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Bills from the 2009–10 session

Senate Bill 126

Changes to and extension of the Environmental Results Program, extension of the Environmental Improvement Program and the length of a compliance schedule under that program, and reporting requirements for certain environmental programs

Topics: Environmental protection, Natural Resources, Department of: Environmental protection, Sunset

Became law

The governor signed it on Jul 8, 2009. It's ⁠.

  1. Introduced, passed

    Mar 18, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed 33 to 0

  4. Assembly vote, passed

    Passed Jun 18, 2009

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 30

Latest entry in the official record, Jul 10, 2009: “Published 7-10-2009.”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Environmental Results Program Under current law, the Department of Natural Resources (DNR) administers the Environmental Results Program (ERP, also called Green Tier) under which qualified participants agree to improve their environmental performance and implement environmental management systems in return for incentives provided by DNR. There are two tiers of participation in ERP. A participant in tier II enters into a participation contract with DNR that sets forth the commitments of the participant and the incentives that DNR will provide. This bill makes various changes in ERP.

Under current law, DNR may not approve any application for participation in ERP after July 1, 2009. This bill eliminates that restriction.

Read the full summary

Under current law, certain environmental enforcement actions taken against an entity disqualify the entity from acceptance into ERP for a specified period. The act that created ERP, in 2004, gave the secretary of natural resources temporary authority to waive the provisions concerning an entity's environmental enforcement record if the secretary determined that the waiver was consistent with the purposes of ERP and that the waiver would not erode public confidence in the integrity of ERP.

The waiver authority expired at the end of 2006. This bill allows the secretary of natural resources to waive the provisions concerning an entity's environmental enforcement record based on the same criteria as under former law. The bill does not contain a termination date for the waiver authority.

Current law requires participants in ERP to conduct annual audits of their environmental management systems and, for participants in tier II, annual audits of their compliance with environmental laws and to report the results of those audits to DNR. Under the law, if an audit reveals a violation of an environmental law, the participant must provide information about the violation to DNR. If a participant complies with these requirements and corrects the violation within a specified period, the participant is generally exempt from paying a forfeiture (civil monetary penalty) for the violation.

This bill authorizes a participant in ERP to report to DNR a violation of an environmental law that it discovers, other than through an annual audit. If the participant reports within 30 days of discovering the violation, provides required information about the violation, and corrects the violation within a specified period, the participant is generally exempt from paying a forfeiture (civil monetary penalty) for the violation.

Currently under ERP, a participant is required to correct a violation within 90 days unless DNR approves a longer compliance schedule. The law prohibits DNR from approving a compliance schedule that is more than 12 months long. This bill authorizes DNR to approve a longer compliance schedule if the secretary of natural resources determines that a longer schedule is necessary.

Currently, DNR administers the Environmental Cooperation Pilot Program under which DNR was authorized, before October 1, 2002, to enter into not more than ten cooperative agreements with persons subject to environmental laws. The term of an agreement is five years with the possibility of one renewal for five years. In a cooperative agreement, a participant in the program is required to implement an environmental management system and to improve its environmental performance.

In return, DNR may grant operational flexibility and, under specified circumstances, provide variances from requirements under environmental laws.

This bill provides a process under which a participant in the Environmental Cooperation Pilot Program may become a participant in tier II of ERP, using the cooperative agreement under the pilot program as a basis for a participation contract under ERP.

Currently, under ERP, DNR may issue an environmental results charter to an association of entities to assist the entities to participate in tier I or tier II and to achieve improvements in the quality of the air, water, or other natural resources beyond that achieved through compliance with environmental laws (superior environmental performance). Under this bill, DNR may issue a charter to an association of entities to assist the entities to participate in tier I or tier II or to take actions that may lead to superior environmental performance.

The bill makes some changes in the required characteristics of an environmental management system and gives an applicant for tier I of ERP one year from the date that DNR approves its application, rather than one year from the date of application, to implement an environmental management system that complies with the law's requirements. The bill also changes the name of ERP to the Green Tier Program.

Environmental Improvement Program The Environmental Improvement Program (EIP), administered by DNR, limits to $500 the amount of a forfeiture (civil monetary penalty) that a qualifying entity can be required to pay because of a violation of an environmental law if the entity discovers the violation through an environmental compliance audit, reports the violation to DNR, and corrects the violation within a specified time. Current law sunsets the EIP on July 1, 2009.

This bill eliminates the sunset of EIP.

Currently, an entity does not qualify for EIP if within two years before it submits the environmental compliance audit the Department of Justice (DOJ) filed suit against the entity to enforce an environmental requirement or DNR or a local government issued a citation to the entity to enforce an environmental requirement.

This bill eliminates the automatic disqualification provision. Instead, under the bill, DNR must consider whether DOJ filed a suit against an entity to enforce an environmental requirement within two years before the entity notifies DNR that it will conduct an environmental compliance audit. If DNR determines that, because of the nature of the violation involved in a suit, the entity's participation would damage the integrity of EIP, DNR must notify the entity that it is not eligible for participation.

