1995 - 1996 LEGISLATURE
November 22, 1995 - Introduced by Senators Moore, Burke, George and Risser,
cosponsored by Representatives
Bock, R. Young, Boyle, Riley and Baldwin.
Referred to Committee on Environment and Energy.
SB434,1,12
1An Act to renumber 144.955 (1m) (a) to (e);
to renumber and amend 146.815
2(1);
to amend 59.97 (1), 60.61 (2) (a), 62.23 (7) (a), 144.442 (4) (c) 1., 144.955
3(intro.) and 146.82 (2) (a) 8.; and
to create 1.11 (2) (c) 3m., 15.255 (2), 20.455
4(1) (e) and (f), 36.25 (38), 144.442 (9m) (b) 5. c., 144.442 (9m) (c) 8. c., 144.76 (7)
5(am), 144.955 (1m) (b), 144.957, 146.815 (1) (b), 146.815 (2) (c), 165.35 and
6250.04 (3) (b) 5. of the statutes;
relating to: the concentration of industrial
7facilities, requirements for and issuance of environmental permits for certain
8industrial facilities, enforcement of environmental laws, mitigation of
9environmental hazards in certain areas, the content of patient health care
10records, creating an environmental justice board, requiring an annual report
11on the correlation between certain health problems and the environment,
12granting 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
1Section
1. 1.11 (2) (c) 3m. of the statutes is created to read:
SB434,3,52
1.11
(2) (c) 3m. The effect that the proposed action and alternatives to the
3proposed action would have on the statewide distribution of industrial facilities, as
4defined in s. 165.35 (1) (e), and on the concentration of industrial facilities in affected
5communities, as defined in s. 165.35 (1) (a);
SB434, s. 2
6Section
2. 15.255 (2) of the statutes is created to read:
SB434,3,77
15.255
(2) Environmental justice board. (a) In this subsection:
SB434,3,98
1. "African American" means a person whose ancestors originated in any of the
9black racial groups of Africa.
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2. "American Indian" means a person who is enrolled as a member of a federally
11recognized American Indian tribe or band or who possesses documentation of at least
12one-fourth American Indian ancestry or documentation of tribal recognition as an
13American Indian.
SB434,4,2
13. "Asian" means a person whose ancestors originated in Asia south and
2southeast of the Himalayas and west of Wallace's Line in the Malay Archipelago.
SB434,4,53
4. "Hispanic" means a person of any race whose ancestors originated in Mexico,
4Puerto Rico, Cuba, Central America or South America or whose culture or origin is
5Spanish.
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5. "Minority group member" means any of the following:
SB434,4,77
a. An African American.
SB434,4,88
b. An American Indian.
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c. A Hispanic.
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d. An Asian.
SB434,4,1311
(b) There is created in the department of justice an environmental justice board
12consisting of the following members appointed by the attorney general for 3-year
13terms:
SB434,4,1414
1. Three residents of affected communities, as defined in s. 165.35 (1) (a).
SB434,4,1515
2. Two representatives of political subdivisions serving an affected community.
SB434,4,1616
3. Two representatives of industrial facilities, as defined in s. 165.35 (1) (e).
SB434,4,1717
4. One civil rights advocate.
SB434,4,1818
5. One environmental advocate.
SB434,4,1919
6. Two minority group members.
SB434,4,2120
(c) The board shall be assisted by a technical advisory committee consisting of
21the following members:
SB434,5,222
1. A representative of the department of natural resources, a representative of
23the department of agriculture, trade and consumer protection, a representative of
24the department of justice, a representative of the department of development and a
1representative of the department of health and social services, each appointed by the
2secretary of the respective department.
SB434,5,53
2. Three other members each of whom is a technical expert in a field such as
4sociology, economics, toxicology, public health or law, appointed by the attorney
5general.
SB434, s. 3
6Section
3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB434, s. 4
8Section
4. 20.455 (1) (e) and (f) of the statutes are created to read:
SB434,5,119
20.455
(1) (e)
Environmental justice board. Biennially, the amounts in the
10schedule for the operation of the environmental justice board and the study under
11s. 165.35 (2).
SB434,5,1312
(f)
Environmental justice; community grants. Biennially, the amounts in the
13schedule for environmental justice community grants under s. 165.35 (4).
