SB208-SSA1,2,2
1166.20
(1) (im) "Regional emergency response team" means a team that the
2division contracts with under s. 166.215 (1).
SB208-SSA1, s. 3
3Section
3. 166.20 (2) (bm) 1. of the statutes is amended to read:
SB208-SSA1,2,74
166.20
(2) (bm) 1. If a regional or local emergency response team has made a
5good faith effort to identify a person responsible for
the emergency involving a
6release
or potential release of a hazardous substance under s. 166.215 (3) or 166.22
7(4).
SB208-SSA1, s. 4
8Section
4. 166.20 (2) (bm) 2. of the statutes is amended to read:
SB208-SSA1,2,139
166.20
(2) (bm) 2. If a person responsible for
the emergency involving a release
10or potential release of a hazardous substance under s. 166.215 (3) or 166.22 (4) is
11financially able or has the money or resources necessary to reimburse a regional or
12local emergency response team for the expenses incurred by the regional or local
13emergency response team in responding to the
release
emergency.
SB208-SSA1, s. 5
14Section
5. 166.20 (2) (bs) of the statutes is created to read:
SB208-SSA1,2,1815
166.20
(2) (bs) 1. Promulgate rules that establish the procedures that a
16regional emergency response team shall follow to determine if an emergency that
17requires the team's response exists as the result of a level A release or a potential
18level A release.
SB208-SSA1,2,2219
2. Promulgate rules that establish the procedures that a local emergency
20response team shall follow to determine if an emergency that requires the team's
21response exists as the result of a release or potential release of a hazardous
22substance, as defined in s. 299.01 (6).
SB208-SSA1, s. 6
23Section
6. 166.21 (2m) (e) of the statutes is amended to read:
SB208-SSA1,3,324
166.21
(2m) (e) Identification of a
county local emergency response team that
25is capable of responding to a level B release that occurs at any place in the county and
1whose members meet the standards for hazardous materials technicians in
29 CFR
21910.120 (q) (6) (iii) and national fire protection association standards NFPA 471 and
3472.
SB208-SSA1, s. 7
4Section
7. 166.21 (2m) (f) of the statutes is amended to read:
SB208-SSA1,3,75
166.21
(2m) (f) Procedures for
county
local emergency response team actions
6that are consistent with local emergency response plans developed under s. 166.20
7(3) and the state contingency plan established under s. 292.11 (5).
SB208-SSA1,3,219
166.215
(2) The division shall reimburse a regional emergency response team
10for costs incurred by the team in responding to
an emergency involving a level A
11release
under sub. (1), or a potential level A release, if the team followed the
12procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an
13emergency requiring a response existed. Reimbursement under this subsection is
14limited to amounts collected under sub. (3) and the amounts appropriated under s.
1520.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the
16regional emergency response team has made a good faith effort to identify the person
17responsible under sub. (3) and that person cannot be identified, or, if that person is
18identified, the team has received reimbursement from that person to the extent that
19the person is financially able or has determined that the person does not have
20adequate money or other resources to reimburse the regional emergency response
21team.
SB208-SSA1, s. 9
22Section
9. 166.215 (3) of the statutes is repealed and recreated to read:
SB208-SSA1,4,223
166.215
(3) A person shall reimburse the division for costs incurred by a
24regional emergency response team in responding to an emergency if the team
25followed the procedures established under s. 166.20 (2) (bs) 1. to determine if an
1emergency requiring the team's response existed and if any of the following
2conditions applies:
SB208-SSA1,4,43
(a) The person possessed or controlled a hazardous substance that was involved
4in the emergency.
SB208-SSA1,4,55
(b) The person caused the emergency.
SB208-SSA1,4,118
166.22
(1) (c) "Local agency" means an agency of a county, city, village or town,
9including a municipal police or fire department, a municipal health organization, a
10county office of emergency management, a county sheriff, an emergency medical
11service
, a local emergency response team or a public works department.
SB208-SSA1,4,1413
166.22
(1) (d) "Local emergency response team" means a team that the
14committee identifies under s. 166.21 (2m) (e).
SB208-SSA1,4,1916
166.22
(2) A person who possesses or controls a hazardous substance that is
17discharged released or who causes the
discharge release of a hazardous substance
18shall take the actions necessary to protect public health and safety and prevent
19damage to property.
SB208-SSA1,5,421
166.22
(3) If action required under sub. (2) is not being adequately taken or the
22identity of the person responsible for
a discharge
an emergency involving a release
23or potential release of a hazardous substance is unknown and the
discharge 24emergency involving a release or potential release threatens public health or safety
25or damage to property, a local agency may take any emergency action that is
1consistent with the contingency plan for the undertaking of emergency actions in
2response to the
discharge release or potential release of hazardous substances
3established by the department of natural resources under s. 292.11 (5) and that it
4considers appropriate under the circumstances.
SB208-SSA1,5,176
166.22
(3m) The division shall reimburse a local emergency response team for
7costs incurred by the team in responding to
an emergency involving a hazardous
8substance
discharge under sub. (3) release, or potential release, if the team followed
9the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an
10emergency requiring the team's response existed. Reimbursement under this
11subsection is limited to the amount appropriated under s. 20.465 (3) (dr).
12Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency
13response team has made a good faith effort to identify the person responsible under
14sub. (4) and that person cannot be identified, or, if that person is identified, the team
15has received reimbursement from that person to the extent that the person is
16financially able or has determined that the person does not have adequate money or
17other resources to reimburse the local emergency response team.
SB208-SSA1, s. 16
18Section
16. 166.22 (4) of the statutes is repealed and recreated to read:
SB208-SSA1,5,2219
166.22
(4) (a) Except as provided in par. (b), a person shall reimburse a local
20agency as provided in sub. (5) for actual, reasonable and necessary expenses incurred
21in responding to an emergency involving the release or potential release of a
22hazardous substance if any of the following conditions applies:
SB208-SSA1,5,2423
1. The person possessed or controlled a hazardous substance involved in the
24emergency.
SB208-SSA1,5,2525
2. The person caused the emergency.
SB208-SSA1,6,3
1(b) A local emergency response team may receive reimbursement under par. (a)
2only if the team followed the procedures established under s. 166.20 (2) (bs) 2. to
3determine if an emergency requiring the team's response existed.
SB208-SSA1,6,75
166.22
(5) (am) A local agency seeking reimbursement under sub. (4) shall
6submit a claim stating its expenses to the reviewing entity for the county in which
7the
discharge emergency occurred.
SB208-SSA1,6,159
166.22
(5) (b) The reviewing entity shall review claims submitted under par.
10(am) and determine the amount of reasonable and necessary expenses incurred. The
11reviewing entity shall provide a person who is liable for reimbursement under sub.
12(4) with a notice of the amount of expenses it has determined to be reasonable and
13necessary that
arise arose from
one discharge the emergency involving the release
14or potential release of a hazardous substance and
are that were incurred by all local
15agencies from which the reviewing entity receives a claim.
SB208-SSA1,6,18
17895.483 (title)
Civil liability exemption; regional and county local
18emergency response teams and their sponsoring agencies.
SB208-SSA1,6,2320
895.483
(2) A
county local emergency response team, a member of such a team
21and the county, city, village or town that contracts to provide the emergency response
22team to the county are immune from civil liability for acts or omissions related to
23carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e).
SB208-SSA1,7,2
1(1) This act first applies to emergencies involving the release or potential
2release of hazardous substances that occur on the effective date of this subsection.