Amendment SSA1-SB75

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1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 75

March 7, 1995 - Offered by Committee on Environment and Energy.

SB75-SSA1,1,5 An Act to amend 20.465 (3) (rp), 166.21 (2) (bm), 166.215 (1), 166.215 (2), 895.483 (title), 895.483 (1) and 895.483 (2); and to create 20.465 (3) (rt), 166.22 (3m) and 895.483 (3) of the statutes; relating to: grants to emergency response teams, creating immunity from civil liability for local agencies that sponsor regional or county emergency response teams and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB75-SSA1, s. 1 Section 1. 20.465 (3) (rp) of the statutes is amended to read:

SB75-SSA1,1,14 20.465 (3) (rp) Emergency response equipment. From the transportation fund, the amounts in the schedule for grants for the costs of computers and emergency response equipment under s. 166.21 (2) (bm). Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation on June 30 of each year shall be transferred to the appropriation account under par. (rt), except that transfers to the appropriation account under par. (rt) shall cease whenever the balance in the appropriation account under par. (rt) exceeds $500,000 and shall not recommence until the balance in the appropriation account under par. (rt) is less than $400,000.

SB75-SSA1, s. 2 Section 2. 20.465 (3) (rt) of the statutes is created to read:

SB75-SSA1,2,7 20.465 (3) (rt) Emergency response supplement. All moneys transferred from the appropriation under par. (rp), to be used for response costs of a regional emergency response team that are not reimbursed under s. 166.215 (2) or (3) and for response costs of a local agency that are not reimbursed under s. 166.22 (4). No moneys may be encumbered from the appropriation under this paragraph after June 30, 1999.

SB75-SSA1, s. 3 Section 3. 166.21 (2) (bm) of the statutes is amended to read:

SB75-SSA1,2,12 166.21 (2) (bm) Subject to sub. (2m), 50% 80% of the costs of computers and emergency response equipment, but not to exceed $10,000, of which not more than $6,000 may be for computers. In-kind contributions may be used to meet the committee's contribution under this paragraph.

SB75-SSA1, s. 4 Section 4. 166.215 (1) of the statutes is amended to read:

SB75-SSA1,2,24 166.215 (1) The board shall contract with no fewer than 7 and no more than 11 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the board. The board shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The board may only contract with public organizations a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. A contract under this subsection may provide for payments to the regional emergency response team in addition to the reimbursement provided in sub. (2).

SB75-SSA1, s. 5 Section 5. 166.215 (2) of the statutes is amended to read:

SB75-SSA1,3,10 166.215 (2) The board shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amount amounts appropriated under s. 20.465 (3) (rg) and (rt). Reimbursement is available under s. 20.465 (3) (rt) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

SB75-SSA1, s. 6 Section 6. 166.22 (3m) of the statutes is created to read:

SB75-SSA1,3,21 166.22 (3m) The board shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (rt). Reimbursement is available under s. 20.465 (3) (rt) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

SB75-SSA1, s. 7 Section 7. 895.483 (title) of the statutes is amended to read:

SB75-SSA1,3,24 895.483 (title) Civil liability exemption; regional and county emergency response team teams and their sponsoring agencies.

SB75-SSA1, s. 8 Section 8. 895.483 (1) of the statutes is amended to read:

SB75-SSA1,4,5 895.483 (1) A regional emergency response team and, a member of such a team, and a local agency, as defined in s. 166.22 (1) (c), that contracts with the state emergency response board for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.215 (1).

SB75-SSA1, s. 9 Section 9. 895.483 (2) of the statutes is amended to read:

SB75-SSA1,4,10 895.483 (2) A county emergency response team and, a member of such a team and the county, city, village or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e).

SB75-SSA1, s. 10 Section 10. 895.483 (3) of the statutes is created to read:

SB75-SSA1,4,14 895.483 (3) A local emergency planning committee created under s. 59.07 (146) (a) 1. that receives a grant under s. 166.21 is immune from civil liability for acts or omissions related to carrying out responsibilities under s. 166.21.

SB75-SSA1, s. 11 Section 11. Initial applicability.

SB75-SSA1,4,17 (1)  This act first applies to acts or omissions committed on the effective date of this subsection.

SB75-SSA1,4,18 (End)