SB434, s. 5
14Section
5. 36.25 (38) of the statutes is created to read:
SB434,5,1815
36.25
(38) Environmental justice community education and assistance
16program. Through the extension, the board shall assist the environmental justice
17board in implementing the environmental justice community education and
18assistance program under s. 165.35 (3).
SB434, s. 6
1Section
6. 59.97 (1) of the statutes is amended to read:
SB434,6,192
59.97
(1) Purpose. It is the purpose of this section to promote the public health,
3safety, convenience and general welfare; to encourage planned and orderly land use
4development; to protect property values and the property tax base; to permit the
5careful planning and efficient maintenance of highway systems; to ensure adequate
6highway, utility, health, educational and recreational facilities; to recognize the
7needs of agriculture, forestry, industry and business in future growth; to encourage
8uses of land and other natural resources which are in accordance with their character
9and adaptability; to provide adequate light and air, including access to sunlight for
10solar collectors and to wind for wind energy systems; to encourage the protection of
11groundwater resources; to preserve wetlands; to conserve soil, water and forest
12resources; to protect the beauty and amenities of landscape and man-made
13developments; to provide healthy surroundings for family life;
to prevent the
14concentration of environmentally polluting facilities and activities; and to promote
15the efficient and economical use of public funds. To accomplish this purpose the
16county board of any county may plan for the physical development and zoning of
17territory within the county as set forth in this section and shall incorporate therein
18the master plan adopted under s. 62.23 (2) or (3) and the official map of any city or
19village in the county adopted under s. 62.23 (6).
SB434, s. 7
20Section
7. 60.61 (2) (a) of the statutes is amended to read:
SB434,7,421
60.61
(2) (a) Regulate, restrict and determine: the areas within which
22agriculture, forestry, mining and recreation may be conducted; the location of roads,
23schools, trades and industries; the location, height, bulk, number of stories and size
24of buildings and other structures; the percentage of a lot which may be occupied; the
25size of yards, courts and other open spaces; the density and distribution of
1population; the location of buildings designed for specified uses; the trades,
2industries or purposes that may be engaged in or subject to regulation;
the number,
3spacing and concentration of environmentally polluting facilities and activities; and
4the uses for which buildings may not be erected or altered.
SB434, s. 8
5Section
8. 62.23 (7) (a) of the statutes is amended to read:
SB434,7,176
62.23
(7) (a)
Grant of power. For the purpose of promoting health, safety,
7morals or the general welfare of the community, the council may regulate and restrict
8by ordinance, subject to par. (hm), the height, number of stories and size of buildings
9and other structures, the percentage of lot that may be occupied, the size of yards,
10courts and other open spaces, the density of population,
the number, spacing and
11concentration of environmentally polluting facilities and activities, and the location
12and use of buildings, structures and land for trade, industry, mining, residence or
13other purposes if there is no discrimination against temporary structures. This
14subsection and any ordinance, resolution or regulation enacted or adopted under this
15section, shall be liberally construed in favor of the city and as minimum
16requirements adopted for the purposes stated. This subsection may not be deemed
17a limitation of any power granted elsewhere.
SB434, s. 9
18Section
9. 144.442 (4) (c) 1. of the statutes is amended to read:
SB434,8,519
144.442
(4) (c) 1. The department shall promulgate by rule criteria for
20determining the ranking of sites and facilities which are included in the inventory
21under par. (a), based on the degree to which sites or facilities present a substantial
22danger to public health or welfare or the environment and the potential urgency of
23taking remedial action. To the extent applicable, the criteria shall be based on the
24population at risk, the potential for contamination of drinking water supplies, the
25potential for other direct human contact, the potential for destruction of sensitive
1ecosystems, the hazard potential of the hazardous substances which may be released
2and other appropriate factors.
The criteria shall give priority to sites and facilities
3located in affected communities identified under s. 165.35 (2) (a). The department
4is not required to use hazard ranking criteria promulgated by the federal
5environmental protection agency under
42 USC 9601, et seq.
SB434, s. 10
6Section
10. 144.442 (9m) (b) 5. c. of the statutes is created to read:
SB434,8,87
144.442
(9m) (b) 5. c. The greatest reduction of environmental injustice, as
8defined in s. 165.35 (1) (c).
SB434, s. 11
9Section
11. 144.442 (9m) (c) 8. c. of the statutes is created to read:
SB434,8,1110
144.442
(9m) (c) 8. c. The greatest reduction of environmental injustice, as
11defined in s. 165.35 (1) (c).
