SB504: Bill Text

SB504, s. 1 Section 1. 93.90 (1m) (a) of the statutes, as created by 2003 Wisconsin Act 235, is repealed and recreated to read:

SB504,3,4 93.90 (1m) (a) "Animal unit" means a measure of the number of animals that a livestock facility will have, as determined under sub. (2) (e) 3.

SB504, s. 2 Section 2. 93.90 (2) (e) 3. of the statutes is created to read:

SB504,3,9 93.90 (2) (e) 3. Specify the method for determining numbers of animal units for each type of animal based on the principle that the threshold number of animals of each type of animal in the definition of "large concentrated animal feeding operation" in 40 CFR 122.23 (b) (4) equals 1,000 animal units.

SB504, s. 3 Section 3. 93.90 (3) (a) 5. of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,3,14 93.90 (3) (a) 5. The proposed new or expanded livestock facility will have 500 or more animal units of one type of animal and violates a state standard under sub. (2) (a).

SB504, s. 4 Section 4. 93.90 (3) (a) 6. (intro.) of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,3,20 93.90 (3) (a) 6. (intro.) The proposed new or expanded livestock facility will have 500 or more animal units of one type of animal and violates a requirement that is more stringent than the state standards under sub. (2) (a) if the political subdivision does all of the following:

SB504, s. 5 Section 5. 93.90 (3) (a) 8. of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,4,2 93.90 (3) (a) 8. The proposed new or expanded livestock facility will have fewer than 500 animal units of each type of animal but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003, and the proposed new or expanded livestock facility violates a state standard under sub. (2) (a).

SB504, s. 6 Section 6. 93.90 (3) (a) 9. (intro.) of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,4,11 93.90 (3) (a) 9. (intro.) The proposed new or expanded livestock facility will have fewer than 500 animal units of each type of animal but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003, and the proposed new or expanded livestock facility violates a requirement that is more stringent than the state standards under sub. (2) (a) if the political subdivision does all of the following:

SB504, s. 7 Section 7. 93.90 (3) (ae) 1. of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,4,15 93.90 (3) (ae) 1. A new or expanded livestock facility that will have 500 or more animal units of one type of animal.

SB504, s. 8 Section 8. 93.90 (3) (ae) 2. of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,4,21 93.90 (3) (ae) 2. A new or expanded livestock facility that will have fewer than 500 animal units of each type of animal but that will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003.

SB504, s. 9 Section 9. 93.90 (3) (d) of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,5,5 93.90 (3) (d) Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political subdivision that requires compliance with state standards under sub. (2) (a) as a condition of issuing a special exception or conditional use permit for an expanded livestock facility is not required to determine that cost-sharing is available to the operator of the livestock facility for facilities or practices needed to comply with those standards if the livestock facility will have 500 or more animal units of one type of animal.

SB504, s. 10 Section 10. 93.90 (3) (e) of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,5,18 93.90 (3) (e) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not enact a requirement that a person obtain a special exception or conditional use permit for the expansion of a livestock facility that exists when the requirement takes effect, except that a political subdivision may enact a requirement that a person obtain a special exception or conditional use permit for the expansion of a livestock facility that exists when the requirement takes effect if the requirement applies only when the number of animal units of one type of animal that the livestock facility will have after expansion will exceed by more than 20 percent the largest number of animal units of that type of animal that were at the livestock facility for at least 90 days in the 12-month period before the requirement takes effect.

SB504, s. 11 Section 11. 93.90 (3) (f) of the statutes, as created by 2003 Wisconsin Act 235, is amended to read:

SB504,5,24 93.90 (3) (f) For the purposes of this subsection, the number of animal units of one type of animal that a livestock facility will have is the largest number of animal units of that type of animal that will be fed, confined, maintained, or stabled at the livestock facility on at least 90 days in any 12-month period.

SB504, s. 12 Section 12. 283.11 (4m) of the statutes is created to read:

SB504,6,2 283.11 (4m) Livestock facilities. (a) In this subsection, "livestock facility" has the meaning given in s. 93.90 (1m) (e).

SB504,6,5 (b) In determining the applicability of any requirement of this chapter to a livestock facility based on the number or type of animals present at the livestock facility, the department shall use the methodology in 40 CFR 122.23 (b) (4) and (6).

SB504, s. 13 Section 13. Nonstatutory provisions.

SB504,6,16 (1) The department of agriculture, trade and consumer protection may promulgate emergency rules under section 227.24 of the statutes implementing section 93.90 (2) (e) 3. of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 93.90 (2) (e) 3. of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB504, s. 14 Section 14. Effective dates. This act takes effect on the day after publication, except as follows:

SB504,6,21 (1) The treatment of sections 93.90 (1m) (a), (2) (e) 3., and (3) (a) 5., 6., 8., and 9., (ae) 1. and 2., (d), (e), and (f), and 283.11 (4m) of the statutes takes effect on the first day of the 4th month beginning after publication.

SB504,6,22 (End)