SB61,15,1716 1. Demonstrate that it has implemented an environmental management
17system, for each covered facility or activity, that is all of the following:
SB61,15,2018 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.
SB61,15,2321 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.
SB61,16,224 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).
SB61,16,63 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).
SB61,16,107 (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.
SB61,16,15 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:
SB61,16,1916 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.
SB61,16,2120 2. Outline the provisions that it proposes to include in the participation
21contract.
SB61,16,2422 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.
SB61,17,2
1(b) Limitation. The department may limit the number of letters of intent that
2it processes based on the staff resources available.
SB61,17,63 (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.
SB61,17,97 (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.
SB61,17,1710 (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.
SB61,17,2318 (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.
SB61,18,324 (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.
SB61,18,74 (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.
SB61,18,108 (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.
SB61,19,511 (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.
SB61,19,86 (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.
SB61,19,11 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:
SB61,19,1212 1. A description of all of the violations.
SB61,19,1413 2. A description of the actions taken or proposed to be taken to correct the
14violations identified in subd. 1.
SB61,19,1715 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.
SB61,19,2418 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.
SB61,20,2
15. A description of the measures that the participant has taken or will take to
2prevent future violations.
SB61,20,133 (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.
SB61,20,1714 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:
SB61,20,1818 a. The environmental and public health consequences of the violations.
SB61,20,2119 b. The time needed to implement a change in raw materials or method of
20production if that change is an available alternative to other methods of correcting
21the violations.
SB61,20,2322 c. The time needed to purchase any equipment or supplies that are needed to
23correct the violations.
SB61,21,624 (c) Stipulated penalties. If the department receives a report under par. (a) that
25contains proposed stipulated penalties under par. (a) 4., the department shall review

1the proposed stipulated penalties. The department may approve the stipulated
2penalties as submitted or propose different stipulated penalties. If the participant
3does not agree to stipulated penalties proposed by the department, the department
4shall schedule a meeting with the participant to attempt to reach an agreement on
5stipulated penalties. If no agreement is reached, there are no stipulated penalties
6for failure to comply with the compliance schedule.
SB61,21,107 (d) Deferred civil enforcement. 1. a. If a participant in the program corrects
8violations that are disclosed in a report that meets the requirements of par. (a) within
990 days after the department receives the report, this state may not bring a civil
10action to collect forfeitures for the violations.
SB61,21,2011 b. This state may not begin a civil action to collect forfeitures for violations
12covered by a compliance schedule that is approved under par. (b) during the period
13of the compliance schedule if the participant is in compliance with the compliance
14schedule. If the participant fails to comply with the compliance schedule and there
15are stipulated penalties, the department may collect any stipulated penalties or may
16terminate participation in the program. If the participant fails to comply with the
17compliance schedule and there are no stipulated penalties, the department may
18terminate participation in the program. After the department terminates
19participation in the program, this state may begin a civil action to collect forfeitures
20for the violations.
SB61,21,2321 c. If the department approves a compliance schedule under par. (b) and the
22participant corrects the violations according to the compliance schedule, this state
23may not bring a civil action to collect forfeitures for the violations.
SB61,21,2524 2. Notwithstanding subd. 1., this state may at any time begin a civil action to
25collect a forfeiture for a violation if any of the following apply:
SB61,22,2
1a. The violation presents an imminent threat to public health or the
2environment or may cause serious harm to public health or the environment.
SB61,22,43 b. The department discovers the violation before submission of a report that
4meets the requirement of par. (a).
SB61,22,7 5(7) Suspension or termination of participation. (a) The department may
6suspend or terminate the participation of a participant in the program at the request
7of the participant.
SB61,22,138 (b) The department may terminate the participation of a participant in the
9program if a judgment is entered against the participant, any managing operator of
10the participant, or any person with a 25% or more ownership interest in the
11participant for a criminal or civil violation involving a covered facility or activity that
12resulted in substantial harm to public health or the environment or that presented
13an imminent threat to public health or the environment.
SB61,22,2014 (c) The department may suspend the participation of a participant in the
15program if the department determines that the participant, any managing operator
16of the participant, or any person with a 25% or more ownership interest in the
17participant committed a criminal or civil violation involving a covered facility or
18activity that resulted in substantial harm to public health or the environment or that
19presented an imminent threat to public health or the environment and the
20department refers the matter to the department of justice for prosecution.
SB61,22,2521 (d) The department may suspend or terminate the participation of a
22participant in tier I of the program if the participant does not implement, or fails to
23maintain, the environmental management system described in sub. (3) (d) 1., fails
24to conduct annual audits described in sub. (3) (d) 4., or fails to submit annual reports
25described in sub. (3) (d) 5.
