AB228-SSA1,4,1512 2. Minimizing the negative effects on air, water, land, natural resources, or
13human health of the raw materials used by an entity or of the products or services
14produced or provided by the entity to an extent that is greater than is required by
15applicable environmental requirements.
AB228-SSA1,4,1616 3. Voluntarily engaging in restoring or preserving natural resources.
AB228-SSA1,4,1817 4. Helping other entities to comply with environmental requirements or to
18accomplish the results described in subd. 1. or 2.
AB228-SSA1,4,2019 5. Organizing uncoordinated entities that produce environmental harm into a
20program that reduces that harm.
AB228-SSA1,4,2221 6. Reducing waste or the use or production of hazardous substances in the
22design, production, delivery, use, or reuse of goods or services.
AB228-SSA1,4,2323 7. Conserving energy or nonrenewable natural resources.
AB228-SSA1,4,2524 8. Reducing the use of renewable natural resources through increased
25efficiency.
AB228-SSA1,5,2
19. Adopting methods that reduce the depletion of, or long-term damage to,
2renewable natural resources.
AB228-SSA1,5,33 (h) "Violation" means a violation of an environmental requirement.
AB228-SSA1,5,5 4(1m) Administration of program. In administering the program, the
5department shall attempt to do all of the following:
AB228-SSA1,5,76 (a) Promote, reward, and sustain superior environmental performance by
7participants.
AB228-SSA1,5,108 (b) Promote environmental performance that voluntarily exceeds legal
9requirements related to health, safety, and the environment and that results in
10continuous improvement in this state's environment, economy, and quality of life.
AB228-SSA1,5,1211 (c) Provide clear incentives for participation that will result in real benefits to
12participants.
AB228-SSA1,5,1613 (d) Promote attention to unregulated environmental problems and provide
14opportunities for conservation of resources and environmental restoration by
15entities that are subject to environmental requirements and entities that are not
16subject to environmental requirements.
AB228-SSA1,5,1817 (e) Make the program compatible with federal programs that create incentives
18for achieving environmental performance that exceeds legal requirements.
AB228-SSA1,5,2119 (f) Increase levels of trust, communication, and accountability among
20regulatory agencies, entities that are subject to environmental requirements, and
21the public.
AB228-SSA1,5,2522 (g) Reduce the time and money spent by regulatory agencies and entities that
23are subject to environmental requirements on tasks that do not benefit the
24environment by focusing on more efficient performance of necessary tasks and
25eliminating unnecessary tasks.
AB228-SSA1,6,3
1(h) Report information concerning environmental performance and data
2concerning ambient environmental quality to the public in a manner that is accurate,
3timely, credible, relevant, and useable to interested persons.
AB228-SSA1,6,54 (i) Provide for the measurement of environmental performance in terms of
5accomplishing goals and require the reporting of the results.
AB228-SSA1,6,86 (j) Implement an evaluation system that provides flexibility and affords some
7protection for experimentation by participants that use innovative techniques to try
8to achieve superior environmental performance.
AB228-SSA1,6,99 (k) Remove disincentives to achieving superior environmental performance.
AB228-SSA1,6,1110 (L) Provide for sustained business success as well as a reduction in
11environmental pollution.
AB228-SSA1,6,1312 (m) Promote the transfer of technological and practical innovations that
13improve environmental performance in an efficient, effective, or safe manner.
AB228-SSA1,6,1514 (n) Lower the administrative costs associated with environmental
15requirements and with achieving superior environmental performance.
AB228-SSA1,6,20 16(3) Eligibility for tier i. (a) General. An applicant is eligible for tier I of the
17program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
18consists of a group of entities, each requirement in pars. (b) to (d) applies to each
19entity in the group. An applicant for tier I of the program shall identify the facilities
20or activities that it intends to include in the program.
AB228-SSA1,6,2221 (b) Enforcement record. To be eligible to participate in tier I of the program, an
22applicant shall demonstrate all of the following:
AB228-SSA1,7,323 1. That, within 60 months before the date of application, no judgment of
24conviction was entered against the applicant, any managing operator of the
25applicant, or any person with a 25% or more ownership interest in the applicant for

1a criminal violation involving a covered facility or activity that resulted in
2substantial harm to public health or the environment or that presented an imminent
3threat to public health or the environment.
AB228-SSA1,7,84 2. That, within 36 months before the date of application, no civil judgment was
5entered against the applicant, any managing operator of the applicant, or any person
6with a 25% or more ownership interest in the applicant for a violation involving a
7covered facility or activity that resulted in substantial harm to public health or the
8environment.
AB228-SSA1,7,139 3. That, within 24 months before the date of application, the department of
10justice has not filed a suit to enforce an environmental requirement, and the
11department of natural resources has not issued a citation to enforce an
12environmental requirement, because of a violation involving a covered facility or
13activity.
