SB226, s. 148
3Section
148. 166.08 (10) of the statutes is renumbered 323.55 (4) and amended
4to read:
SB226,50,85
323.55
(4) Removal of designees. Until such time as the persons designated
6as
emergency interim successors are authorized to exercise the powers and discharge
7the duties of an office in accordance with this
section, said subchapter, those persons
8shall serve in their designated capacities at the pleasure of the designating authority.
SB226, s. 149
9Section
149. 166.08 (11) of the statutes is renumbered 323.55 (5) and amended
10to read:
SB226,50,1611
323.55
(5) Disputes. Any dispute concerning a question of fact arising under
12this
section subchapter with respect to an office in the executive branch of the state
13government, except a dispute of fact relative to the office of governor, shall be
14adjudicated by the governor or other official authorized under the constitution or this
15section subchapter to exercise the powers and discharge the duties of the office of
16governor and his or her decision shall be final.
SB226, s. 150
17Section
150. 166.09 of the statutes is renumbered 323.44 and amended to
18read:
SB226,51,6
19323.44 Public shelters; immunity from civil liability. (1) Any person
20owning or controlling real
estate or other premises
property who voluntarily and
21without compensation
grants to the state or any of its political subdivisions a license
22or privilege, or otherwise permits the state or any of its political subdivisions to
23inspect, designate
, and use the whole or any part
thereof of the real property for the
24purpose of sheltering persons during
an actual, impending, mock or practice attack
25shall, together with his or her successors in interest, if any, not be civilly liable a
1disaster, an imminent threat of a disaster, or a related training exercise is immune
2from civil liability for negligently causing the death of or injury to any person on or
3about
such real estate or premises under such license, privilege or permission or for
4loss or damage to the
real property
of such person while it is being used to shelter
5persons during a disaster, an imminent threat of a disaster, or a related training
6exercise, if the owner or controller has complied with sub. (2).
SB226,51,12
7(2) Any person owning or controlling real
estate or other premises property who
8gratuitously grants the use
thereof of that real property for the purposes stated in
9sub. (1) shall make known to the licensee any hidden dangers or safety hazards which
10are known to the owner or occupant of
said the real
estate or premises which property
11that might possibly result in death or injury or loss of property to any person making
12use
thereof of the property.
SB226, s. 151
13Section
151. 166.10 (intro.) of the statutes is repealed.
SB226, s. 152
14Section
152. 166.10 (1) to (5) of the statutes are renumbered 16.61 (3) (d) 1.
15to 5.
SB226, s. 153
16Section
153. 166.15 (title) of the statutes is renumbered 895.065 (title).
SB226, s. 154
17Section
154. 166.15 (1) (intro.), (a), (b), (c) and (d) of the statutes are
18renumbered 895.065 (1) (intro.), (a), (b), (c) and (d).
SB226, s. 155
19Section
155. 166.15 (1) (e) of the statutes is renumbered 895.065 (1) (e), and
20895.065 (1) (e) 6., as renumbered, is amended to read:
SB226,51,2421
895.065
(1) (e) 6. Expenses incurred by an emergency provider in preparing for
22and responding to a nuclear incident
which that are not reimbursed under s.
166.03
23(1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7)
or that are not paid by another state under a
24mutual aid agreement or by a gift or grant.
SB226, s. 156
1Section
156. 166.15 (1) (f) to (k), (2), (3), (4) and (5) of the statutes are
2renumbered 895.065 (1) (f) to (k), (2), (3), (4) and (5).
SB226, s. 157
3Section
157. 166.20 (title) of the statutes is renumbered 323.60 (title).
SB226, s. 158
4Section
158. 166.20 (1) (intro.) of the statutes is renumbered 323.60 (1) (intro.)
5and amended to read:
SB226,52,66
323.60
(1) Definitions. (intro.) In
ss. 166.20 to 166.215 this subchapter:
SB226, s. 159
7Section
159. 166.20 (1) (b) and (c) of the statutes are renumbered 323.60 (1)
8(b) and (c).
SB226, s. 160
9Section
160. 166.20 (1) (d) of the statutes is renumbered 323.60 (1) (d) and
10amended to read:
SB226,52,1311
323.60
(1) (d) "Facility plan" means a plan for response to the release of
12hazardous substances from a specific facility, prepared as a component of a local
13emergency response plan under sub. (5) (a)
1. and under
42 USC 11003.
SB226, s. 161
14Section
161. 166.20 (1) (e) and (f) of the statutes are renumbered 323.60 (1)
15(e) and (f).
SB226, s. 162
16Section
162. 166.20 (1) (fm) of the statutes is repealed.
SB226, s. 163
17Section
163. 166.20 (1) (g) of the statutes is renumbered 323.60 (1) (g).
SB226, s. 164
18Section
164. 166.20 (1) (ge) of the statutes is renumbered 323.02 (11), and
19323.02 (11) (d), as renumbered, is and amended to read:
SB226,52,2220
323.02
(11) (d) Response operations must be conducted in confined, poorly
21ventilated areas and the absence of conditions under
subds. 1. to 3. pars. (a) to (c) has
22not been established.
