SB434: Bill Text

SB434,1,12 An Act to renumber 144.955 (1m) (a) to (e); to renumber and amend 146.815 (1); to amend 59.97 (1), 60.61 (2) (a), 62.23 (7) (a), 144.442 (4) (c) 1., 144.955 (intro.) and 146.82 (2) (a) 8.; and to create 1.11 (2) (c) 3m., 15.255 (2), 20.455 (1) (e) and (f), 36.25 (38), 144.442 (9m) (b) 5. c., 144.442 (9m) (c) 8. c., 144.76 (7) (am), 144.955 (1m) (b), 144.957, 146.815 (1) (b), 146.815 (2) (c), 165.35 and 250.04 (3) (b) 5. of the statutes; relating to: the concentration of industrial facilities, requirements for and issuance of environmental permits for certain industrial facilities, enforcement of environmental laws, mitigation of environmental hazards in certain areas, the content of patient health care records, creating an environmental justice board, requiring an annual report on the correlation between certain health problems and the environment, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill creates an environmental justice board (board) in the department of justice. The bill requires the board to study the status of environmental justice in this state. Environmental justice is defined as the state of affairs in which no racial, cultural, ethnic or economic community or sector of the workforce is disproportionately exposed to the health and safety hazards and the economic and aesthetic costs of environmental pollution.

As part of the study of environmental justice, the board is required to prepare an inventory of affected communities in this state. The first inventory must be completed by January 15, 1997. An affected community is a city, village, town, neighborhood or other area that contains or is adjacent to a disproportionately large number of industrial facilities or sites or facilites where wastes have been disposed of that may cause environmental pollution. An industrial facility is a solid or hazardous waste facility or a facility that is required to file toxic chemical release forms under what is commonly known as the community right-to-know law. The requirement to file a toxic chemical release form is triggered by the presence at a facility of a specified amount of certain toxic substances. The bill also requires the board to submit, by January 15, 1999, recommendations for legislation to prevent and mitigate environmental injustice and to promote environmental justice.

Under this bill, beginning on February 1, 1997, and ending on June 30, 2001, the department of natural resources (DNR) may not issue certain types of licenses and permits, including air pollution control permits and water pollution discharge permits, for a proposed industrial facility if the site of the proposed industrial facility is in an affected community or would result in the creation of an affected community, unless there is no feasible alternative site that is not in an affected community and would not create an affected community, the license or permit applicant enters into an agreement with a committe appointed by the governing body of the political subdivision in which the site is located to compensate the affected community and the applicant agrees to implement a pollution prevention program.

The bill requires the board to conduct an education and assistance program to provide information to individuals, groups and local governmental officials in affected communities about the causes of environmental injustice and means to prevent and mitigate environmental injustice and to assist them to prevent and mitigate environmental injustice. The bill also requires the board to administer a program to provide grants to citizen groups and local units of government to promote environmental justice.

Under the bill, persons who apply for certain types of licenses and permits, including air pollution control permits and water pollution discharge permits, for proposed industrial facilities must provide information concerning the potential for public exposure to toxic chemicals through releases from the industrial facilities if the industrial facilities would be located in or would create an affected community. The bill also requires DNR to give priority, in certain programs, to cleanups of environmental pollution at sites located in affected communities or cleanups that would produce reductions in environmental injustice.

Current law requires state agencies to prepare environmental impact statements on proposed major actions that would significantly affect the quality of the human environment. This bill requires each environmental impact statement to include a description of the effect that the proposed action would have on the statewide distribution of industrial facilities and on the concentration of industrial facilities in affected communities. The bill requires DNR to prepare an environmental impact statement for a permit for a proposed industrial facility if construction of the industrial facility would affect or create an affected community.

Currently, hospital inpatient health care records must include, if obtainable, information about the patient's occupation, the industry in which he or she is employed and if there may be a correlation between the patient's health problems and the patient's or his or her parents' occupation.