AB228-SSA1,7,1514 (c) Environmental performance. To be eligible to participate in tier I of the
15program, an applicant shall submit an application that describes all of the following:
AB228-SSA1,7,1716 1. The applicant's past environmental performance with respect to each
17covered facility or activity.
AB228-SSA1,7,1918 2. The applicant's current environmental performance with respect to each
19covered facility or activity.
AB228-SSA1,7,2220 3. The applicant's plans for activities that enhance the environment, such as
21improving the applicant's environmental performance with respect to each covered
22facility or activity.
AB228-SSA1,7,2423 (d) Environmental management system. To be eligible to participate in tier I
24of the program, an applicant shall do all of the following:
AB228-SSA1,8,3
11. Demonstrate that it has implemented, or commit itself to implementing
2within one year of application, an environmental management system, for each
3covered facility or activity, that is all of the following:
AB228-SSA1,8,64 a. In compliance with the standards for environmental management systems
5issued by the International Organization for Standardization or determined by the
6department to be a functionally equivalent environmental management system.
AB228-SSA1,8,97 b. Determined by the department to be appropriate to the nature, scale, and
8environmental impacts of the applicant's operations related to each covered facility
9or activity.
AB228-SSA1,8,1110 2. Include, in the environmental management system under subd. 1., objectives
11in at least 2 of the following areas:
AB228-SSA1,8,1412 a. Improving the environmental performance of the applicant, with respect to
13each covered facility or activity, in aspects of environmental performance that are
14regulated under chs. 29 to 31, 160, and 280 to 299.
AB228-SSA1,8,1715 b. Improving the environmental performance of the applicant, with respect to
16each covered facility or activity, in aspects of environmental performance that are not
17regulated under chs. 29 to 31, 160, and 280 to 299.
AB228-SSA1,8,1818 c. Voluntarily restoring, enhancing, or preserving natural resources.
AB228-SSA1,8,2219 3. Explain to the department the rationale for the choices of objectives under
20subd. 2. and describe any consultations with residents of the areas in which each
21covered facility or activity is located or performed and with other interested persons
22concerning those objectives.
AB228-SSA1,9,223 4. Conduct, or commit itself to conducting, annual environmental management
24system audits, with every 3rd environmental management system audit performed
25by an outside environmental auditor approved by the department, and commit itself

1to submitting to the department an annual report on the environmental
2management system audit that is in compliance with sub. (6m) (a).
AB228-SSA1,9,43 5. Commit itself to submitting to the department an annual report on progress
4toward meeting the objectives under subd. 2.
AB228-SSA1,9,8 5(4) Process for tier i. (a) Upon receipt of an application for participation in
6tier I of the program, the department shall provide public notice about the
7application in the area in which each covered facility or activity is located or
8performed.
AB228-SSA1,9,109 (b) After providing public notice under par. (a) about an application, the
10department may hold a public informational meeting on the application.
AB228-SSA1,9,1611 (c) The department shall approve or deny an application within 60 days after
12providing notice under par. (a) or, if the department holds a public informational
13meeting under par. (b), within 60 days after that meeting. The department may limit
14the number of participants in tier I of the program, or limit the extent of participation
15by a particular applicant, based on the department's determination that the
16limitation is in the best interest of the program.
AB228-SSA1,9,1817 (d) Notwithstanding s. 227.42 (1), a decision by the department under par. (c)
18to approve or deny an application is not subject to review under ch. 227.
AB228-SSA1,9,20 19(4m) Incentives for tier i. (a) The department shall issue a numbered
20certificate of recognition to each participant in tier I of the program.
AB228-SSA1,9,2221 (b) The department shall identify each participant in tier I of the program on
22an Internet site maintained by the department.
AB228-SSA1,9,2523 (c) The department shall annually provide notice of the participation of each
24participant in tier I of the program to newspapers in the area in which each covered
25facility or activity is located.
AB228-SSA1,10,3
1(d) A participant in tier I of the program may use an Environmental Results
2Program logo selected by the department on written materials produced by the
3participant.
AB228-SSA1,10,84 (e) The department shall assign an employee of the department, who is
5acceptable to the participant, to serve as the contact with the department for a
6participant in tier I of the program for communications concerning participation in
7the program, for any approvals that the participant is required to obtain, and for
8technical assistance.
AB228-SSA1,10,159 (f) After a participant in tier I of the program implements an environmental
10management system that complies with sub. (3) (d) 1., the department shall conduct
11any inspections of the participant's covered facilities or activities that are required
12under chs. 29 to 31, 160, and 280 to 299 at the lowest frequency permitted under
13those chapters, except that the department may conduct an inspection whenever it
14has reason to believe that a participant is out of compliance with a requirement in
15an approval or with an environmental requirement.
