Chapter 323

323.63(1) (1) Definitions. In this section:

323.63(1)(a) (a) “Assessment grant” means a grant awarded under sub. (3).

323.63(1)(b) (b) “Implementation grant” means a grant awarded under sub. (4).

323.63(1)(c) (c) “Local governmental unit” means any city, village, town, county, regional planning commission, or federally recognized American Indian tribe or band in this state.

323.63(1)(d) (d) “Program” means the pre-disaster flood resilience grant program described in sub. (2) (a).

323.63(2) (2) Creation and administration.

323.63(2)(a) (a) The division shall create and administer a pre-disaster flood resilience grant program to provide grants to applicants for the purpose of identifying flood vulnerabilities, identifying options to improve flood resiliency, and restoring hydrology in order to reduce flood risk and damages in flood-prone communities.

323.63(2)(b) (b) The program shall provide grants as described in subs. (3) and (4), and shall establish an annual grant cycle.

323.63(2)(c) (c) In each fiscal biennium, for each dollar the program awards for an assessment grant under sub. (3), the program may award no more than 67 percent of a dollar for an implementation grant under sub. (4).

323.63(3) (3) Assessment grants.

323.63(3)(a) (a) Assessment grants awarded under this subsection shall support applicants’ generation and gathering of information on vulnerabilities and identification of flood resilience priorities on a watershed, catchment, or stream reach-scale through one or more of the following activities:

323.63(3)(a)1. 1. Assessments aimed at understanding flood flows and erosion hazards and vulnerabilities and identifying opportunities to increase flood resilience, including opportunities to restore wetland, stream, and floodplain hydrology.

323.63(3)(a)2. 2. Development of culvert inventories using the Great Lakes Stream Crossing Inventory, or using another road-stream crossing inventory method that considers structural risk factors, aquatic organism passage, and upstream hydrologic conditions, and that is at least as effective as the Great Lakes Stream Crossing Inventory.

323.63(3)(a)3. 3. Conducting hydrologic and hydraulic studies that help develop hydrologic models.

323.63(3)(b) (b) Data generated from activities under par. (a) may not be deemed proprietary and shall be provided to entities that develop local hazard mitigation plans.

323.63(3)(c) (c) The division may award an assessment grant of up to $300,000 for any combination of activities enumerated in par. (a). An assessment grant awarded under this subsection shall be for a maximum of 75 percent of the total anticipated project cost, and the assessment grant recipient shall secure the remaining funding. The remaining funding secured by the assessment grant recipient or local governmental unit may include the value of in-kind contributions, including goods and services and administrative costs.

323.63(3)(d) (d) An assessment grant application shall include the following information:

323.63(3)(d)1. 1. Written documentation from the local governmental unit’s main decision-authorizing body indicating that the body has authorized the local governmental unit’s participation in the grant project.

323.63(3)(d)2. 2. Written documentation from the local governmental unit’s body responsible for expending the local governmental unit’s funds indicating the body of the local governmental unit’s commitment or intention to expend funds or provide in-kind contributions for the grant project.

323.63(3)(d)3. 3. Information detailing all sources of funding for the project that will not be covered by the grant award under this subsection.

323.63(4) (4) Implementation grants.

323.63(4)(a) (a) Implementation grants awarded under this subsection shall be used for implementation of hydrologic restoration projects that have been either identified or designed through an activity specified under sub. (3) (a), or through a comparable assessment process, as determined by the division. Implementation grants awarded under this subsection shall support the regulatory coordination, engineering and design, construction, or post-construction monitoring of an applicant’s hydrologic restoration project that reconnects streams and floodplains, reestablishes healthy channel form and condition, mitigates erosion hazards, removes or reduces wetland drainage, restores or improves natural flow and movement of water or sediment, or reestablishes vegetation to support site stability and help manage flow and infiltration.

323.63(4)(b) (b) The maximum amount of an implementation grant award under this subsection shall be $250,000. An implementation grant awarded under this subsection shall be for a maximum of 75 percent of the total anticipated project cost, and the implementation grant recipient shall secure the remaining funding. The remaining funding secured by the assessment grant recipient or local governmental unit may include the value of in-kind contributions, including goods and services and administrative costs.

323.63(4)(c) (c) An implementation grant application shall include the following information:

323.63(4)(c)1. 1. Written documentation from the local governmental unit’s main decision-authorizing body indicating that the body has authorized the local governmental unit’s participation in the grant project.

323.63(4)(c)2. 2. Written documentation from the local governmental unit’s body responsible for expending the local governmental unit’s funds indicating the body of the local governmental unit’s commitment or intention to expend funds or provide in-kind contributions for the grant project.