This bill requires that a hospital inpatient's health care record indicate the presence of facilities that may be sources of environmental pollution in proximity to the patient's home or place of employment. The bill also requires that if the patient's physician reasonably believes that the patient's health problems are related to exposure to environmental pollution, he or she must ensure that the patient's health care record contains specified information about the exposure. The department of health and social services must, under this bill, compile records of health problems related to environmental pollution, conduct studies of the correlation between the incidences of these health problems and the environment in which people having the problems live and work and report its findings annually to the board.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB434, s. 1 Section 1. 1.11 (2) (c) 3m. of the statutes is created to read:

SB434,3,5 1.11 (2) (c) 3m. The effect that the proposed action and alternatives to the proposed action would have on the statewide distribution of industrial facilities, as defined in s. 165.35 (1) (e), and on the concentration of industrial facilities in affected communities, as defined in s. 165.35 (1) (a);

SB434, s. 2 Section 2. 15.255 (2) of the statutes is created to read:

SB434,3,7 15.255 (2) Environmental justice board. (a) In this subsection:

SB434,3,9 1. "African American" means a person whose ancestors originated in any of the black racial groups of Africa.

SB434,3,13 2. "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

SB434,4,2 3. "Asian" means a person whose ancestors originated in Asia south and southeast of the Himalayas and west of Wallace's Line in the Malay Archipelago.

SB434,4,5 4. "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

SB434,4,6 5. "Minority group member" means any of the following:

SB434,4,7 a. An African American.

SB434,4,8 b. An American Indian.

SB434,4,9 c. A Hispanic.

SB434,4,10 d. An Asian.

SB434,4,13 (b) There is created in the department of justice an environmental justice board consisting of the following members appointed by the attorney general for 3-year terms:

SB434,4,14 1. Three residents of affected communities, as defined in s. 165.35 (1) (a).

SB434,4,15 2. Two representatives of political subdivisions serving an affected community.

SB434,4,16 3. Two representatives of industrial facilities, as defined in s. 165.35 (1) (e).

SB434,4,17 4. One civil rights advocate.

SB434,4,18 5. One environmental advocate.

SB434,4,19 6. Two minority group members.

SB434,4,21 (c) The board shall be assisted by a technical advisory committee consisting of the following members:

SB434,5,2 1. A representative of the department of natural resources, a representative of the department of agriculture, trade and consumer protection, a representative of the department of justice, a representative of the department of development and a representative of the department of health and social services, each appointed by the secretary of the respective department.

SB434,5,5 2. Three other members each of whom is a technical expert in a field such as sociology, economics, toxicology, public health or law, appointed by the attorney general.

SB434, s. 3 Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB434, s. 4 Section 4. 20.455 (1) (e) and (f) of the statutes are created to read:

SB434,5,11 20.455 (1) (e) Environmental justice board. Biennially, the amounts in the schedule for the operation of the environmental justice board and the study under s. 165.35 (2).

SB434,5,13 (f) Environmental justice; community grants. Biennially, the amounts in the schedule for environmental justice community grants under s. 165.35 (4).

SB434, s. 5 Section 5. 36.25 (38) of the statutes is created to read:

SB434,5,18 36.25 (38) Environmental justice community education and assistance program. Through the extension, the board shall assist the environmental justice board in implementing the environmental justice community education and assistance program under s. 165.35 (3).

SB434, s. 6 Section 6. 59.97 (1) of the statutes is amended to read:

SB434,6,19 59.97 (1) Purpose. It is the purpose of this section to promote the public health, safety, convenience and general welfare; to encourage planned and orderly land use development; to protect property values and the property tax base; to permit the careful planning and efficient maintenance of highway systems; to ensure adequate highway, utility, health, educational and recreational facilities; to recognize the needs of agriculture, forestry, industry and business in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to preserve wetlands; to conserve soil, water and forest resources; to protect the beauty and amenities of landscape and man-made developments; to provide healthy surroundings for family life; to prevent the concentration of environmentally polluting facilities and activities; and to promote the efficient and economical use of public funds. To accomplish this purpose the county board of any county may plan for the physical development and zoning of territory within the county as set forth in this section and shall incorporate therein the master plan adopted under s. 62.23 (2) or (3) and the official map of any city or village in the county adopted under s. 62.23 (6).

