AB316: Bill Text

AB316,51,24 895.065 (1) (e) 6. Expenses incurred by an emergency provider in preparing for and responding to a nuclear incident which that are not reimbursed under s. 166.03 (1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7) or that are not paid by another state under a mutual aid agreement or by a gift or grant.

AB316, s. 156 Section 156. 166.15 (1) (f) to (k), (2), (3), (4) and (5) of the statutes are renumbered 895.065 (1) (f) to (k), (2), (3), (4) and (5).

AB316, s. 157 Section 157. 166.20 (title) of the statutes is renumbered 323.60 (title).

AB316, s. 158 Section 158. 166.20 (1) (intro.) of the statutes is renumbered 323.60 (1) (intro.) and amended to read:

AB316,52,6 323.60 (1) Definitions. (intro.) In ss. 166.20 to 166.215 this subchapter:

AB316, s. 159 Section 159. 166.20 (1) (b) and (c) of the statutes are renumbered 323.60 (1) (b) and (c).

AB316, s. 160 Section 160. 166.20 (1) (d) of the statutes is renumbered 323.60 (1) (d) and amended to read:

AB316,52,13 323.60 (1) (d) "Facility plan" means a plan for response to the release of hazardous substances from a specific facility, prepared as a component of a local emergency response plan under sub. (5) (a) 1. and under 42 USC 11003.

AB316, s. 161 Section 161. 166.20 (1) (e) and (f) of the statutes are renumbered 323.60 (1) (e) and (f).

AB316, s. 162 Section 162. 166.20 (1) (fm) of the statutes is repealed.

AB316, s. 163 Section 163. 166.20 (1) (g) of the statutes is renumbered 323.60 (1) (g).

AB316, s. 164 Section 164. 166.20 (1) (ge) of the statutes is renumbered 323.02 (11), and 323.02 (11) (d), as renumbered, is and amended to read:

AB316,52,22 323.02 (11) (d) Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under subds. 1. to 3. pars. (a) to (c) has not been established.

AB316, s. 165 Section 165. 166.20 (1) (gi) of the statutes is renumbered 323.02 (12).

AB316, s. 166 Section 166. 166.20 (1) (gk) of the statutes is renumbered 323.02 (13) and amended to read:

AB316,53,2 323.02 (13) "Local emergency response team" means a team that the local emergency planning committee identifies under s. 166.21 323.61 (2m) (e).

AB316, s. 167 Section 167. 166.20 (1) (gm) of the statutes is repealed.

AB316, s. 168 Section 168. 166.20 (1) (h) and (i) of the statutes are renumbered 323.60 (1) (h) and (i).

AB316, s. 169 Section 169. 166.20 (1) (im) of the statutes is repealed.

AB316, s. 170 Section 170. 166.20 (1) (j) of the statutes is renumbered 323.60 (1) (j), and 323.60 (1) (j) (intro.), 1. and 2., as renumbered, are amended to read:

AB316,53,10 323.60 (1) (j) (intro.) "Threshold quantity" means a designated quantity of any of the following:

AB316,53,12 1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 3.; or (c).

AB316,53,14 2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 4. (d).

AB316, s. 171 Section 171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).

AB316, s. 172 Section 172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.) and amended to read:

AB316,53,19 323.60 (2) Duties of the division. (intro.) The division shall do all of the following:

AB316, s. 173 Section 173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and amended to read:

AB316,53,23 323.60 (2) (a) Carry out all requirements of a Serve as the state emergency response commission under the federal act.

AB316, s. 174 Section 174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).

AB316, s. 175 Section 175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and amended to read:

AB316,54,5 323.60 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 323.61 (2) (br).

AB316, s. 176 Section 176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and amended to read:

AB316,54,9 323.70 (7) (a) Promulgate The division shall promulgate rules establishing standards to determine all of the following:

AB316,54,13 1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4).

AB316,54,18 2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the emergency.

AB316, s. 177 Section 177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and amended to read:

AB316,54,24 323.70 (7) (b) Promulgate The division shall promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.

AB316, s. 178 Section 178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and amended to read:

AB316,55,6 323.70 (7) (c) Promulgate The division shall promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in s. 299.01 (6).

AB316, s. 179 Section 179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).

AB316, s. 180 Section 180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and amended to read:

AB316,55,10 323.60 (2) (d) Administer the grant program under s. 166.21 323.61.

AB316, s. 181 Section 181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).

AB316, s. 182 Section 182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).

AB316, s. 183 Section 183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.) and amended to read:

AB316,55,16 323.60 (3) Duties of committees. (intro.) A committee shall do all of the following:

AB316, s. 184 Section 184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).

AB316, s. 185 Section 185. 166.20 (3) (b) of the statutes is renumbered 323.60 (3) (b) and amended to read:

AB316,55,23 323.60 (3) (b) Upon receipt by the committee or the committee's designated community emergency coordinator of a notification under sub. (5) (a) 2. (b) of the release of a hazardous substance, take all actions necessary to ensure the implementation of the local emergency response plan.

