SB5, s. 8 5Section 8. 166.215 (2) of the statutes is amended to read:
SB5,4,186 166.215 (2) The division shall reimburse a regional emergency response team
7for costs incurred by the team in responding to an emergency involving a level A
8release under sub. (1), or a potential level A release, if the team followed the
9procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an
10emergency requiring a response existed
. Reimbursement under this subsection is
11limited to amounts collected under sub. (3) and the amounts appropriated under s.
1220.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the
13regional emergency response team has made a good faith effort to identify the person
14responsible under sub. (3) and that person cannot be identified, or, if that person is
15identified, the team has received reimbursement from that person to the extent that
16the person is financially able or has determined that the person does not have
17adequate money or other resources to reimburse the regional emergency response
18team.
SB5, s. 9 19Section 9. 166.215 (3) of the statutes is repealed and recreated to read:
SB5,4,2420 166.215 (3) A person shall reimburse the division for costs incurred by a
21regional emergency response team in responding to an emergency if the team
22followed the procedures established under s. 166.20 (2) (bs) 1. to determine if an
23emergency requiring the team's response existed and if any of the following
24conditions applies:
SB5,5,2
1(a) The person possessed or controlled a hazardous substance that was involved
2in the emergency.
SB5,5,33 (b) The person caused the emergency.
SB5, s. 10 4Section 10. 166.22 (1) (a) of the statutes is repealed.
SB5, s. 11 5Section 11. 166.22 (1) (c) of the statutes is amended to read:
SB5,5,96 166.22 (1) (c) "Local agency" means an agency of a county, city, village, or town,
7including a municipal police or fire department, a municipal health organization, a
8county office of emergency management, a county sheriff, an emergency medical
9service, a local emergency response team, or a public works department.
SB5, s. 12 10Section 12. 166.22 (1) (d) of the statutes is created to read:
SB5,5,1211 166.22 (1) (d) "Local emergency response team" means a team that the
12committee identifies under s. 166.21 (2m) (e).
SB5, s. 13 13Section 13. 166.22 (2) of the statutes is amended to read:
SB5,5,1714 166.22 (2) A person who possesses or controls a hazardous substance that is
15discharged released or who causes the discharge release of a hazardous substance
16shall take the actions necessary to protect public health and safety and prevent
17damage to property.
SB5, s. 14 18Section 14. 166.22 (3) of the statutes is amended to read:
SB5,6,219 166.22 (3) If action required under sub. (2) is not being adequately taken or the
20identity of the person responsible for a discharge an emergency involving a release
21or potential release
of a hazardous substance is unknown and the discharge
22emergency involving a release or potential release threatens public health or safety
23or damage to property, a local agency may take any emergency action that is
24consistent with the contingency plan for the undertaking of emergency actions in
25response to the discharge release or potential release of hazardous substances

1established by the department of natural resources under s. 292.11 (5) and that it
2considers appropriate under the circumstances.
SB5, s. 15 3Section 15. 166.22 (3m) of the statutes is amended to read:
SB5,6,154 166.22 (3m) The division shall reimburse a local emergency response team for
5costs incurred by the team in responding to an emergency involving a hazardous
6substance discharge under sub. (3) release, or potential release, if the team followed
7the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an
8emergency requiring the team's response existed
. Reimbursement under this
9subsection is limited to the amount appropriated under s. 20.465 (3) (dr).
10Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency
11response team has made a good faith effort to identify the person responsible under
12sub. (4) and that person cannot be identified, or, if that person is identified, the team
13has received reimbursement from that person to the extent that the person is
14financially able or has determined that the person does not have adequate money or
15other resources to reimburse the local emergency response team.
SB5, s. 16 16Section 16. 166.22 (4) of the statutes is repealed and recreated to read:
SB5,6,2017 166.22 (4) (a) Except as provided in par. (b), a person shall reimburse a local
18agency as provided in sub. (5) for actual, reasonable, and necessary expenses
19incurred in responding to an emergency involving the release or potential release of
20a hazardous substance if any of the following conditions applies:
SB5,6,2221 1. The person possessed or controlled a hazardous substance involved in the
22emergency.
SB5,6,2323 2. The person caused the emergency.
SB5,7,3
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.
SB5, s. 17 4Section 17. 166.22 (5) (am) of the statutes is amended to read:
SB5,7,75 166.22 (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.
SB5, s. 18 8Section 18. 166.22 (5) (b) of the statutes is amended to read:
SB5,7,159 166.22 (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 from one discharge and are arose from the emergency involving
14the release or potential release of a hazardous substance and that were
incurred by
15all local agencies from which the reviewing entity receives a claim.
SB5, s. 19 16Section 19. 895.483 (title) of the statutes is amended to read:
SB5,7,18 17895.483 (title) Civil liability exemption; regional and county local
18emergency response teams and their sponsoring agencies.
SB5, s. 20 19Section 20. 895.483 (2) of the statutes is amended to read:
SB5,7,2320 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).
SB5, s. 21 24Section 21. Initial applicability; military affairs.
SB5,8,3
1(1) Emergency response. This act first applies to emergencies involving the
2release or potential release of hazardous substances that occur on the effective date
3of this subsection.
SB5,8,44 (End)
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