SB434, s. 7 Section 7. 60.61 (2) (a) of the statutes is amended to read:

SB434,7,4 60.61 (2) (a) Regulate, restrict and determine: the areas within which agriculture, forestry, mining and recreation may be conducted; the location of roads, schools, trades and industries; the location, height, bulk, number of stories and size of buildings and other structures; the percentage of a lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the location of buildings designed for specified uses; the trades, industries or purposes that may be engaged in or subject to regulation; the number, spacing and concentration of environmentally polluting facilities and activities; and the uses for which buildings may not be erected or altered.

SB434, s. 8 Section 8. 62.23 (7) (a) of the statutes is amended to read:

SB434,7,17 62.23 (7) (a) Grant of power. For the purpose of promoting health, safety, morals or the general welfare of the community, the council may regulate and restrict by ordinance, subject to par. (hm), the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the number, spacing and concentration of environmentally polluting facilities and activities, and the location and use of buildings, structures and land for trade, industry, mining, residence or other purposes if there is no discrimination against temporary structures. This subsection and any ordinance, resolution or regulation enacted or adopted under this section, shall be liberally construed in favor of the city and as minimum requirements adopted for the purposes stated. This subsection may not be deemed a limitation of any power granted elsewhere.

SB434, s. 9 Section 9. 144.442 (4) (c) 1. of the statutes is amended to read:

SB434,8,5 144.442 (4) (c) 1. The department shall promulgate by rule criteria for determining the ranking of sites and facilities which are included in the inventory under par. (a), based on the degree to which sites or facilities present a substantial danger to public health or welfare or the environment and the potential urgency of taking remedial action. To the extent applicable, the criteria shall be based on the population at risk, the potential for contamination of drinking water supplies, the potential for other direct human contact, the potential for destruction of sensitive ecosystems, the hazard potential of the hazardous substances which may be released and other appropriate factors. The criteria shall give priority to sites and facilities located in affected communities identified under s. 165.35 (2) (a). The department is not required to use hazard ranking criteria promulgated by the federal environmental protection agency under 42 USC 9601, et seq.

SB434, s. 10 Section 10. 144.442 (9m) (b) 5. c. of the statutes is created to read:

SB434,8,8 144.442 (9m) (b) 5. c. The greatest reduction of environmental injustice, as defined in s. 165.35 (1) (c).

SB434, s. 11 Section 11. 144.442 (9m) (c) 8. c. of the statutes is created to read:

SB434,8,11 144.442 (9m) (c) 8. c. The greatest reduction of environmental injustice, as defined in s. 165.35 (1) (c).

SB434, s. 12 Section 12. 144.76 (7) (am) of the statutes is created to read:

SB434,8,15 144.76 (7) (am) If sufficient funds are not available for all appropriate actions under par. (a) at all sites in this state, the department shall give priority to actions at sites located in affected communities, as identified under s. 165.35 (2) (a).

SB434, s. 13 Section 13. 144.955 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB434,8,21 144.955 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the department, the department of development, the council and the program shall promote do all of the following:

SB434,8,22 (a) Promote all of the following techniques for hazardous pollution prevention:

SB434, s. 14 Section 14. 144.955 (1m) (a) to (e) of the statutes are renumbered 144.955 (1m) (a) 1. to 5.

SB434, s. 15 Section 15. 144.955 (1m) (b) of the statutes is created to read:

SB434,9,3 144.955 (1m) (b) Encourage all industrial facilities, as defined in s. 165.35 (1) (e), and other facilities located in affected communities, as identified under s. 165.35 (2) (a) to participate in the program.

SB434, s. 16 Section 16. 144.957 of the statutes is created to read:

SB434,9,5 144.957 Environmental justice. (1) Definitions. In this section:

SB434,9,6 (a) "Affected community" means a community identified under s. 165.35 (2) (a).

SB434,9,7 (b) "Environmental justice" has the meaning given in s. 165.35 (1) (d).

SB434,9,8 (c) "Industrial facility" has the meaning given in s. 165.35 (1) (e).

SB434,9,12 (d) "Permit" means an air pollution control permit, as defined in s. 144.30 (3), an operating license under s. 144.44 (4), a license under s. 144.64 (2), a permit under s. 144.85, a license required under s. 144.942 (2), a permit issued under s. 147.02 or a permit issued under s. 147.021.

SB434,9,13 (e) "Political subdivision" means a city, village or town.

SB434,9,14 (f) "Toxic chemical" means a substance listed under 42 USC 11023 (c).

SB434,9,18 (2) General. Before granting a permit for a new industrial facility, the department shall consider the effect that the proposed industrial facility will have on the distribution of all industrial facilities and on the concentration of industrial facilities in affected communities.

SB434,9,24 (3) Permitting requirement. If the site of a proposed industrial facility is in an affected community or if the construction of a proposed industrial facility would result in the site meeting the criteria under s. 165.35 (1m), the department shall require the applicant to provide information reasonably ascertainable on the potential for public exposure to toxic chemicals through releases from the industrial facility including all of the following:

SB434,10,3 (a) A description of any releases that may be expected to result from normal operations or accidents at the industrial facility, including releases associated with transportation to or from the industrial facility.

SB434,10,6 (b) A description of the possible ways that humans may be exposed to toxic chemicals as a result of a release from the facility, including the potential for groundwater or surface contamination, air emissions or food chain contamination.

SB434,10,8 (c) The potential extent and nature of human exposure to toxic chemicals that may result from a release.

SB434,10,13 (3m) Environmental impact statement. The department shall prepare an environmental impact statement under s. 1.11 (2) for a permit for a proposed industrial facility if the proposed industrial facility would affect an affected community or if the construction of the proposed industrial facility would result in the site of the proposed industrial facility meeting the criteria under s. 165.35 (1m).

SB434,10,19 (4) Enforcement. The department shall, by rule, establish procedures to ensure that all environmental laws and all emissions and discharge limits, design standards and other conditions of permits for industrial facilities in an affected community are strictly enforced. The procedures may include environmental monitoring and reporting requirements and compliance inspections and shall be in addition to the enforcement procedures that apply outside of affected communities.

SB434,10,24 (5) Moratorium. (a) If the site of a proposed industrial facility is in an affected community or if the construction of a proposed industrial facility would result in the area surrounding or adjacent to the site of the proposed industrial facility meeting the criteria under s. 165.35 (1m), the department shall deny any application for a permit for the industrial facility unless all of the following apply:

SB434,11,2 1. There is no feasible alternative site for the industrial facility that is not in an affected community and that would not create an affected community.

SB434,11,13 2. The applicant enters into an agreement, with a local committee consisting of 4 residents of the affected community appointed by the governing body of the political subdivision in which the affected community is located or, if the affected community is located in more than one political subdivision, with a local committee consisting of 4 residents of the affected community appointed by the governing body of each of the political subdivisions in which the affected community is located, to provide compensation to the affected community. The department shall make the compensation agreement a part of any permit for the industrial facility. A compensation agreement is enforceable as are all other terms of the permit. Compensation may take any form agreed to by the applicant and the local committee, including any of the following:

SB434,11,15 a. Job training or educational programs for residents of the affected community.

SB434,11,17 b. Hiring preference at the industrial facility for residents of the affected community.

SB434,11,18 c. Health benefits for residents of the affected community.

SB434,11,20 d. Recreational, cultural or other community facilities in the affected community.

SB434,11,23 3. The applicant agrees to implement a pollution prevention program in cooperation with the University of Wisconsin-Extension and the local committee appointed under par. (a) 2.

SB434,12,3 (b) The governing body of a political subdivision is not required to appoint a local committee under par. (a) 2. A local committee is not required to enter into an agreement under par. (a) 2.

SB434,12,4 (c) Paragraph (a) does not apply after June 30, 2001.

SB434, s. 17 Section 17 . 146.815 (1) of the statutes is renumbered 146.815 (1) (intro.) and amended to read: