92.14 (4) (title) Other
soil land and water resource grants. (intro.) From the moneys remaining in s. 20.115 (7) (c) and (qd) after the department has awarded all grants for a year under sub. (3) or from the appropriation under s. 20.115 (7) (qd) 20.866 (2) (we), the department may award grants to any eligible county, including any county which has received a grant under sub. (3) or (3m), for one or more of the following:
27,2490r
Section 2490r. 92.14 (4) (a) of the statutes is amended to read:
92.14 (4) (a) Implementing soil
land and water resource management projects to manage animal waste and conserve soil approved in plans under s. 92.10 and under s. 92.15, 1985 stats.
27,2490s
Section 2490s. 92.14 (4) (b) of the statutes is amended to read:
92.14 (4) (b) Implementing soil
land and water resource management projects undertaken to comply with the requirements under ss. 92.104 and 92.105 by persons claiming a farmland preservation credit under subch. IX of ch. 71.
27,2490tm
Section 2490tm. 92.14 (4m) of the statutes is repealed and recreated to read:
92.14 (4m) Grant priority. The department shall give grants under sub. (4) (c) priority over other grants under sub. (4) and grants under sub. (3m).
27,2491
Section 2491
. 92.14 (5) (title) and (a) of the statutes are amended to read:
92.14 (5) (title) Animal waste management grants in a priority watershed or priority lake area. (a) From the appropriation under s. 20.115 (7) (km), the department may make a grant for the purpose specified in sub. (4) (c) if the facility or system will be located in a priority watershed, as defined in s. 281.65 (2) (c), or a priority lake area, as defined in s. 281.65 (2) (bs), and the conditions specified in sub. (4) (c) are satisfied.
27,2491cm
Section 2491cm. 92.14 (6) (a) of the statutes is amended to read:
92.14 (6) (a) The department shall establish a priority list of funding needs propose spending levels for soil land and water resource management activities under this section. The department shall submit the proposed spending levels to the board. The board shall review the proposed spending levels and shall approve, approve with modifications or disapprove the spending levels. The board may modify the spending levels if demand for grants under sub. (4) (c) is greater than was anticipated when the spending levels were established.
27,2491d
Section 2491d. 92.14 (6) (b) of the statutes is amended to read:
92.14 (6) (b) The department, in cooperation with the department of natural resources, shall prepare an annual grant allocation plan, that is consistent with the spending levels approved under par. (a), identifying the amounts to be spent annually for the categories of soil
land and water resource management projects to be funded under this section and the general purposes of those projects, which it shall specify. The department shall submit that plan to the board.
27,2491dg
Section 2491dg. 92.14 (6) (i) 2. of the statutes is amended to read:
92.14 (6) (i) 2. Conduct all land management and pollutant management activities in substantial accordance with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 and with plans approved under this section, under s. 92.15, 1985 stats., and under ss. 92.08, 92.10, 92.14 and 281.65, or to repay the cost-sharing funds to the grant recipient.
27,2491dr
Section 2491dr. 92.14 (6) (j) of the statutes is amended to read:
92.14 (6) (j) A grant awarded under this section may be used for technical assistance, educational and training assistance, ordinance development and administration, cost-sharing for management practices and capital improvements, plan preparation under s. 92.10 (4) (c), easements or other activities determined by the department to satisfy the requirements of this chapter.
27,2491e
Section 2491e. 92.14 (7) of the statutes is amended to read:
92.14 (7) Maintenance of effort. The department may not make a grant to a county under this section in any fiscal year unless that county enters into an agreement with the department to maintain or increase its aggregate expenditures from other sources for soil land and water conservation activities at or above the average level of such expenditures in its 2 fiscal years preceding August 1, 1987.
27,2491h
Section 2491h. 92.14 (10) of the statutes is amended to read:
92.14 (10) Training. The county may use a grant under this section for training required under s. 92.18 or for any other training necessary to prepare personnel to perform job duties related to this section. The department may contract with any person from the appropriation under s. 20.115 (7) (c) for services to administer or implement this chapter, including information and education and training.
27,2491L
Section 2491L. 92.15 of the statutes is created to read:
92.15 Local regulation of livestock operations. (1) In this section:
(a) “Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.
(b) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
(2) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).
(3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under s. 281.15.