SB434, s. 12
12Section
12. 144.76 (7) (am) of the statutes is created to read:
SB434,8,1513
144.76
(7) (am) If sufficient funds are not available for all appropriate actions
14under par. (a) at all sites in this state, the department shall give priority to actions
15at sites located in affected communities, as identified under s. 165.35 (2) (a).
SB434,8,2118
144.955
(1m) Promotion of hazardous pollution prevention. (intro.) In
19carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the
20department, the department of development, the council and the program shall
21promote do all of the following:
SB434,8,22
22(a) Promote all of the following techniques for hazardous pollution prevention:
SB434, s. 14
23Section
14. 144.955 (1m) (a) to (e) of the statutes are renumbered 144.955 (1m)
24(a) 1. to 5.
SB434, s. 15
25Section
15. 144.955 (1m) (b) of the statutes is created to read:
SB434,9,3
1144.955
(1m) (b) Encourage all industrial facilities, as defined in s. 165.35 (1)
2(e), and other facilities located in affected communities, as identified under s. 165.35
3(2) (a) to participate in the program.
SB434, s. 16
4Section
16. 144.957 of the statutes is created to read:
SB434,9,5
5144.957 Environmental justice. (1) Definitions. In this section:
SB434,9,66
(a) "Affected community" means a community identified under s. 165.35 (2) (a).
SB434,9,77
(b) "Environmental justice" has the meaning given in s. 165.35 (1) (d).
SB434,9,88
(c) "Industrial facility" has the meaning given in s. 165.35 (1) (e).
SB434,9,129
(d) "Permit" means an air pollution control permit, as defined in s. 144.30 (3),
10an operating license under s. 144.44 (4), a license under s. 144.64 (2), a permit under
11s. 144.85, a license required under s. 144.942 (2), a permit issued under s. 147.02 or
12a permit issued under s. 147.021.
SB434,9,1313
(e) "Political subdivision" means a city, village or town.
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(f) "Toxic chemical" means a substance listed under
42 USC 11023 (c).
SB434,9,18
15(2) General. Before granting a permit for a new industrial facility, the
16department shall consider the effect that the proposed industrial facility will have
17on the distribution of all industrial facilities and on the concentration of industrial
18facilities in affected communities.
SB434,9,24
19(3) Permitting requirement. If the site of a proposed industrial facility is in
20an affected community or if the construction of a proposed industrial facility would
21result in the site meeting the criteria under s. 165.35 (1m), the department shall
22require the applicant to provide information reasonably ascertainable on the
23potential for public exposure to toxic chemicals through releases from the industrial
24facility including all of the following:
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1(a) A description of any releases that may be expected to result from normal
2operations or accidents at the industrial facility, including releases associated with
3transportation to or from the industrial facility.
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(b) A description of the possible ways that humans may be exposed to toxic
5chemicals as a result of a release from the facility, including the potential for
6groundwater or surface contamination, air emissions or food chain contamination.
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(c) The potential extent and nature of human exposure to toxic chemicals that
8may result from a release.
SB434,10,13
9(3m) Environmental impact statement. The department shall prepare an
10environmental impact statement under s. 1.11 (2) for a permit for a proposed
11industrial facility if the proposed industrial facility would affect an affected
12community or if the construction of the proposed industrial facility would result in
13the site of the proposed industrial facility meeting the criteria under s. 165.35 (1m).
SB434,10,19
14(4) Enforcement. The department shall, by rule, establish procedures to
15ensure that all environmental laws and all emissions and discharge limits, design
16standards and other conditions of permits for industrial facilities in an affected
17community are strictly enforced. The procedures may include environmental
18monitoring and reporting requirements and compliance inspections and shall be in
19addition to the enforcement procedures that apply outside of affected communities.
SB434,10,24
20(5) Moratorium. (a) If the site of a proposed industrial facility is in an affected
21community or if the construction of a proposed industrial facility would result in the
22area surrounding or adjacent to the site of the proposed industrial facility meeting
23the criteria under s. 165.35 (1m), the department shall deny any application for a
24permit for the industrial facility unless all of the following apply:
SB434,11,2
11. There is no feasible alternative site for the industrial facility that is not in
2an affected community and that would not create an affected community.