SB61,23,3
1(e) The department may, after an opportunity for a hearing, terminate a
2participation contract if the department determines that the participant is in
3substantial noncompliance with the participation contract.
SB61,23,64 (f) A person who is not a party to a participation contract, but who believes that
5a participant is in substantial noncompliance with a participation contract, may ask
6the department to terminate a participation contract under par. (e).
SB61,23,13 7(7e) Charters. (a) The department may issue an environmental results
8charter to an association of entities to assist the entities to participate in tier I or tier
9II of the program and to achieve superior environmental performance. An
10association to which a charter is issued may consist of private entities, public
11entities, or a combination of private and public entities. An association to which a
12charter is issued may be organized on any basis that helps to achieve superior
13environmental performance.
SB61,23,1814 (b) In a charter, the entities in the association shall describe the goals of the
15association, the responsibilities of the entities, and the activities that the entities will
16engage in to accomplish their goals. The term of a charter may not be less than 3
17years or more than 10 years, with the opportunity for renewal for additional terms
18of the same length upon the agreement of the entities and the department.
SB61,23,2519 (c) The department may not issue a charter unless the department determines
20that the entities in the association have the resources to carry out the charter. Before
21issuing a proposed charter, the department shall provide public notice of the
22proposed charter in the areas in which the activities under the charter will be
23engaged in. After providing public notice and before issuing a proposed charter, the
24department shall hold a public informational hearing on the proposed charter. A
25decision by the department to issue a charter is not subject to review under ch. 227.
SB61,24,2
1(d) An association to which a charter has been issued shall report annually to
2the department on the activities that have been engaged in under the charter.
SB61,24,73 (e) The department may, after an opportunity for a hearing, terminate a charter
4if the department determines that the entities in the chartered association are in
5substantial noncompliance with the charter. Any person who has evidence that the
6entities in a chartered association are not in compliance with a charter may ask the
7department to terminate the charter.
SB61,24,13 8(7m) Environmental auditors. The department may not approve an outside
9environmental auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the outside
10environmental auditor is certified by the Registrar Accreditation Board of the
11American National Standards Institute or meets criteria concerning education,
12training, experience, and performance that are equal to the criteria in International
13Organization for Standardization standard 14012.
SB61,24,16 14(7s) Access to records. (a) Except as provided in par. (c), the department shall
15make any record, report, or other information obtained in the administration of this
16section available to the public.
SB61,24,2217 (c) The department shall keep confidential any part of a record, report, or other
18information obtained in the administration of this section, other than emission data
19or discharge data, upon receiving an application for confidential status by any person
20containing a showing satisfactory to the department that the part of a record, report,
21or other information would, if made public, divulge a method or process that is
22entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
SB61,25,223 (d) If the department refuses to release information on the grounds that it is
24confidential under par. (c) and a person challenges that refusal, the department shall
25inform the affected participant of that challenge. Unless the participant authorizes

1the department to release the information, the participant shall pay the reasonable
2costs incurred by this state to defend the refusal to release the information.
SB61,25,83 (e) Paragraph (c) does not prevent the disclosure of any information to a
4representative of the department for the purpose of administering this section or to
5an officer, employee, or authorized representative of the federal government for the
6purpose of administering federal law. When the department provides information
7that is confidential under par. (c) to the federal government, the department shall
8also provide a copy of the application for confidential status.
SB61,25,11 9(8) Powers and duties of the department. (a) To facilitate the process under
10sub. (6), the department shall develop model terms that may be used in participation
11contracts.
SB61,25,1512 (b) After consultations with interested persons, the department shall annually
13establish a list identifying aspects of superior environmental performance that the
14department will use to identify which letters of intent it will process under sub. (6)
15in the following year and the order in which it will process the letters of intent.
SB61,25,1916 (c) The department may promulgate rules for the administration of the
17program. In the rules, the department may specify incentives, that are consistent
18with federal laws and other state laws, that the department may provide to
19participants in tier II of the program.
SB61,25,2320 (d) The department shall encourage small businesses, agricultural
21organizations, entities that are not subject to environmental requirements, local
22governments, and other entities to form groups to work cooperatively on projects to
23achieve superior environmental performance.
SB61,25,2424 (e) The department shall select a logo for the program.
SB61,26,5
1(f) The department and the department of commerce shall jointly provide
2information about participation contracts and environmental management systems
3to potential participants in the program and to other interested persons. The
4department shall consult with the department of commerce about the
5administration of the program.