(b) The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a).
(4) A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on the effective date of this subsection .... [revisor inserts date], unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14, 281.16 (5) or 281.65 or from any other source.
(5) Any livestock operation that exists on the effective date of this subsection .... [revisor inserts date], and that is required to obtain a permit under s. 283.31 or that receives a notice of discharge under ch. 283 may continue to operate as a livestock operation at the same location notwithstanding s. 59.69 (10) (a) or 62.23 (7) (h) or any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on the effective date of this subsection .... [revisor inserts date].
27,2493
Section 2493
. 93.06 (12) of the statutes is created to read:
93.06 (12) Federal dairy policy reform. Provide assistance to organizations to seek the reform of federal milk marketing orders and other federally authorized dairy pricing policies for the benefit of milk producers in this state.
27,2493b
Section 2493b. 93.06 (12) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.
27,2494
Section 2494
. 93.07 (5) of the statutes is amended to read:
93.07 (5) Advice to university of Wisconsin system. To give advice to the secretary of education state superintendent of public instruction as to the courses in agricultural economics to be given in the university of Wisconsin system.
27,2498v
Section 2498v. 93.41 (2m) of the statutes is created to read:
93.41 (2m) The department shall conduct research on the incidence, levels and effects of stray voltage on agriculture in this state, including the prevalence and economic effects of stray voltage on milk production in this state.
27,2499
Section 2499
. 93.41 (3) of the statutes is created to read:
93.41 (3) The department shall impose annual fees upon rural electric cooperatives organized under ch. 185. The amount of the fees shall total the amount appropriated under s. 20.115 (3) (jm). The fees received under this subsection shall be credited to the appropriation account under s. 20.115 (3) (jm).
27,2500
Section 2500
. 93.47 (2) of the statutes is amended to read:
93.47 (2) The department may award grants from the appropriation accounts under s. 20.115 (4) (c) and (i) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.
27,2501
Section 2501
. 93.47 (3) of the statutes is repealed.
27,2501e
Section 2501e. 93.50 (1) (b) of the statutes is repealed.
27,2501f
Section 2501f. 93.50 (2) (title) and (a) to (b) of the statutes are amended to read:
93.50 (2) (title) Board, mediators Mediators and arbitrators. (a) Selection of mediators. The
board department shall select mediators who are residents of this state, who have the character and ability to serve as mediators and who have knowledge of financial or agricultural matters or of mediation processes. The board
department shall ensure that each mediator receives sufficient training in mediation processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the mediator to perform his or her functions under this section.
(am) Selection of arbitrators. The board department shall select arbitrators who are residents of this state, who have the character and ability to serve as arbitrators and who have knowledge of financial or agricultural matters or of arbitration processes. The board department shall ensure that each arbitrator receives sufficient training in arbitration processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the arbitrator to perform his or her functions under this section.
(b) Compensation of mediators and arbitrators. Mediators and arbitrators shall be compensated for travel and other necessary expenses in amounts approved by the board department.
27,2501g
Section 2501g. 93.50 (2) (d) to (f) of the statutes are amended to read:
93.50 (2) (d) Forms and publicity. The board department shall prepare all forms necessary for the administration of this section and shall ensure that forms are disseminated and that the availability of mediation and arbitration under this section is publicized.
(e) Exclusion from open records law. All mediators and arbitrators shall keep confidential all information and records obtained in conducting mediation and arbitration. The board department shall keep confidential all information and records that may serve to identify any party to mediation and arbitration under this section. Any information required to be kept confidential under this paragraph may be disclosed if the board department and the parties agree to disclosure.
(f) Rule making. The board
department may promulgate rules necessary to implement this section. The board department may promulgate rules defining owners and creditors of agriculturally related businesses and permitting owners and creditors of such businesses to participate in mediation and arbitration subject to the same terms and conditions applicable to farmers and creditors under this section. The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute as eligible for mediation only with the approval of the department.
27,2501h
Section 2501h. 93.50 (3) (am) 6. of the statutes is amended to read:
93.50 (3) (am) 6. A kind of dispute specified as eligible for mediation by the board department by rule.
