SB426, s. 3 7Section 3. 94.64 (3m) (b) (intro.) of the statutes is amended to read:
SB426,3,118 94.64 (3m) (b) (intro.) An application for a permit under par. (a) 2. shall be on
9a form prescribed by the department and shall be accompanied by a proposed product
10label and a nonrefundable fee of $25 $100. The department may require that the
11applicant substantiate, by scientific evidence:
SB426, s. 4 12Section 4. 94.64 (4) (a) 1. of the statutes is amended to read:
SB426,3,1613 94.64 (4) (a) 1. A basic fee of 23 30 cents per ton for fertilizer sold or distributed
14beginning on October 29, 1999 July 1, 2001, and ending on June 30, 2001 2006, and
1530 45 cents per ton for fertilizer sold or distributed after June 30, 2001 2006, with
16a minimum fee of $25.
SB426, s. 5 17Section 5. 94.64 (4) (a) 5. of the statutes is amended to read:
SB426,4,3
194.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 38 88 cents per
2ton on all fertilizer that the person sells or distributes in this state after June 30,
31999
, unless the department establishes a lower surcharge under s. 94.73 (15).
SB426, s. 6 4Section 6. 94.681 (1) (cm) of the statutes is created to read:
SB426,4,65 94.681 (1) (cm) "Payment period" means the 12 months ending on September
630 of the calendar year for which a license is sought under s. 94.68.
SB426, s. 7 7Section 7. 94.681 (2) of the statutes is repealed and recreated to read:
SB426,4,148 94.681 (2) Annual license fee. An applicant for a license under s. 94.68 shall
9pay an annual license fee for each pesticide product that the applicant sells or
10distributes for use in this state. The amount of the fee is based on sales of pesticide
11products during the payment period. An applicant shall pay an estimated fee before
12the start of each license year as provided in sub. (3s) (a) and shall make a fee
13adjustment payment before the end of the license year if required under sub. (3s) (b).
14Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:
SB426,4,1515 (a) For each household pesticide product:
SB426,4,1716 1. If the applicant sells less than $25,000 of the product during the payment
17period for use in this state, $265.
SB426,4,1918 2. If the applicant sells at least $25,000 but less than $75,000 of the product
19during the payment period for use in this state, $750.
SB426,4,2120 3. If the applicant sells at least $75,000 of the product during the payment
21period for use in this state, $1,500.
SB426,4,2222 (b) For each industrial pesticide product:
SB426,4,2423 1. If the applicant sells less than $25,000 of the product during the payment
24period for use in this state, $315.
SB426,5,2
12. If the applicant sells at least $25,000 but less than $75,000 of the product
2during the payment period for use in this state, $860.
SB426,5,43 3. If the applicant sells at least $75,000 of that product during the payment
4period for use in this state, $3,060.
SB426,5,55 (c) For each nonhousehold pesticide product:
SB426,5,76 1. If the applicant sells less than $25,000 of that product during the payment
7period for use in this state, $320.
SB426,5,98 2. If the applicant sells at least $25,000 but less than $75,000 of the product
9during the payment period for use in this state, $890.
SB426,5,1210 3. If the applicant sells at least $75,000 of the product during the payment
11period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the
12product during the payment period for use in this state.
SB426, s. 8 13Section 8. 94.681 (3) of the statutes is amended to read:
SB426,5,2314 94.681 (3) Nonhousehold pesticides; cleanup surcharge. Except for the
15license years that begin on January 1, 1999, and January 1, 2000, an
An applicant
16for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for
17each nonhousehold pesticide product that the applicant sells or distributes for use
18in this state. The amount of the surcharge is based on sales of nonhousehold
19pesticide products during the payment period. An applicant shall pay an estimated
20surcharge before the start of each license year as provided in sub. (3s) (a) and shall
21make a surcharge adjustment payment before the end of the license year if required
22by sub. (3s) (b).
Except as provided in sub. (6) or under s. 94.73 (15), the amount of
23the surcharge is as follows:
SB426,5,2524 (a) If the applicant sold sells less than $25,000 of the product during the
25preceding year payment period for use in this state, $5.
SB426,6,2
1(b) If the applicant sold sells at least $25,000 but less than $75,000 of that
2product during the preceding year payment period for use in this state, $170.
SB426,6,63 (c) If the applicant sold sells at least $75,000 of that product during the
4preceding year payment period for use in this state, an amount equal to 1.1% of gross
5revenues from sales of the product during the preceding year payment period for use
6in this state.
SB426, s. 9 7Section 9. 94.681 (3m) of the statutes is amended to read:
SB426,6,188 94.681 (3m) Wood preservatives; cleanup surcharge. An applicant for a
9license under s. 94.68 shall pay an environmental cleanup surcharge for each
10pesticide product that is not a household pesticide and is solely labeled for use on
11wood and contains pentachlorophenol or coal tar creosote that the applicant sells or
12distributes in this state. The amount of the surcharge is based on sales of pesticide
13products that are not household pesticides and are solely labeled for use on wood and
14contain pentachlorophenol or coal tar creosote during the payment period. An
15applicant shall pay an estimated surcharge before the start of each license year as
16provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the
17end of the license year if required by sub. (3s) (b).
Except as provided in sub. (6), the
18amount of the surcharge is as follows:
SB426,6,2019 (a) If the applicant sold sells less than $25,000 of the product during the
20preceding year payment period for use in this state, $5.
SB426,6,2221 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that
22product during the preceding year payment period for use in this state, $170.
SB426,7,223 (c) If the applicant sold sells at least $75,000 of that product during the
24preceding year payment period for use in this state, an amount equal to 1.1% of gross

1revenues from sales of the product during the preceding year payment period for use
2in this state.