AB316, s. 186 Section 186. 166.20 (3) (c) of the statutes is renumbered 323.60 (3) (c) and amended to read:

AB316,56,5 323.60 (3) (c) Consult and coordinate with the county board, the county and local heads of emergency management services designated under s. 166.03 (4) (a) or (b) 323.14 (1) (a) 2. or (b) 2. and the county emergency management committee designated under s. 166.03 (4) (c) 323.14 (1) (a) 3. in the execution of the local emergency planning committee's duties under this section.

AB316, s. 187 Section 187. 166.20 (4) of the statutes is renumbered 323.60 (4), and 323.60 (4) (a) and (c), as renumbered, are amended to read:

AB316,56,10 323.60 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. (b) or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the division.

AB316,56,13 (c) Use the information contained in toxic chemical release forms submitted under sub. (5) (a) 4. (d) in the planning and implementation of programs related to the regulation, monitoring, abatement and mitigation of environmental pollution.

AB316, s. 188 Section 188. 166.20 (4m) of the statutes is renumbered 323.60 (4m) and amended to read:

AB316,56,19 323.60 (4m) Cooperation. A state agency, federally recognized American Indian tribe or band, or local governmental unit may assist the division or a committee in the performance of its duties under this section and may enter into an agreement with the division or a committee.

AB316, s. 189 Section 189. 166.20 (5) (title) of the statutes is renumbered 323.60 (5) (title).

AB316, s. 190 Section 190. 166.20 (5) (a) 1., 2. and 3. of the statutes are renumbered 323.60 (5) (a), (b) and (c).

AB316, s. 191 Section 191. 166.20 (5) (a) 4., 5. and 6. of the statutes are renumbered 323.60 (5) (d), (e) and (f), and 323.60 (5) (d) 3., (e) and (f), as renumbered, are amended to read:

AB316,57,9 323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subd. 4. c. subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in s. 293.01 (7), minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).

AB316,57,15 (e) The reporting procedures for trade secrets under 42 USC 11042 shall apply to all facilities in this state subject to the requirements under subd. 1., 3. or 4. par. (a), (c), or (d). For the purposes of applying this subdivision paragraph to public agencies and private agencies, the division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under 42 USC 11042.

AB316,57,18 (f) All facilities in this state subject to the requirements under subd. 3. or 4. par. (c) or (d) shall comply with the procedures for providing information under 42 USC 11043.

AB316, s. 192 Section 192. 166.20 (5) (b) of the statutes is repealed.

AB316, s. 193 Section 193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m) and (6).

AB316, s. 194 Section 194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).

AB316, s. 195 Section 195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a) (intro.) and amended to read:

AB316,58,3 323.60 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21 323.61:

AB316, s. 196 Section 196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and amended to read:

AB316,58,7 323.60 (7) (a) 1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under sub. (5) (a) 1.

AB316, s. 197 Section 197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and amended to read:

AB316,58,12 323.60 (7) (a) 2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under sub. (5) (a) 3. (c).

AB316, s. 198 Section 198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered 323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are amended to read:

AB316,58,20 323.60 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.

AB316,58,24 (dm) The operator of a petroleum marketing facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing that facility.

AB316, s. 199 Section 199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m) and (8), and 323.60 (8) (a), as renumbered, is amended to read:

AB316,59,13 323.60 (8) (a) The department of justice, at its own discretion or at the request of the division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance, except that, for a violation that is alleged to have occurred within the boundaries of a federally recognized Indian reservation or on land that is held in trust by the federal government for the benefit of an American Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7).

AB316, s. 200 Section 200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).

AB316, s. 201 Section 201. 166.20 (9) (a) of the statutes is renumbered 323.60 (9) (a), and 323.60 (9) (a) 1. a., b. and c., 2. (intro.), a., b. and c. and 3., as renumbered, are amended to read:

AB316,59,19 323.60 (9) (a) 1. a. Any person for failure to submit a follow-up emergency notice under 42 USC 11004 (c), as applied under sub. (5) (a) 2. (b).

AB316,59,20 b. Any person for violation of sub. (5) (a) 3. or 4. (c) or (d).

AB316,59,23 c. The division for failure to render a decision in response to a petition under 42 USC 11042 (d), as applied under sub. (5) (a) 5. (e), within 9 months after receipt of the petition.

AB316,60,3 2. (intro.) The division or any county, city, village or town local unit of government may commence a civil action against any person for failure to do any of the following:

AB316,60,5 a. Provide notification to the division under 42 USC 11002 (c), as applied under sub. (5) (a) 1.

AB316,60,7 b. Submit the information required under 42 USC 11021 (a) or 11022 (a), as applied by sub. (5) (a) 3. (c).

AB316,60,9 c. Make available information requested under 42 USC 11021 (c), as applied under sub. (5) (a) 3. (c).

AB316,60,13 3. The division or any committee may commence an action against any person for failure to provide the information required under 42 USC 11003 (d), as applied under sub. (5) (a) 1. or any information required under 42 USC 11022 (e) (1), as applied under sub. (5) (a) 3. (c).

AB316, s. 202 Section 202. 166.20 (9) (b) of the statutes is renumbered 323.60 (9) (b).

AB316, s. 203 Section 203. 166.20 (9) (c) 1. of the statutes is renumbered 323.60 (9) (c).

AB316, s. 204 Section 204. 166.20 (9) (e) of the statutes is repealed.