27,2501i
Section 2501i. 93.50 (3) (b) of the statutes is amended to read:
93.50 (3) (b) Request for mediation; agreement to mediate. To participate in mediation, the farmer or other party to a dispute described in par. (am) shall submit a request for mediation to the board department on forms prepared by the board department. The board department may not proceed under this section until the farmer and the other party have submitted an agreement to mediate.
27,2501j
Section 2501j. 93.50 (3) (e) of the statutes is amended to read:
93.50 (3) (e) Selection of mediator. If the board department has obtained the agreement under par. (b), the farmer and the other party may request the board
department to provide the names, mailing addresses and qualifications of up to 3 mediators located in the geographical area in which the agricultural property or farmer is located. The parties shall select a mediator or, upon request of the parties, the board department shall designate a mediator for the parties.
27,2501k
Section 2501k. 93.50 (4) (b) of the statutes is amended to read:
93.50 (4) (b) Request for arbitration; agreement to arbitrate. To participate in arbitration, the farmer and other party under par. (a) shall submit a request for arbitration to the board department on a form prepared by the board department. After receipt of the request, if the parties wish to proceed to arbitration under this subsection, the board department shall require the parties to enter into an agreement to binding arbitration on a form prepared by the board department.
27,2501L
Section 2501L. 93.50 (4) (e) of the statutes is amended to read:
93.50 (4) (e) Selection of arbitrator. After the board department has obtained the agreement under par. (b), the farmer and the other party may request the board
department to provide the names, mailing addresses and qualifications of up to 3 arbitrators located in the geographical area in which the agricultural property or farmer is located. The parties shall select an arbitrator or, upon request of the parties, the board department shall designate an arbitrator for the parties.
27,2502
Section 2502
. 93.60 of the statutes is amended to read:
93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (j), (ja), (L) and (m), (7) (g), (ga), (gm), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.
27,2503
Section 2503
. 94.64 (3) (b) of the statutes is amended to read:
94.64 (3) (b) An applicant for a license under par. (a) shall submit an application on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall identify the each business location or mobile unit that the applicant uses to manufacture fertilizer in this state. The application shall be accompanied by all applicable fees under par. (c) sub. (3r).
27,2504
Section 2504
. 94.64 (3) (c) of the statutes is repealed.
27,2505
Section 2505
. 94.64 (3r) of the statutes is created to read:
94.64 (3r) License fees and surcharges. (a) A person applying for a license under sub. (3) shall pay the following annual license fees:
1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, $30.
2. If the applicant distributes, but does not manufacture, fertilizer in this state, $30.
(b) Beginning with the license year that begins on August 15, 2000, a person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes lower surcharges under s. 94.73 (15):
1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $20.
2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20.
(c) The department shall deposit the license fees collected under par. (a) in the agrichemical management fund. The department shall deposit the surcharges collected under par. (b) in the agricultural chemical cleanup fund.
27,2506
Section 2506
. 94.64 (4) to (6) of the statutes are repealed and recreated to read:
94.64 (4) Tonnage fees and surcharges. (a) Requirement. Except as provided in par. (b), a person who is required to be licensed under sub. (3) and who sells or distributes fertilizer in this state shall pay to the department the following fees and surcharges on all fertilizer that the person sells or distributes in this state:
1. A basic fee of 25 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999, and 32 cents per ton for fertilizer sold or distributed after June 30, 1999, with a minimum fee of $25.
2. A research fee of 10 cents per ton, with a minimum fee of $1.
3. An additional research fee of 10 cents per ton, with a minimum fee of $1.
4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.
5. An agricultural chemical cleanup surcharge of 38 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 1999, unless the department establishes a lower surcharge under s. 94.73 (15).
(b) Exemptions. Paragraph (a) does not apply to any of the following:
1. Fertilizer sold or distributed to a manufacturer for use in the further manufacture or processing of fertilizer.
2. Fertilizer sold or distributed to a person licensed under sub. (3) (a), for resale by that person.
(c) Use of fees and surcharges. 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.
2. The department shall credit the fee under par. (a) 2. to the appropriation account under s. 20.115 (7) (h).
3. The department shall credit the fee under par. (a) 3. to the appropriation account under s. 20.285 (1) (hm).
4. The department shall deposit the fee under par. (a) 4. in the environmental fund for environmental management.
5. The department shall deposit the surcharge under par. (a) 5. in the agricultural chemical cleanup fund.
