AB700,14,1211 (b) Enforcement record. To be eligible to participate in tier II of the program,
12an applicant shall demonstrate all of the following:
AB700,14,1813 1. That, within 120 months before the date of application, no judgment of
14conviction was entered against the applicant, any managing operator of the
15applicant, or any person with a 25 percent or more ownership interest in the
16applicant for a criminal violation involving a covered facility or activity that resulted
17in substantial harm to public health or the environment or that presented an
18imminent threat to public health or the environment.
AB700,14,2319 1g. That, within 120 months before the date of application, no judgment of
20conviction was entered against the applicant, any managing operator of the
21applicant, or any person with a 25 percent or more ownership interest in the
22applicant for a false statement or obstructing justice with respect to an
23environmental requirement in a matter that involves a covered facility or activity.
AB700,15,324 1m. That, within 120 months before the date of application, no judgment was
25entered against the applicant, any managing operator of the applicant, or any person

1with a 25 percent or more ownership interest in the applicant for violating an
2administrative order issued by the federal environmental protection agency in a
3matter that involves a covered facility or activity.
AB700,15,94 1r. That, within 120 months before the date of application, no judgment was
5entered against the applicant, any managing operator of the applicant, or any person
6with a 25 percent or more ownership interest in the applicant for violating a consent
7decree or settlement agreement with an individual, this state, or the federal
8government in a matter that is related to a law for the protection of the natural
9environment and that involves a covered facility or activity.
AB700,15,1410 2. That, within 60 months before the date of application, no civil judgment was
11entered against the applicant, any managing operator of the applicant, or any person
12with a 25 percent or more ownership interest in the applicant for a violation involving
13a covered facility or activity that resulted in substantial harm to public health or the
14environment.
AB700,15,1915 3. That, within 24 months before the date of application, the department of
16justice has not filed a suit to enforce an environmental requirement, and the
17department of natural resources has not issued a citation to enforce an
18environmental requirement, because of a violation involving a covered facility or
19activity.
AB700,15,2120 (c) Environmental management system. To be eligible to participate in tier II
21of the program, an applicant shall do all of the following:
AB700,15,2322 1. Demonstrate that it has implemented an environmental management
23system, for each covered facility or activity, that is all of the following:
AB700,16,3
1a. In compliance with the standards for environmental management systems
2issued by the International Organization for Standardization or determined by the
3department to be a functionally equivalent environmental management system.
AB700,16,64 b. Determined by the department to be appropriate to the nature, scale, and
5environmental impacts of the applicant's operations related to to each covered
6facility or activity.
AB700,16,107 2. Commit itself to having an outside environmental auditor approved by the
8department conduct an annual environmental management system audit and to
9submitting to the department an annual report on the environmental management
10system audit that is in compliance with sub. (6m) (a).
AB700,16,1411 3. Commit itself to annually conducting, or having another person conduct, an
12audit of compliance with environmental requirements that are applicable to the
13covered facilities and activities and to reporting the results of the audit to the
14department in compliance with sub. (6m) (a).
AB700,16,1815 (d) Superior environmental performance. To be eligible to participate in tier II
16of the program, an applicant shall demonstrate a record of superior environmental
17performance and shall describe the measures that it proposes to take to maintain and
18improve its superior environmental performance.
AB700,16,23 19(6) Process for tier ii. (a) Letter of intent. To apply for participation in tier
20II of the program, an entity shall submit a letter of intent to the department. In
21addition to providing information necessary to show that the applicant satisfies the
22requirements in sub. (5), the applicant shall do all of the following in the letter of
23intent:
AB700,17,224 1. Describe the involvement of interested persons in developing the proposal
25for maintaining and improving the applicant's superior environmental performance,

1identify the interested persons, and describe the interests that those person have in
2the applicant's participation in the program.
AB700,17,43 2. Outline the provisions that it proposes to include in the participation
4contract.
AB700,17,75 3. Explain how the measures that the applicant proposes to take to maintain
6and improve its superior environmental performance are proportional to the
7incentives that it proposes to receive under the participation contract.
AB700,17,98 (b) Limitation. The department may limit the number of letters of intent that
9it processes based on the staff resources available.
AB700,17,1310 (c) Notice. If the department decides to process a letter of intent, within 90 days
11of receiving the letter of intent the department shall provide public notice about the
12letter of intent in the area in which each covered facility or activity is located or
13performed.
AB700,17,1614 (d) Public meeting. After providing public notice under par. (c) about a letter
15of intent, the department may hold a public informational meeting on the letter of
16intent.
AB700,17,2417 (e) Request to participate. Within 30 days after the public notice under par. (c),
18interested persons may request the department to grant them authorization to
19participate in the negotiations under par. (f). A person who makes a request under
20this paragraph shall describe the person's interests in the issues raised by the letter
21of intent. The department shall determine whether a person who makes a request
22under this paragraph may participate in the negotiations under par. (f) based on
23whether the person has demonstrated sufficient interest in the issues raised by the
24letter of intent to warrant that participation.