SB61,26,136 (g) The department shall collect, process, evaluate, and disseminate data and
7information about environmentally beneficial and innovative practices submitted by
8participants in the program. The department may conduct or direct studies,
9experiments, or research related to the program in cooperation with participants and
10other interested persons. The department may enter into agreements with the
11Robert M. La Follette institute of public affairs at the University of
12Wisconsin-Madison to assist in the promotion, administration, or evaluation of the
13program.
SB61,26,1714 (h) The department shall submit a progress report on the program to the
15legislature, in the manner provided in s. 13.172 (2), no later than the first day of the
1636th month beginning after the effective date of this paragraph .... [revisor inserts
17date], and every 2 years after it submits the first report.
SB61,26,1918 (i) The department shall implement a process to obtain advice from a balanced
19public group about all of the following:
SB61,26,2120 1. The implementation and operation of the program, including the setting of
21goals and priorities for the program.
SB61,26,2422 2. Evaluating the costs of applying for the program and of entering into a
23participation contract or a charter and the administrative costs of participating in
24the program.
SB61,27,3
13. Assessing whether incentives provided under a participation contract are
2proportional to the environmental benefits committed to under a participation
3contract.
SB61,27,44 4. Procedures for evaluating the program and the results of the program.
SB61,27,55 5. Changes that should be made in the program.
SB61,27,8 6(10) Penalty. Any person who intentionally makes a false statement in
7material submitted under this section shall be fined not less than $10 nor more than
8$10,000 or imprisoned for not more than 6 months or both.
SB61,27,10 9(11) Sunset. The department may not process or approve any application for
10participation in the program that it receives after July 1, 2009.
SB61, s. 2 11Section 2. 299.85 of the statutes is created to read:
SB61,27,13 12299.85 Environmental Improvement Program. (1) Definitions. In this
13section:
SB61,27,1714 (a) "Environmental compliance audit" means a systematic, documented, and
15objective review, conducted by or on behalf of the owner or operator of a facility, of
16the environmental performance of the facility, including an evaluation of compliance
17with one or more environmental requirements.
SB61,27,1918 (am) "Environmental performance" means the effects of a facility on air, water,
19land, natural resources, and human health.
SB61,27,2020 (c) "Environmental requirement" means a requirement in any of the following:
SB61,27,2321 1. Chapters 29 to 31, 160 or 280 to 299, a rule promulgated under one of those
22chapters, or a permit, license, other approval, or order issued by the department
23under one of those chapters.
SB61,28,3
12. An ordinance or other legally binding requirement of a local governmental
2unit enacted under authority granted by a state law relating to environmental
3protection.
SB61,28,54 (d) "Facility" means all buildings, equipment, and structures located on a
5single parcel or on adjacent parcels that are owned or operated by the same person.
SB61,28,76 (e) "Local governmental unit" means a city, village, town, county, town sanitary
7district, or metropolitan sewerage district.
SB61,28,98 (f) "Regulated entity" means a public or private entity that is subject to
9environmental requirements.
SB61,28,1010 (g) "Violation" means a violation of an environmental requirement.
SB61,28,13 11(2) Requirements for participation. A regulated entity qualifies for
12participation in the Environmental Improvement Program with respect to a facility
13owned or operated by the regulated entity if all of the following apply:
SB61,28,1514 (a) The regulated entity conducts an environmental compliance audit of the
15facility.
SB61,28,2016 (b) The regulated entity notifies the department in writing, no fewer than 30
17days before beginning the environmental compliance audit, of the date on which the
18environmental compliance audit will begin, the site or facility or the operations or
19practices at a site or facility to be reviewed, and the general scope of the
20environmental compliance audit.
SB61,28,2121 (c) The environmental compliance audit complies with sub. (4).
SB61,28,2222 (e) The regulated entity submits a report as required under sub. (3).
SB61,29,223 (f) At the time of submitting a report under sub. (3), the department of justice
24has not, within 2 years, filed a suit to enforce an environmental requirement, and the
25department or a local governmental unit has not, within 2 years, issued a citation

1to enforce an environmental requirement, because of a violation involving the
2facility.
SB61,29,9 3(3) Audit report. To participate in the Environmental Improvement Program
4with respect to a facility, the regulated entity that owns or operates the facility shall
5submit a report to the department within 45 days after the date of the final written
6report of findings of the environmental compliance audit of the facility. The
7regulated entity shall complete the environmental compliance audit, including the
8final written report of findings, within 365 days after providing the notice under sub.
9(2) (b). The report submitted to the department shall include all of the following:
SB61,29,1410 (a) A description of the environmental compliance audit, including who
11conducted the environmental compliance audit, when it was completed, what
12activities and operations were examined, what was revealed by the environmental
13compliance audit, and any other information needed by the department to make the
14report under sub. (9m).
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