323.63(4)(c)3. 3. Information detailing all sources of funding for the project that will not be covered by the grant award under this subsection.

323.63(5) (5) Eligibility.

323.63(5)(a) (a) The following persons are eligible to apply for a grant under this section:

323.63(5)(a)1. 1. One or more local governmental units.

323.63(5)(a)2. 2. A nonprofit organization applying on behalf of one or more local governmental units.

323.63(5)(a)3. 3. A private consulting organization applying on behalf of one or more local governmental units.

323.63(5)(b) (b) The division may consider an application for a grant under this section only if one of the following applies:

323.63(5)(b)1. 1. The application includes in its project area an area that has been the site of a presidentially declared disaster for flooding at any time in the 10 years preceding the applicable grant cycle.

323.63(5)(b)2. 2. The application includes in its project area an area that has previously been the site of a governor-issued state of emergency for flooding at any time in the 10 years preceding the applicable grant cycle.

323.63(5)(b)3. 3. The application is for a local governmental unit that has a division-approved hazard mitigation plan that identifies localized exposure to flood risk.

323.63(6) (6) Grant recipient requirements.

323.63(6)(a) (a)

323.63(6)(a)1. 1. A grant recipient shall spend all of the grant money received from the program under this section on the project described in the grant application within 2 years of receiving the grant money.

323.63(6)(a)2. 2. Notwithstanding subd. 1., the division may extend the time by which a grant recipient shall spend all of the grant money received from the program under this section to match a timeline requirement of a federal grant.

323.63(6)(b) (b) A grant recipient shall provide to the division a report within 90 days of completion of the grant project, or 2 years after receiving the grant money, whichever occurs first. The report shall summarize project goals, activities conducted with the grant, and data and other observations demonstrating progress-to-date toward project goals.

323.63(7) (7) Powers and duties.

323.63(7)(a) (a) The division shall develop methods for evaluating grant applications and shall consider all of the following in evaluating a grant application:

323.63(7)(a)1. 1. The extent to which the project area has been subject to, or is upstream from areas that have been subject to, repetitive flooding and erosion damage.

323.63(7)(a)2. 2. The extent to which the project demonstrates a cost-effective basis for the proposed actions.

323.63(7)(a)3. 3. The extent to which the project has a clear plan for demonstrating measurable results.

323.63(7)(a)4. 4. For assessment grant applications, the extent to which the project will generate data useful for updates to hazard mitigation plans, land and water resource management plans, or other local watershed plans or priorities.

323.63(7)(a)5. 5. Other criteria that help prioritize projects with the most beneficial impacts, as developed by the division.

323.63(7)(b) (b) The division shall establish by policy grant application requirements, including requirements relating to project narratives, scopes of work, budgeting information, supporting documentation, and project timelines.

323.63(7)(c) (c) The division may consult with other state agencies on the administration of the program or the review of grant applications.

323.63(7)(d) (d) The division shall make publicly available on the division’s website each report received under sub. (6) (b).

323.63(7)(e) (e)

323.63(7)(e)1. 1. Except as provided in subd. 2., no later than July 1, 2024, and annually thereafter, the division shall submit a report to the governor and the appropriate standing committees of the legislature under s. 13.172 (3). The report shall describe program activities and accomplishments of the preceding fiscal year, list the grant recipients and grants awarded, and make a recommendation on program continuation and funding levels.

323.63(7)(e)2. 2. A report under subd. 1. is not required in any year in which there are no moneys appropriated to the department for the grant programs under this section for the preceding fiscal year and all moneys that have been appropriated to the department for the grant programs under this section in any previous fiscal year have been expended and have previously been the subject of a report under subd. 1.

323.63 History History: 2023 a. 265.

subch. VII of ch. 323 SUBCHAPTER VII

EMERGENCY RESPONSE TEAMS

323.70 323.70 Hazardous substance emergency response.

323.70(1) (1) In this subchapter:

323.70(1)(a) (a) “Hazardous substance” has the meaning given in s. 299.01 (6).

323.70(1)(b) (b) “Local agency” means an agency of a county, city, village, or town, including a municipal police or fire department, a municipal health organization, a county office of emergency management, a county sheriff, an emergency medical service, a local emergency response team, or a public works department.

323.70(1)(c) (c) “Local emergency response team” means a team that the committee identifies under s. 323.61 (2m) (e).

323.70(2) (2) The division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 323.13 (2) (a). The division may only contract with a local agency under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).

323.70(3) (3) From the appropriations under s. 20.465 (3) (dr) and (jt), the division shall reimburse a local agency contracted under sub. (2) for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the division determines that an emergency requiring the response existed. Reimbursement under this subsection shall be issued to the local agency within 60 days after receiving a complete application for reimbursement on a form prescribed by the division if the agency applies for reimbursement within 45 days after the conclusion of the deployment of the regional emergency response team.