Currently under EIP, a qualifying entity is required to correct a violation within 90 days unless DNR approves a longer compliance schedule. The law prohibits DNR from approving a compliance schedule that is more than 12 months long. This bill authorizes DNR to approve a longer compliance schedule if the secretary of natural resources determines that a longer schedule is necessary. The bill also changes the name of EIP to the Environmental Compliance Audit Program.

Who's behind it

13 senators are its ⁠. 8 are Democrats and 5 are Republicans.

18 more lawmakers ⁠.

See all 31 names

Authors (13)

Signed on in support (18)

How lawmakers voted

There were 3 votes on this bill.

Senate Committee on Environment vote to recommend it

Passed, 5 to 0 · Apr 22, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Environment, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote to pass it

Passed, 33 to 0 · Apr 28, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and passed, Ayes 33, Noes 0”. Official record · This vote on its own page

Assembly Committee on Natural Resources vote to recommend it

Passed, 15 to 0 · Jun 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by committee on Natural Resources, Ayes 15, Noes 0”. Official record · This vote on its own page

What happened

  1. Jul 10, 2009

    The new law was published.

  2. Jul 8, 2009

    The governor signed it. It became 2009 Wisconsin Act 30.

  3. Jul 7, 2009

    Sent to the governor.

  4. Jun 18, 2009

    The Assembly passed it too.

  5. Jun 16, 2009

    Sent to the Assembly Committee on Rules.

  6. Jun 16, 2009

    The committee voted to recommend passing it, 15 to 0.

  7. May 6, 2009

    The committee held a public hearing.

  8. Apr 30, 2009

    Sent to the Assembly Committee on Natural Resources.

  9. Apr 30, 2009

    The Assembly received it.

  10. Apr 28, 2009

    The Senate passed it, 33 to 0.

  11. Apr 28, 2009

    1 more senator signed on in support.

  12. Apr 22, 2009

    The committee voted to recommend passing it, 5 to 0.

  13. Apr 14, 2009

    The committee held a public hearing.

  14. Mar 18, 2009

    Sent to the Senate Committee on Environment.

  15. Mar 18, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Mar 18, 2009 · Senate

    Introduced by Senators Miller, Kedzie, Harsdorf, Holperin, Cowles, Lehman, Risser, Plale, Taylor, Schultz, Erpenbach, Olsen and Lassa;Cosponsored by Representatives Clark, Tauchen, Hebl, Berceau, Roys, Smith, Townsend, A. Ott, Molepske Jr., Richards, Pope-Roberts, Sinicki, Lothian, Bernard Schaber, Jorgensen, Ripp and Parisi

  2. Mar 18, 2009 · Senate

    Read first time and referred to committee on Environment

  3. Apr 14, 2009 · Senate

    Public hearing held

  4. Apr 22, 2009 · Senate

    Executive action taken

  5. Apr 22, 2009 · Senate

    Report passage recommended by committee on Environment, Ayes 5, Noes 0

  6. Apr 22, 2009 · Senate

    Available for scheduling

  7. Apr 23, 2009 · Senate

    Placed on calendar 4-28-2009 by committee on Senate Organization

  8. Apr 28, 2009 · Senate

    Senator Darling added as a coauthor

  9. Apr 28, 2009 · Senate

    Read a second time

  10. Apr 28, 2009 · Senate

    Ordered to a third reading

  11. Apr 28, 2009 · Senate

    Rules suspended

  12. Apr 28, 2009 · Senate

    Read a third time and passed, Ayes 33, Noes 0

  13. Apr 28, 2009 · Senate

    Ordered immediately messaged

  14. Apr 30, 2009 · Assembly

    Received from Senate

  15. Apr 30, 2009 · Assembly

    Read first time and referred to committee on Natural Resources

  16. May 6, 2009 · Assembly

    Public hearing held

  17. May 20, 2009 · Assembly

    Executive action taken

  18. Jun 16, 2009 · Assembly

    Report concurrence recommended by committee on Natural Resources, Ayes 15, Noes 0

  19. Jun 16, 2009 · Assembly

    Referred to committee on Rules

  20. Jun 16, 2009 · Assembly

    Placed on calendar 6-18-2009 by committee on Rules

  21. Jun 18, 2009 · Assembly

    Read a second time

  22. Jun 18, 2009 · Assembly

    Ordered to a third reading

  23. Jun 18, 2009 · Assembly

    Rules suspended

  24. Jun 18, 2009 · Assembly

    Read a third time and concurred in

  25. Jun 18, 2009 · Assembly

    Ordered immediately messaged

  26. Jun 18, 2009 · Senate

    Received from Assembly concurred in

  27. Jun 22, 2009 · Senate

    Report correctly enrolled on 6-22-2009

  28. Jun 22, 2009 · Senate

    LRB correction

  29. Jul 7, 2009 · Senate

    Presented to the Governor on 7-7-2009

  30. Jul 8, 2009 · Senate

    Report approved by the Governor on 7-8-2009. 2009 Wisconsin Act 30

  31. Jul 10, 2009 · Senate

    Published 7-10-2009.

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote