March 18, 2009 - Introduced by Senators Miller, Kedzie, Harsdorf, Holperin,
Cowles, Lehman, Risser, Plale, Taylor, Schultz, Erpenbach, Olsen
and
Lassa, cosponsored by Representatives Clark, Tauchen, Hebl, Berceau, Roys,
Smith, Townsend, A. Ott, Molepske Jr., Richards, Pope-Roberts, Sinicki,
Lothian, Bernard Schaber, Jorgensen, Ripp
and Parisi. Referred to
Committee on Environment.
SB126,2,2 1An Act to repeal 299.80 (16) (b), 299.83 (3) (d) 1. b., 299.83 (5) (c) 1. b., 299.83
2(11) and 299.85 (11); to renumber and amend 299.80 (16) (a) and 299.85 (2)
3(f); to consolidate, renumber and amend 299.83 (3) (d) 1. (intro.) and a. and
4299.83 (5) (c) 1. (intro.) and a.; to amend 299.83 (title), 299.83 (1) (dg.) (intro.),
5299.83 (1) (dg.) 1., 299.83 (1) (dg.) 3., 299.83 (1) (dg.) 7., 299.83 (1) (f), 299.83 (3)
6(e), 299.83 (4) (c), 299.83 (4m) (d), 299.83 (5) (e), 299.83 (6) (a) 1., 299.83 (6) (j),
7299.83 (6) (k), 299.83 (6m) (b) 1., 299.83 (6m) (b) 2. (intro.), 299.83 (6m) (c),
8299.83 (6m) (d) 1. a., 299.83 (6m) (d) 2. b., 299.83 (7e) (a), 299.83 (7m), 299.83
9(8) (h), 299.85 (title), 299.85 (2) (intro.), 299.85 (3) (intro.), 299.85 (4), 299.85 (6)
10(b) (intro.), 299.85 (7) (a) 1. and 2., 299.85 (8) (intro.) and 299.85 (9m) (intro.);
11and to create 299.83 (1) (dg.) 5m., 299.83 (1) (dg.) 10g., 299.83 (1) (dg.) 10r.,
12299.83 (6) (L) and 299.83 (6m) (am) of the statutes; relating to: changes to and
13extension of the Environmental Results Program, extension of the
14Environmental Improvement Program and the length of a compliance schedule

1under that program, and reporting requirements for certain environmental
2programs.
Analysis by the Legislative Reference Bureau
Environmental Results Program
Under current law, the Department of Natural Resources (DNR) administers
the Environmental Results Program (ERP, also called Green Tier) under which
qualified participants agree to improve their environmental performance and
implement environmental management systems in return for incentives provided by
DNR. There are two tiers of participation in ERP. A participant in tier II enters into
a participation contract with DNR that sets forth the commitments of the participant
and the incentives that DNR will provide. This bill makes various changes in ERP.
Under current law, DNR may not approve any application for participation in
ERP after July 1, 2009. This bill eliminates that restriction.
Under current law, certain environmental enforcement actions taken against
an entity disqualify the entity from acceptance into ERP for a specified period. The
act that created ERP, in 2004, gave the secretary of natural resources temporary
authority to waive the provisions concerning an entity's environmental enforcement
record if the secretary determined that the waiver was consistent with the purposes
of ERP and that the waiver would not erode public confidence in the integrity of ERP.
The waiver authority expired at the end of 2006. This bill allows the secretary of
natural resources to waive the provisions concerning an entity's environmental
enforcement record based on the same criteria as under former law. The bill does not
contain a termination date for the waiver authority.
Current law requires participants in ERP to conduct annual audits of their
environmental management systems and, for participants in tier II, annual audits
of their compliance with environmental laws and to report the results of those audits
to DNR. Under the law, if an audit reveals a violation of an environmental law, the
participant must provide information about the violation to DNR. If a participant
complies with these requirements and corrects the violation within a specified
period, the participant is generally exempt from paying a forfeiture (civil monetary
penalty) for the violation.
This bill authorizes a participant in ERP to report to DNR a violation of an
environmental law that it discovers, other than through an annual audit. If the
participant reports within 30 days of discovering the violation, provides required
information about the violation, and corrects the violation within a specified period,
the participant is generally exempt from paying a forfeiture (civil monetary penalty)
for the violation.
Currently under ERP, a participant is required to correct a violation within 90
days unless DNR approves a longer compliance schedule. The law prohibits DNR
from approving a compliance schedule that is more than 12 months long. This bill
authorizes DNR to approve a longer compliance schedule if the secretary of natural
resources determines that a longer schedule is necessary.

Currently, DNR administers the Environmental Cooperation Pilot Program
under which DNR was authorized, before October 1, 2002, to enter into not more than
ten cooperative agreements with persons subject to environmental laws. The term
of an agreement is five years with the possibility of one renewal for five years. In a
cooperative agreement, a participant in the program is required to implement an
environmental management system and to improve its environmental performance.
In return, DNR may grant operational flexibility and, under specified circumstances,
provide variances from requirements under environmental laws.
This bill provides a process under which a participant in the Environmental
Cooperation Pilot Program may become a participant in tier II of ERP, using the
cooperative agreement under the pilot program as a basis for a participation contract
under ERP.
Currently, under ERP, DNR may issue an environmental results charter to an
association of entities to assist the entities to participate in tier I or tier II and to
achieve improvements in the quality of the air, water, or other natural resources
beyond that achieved through compliance with environmental laws (superior
environmental performance). Under this bill, DNR may issue a charter to an
association of entities to assist the entities to participate in tier I or tier II or to take
actions that may lead to superior environmental performance.
The bill makes some changes in the required characteristics of an
environmental management system and gives an applicant for tier I of ERP one year
from the date that DNR approves its application, rather than one year from the date
of application, to implement an environmental management system that complies
with the law's requirements. The bill also changes the name of ERP to the Green Tier
Program.
Environmental Improvement Program
The Environmental Improvement Program (EIP), administered by DNR, limits
to $500 the amount of a forfeiture (civil monetary penalty) that a qualifying entity
can be required to pay because of a violation of an environmental law if the entity
discovers the violation through an environmental compliance audit, reports the
violation to DNR, and corrects the violation within a specified time. Current law
sunsets the EIP on July 1, 2009.
This bill eliminates the sunset of EIP.
Currently, an entity does not qualify for EIP if within two years before it
submits the environmental compliance audit the Department of Justice (DOJ) filed
suit against the entity to enforce an environmental requirement or DNR or a local
government issued a citation to the entity to enforce an environmental requirement.
This bill eliminates the automatic disqualification provision. Instead, under
the bill, DNR must consider whether DOJ filed a suit against an entity to enforce an
environmental requirement within two years before the entity notifies DNR that it
will conduct an environmental compliance audit. If DNR determines that, because
of the nature of the violation involved in a suit, the entity's participation would
damage the integrity of EIP, DNR must notify the entity that it is not eligible for
participation.

Currently under EIP, a qualifying entity is required to correct a violation within
90 days unless DNR approves a longer compliance schedule. The law prohibits DNR
from approving a compliance schedule that is more than 12 months long. This bill
authorizes DNR to approve a longer compliance schedule if the secretary of natural
resources determines that a longer schedule is necessary. The bill also changes the
name of EIP to the Environmental Compliance Audit Program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB126, s. 1 1Section 1. 299.80 (16) (a) of the statutes is renumbered 299.80 (16) and
2amended to read:
SB126,4,83 299.80 (16) Beginning not later than November 1, 1998, the secretary of
4natural resources
Every even-numbered year, no later than December 15, the
5department
shall submit an annual a progress report on the program under this
6section to the governor and, under s. 13.172 (3), the standing committees of the
7legislature with jurisdiction over environmental matters. This subsection does not
8apply after December 31, 2012.
SB126, s. 2 9Section 2. 299.80 (16) (b) of the statutes is repealed.
SB126, s. 3 10Section 3. 299.83 (title) of the statutes is amended to read:
SB126,4,11 11299.83 (title) Environmental Results Green Tier Program.
SB126, s. 4 12Section 4. 299.83 (1) (dg.) (intro.) of the statutes is amended to read:
SB126,4,1813 299.83 (1) (dg.) (intro.) "Functionally equivalent environmental management
14system" means an environmental management system that is appropriate to the
15nature, scale, and environmental impacts of an entity's activities, products, and
16services and
that includes all of the following elements and any other elements that
17the department determines are essential elements of International Organization for
18Standardization standard 14001:
SB126, s. 5 19Section 5. 299.83 (1) (dg.) 1. of the statutes is amended to read:
SB126,5,4
1299.83 (1) (dg.) 1. Adoption of an environmental policy that includes a
2commitment to compliance with environmental requirements, pollution prevention,
3and continual improvement in environmental performance and that is available to
4the public
.
SB126, s. 6 5Section 6. 299.83 (1) (dg.) 3. of the statutes is amended to read:
SB126,5,86 299.83 (1) (dg.) 3. Plans Establishment and implementation of plans and
7procedures to achieve compliance with environmental requirements and to maintain
8that compliance.
SB126, s. 7 9Section 7. 299.83 (1) (dg.) 5m. of the statutes is created to read:
SB126,5,1210 299.83 (1) (dg.) 5m. Establishment, implementation, and maintenance of
11resources, roles, and responsibilities for establishing, implementing, maintaining,
12and improving the environmental management system.
SB126, s. 8 13Section 8. 299.83 (1) (dg.) 7. of the statutes is amended to read:
SB126,5,1614 299.83 (1) (dg.) 7. An Establishment, implementation, and maintenance of an
15employee training program to develop awareness of and competence to manage
16environmental issues.
SB126, s. 9 17Section 9. 299.83 (1) (dg.) 10g. of the statutes is created to read:
SB126,5,2018 299.83 (1) (dg.) 10g. Establishment, implementation, and maintenance of
19procedures to monitor and measure, on a regular basis, key characteristics of an
20entity's operations that can have a significant environmental impact.
SB126, s. 10 21Section 10. 299.83 (1) (dg.) 10r. of the statutes is created to read:
SB126,5,2422 299.83 (1) (dg.) 10r. Establishment, implementation, and maintenance of
23procedures for periodically evaluating compliance with applicable environmental
24requirements.
SB126, s. 11 25Section 11. 299.83 (1) (f) of the statutes is amended to read:
SB126,6,2
1299.83 (1) (f) "Program" means the Environmental Results Green Tier
2Program under this section.
SB126, s. 12 3Section 12. 299.83 (3) (d) 1. (intro.) and a. of the statutes are consolidated,
4renumbered 299.83 (3) (d) 1. and amended to read:
SB126,6,115 299.83 (3) (d) 1. Demonstrate that it has implemented, or commit itself to
6implementing within one year of the department's approval of its application, an
7environmental management system, for each covered facility or activity, that is all
8of the following: a. In
in compliance with the standards for environmental
9management systems issued by the International Organization for Standardization
10or determined by the department to be a functionally equivalent environmental
11management system.
SB126, s. 13 12Section 13. 299.83 (3) (d) 1. b. of the statutes is repealed.
SB126, s. 14 13Section 14. 299.83 (3) (e) of the statutes is amended to read:
SB126,6,2014 299.83 (3) (e) Waiver of enforcement record requirements. Before January 1,
152007, the
The secretary of natural resources may waive requirements in par. (b) 2.
16or 3. based on the request of an applicant. The department shall provide public notice
17of the request and shall provide at least 30 days for public comment on the request.
18The secretary may not grant a waiver under this paragraph unless he or she finds
19that the waiver is consistent with sub. (1m) and will not erode public confidence in
20the integrity of the program.
SB126, s. 15 21Section 15. 299.83 (4) (c) of the statutes is amended to read:
SB126,7,322 299.83 (4) (c) The department shall approve or deny an application within 60
23days after providing notice under par. (a) or, if the department holds a public
24informational meeting under par. (b), within 60 days after that meeting , unless the
25department and the applicant agree to a longer period
. The department may limit

1the number of participants in tier I of the program, or limit the extent of participation
2by a particular applicant, based on the department's determination that the
3limitation is in the best interest of the program.
SB126, s. 16 4Section 16. 299.83 (4m) (d) of the statutes is amended to read:
SB126,7,75 299.83 (4m) (d) A participant in tier I of the program may use an
6Environmental Results
a Green Tier Program logo selected by the department on
7written materials produced by the participant.
SB126, s. 17 8Section 17. 299.83 (5) (c) 1. (intro.) and a. of the statutes are consolidated,
9renumbered 299.83 (5) (c) 1. and amended to read:
SB126,7,1410 299.83 (5) (c) 1. Demonstrate that it has implemented an environmental
11management system, for each covered facility or activity, that is all of the following:
12a. In
in compliance with the standards for environmental management systems
13issued by the International Organization for Standardization or determined by the
14department to be a functionally equivalent environmental management system.
SB126, s. 18 15Section 18. 299.83 (5) (c) 1. b. of the statutes is repealed.
SB126, s. 19 16Section 19. 299.83 (5) (e) of the statutes is amended to read:
SB126,7,2417 299.83 (5) (e) Waiver of enforcement record requirements. Before January 1,
182007, the
The secretary of natural resources may waive requirements in par. (b) 2.
19or 3. based on the request of an applicant. The department shall provide public notice
20of the request and shall provide at least 30 days for public comment on the request.
21This public comment period may be concurrent with the notice period under sub. (6)
22(c) to (f). The secretary may not grant a waiver under this paragraph unless he or
23she finds that the waiver is consistent with sub. (1m) and will not erode public
24confidence in the integrity of the program.
SB126, s. 20 25Section 20. 299.83 (6) (a) 1. of the statutes is amended to read:
SB126,8,4
1299.83 (6) (a) 1. Describe the involvement of interested persons in developing
2and implementing the proposal for maintaining and improving the applicant's
3superior environmental performance, identify the interested persons, and describe
4the interests that those persons have in the applicant's participation in the program.
SB126, s. 21 5Section 21. 299.83 (6) (j) of the statutes is amended to read:
SB126,8,106 299.83 (6) (j) Participation contract decision. Within 30 days after providing
7notice under par. (h) or, if the department holds a public informational meeting under
8par. (i), within 30 days after that meeting, the department shall decide whether to
9enter into a participation contract with an applicant, unless the applicant and the
10department agree to an extension beyond 30 days.
SB126,8,23 11(jm) Participation contract. 1. In a participation contract, the department shall
12require that the participant maintain the environmental management system
13described in sub. (5) (c) 1. and abide by the commitments in sub. (5) (c) 2. and 3. The
14department shall include in a participation contract a provision that describes how
15the participant will maintain the involvement of interested parties during the term
16of the participation contract.
The department may not reduce the frequency of
17required inspections or monitoring as an incentive in a participation contract if the
18audit under sub. (5) (c) 3. is conducted by a person other than an outside
19environmental auditor. The department shall ensure that the incentives provided
20under a participation contract are proportional to the environmental benefits that
21will be provided by the participant under the participation contract. The department
22shall include in a participation contract remedies that apply if a party fails to comply
23with the participation contract.
SB126,9,4 242. The term of a participation contract may not be less than 3 years or more than
2510 years, with opportunity for renewal for additional terms of the same length as the

1original term upon agreement of the parties. The term of a participation contract
2may not exceed 5 years if the participation contract incorporates, modifies, or
3otherwise affects the terms or conditions of a permit issued under s. 283.31, 283.33,
4or 285.62, unless federal and state law authorize a longer term for the permit.
SB126, s. 22 5Section 22. 299.83 (6) (k) of the statutes is amended to read:
SB126,9,96 299.83 (6) (k) Review of decision. Notwithstanding s. 227.42, there is no right
7to an administrative hearing on the department's decision to enter into a
8participation contract under par. (j) or (L), but the decision is subject to judicial
9review.
SB126, s. 23 10Section 23. 299.83 (6) (L) of the statutes is created to read:
SB126,9,1611 299.83 (6) (L) Alternate process. 1. A person participating in the program
12under s. 299.80 may choose to apply for participation in tier II using the process
13under this paragraph, rather than under pars. (a) to (j), by submitting a letter
14notifying the department of its choice, before the expiration of the cooperative
15agreement under s. 299.80, along with a copy of its most recent performance
16evaluation under s. 299.80 (3) (j).
SB126,9,2517 2. The department shall enter into discussions with a person submitting a
18letter under subd. 1. to develop a proposed participation contract that is based on the
19cooperative agreement under s. 299.80, making the changes necessary to ensure that
20the participation contract complies with par. (jm). For the purposes of par. (jm) 1.,
21if the person agrees to include in the participation contract the measures to maintain
22and improve its environmental performance that were included in the cooperative
23agreement, the operational flexibility and variances granted to the person in the
24cooperative agreement are presumed to be proportional to the environmental
25benefits that will be provided by the participant.
SB126,10,3
13. The department shall provide public notice about a proposed participation
2contract developed under subd. 2. in the area in which each covered facility or activity
3is located or performed.
SB126,10,54 4. After providing public notice under subd. 3., the department may hold a
5public informational meeting about a proposed participation contract.
SB126,10,116 5. The department may enter into a participation contract under this
7paragraph with a person with whom the department has developed a proposed
8participation contract unless significant concerns are raised in comments arising
9from public notice under subd. 3. or from an informational meeting under subd. 4.
10and the person is unable or unwilling to respond to the concerns to the department's
11satisfaction.
SB126, s. 24 12Section 24. 299.83 (6m) (am) of the statutes is created to read:
SB126,10,1613 299.83 (6m) (am) Optional reports of violations. If a participant discovers a
14violation, other than through an audit under sub. (3) (d) 4. or (5) (c) 2. or 3., the
15participant may, no more than 30 days after discovering the violation, submit a
16report to the department that includes all of the following:
SB126,10,1817 1. A description of the violation and the date on which the participant
18discovered the violation.
SB126,10,2019 2. A description of the actions taken or proposed to be taken to correct the
20violation.
SB126,10,2221 3. A commitment to correct the violation within 90 days of submitting the
22report or according to a compliance schedule approved by the department.
SB126,11,423 4. If the participant proposes to take more than 90 days after submitting the
24report to correct the violation, a proposed compliance schedule that contains the
25shortest reasonable periods for correcting the violation, a statement that justifies the

1proposed compliance schedule, a description of measures that the participant will
2take to minimize the effects of the violation during the period of the compliance
3schedule, and proposed stipulated penalties to be imposed if the participant fails to
4comply with the proposed compliance schedule.
SB126,11,65 5. A description of the measures that the participant has taken or will take to
6prevent future violations.
SB126, s. 25 7Section 25. 299.83 (6m) (b) 1. of the statutes is amended to read:
SB126,11,188 299.83 (6m) (b) 1. If the department receives a report under par. (a) or (am) that
9contains a proposed compliance schedule under par. (a) 4. or (am) 4., the department
10shall review the proposed compliance schedule. The department may approve the
11compliance schedule as submitted or propose a different compliance schedule. If the
12participant does not agree to implement a compliance schedule proposed by the
13department, the department shall schedule a meeting with the participant to
14attempt to reach an agreement on a compliance schedule. If the department and the
15participant do not reach an agreement on a compliance schedule, the department
16shall terminate the participation of the participant in the program. If the parties
17agree to a compliance schedule, the participant shall incorporate the compliance
18schedule into its environmental management system.
SB126, s. 26 19Section 26. 299.83 (6m) (b) 2. (intro.) of the statutes is amended to read:
SB126,11,2420 299.83 (6m) (b) 2. (intro.) The department may not approve a compliance
21schedule that extends longer than 12 months beyond the date of approval of the
22compliance schedule, unless the secretary determines that a longer schedule is
23necessary
. The department shall consider the following factors in determining
24whether to approve a compliance schedule:
SB126, s. 27 25Section 27. 299.83 (6m) (c) of the statutes is amended to read:
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