323.70(3m) (3m) From the appropriation under s. 20.465 (3) (jt), the division shall reimburse a local agency under sub. (1) for costs incurred by the local agency for any increase in contributions for duty disability premiums under s. 40.05 (2) (ax) for employees who receive duty disability benefits under s. 40.65 because of an injury incurred while performing duties as a member of a regional emergency response team under sub. (2).

323.70(4) (4) A person shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency involving a level A release or a potential level A release if an emergency requiring the team’s response existed and if any of the following conditions applies:

323.70(4)(a) (a) The person possessed or controlled a hazardous substance that was involved in the emergency.

323.70(4)(b) (b) The person caused the emergency.

323.70(5) (5) A member of a regional emergency response team who is acting under a contract under sub. (2) is considered an employee of the state for purposes of worker’s compensation benefits.

323.70(6) (6) The division shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (2) or renewing or extending a contractual agreement under sub. (2), of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the division’s proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a meeting to review the division’s proposed action, the division may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action.

323.70(6m) (6m) From the appropriation under s. 20.465 (3) (df), the division may award grants to local agencies with which the division contracts under sub. (2). A grant awarded under this subsection shall be used to fund the replacement of equipment used in emergency responses to releases of hazardous substances under this section.

323.70 History History: 1991 a. 104; 1993 a. 253; 1995 a. 13; 1997 a. 27, 41; 1999 a. 9; 2001 a. 16; 2005 a. 33; 2009 a. 42 ss. 176 to 178, 214 to 221, 223, 224; Stats. 2009 s. 323.70; 2017 a. 59; 2021 a. 104; 2021 a. 240 s. 30; s. 35.17 correction in (3m).

323.71 323.71 Local agency response and reimbursement.

323.71(1) (1) A person who possesses or controls a hazardous substance that is released or who causes the release of a hazardous substance shall take the actions necessary to protect public health and safety and prevent damage to property.

323.71(2) (2) If action required under sub. (1) is not being adequately taken or the identity of the person responsible for an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the release or potential release of hazardous substances established by the department of natural resources under s. 292.11 (5) and that it considers appropriate under the circumstances.

323.71(3) (3) From the appropriation under s. 20.465 (3) (dr), the division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the division determines that an emergency requiring the team’s response existed. Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team. Reimbursement under this subsection shall be issued to the local agency within 60 days after receiving a complete application for reimbursement on a form prescribed by the division if the agency applies for reimbursement within 45 days after the conclusion of the deployment of the local emergency response team.

323.71(4) (4) 

323.71(4)(a) (a) Except as provided in par. (b), a person shall reimburse a local agency as provided in sub. (5) for actual, reasonable, and necessary expenses incurred in responding to an emergency involving the release or potential release of a hazardous substance if any of the following conditions applies:

323.71(4)(a)1. 1. The person possessed or controlled a hazardous substance involved in the emergency.

323.71(4)(a)2. 2. The person caused the emergency.

323.71(4)(b) (b) A local emergency response team may receive reimbursement under par. (a) only if the division determines that an emergency requiring the team’s response existed.

323.71(5) (5) 

323.71(5)(a) (a) The county board may designate a county employee or body as the reviewing entity under this subsection. If the county board does not make a designation, the local emergency planning committee is the reviewing entity.

323.71(5)(am) (am) A local agency seeking reimbursement under sub. (4) shall submit a claim stating its expenses to the reviewing entity for the county in which the emergency occurred.

323.71(5)(b) (b) The reviewing entity shall review claims submitted under par. (am) and determine the amount of reasonable and necessary expenses incurred. The reviewing entity shall provide a person who is liable for reimbursement under sub. (4) with a notice of the amount of expenses it has determined to be reasonable and necessary that arose from the emergency involving the release or potential release of a hazardous substance and that were incurred by all local agencies from which the reviewing entity receives a claim.

323.71(5)(c) (c) If a person receiving a notice under par. (b) objects to the amount of expenses in the notice, the person may ask the reviewing entity to review its determination. The reviewing entity may modify the determination and shall notify the person of the result of its review.

323.71(5)(d) (d) A person liable for reimbursement under sub. (4) shall pay the reimbursement directly to each local agency.

323.71(6) (6) A county may enact an ordinance in conformity with this section that governs the administration of claims under sub. (5).

323.71 History History: 1989 a. 256; 1995 a. 13, 227, 247; 1997 a. 27; 2001 a. 16; 2009 a. 42 ss. 222, 225 to 231; Stats. 2009 s. 323.71; 2021 a. 104.