AB228-SSA1,10,20 16(5) Eligibility for tier ii. (a) General. An applicant is eligible for tier II of the
17program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
18consists of a group of entities, each requirement in pars. (b) to (d) applies to each
19entity in the group. An applicant for tier II of the program shall identify the facilities
20or activities that it intends to include in the program.
AB228-SSA1,10,2221 (b) Enforcement record. To be eligible to participate in tier II of the program,
22an applicant shall demonstrate all of the following:
AB228-SSA1,11,323 1. That, within 120 months before the date of application, no judgment of
24conviction was entered against the applicant, any managing operator of the
25applicant, or any person with a 25% or more ownership interest in the applicant for

1a criminal violation involving a covered facility or activity that resulted in
2substantial harm to public health or the environment or that presented an imminent
3threat to public health or the environment.
AB228-SSA1,11,84 2. That, within 60 months before the date of application, no civil judgment was
5entered against the applicant, any managing operator of the applicant, or any person
6with a 25% or more ownership interest in the applicant for a violation involving a
7covered facility or activity that resulted in substantial harm to public health or the
8environment.
AB228-SSA1,11,139 3. That, within 24 months before the date of application, the department of
10justice has not filed a suit to enforce an environmental requirement, and the
11department of natural resources has not issued a citation to enforce an
12environmental requirement, because of a violation involving a covered facility or
13activity.
AB228-SSA1,11,1514 (c) Environmental management system. To be eligible to participate in tier II
15of the program, an applicant shall do all of the following:
AB228-SSA1,11,1716 1. Demonstrate that it has implemented an environmental management
17system, for each covered facility or activity, that is all of the following:
AB228-SSA1,11,2018 a. In compliance with the standards for environmental management systems
19issued by the International Organization for Standardization or determined by the
20department to be a functionally equivalent environmental management system.
AB228-SSA1,11,2321 b. Determined by the department to be appropriate to the nature, scale, and
22environmental impacts of the applicant's operations related to to each covered
23facility or activity.
AB228-SSA1,12,224 2. Commit itself to having an outside environmental auditor approved by the
25department conduct an annual environmental management system audit and to

1submitting to the department an annual report on the environmental management
2system audit that is in compliance with sub. (6m) (a).
AB228-SSA1,12,63 3. Commit itself to annually conducting, or having another person conduct, an
4audit of compliance with environmental requirements that are applicable to the
5covered facilities and activities and to reporting the results of the audit to the
6department in compliance with sub. (6m) (a).
AB228-SSA1,12,107 (d) Superior environmental performance. To be eligible to participate in tier II
8of the program, an applicant shall demonstrate a record of superior environmental
9performance and shall describe the measures that it proposes to take to maintain and
10improve its superior environmental performance.
AB228-SSA1,12,15 11(6) Process for tier ii. (a) Letter of intent. To apply for participation in tier
12II of the program, an entity shall submit a letter of intent to the department. In
13addition to providing information necessary to show that the applicant satisfies the
14requirements in sub. (5), the applicant shall do all of the following in the letter of
15intent:
AB228-SSA1,12,1916 1. Describe the involvement of interested persons in developing the proposal
17for maintaining and improving the applicant's superior environmental performance,
18identify the interested persons, and describe the interests that those person have in
19the applicant's participation in the program.
AB228-SSA1,12,2120 2. Outline the provisions that it proposes to include in the participation
21contract.
AB228-SSA1,12,2422 3. Explain how the measures that the applicant proposes to take to maintain
23and improve its superior environmental performance are proportional to the
24incentives that it proposes to receive under the participation contract.
AB228-SSA1,13,2
1(b) Limitation. The department may limit the number of letters of intent that
2it processes based on the staff resources available.
AB228-SSA1,13,63 (c) Notice. If the department decides to process a letter of intent, within 90 days
4of receiving the letter of intent the department shall provide public notice about the
5letter of intent in the area in which each covered facility or activity is located or
6performed.
AB228-SSA1,13,97 (d) Public meeting. After providing public notice under par. (c) about a letter
8of intent, the department may hold a public informational meeting on the letter of
9intent.
AB228-SSA1,13,1710 (e) Request to participate. Within 30 days after the public notice under par. (c),
11interested persons may request the department to grant them authorization to
12participate in the negotiations under par. (f). A person who makes a request under
13this paragraph shall describe the person's interests in the issues raised by the letter
14of intent. The department shall determine whether a person who makes a request
15under this paragraph may participate in the negotiations under par. (f) based on
16whether the person has demonstrated sufficient interest in the issues raised by the
17letter of intent to warrant that participation.