SB426, s. 10 3Section 10. 94.681 (3s) of the statutes is created to read:
SB426,7,124 94.681 (3s) Payment of fees and surcharges. (a) Before the start of a license
5year, an applicant shall estimate the gross revenues that the applicant will receive
6from sales of each pesticide product during the payment period that ends during the
7year for which a license is sought under s. 94.81 and shall pay the amounts under
8subs. (2), (3), and (3m) based on that estimate. At least 15 days before beginning to
9sell a new pesticide product in this state, a licensee shall estimate the gross revenues
10that the applicant will receive from sales of that pesticide product during the
11payment period in which the licensee begins to sell the pesticide product and shall
12pay the amounts under subs. (2), (3), and (3m) based on that estimate.
SB426,7,1713 (b) Before the end of a license year, a licensee shall report to the department
14the gross revenues that the licensee received from sales of each pesticide product
15during the payment period that ended during the license year, as required under s.
1694.68 (2) (a) 2., and shall reconcile the estimated payment made under par. (a) with
17the amounts actually due under subs. (2), (3), and (3m) as follows:
SB426,7,1918 1. If the amount due based on actual sales is greater than the amount paid
19based on estimated sales, the licensee shall pay the additional amount due.
SB426,7,2220 2. If the amount due based on actual sales is less than the amount paid based
21on estimated sales, the licensee may request the department to reimburse the
22licensee for the amount of the overpayment.
SB426,7,2423 3. If the amount due based on actual sales equals the amount paid based on
24estimated sales, no action is required.
SB426,8,4
1(c) 1. Except as provided in subd. 2., if a licensee's total payment due under par.
2(b) is more than 20% of the total amount paid under par. (a), the licensee shall pay
3a penalty equal to 20% of the total amount due under par. (b). The penalty under this
4subdivision is in addition to any late filing fee under s. 93.21 (5).
SB426,8,85 2. Subdivision 1. does not apply to a licensee if the licensee's payments under
6par. (a) are based on estimates of gross revenues from sales for each pesticide product
7that equal at least 90% of the licensee's gross revenues from sales of the pesticide
8product during the preceding year.
SB426, s. 11 9Section 11. 94.681 (7) (a) (intro.) and 1. of the statutes are consolidated,
10renumbered 94.681 (7) (a) and amended to read:
SB426,8,1611 94.681 (7) (a) License fees. The department shall deposit all license fees
12collected under subs. (2), (5), and (6) (a) 3. in the agrichemical management fund
13except as follows: 1. The that the department shall deposit an amount equal to $94
14$60 for each household pesticide and industrial pesticide product for which an
15applicant pays a license fee in the environmental fund for environmental
16management.
SB426, s. 12 17Section 12. 94.681 (7) (a) 2. of the statutes is repealed.
SB426, s. 13 18Section 13. 94.72 (6) (a) 1. of the statutes is repealed.
SB426, s. 14 19Section 14. 94.72 (6) (a) 2. of the statutes is amended to read:
SB426,8,2220 94.72 (6) (a) 2. For commercial feeds distributed in this state beginning on or
21after
January 1, 2002, and ending on December 31, 2002, a feed inspection fee of 23
22cents per ton.
SB426, s. 15 23Section 15. 94.72 (6) (a) 2m. of the statutes is created to read:
SB426,8,2524 94.72 (6) (a) 2m. For commercial feeds distributed in this state on or after
25January 1, 2003, a feed inspection fee of 28 cents per ton or $30, whichever is greater.
SB426, s. 16
1Section 16. 94.73 (6) (b) of the statutes is amended to read:
SB426,9,52 94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall
3reimburse a responsible person an amount equal to 80% 75% of the corrective action
4costs incurred for each discharge site that are greater than $3,000 and less than
5$400,000.
SB426, s. 17 6Section 17. 94.73 (6) (c) (intro.) of the statutes is amended to read:
SB426,9,107 94.73 (6) (c) (intro.) Except as provided in par. (e), the department shall
8reimburse a responsible person an amount equal to 80% 75% of the corrective action
9costs incurred for each discharge site that are greater than $7,500 and less than
10$400,000 if any of the following applies:
SB426, s. 18 11Section 18. 94.73 (15) (a) of the statutes is amended to read:
SB426,9,1912 94.73 (15) (a) The department may, by rule, reduce any of the surcharges in ss.
1394.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704
14(3) (a) 2. below the amounts specified in those provisions. The department shall
15adjust surcharge amounts as necessary to maintain a balance in the agricultural
16chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not
17more than $5,000,000 $3,000,000, but may not increase a surcharge amount over the
18amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703
19(3) (a) 2., or 94.704 (3) (a) 2.
SB426, s. 19 20Section 19 . Initial applicability.
SB426,9,2321 (1) Agricultural chemical cleanup program reimbursement. The treatment
22of sections 94.73 (6) (b) and (c) (intro.) of the statutes first applies to costs incurred
23on the effective date of this subsection.
SB426, s. 20 24Section 20. Effective date.
SB426,10,3
1(1) Agricultural chemical cleanup program reimbursement. The treatment
2of section 94.73 (6) (b) and (c) (intro.) of the statutes and Section 19 (1) take effect
3on January 1, 2003.
SB426,10,54 (2) Amount deposited in environmental fund. The treatment of sections 25.46
5(4) and 94.681 (7) (a) (intro.), 1., and 2. of the statutes takes effect on July 1, 2003.
SB426,10,76 (3) Pesticide fees and surcharges. The treatment of section 94.681 (1) (cm),
7(2), (3), (3m), and (3s) of the statutes takes effect on December 1, 2003.
SB426,10,88 (End)
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