SB226, s. 165
23Section
165. 166.20 (1) (gi) of the statutes is renumbered 323.02 (12).
SB226, s. 166
24Section
166. 166.20 (1) (gk) of the statutes is renumbered 323.02 (13) and
25amended to read:
SB226,53,2
1323.02
(13) "Local emergency response team" means a team that the
local
2emergency planning committee identifies under s.
166.21 323.61 (2m) (e).
SB226, s. 167
3Section
167. 166.20 (1) (gm) of the statutes is repealed.
SB226, s. 168
4Section
168. 166.20 (1) (h) and (i) of the statutes are renumbered 323.60 (1)
5(h) and (i).
SB226, s. 169
6Section
169. 166.20 (1) (im) of the statutes is repealed.
SB226, s. 170
7Section
170. 166.20 (1) (j) of the statutes is renumbered 323.60 (1) (j), and
8323.60 (1) (j) (intro.), 1. and 2., as renumbered, are amended to read:
SB226,53,109
323.60
(1) (j) (intro.) "Threshold quantity" means a designated quantity of
any
10of the following:
SB226,53,1211
1. A hazardous chemical which, if used by or present at a facility, makes the
12facility subject to the requirements of sub. (5)
(a) 3.; or (c).
SB226,53,1413
2. A toxic chemical which, if used by or present at a facility, makes the facility
14subject to the requirements of sub. (5)
(a) 4. (d).
SB226, s. 171
15Section
171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).
SB226, s. 172
16Section
172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.)
17and amended to read:
SB226,53,1918
323.60
(2) Duties of the division. (intro.) The division shall
do all of the
19following:
SB226, s. 173
20Section
173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and
21amended to read:
SB226,53,2322
323.60
(2) (a)
Carry out all requirements of a Serve as the state emergency
23response commission under the federal act.
SB226, s. 174
24Section
174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).
SB226, s. 175
1Section
175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and
2amended to read:
SB226,54,53
323.60
(2) (bg) Promulgate rules establishing an amount not to exceed $6,000
4that may be an eligible cost for computers in an emergency planning grant under s.
5166.21 323.61 (2) (br).
SB226, s. 176
6Section
176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and
7amended to read:
SB226,54,98
323.70
(7) (a)
Promulgate The division shall promulgate rules establishing
9standards to determine all of the following:
SB226,54,1310
1. If a regional or local emergency response team has made a good faith effort
11to identify a person responsible for the emergency involving a release or potential
12release of a hazardous substance under
s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 13(4).
SB226,54,1814
2. If a person responsible for the emergency involving a release or potential
15release of a hazardous substance under
s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 16(4) is financially able or has the money or resources necessary to reimburse a regional
17or local emergency response team for the expenses incurred by the regional or local
18emergency response team in responding to the emergency.
SB226, s. 177
19Section
177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and
20amended to read:
SB226,54,2421
323.70
(7) (b)
Promulgate The division shall promulgate rules that establish
22the procedures that a regional emergency response team shall follow to determine
23if an emergency that requires the team's response exists as the result of a level A
24release or a potential level A release.
SB226, s. 178
1Section
178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and
2amended to read:
SB226,55,63
323.70
(7) (c)
Promulgate The division shall promulgate rules that establish
4the procedures that a local emergency response team shall follow to determine if an
5emergency that requires the team's response exists as the result of a release or
6potential release of a hazardous substance, as defined in s. 299.01 (6).
SB226, s. 179
7Section
179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).
SB226, s. 180
8Section
180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and
9amended to read:
SB226,55,1010
323.60
(2) (d) Administer the grant program under s.
166.21 323.61.
SB226, s. 181
11Section
181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).
SB226, s. 182
12Section
182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).
SB226, s. 183
13Section
183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.)
14and amended to read:
SB226,55,1615
323.60
(3) Duties of committees. (intro.) A committee shall
do all of the
16following:
SB226, s. 184
17Section
184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).
SB226, s. 185
18Section
185. 166.20 (3) (b) of the statutes is renumbered 323.60 (3) (b) and
19amended to read:
SB226,55,2320
323.60
(3) (b) Upon receipt by the committee or the committee's designated
21community emergency coordinator of a notification under sub. (5)
(a) 2. (b) of the
22release of a hazardous substance, take all actions necessary to ensure the
23implementation of the local emergency response plan.
SB226, s. 186
24Section
186. 166.20 (3) (c) of the statutes is renumbered 323.60 (3) (c) and
25amended to read:
SB226,56,5
1323.60
(3) (c) Consult and coordinate with the county board, the county and
2local heads of emergency management
services designated under s.
166.03 (4) (a) or
3(b) 323.14 (1) (a) 2. or (b) 2. and the county emergency management committee
4designated under s.
166.03 (4) (c) 323.14 (1) (a) 3. in the execution of the local
5emergency planning committee's duties under this section.
SB226, s. 187
6Section
187. 166.20 (4) of the statutes is renumbered 323.60 (4), and 323.60
7(4) (a) and (c), as renumbered, are amended to read:
SB226,56,108
323.60
(4) (a) Upon receipt of a notification under sub. (5)
(a) 2. (b) or s. 292.11
9(2) of the release of a hazardous substance, provide all information contained in the
10notification to the division.
SB226,56,1311
(c) Use the information contained in toxic chemical release forms submitted
12under sub. (5)
(a) 4. (d) in the planning and implementation of programs related to
13the regulation, monitoring, abatement and mitigation of environmental pollution.
SB226, s. 188
14Section
188. 166.20 (4m) of the statutes is renumbered 323.60 (4m) and
15amended to read:
SB226,56,1916
323.60
(4m) Cooperation. A state agency
, federally recognized American
17Indian tribe or band, or local governmental unit may assist the division or a
18committee in the performance of its duties
under this section and may enter into an
19agreement with the division or a committee.
SB226, s. 189
20Section
189. 166.20 (5) (title) of the statutes is renumbered 323.60 (5) (title).
SB226, s. 190
21Section
190. 166.20 (5) (a) 1., 2. and 3. of the statutes are renumbered 323.60
22(5) (a), (b) and (c).
SB226, s. 191
23Section
191. 166.20 (5) (a) 4., 5. and 6. of the statutes are renumbered 323.60
24(5) (d), (e) and (f), and 323.60 (5) (d) 3., (e) and (f), as renumbered, are amended to
25read:
SB226,57,9
1323.60
(5) (d) 3. All facilities with 10 or more employees in major group
2classifications 10 to 13 in the standard industrial classification manual, 1987
3edition, published by the U.S. office of management and budget, at which a toxic
4chemical is used at or above an applicable threshold quantity, except that compliance
5with the toxic chemical release form requirements under this
subd. 4. c. subdivision 6is not required for the placement of a toxic chemical in a storage or disposal site or
7facility that is located at a facility with a permit under ch. 293 if the toxic chemical
8consists of or is contained in merchantable by-products as defined in s. 293.01 (7),
9minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).
SB226,57,1510(e) The reporting procedures for trade secrets under
42 USC 11042 shall apply
11to all facilities in this state subject to the requirements under
subd. 1., 3. or 4. par.
12(a), (c), or (d). For the purposes of applying this
subdivision paragraph to public
13agencies and private agencies, the division shall have the powers and duties granted
14to the administrator of the U.S. environmental protection agency under
42 USC
1511042.
SB226,57,1816
(f) All facilities in this state subject to the requirements under
subd. 3. or 4. par.
17(c) or (d) shall comply with the procedures for providing information under
42 USC
1811043.
SB226, s. 192
19Section
192. 166.20 (5) (b) of the statutes is repealed.
SB226, s. 193
20Section
193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m)
21and (6).
SB226, s. 194
22Section
194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).
SB226, s. 195
23Section
195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a)
24(intro.) and amended to read:
SB226,58,3
1323.60
(7) (a) (intro.) The division shall establish, by rule, the following fees at
2levels designed to fund the division's administrative expenses and the grants under
3s.
166.21 323.61:
SB226, s. 196
4Section
196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and
5amended to read:
SB226,58,76
323.60
(7) (a) 1. An emergency planning notification fee to be paid when a
7facility makes the emergency planning notification required under sub. (5) (a)
1.
SB226, s. 197
8Section
197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and
9amended to read:
SB226,58,1210
323.60
(7) (a) 2. An inventory form fee to be paid annually when a facility
11submits the emergency and hazardous chemical inventory forms required under sub.
12(5)
(a) 3. (c).
SB226, s. 198
13Section
198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered
14323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are
15amended to read:
SB226,58,2016
323.60
(7) (b) The operator of a facility subject to the requirements of sub. (5)
17(a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by
18rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the
19fees under par. (a) in a timely manner. The surcharge under this paragraph shall not
20exceed 20% of the original fee.
SB226,58,2421
(dm) The operator of a
petroleum marketing facility
at which petroleum
22products are received by tank truck, tank trailer, or railroad tank car and stored for
23resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel
24present at
the petroleum marketing that facility.
SB226, s. 199
1Section
199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m)
2and (8), and 323.60 (8) (a), as renumbered, is amended to read:
SB226,59,133
323.60
(8) (a) The department of justice, at its own discretion or at the request
4of the division or the committee or district attorney for the county in which the
5violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
6promulgated under subs. (2) to (7). In any action commenced under this paragraph,
7the department of justice may request the assistance of the district attorney for the
8county in which the violation is alleged to have occurred and the district attorney
9shall provide the requested assistance
, except that, for a violation that is alleged to
10have occurred within the boundaries of a federally recognized Indian reservation or
11on land that is held in trust by the federal government for the benefit of an American
12Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and
13rules promulgated under subs. (2) to (7).
SB226, s. 200
14Section
200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).