.
42,197 Section 197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and amended to read:
323.60 (7) (a) 2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under sub. (5) (a) 3. (c).
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