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).
42,198
Section
198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered 323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are amended to read:
323.60 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.
(dm) The operator of a petroleum marketing facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing that facility.
42,199
Section
199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m) and (8), and 323.60 (8) (a), as renumbered, is amended to read:
323.60 (8) (a) The department of justice, at its own discretion or at the request of the division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance, except that, for a violation that is alleged to have occurred within the boundaries of a federally recognized Indian reservation or on land that is held in trust by the federal government for the benefit of an American Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7).
42,200
Section
200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).