AB228-SSA1,13,2318 (f) Negotiations. If the department determines that an applicant satisfies the
19requirements in sub. (5), the department may begin negotiations concerning a
20participation contract with the applicant and with any persons to whom the
21department granted permission under par. (e). The department may begin the
22negotiations no sooner than 30 days after providing public notice under par. (c) about
23the applicant's letter of intent.
AB228-SSA1,14,324 (g) Termination of negotiations. The department may terminate negotiations
25with an applicant concerning a participation contract. Notwithstanding s. 227.42

1(1), a decision to terminate negotiations is not subject to review under ch. 227. The
2department shall conclude negotiations within 12 months of beginning negotiations
3unless the applicant and the department agree to an extension.
AB228-SSA1,14,74 (h) Notice of proposed contract. If negotiations under par. (f) result in a
5proposed participation contract, the department shall provide public notice about
6the proposed participation contract in the area in which each covered facility or
7activity is located or performed.
AB228-SSA1,14,108 (i) Meeting on proposed contract. After providing public notice under par. (h)
9about a proposed participation contract, the department may hold a public
10informational meeting on the proposed participation contract.
AB228-SSA1,15,511 (j) Participation contract. Within 30 days after providing notice under par. (h)
12or, if the department holds a public informational meeting under par. (i), within 30
13days after that meeting, the department shall decide whether to enter into a
14participation contract with an applicant, unless the applicant and the department
15agree to an extension beyond 30 days. In a participation contract, the department
16shall require that the participant maintain the environmental management system
17described in sub. (5) (c) 1. and abide by the commitments in sub. (5) (c) 2. and 3. The
18department may not reduce the frequency of required inspections or monitoring as
19an incentive in a participation contract if the audit under sub. (5) (c) 3. is conducted
20by a person other than an outside environmental auditor. The department shall
21ensure that the incentives provided under a participation contract are proportional
22to the environmental benefits that will be provided by the participant under the
23participation contract. The department shall include in a participation contract
24remedies that apply if a party fails to comply with the participation contract. The
25term of a participation contract may not be less than 3 years or more than 10 years,

1with opportunity for renewal for additional terms of the same length as the original
2term upon agreement of the parties. The term of a participation contract may not
3exceed 5 years if the participation contract incorporates, modifies, or otherwise
4affects the terms or conditions of a permit issued under s. 283.31, 283.33, or 285.62,
5unless federal and state law authorize a longer term for the permit.
AB228-SSA1,15,86 (k) Review of decision. Notwithstanding s. 227.42, there is no right to an
7administrative hearing on the department's decision to enter into a participation
8contract under par. (j), but the decision is subject to judicial review.
AB228-SSA1,15,11 9(6m) Compliance reports and deferred civil enforcement. (a) Compliance
10reports.
If an audit under sub. (3) (d) 4. or (5) (c) 2. or 3. reveals any violations, the
11participant shall include all of the following in the report of the results of the audit:
AB228-SSA1,15,1212 1. A description of all of the violations.
AB228-SSA1,15,1413 2. A description of the actions taken or proposed to be taken to correct the
14violations identified in subd. 1.
AB228-SSA1,15,1715 3. A commitment to correct the violations identified in subd. 1. within 90 days
16of submitting the report or according to a compliance schedule approved by the
17department.
AB228-SSA1,15,2418 4. If the participant proposes to take more than 90 days after submitting the
19report to correct the violations identified in subd. 1., a proposed compliance schedule
20that contains the shortest reasonable periods for correcting the violations, a
21statement that justifies the proposed compliance schedule, a description of measures
22that the participant will take to minimize the effects of the violations during the
23period of the compliance schedule, and proposed stipulated penalties to be imposed
24if the participant fails to comply with the proposed compliance schedule.
AB228-SSA1,16,2
15. A description of the measures that the participant has taken or will take to
2prevent future violations.
AB228-SSA1,16,133 (b) Compliance schedules. 1. If the department receives a report under par. (a)
4that contains a proposed compliance schedule under par. (a) 4., the department shall
5review the proposed compliance schedule. The department may approve the
6compliance schedule as submitted or propose a different compliance schedule. If the
7participant does not agree to implement a compliance schedule proposed by the
8department, the department shall schedule a meeting with the participant to
9attempt to reach an agreement on a compliance schedule. If the department and the
10participant do not reach an agreement on a compliance schedule, the department
11shall terminate the participation of the participant in the program. If the parties
12agree to a compliance schedule, the participant shall incorporate the compliance
13schedule into its environmental management system.
AB228-SSA1,16,1714 2. The department may not approve a compliance schedule that extends longer
15than 12 months beyond the date of approval of the compliance schedule. The
16department shall consider the following factors in determining whether to approve
17a compliance schedule:
AB228-SSA1,16,1818 a. The environmental and public health consequences of the violations.
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