AB700,18,6
1(f) Negotiations. If the department determines that an applicant satisfies the
2requirements in sub. (5), the department may begin negotiations concerning a
3participation contract with the applicant and with any persons to whom the
4department granted permission under par. (e). The department may begin the
5negotiations no sooner than 30 days after providing public notice under par. (c) about
6the applicant's letter of intent.
AB700,18,117 (g) Termination of negotiations. The department may terminate negotiations
8with an applicant concerning a participation contract. Notwithstanding s. 227.42
9(1), a decision to terminate negotiations is not subject to review under ch. 227. The
10department shall conclude negotiations within 12 months of beginning negotiations
11unless the applicant and the department agree to an extension.
AB700,18,1512 (h) Notice of proposed contract. If negotiations under par. (f) result in a
13proposed participation contract, the department shall provide public notice about
14the proposed participation contract in the area in which each covered facility or
15activity is located or performed.
AB700,18,1816 (i) Meeting on proposed contract. After providing public notice under par. (h)
17about a proposed participation contract, the department may hold a public
18informational meeting on the proposed participation contract.
AB700,19,1319 (j) Participation contract. Within 30 days after providing notice under par. (h)
20or, if the department holds a public informational meeting under par. (i), within 30
21days after that meeting, the department shall decide whether to enter into a
22participation contract with an applicant, unless the applicant and the department
23agree to an extension beyond 30 days. In a participation contract, the department
24shall require that the participant maintain the environmental management system
25described in sub. (5) (c) 1. and abide by the commitments in sub. (5) (c) 2. and 3. The

1department may not reduce the frequency of required inspections or monitoring as
2an incentive in a participation contract if the audit under sub. (5) (c) 3. is conducted
3by a person other than an outside environmental auditor. The department shall
4ensure that the incentives provided under a participation contract are proportional
5to the environmental benefits that will be provided by the participant under the
6participation contract. The department shall include in a participation contract
7remedies that apply if a party fails to comply with the participation contract. The
8term of a participation contract may not be less than 3 years or more than 10 years,
9with opportunity for renewal for additional terms of the same length as the original
10term upon agreement of the parties. The term of a participation contract may not
11exceed 5 years if the participation contract incorporates, modifies, or otherwise
12affects the terms or conditions of a permit issued under s. 283.31, 283.33, or 285.62,
13unless federal and state law authorize a longer term for the permit.
AB700,19,1614 (k) Review of decision. Notwithstanding s. 227.42, there is no right to an
15administrative hearing on the department's decision to enter into a participation
16contract under par. (j), but the decision is subject to judicial review.
AB700,19,19 17(6m) Compliance reports and deferred civil enforcement. (a) Compliance
18reports.
If an audit under sub. (3) (d) 4. or (5) (c) 2. or 3. reveals any violations, the
19participant shall include all of the following in the report of the results of the audit:
AB700,19,2020 1. A description of all of the violations.
AB700,19,2221 2. A description of the actions taken or proposed to be taken to correct the
22violations identified in subd. 1.
AB700,19,2523 3. A commitment to correct the violations identified in subd. 1. within 90 days
24of submitting the report or according to a compliance schedule approved by the
25department.
AB700,20,7
14. If the participant proposes to take more than 90 days after submitting the
2report to correct the violations identified in subd. 1., a proposed compliance schedule
3that contains the shortest reasonable periods for correcting the violations, a
4statement that justifies the proposed compliance schedule, a description of measures
5that the participant will take to minimize the effects of the violations during the
6period of the compliance schedule, and proposed stipulated penalties to be imposed
7if the participant fails to comply with the proposed compliance schedule.
AB700,20,98 5. A description of the measures that the participant has taken or will take to
9prevent future violations.
AB700,20,2010 (b) Compliance schedules. 1. If the department receives a report under par. (a)
11that contains a proposed compliance schedule under par. (a) 4., the department shall
12review the proposed compliance schedule. The department may approve the
13compliance schedule as submitted or propose a different compliance schedule. If the
14participant does not agree to implement a compliance schedule proposed by the
15department, the department shall schedule a meeting with the participant to
16attempt to reach an agreement on a compliance schedule. If the department and the
17participant do not reach an agreement on a compliance schedule, the department
18shall terminate the participation of the participant in the program. If the parties
19agree to a compliance schedule, the participant shall incorporate the compliance
20schedule into its environmental management system.
AB700,20,2421 2. The department may not approve a compliance schedule that extends longer
22than 12 months beyond the date of approval of the compliance schedule. The
23department shall consider the following factors in determining whether to approve
24a compliance schedule:
AB700,20,2525 a. The environmental and public health consequences of the violations.
AB700,21,3
1b. The time needed to implement a change in raw materials or method of
2production if that change is an available alternative to other methods of correcting
3the violations.
AB700,21,54 c. The time needed to purchase any equipment or supplies that are needed to
5correct the violations.
AB700,21,136 (c) Stipulated penalties. If the department receives a report under par. (a) that
7contains proposed stipulated penalties under par. (a) 4., the department shall review
8the proposed stipulated penalties. The department may approve the stipulated
9penalties as submitted or propose different stipulated penalties. If the participant
10does not agree to stipulated penalties proposed by the department, the department
11shall schedule a meeting with the participant to attempt to reach an agreement on
12stipulated penalties. If no agreement is reached, there are no stipulated penalties
13for failure to comply with the compliance schedule.
AB700,21,1714 (d) Deferred civil enforcement. 1. a. If a participant in the program corrects
15violations that are disclosed in a report that meets the requirements of par. (a) within
1690 days after the department receives the report, this state may not bring a civil
17action to collect forfeitures for the violations.
AB700,22,218 b. This state may not begin a civil action to collect forfeitures for violations
19covered by a compliance schedule that is approved under par. (b) during the period
20of the compliance schedule if the participant is in compliance with the compliance
21schedule. If the participant fails to comply with the compliance schedule and there
22are stipulated penalties, the department may collect any stipulated penalties or may
23terminate participation in the program. If the participant fails to comply with the
24compliance schedule and there are no stipulated penalties, the department may
25terminate participation in the program. After the department terminates

1participation in the program, this state may begin a civil action to collect forfeitures
2for the violations.
AB700,22,53 c. If the department approves a compliance schedule under par. (b) and the
4participant corrects the violations according to the compliance schedule, this state
5may not bring a civil action to collect forfeitures for the violations.
AB700,22,76 2. Notwithstanding subd. 1., this state may at any time begin a civil action to
7collect a forfeiture for a violation if any of the following apply:
AB700,22,98 a. The violation presents an imminent threat to public health or the
9environment or may cause serious harm to public health or the environment.
AB700,22,1110 b. The department discovers the violation before submission of a report that
11meets the requirement of par. (a).
AB700,22,14 12(7) Suspension or termination of participation. (a) The department may
13suspend or terminate the participation of a participant in the program at the request
14of the participant.
AB700,22,2015 (b) The department may terminate the participation of a participant in the
16program if a judgment is entered against the participant, any managing operator of
17the participant, or any person with a 25 percent or more ownership interest in the
18participant for a criminal or civil violation involving a covered facility or activity that
19resulted in substantial harm to public health or the environment or that presented
20an imminent threat to public health or the environment.
AB700,23,221 (c) The department may suspend the participation of a participant in the
22program if the department determines that the participant, any managing operator
23of the participant, or any person with a 25 percent or more ownership interest in the
24participant committed a criminal or civil violation involving a covered facility or
25activity that resulted in substantial harm to public health or the environment or that

1presented an imminent threat to public health or the environment and the
2department refers the matter to the department of justice for prosecution.
AB700,23,73 (d) The department may suspend or terminate the participation of a
4participant in tier I of the program if the participant does not implement, or fails to
5maintain, the environmental management system described in sub. (3) (d) 1., fails
6to conduct annual audits described in sub. (3) (d) 4., or fails to submit annual reports
7described in sub. (3) (d) 5.
AB700,23,108 (e) The department may, after an opportunity for a hearing, terminate a
9participation contract if the department determines that the participant is in
10substantial noncompliance with the participation contract.
AB700,23,1311 (f) A person who is not a party to a participation contract, but who believes that
12a participant is in substantial noncompliance with a participation contract, may ask
13the department to terminate a participation contract under par. (e).
AB700,23,20 14(7e) Charters. (a) The department may issue an environmental results
15charter to an association of entities to assist the entities to participate in tier I or tier
16II of the program and to achieve superior environmental performance. An
17association to which a charter is issued may consist of private entities, public
18entities, or a combination of private and public entities. An association to which a
19charter is issued may be organized on any basis that helps to achieve superior
20environmental performance.
AB700,23,2521 (b) In a charter, the entities in the association shall describe the goals of the
22association, the responsibilities of the entities, and the activities that the entities will
23engage in to accomplish their goals. The term of a charter may not be less than 3
24years or more than 10 years, with the opportunity for renewal for additional terms
25of the same length upon the agreement of the entities and the department.
AB700,24,7
1(c) The department may not issue a charter unless the department determines
2that the entities in the association have the resources to carry out the charter. Before
3issuing a proposed charter, the department shall provide public notice of the
4proposed charter in the areas in which the activities under the charter will be
5engaged in. After providing public notice and before issuing a proposed charter, the
6department shall hold a public informational hearing on the proposed charter. A
7decision by the department to issue a charter is not subject to review under ch. 227.
AB700,24,98 (d) An association to which a charter has been issued shall report annually to
9the department on the activities that have been engaged in under the charter.
AB700,24,1410 (e) The department may, after an opportunity for a hearing, terminate a charter
11if the department determines that the entities in the chartered association are in
12substantial noncompliance with the charter. Any person who has evidence that the
13entities in a chartered association are not in compliance with a charter may ask the
14department to terminate the charter.
AB700,24,19 15(7m) Environmental auditors. The department may not approve an outside
16environmental auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the outside
17environmental auditor is certified by the Registrar Accreditation Board or meets
18criteria concerning education, training, experience, and performance that are equal
19to the criteria in International Organization for Standardization guidance 19011.
AB700,24,22 20(7s) Access to records. (a) Except as provided in par. (c), the department shall
21make any record, report, or other information obtained in the administration of this
22section available to the public.
AB700,25,323 (c) The department shall keep confidential any part of a record, report, or other
24information obtained in the administration of this section, other than emission data
25or discharge data, upon receiving an application for confidential status by any person

1containing a showing satisfactory to the department that the part of a record, report,
2or other information would, if made public, divulge a method or process that is
3entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
AB700,25,84 (d) If the department refuses to release information on the grounds that it is
5confidential under par. (c) and a person challenges that refusal, the department shall
6inform the affected participant of that challenge. Unless the participant authorizes
7the department to release the information, the participant shall pay the reasonable
8costs incurred by this state to defend the refusal to release the information.
AB700,25,149 (e) Paragraph (c) does not prevent the disclosure of any information to a
10representative of the department for the purpose of administering this section or to
11an officer, employee, or authorized representative of the federal government for the
12purpose of administering federal law. When the department provides information
13that is confidential under par. (c) to the federal government, the department shall
14also provide a copy of the application for confidential status.
AB700,25,17 15(8) Powers and duties of the department. (a) To facilitate the process under
16sub. (6), the department shall develop model terms that may be used in participation
17contracts.
AB700,25,2118 (b) After consultations with interested persons, the department shall annually
19establish a list identifying aspects of superior environmental performance that the
20department will use to identify which letters of intent it will process under sub. (6)
21in the following year and the order in which it will process the letters of intent.
AB700,25,2522 (c) The department may promulgate rules for the administration of the
23program. In the rules, the department may specify incentives, that are consistent
24with federal laws and other state laws, that the department may provide to
25participants in tier II of the program.
AB700,26,4
1(d) The department shall encourage small businesses, agricultural
2organizations, entities that are not subject to environmental requirements, local
3governments, and other entities to form groups to work cooperatively on projects to
4achieve superior environmental performance.
AB700,26,55 (e) The department shall select a logo for the program.
AB700,26,106 (f) The department and the department of commerce shall jointly provide
7information about participation contracts and environmental management systems
8to potential participants in the program and to other interested persons. The
9department shall consult with the department of commerce about the
10administration of the program.
AB700,26,1811 (g) The department shall collect, process, evaluate, and disseminate data and
12information about environmentally beneficial and innovative practices submitted by
13participants in the program. The department may conduct or direct studies,
14experiments, or research related to the program in cooperation with participants and
15other interested persons. The department may enter into agreements with the
16Robert M. La Follette institute of public affairs at the University of
17Wisconsin-Madison to assist in the promotion, administration, or evaluation of the
18program.
AB700,26,2219 (h) The department shall submit a progress report on the program to the
20legislature, in the manner provided in s. 13.172 (2), no later than the first day of the
2136th month beginning after the effective date of this paragraph .... [revisor inserts
22date], and every 2 years after it submits the first report.
AB700,26,2423 (i) The department shall implement a process to obtain advice from a balanced
24public group about all of the following:
AB700,27,2
11. The implementation and operation of the program, including the setting of
2goals and priorities for the program.
AB700,27,53 2. Evaluating the costs of applying for the program and of entering into a
4participation contract or a charter and the administrative costs of participating in
5the program.
AB700,27,86 3. Assessing whether incentives provided under a participation contract are
7proportional to the environmental benefits committed to under a participation
8contract.
AB700,27,99 4. Procedures for evaluating the program and the results of the program.
AB700,27,1010 5. Changes that should be made in the program.
AB700,27,13 11(9) Penalty. Any person who intentionally makes a false statement in material
12submitted under this section shall be fined not less than $10 nor more than $10,000
13or imprisoned for not more than 6 months or both.
AB700,27,15 14(10) Sunset. The department may not process or approve any application for
15participation in the program that it receives after July 1, 2009.
AB700,27,1616 (End)
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