AB100-ASA1-AA8,253,118
92.05
(3) (k)
Nutrient management rules. The department shall promulgate
9rules to improve agricultural nutrient management in this state. The rules shall be
10consistent with rules promulgated under s. 281.16 (3) and shall include incentives,
11educational and outreach provisions and compliance requirements.".
AB100-ASA1-AA8,253,1614
92.07
(7m) Assistance to the department of transportation. Each land
15conservation committee shall cooperate with the department of transportation as
16requested under s. 85.195.".
AB100-ASA1-AA8,254,220
92.14
(3m) Shoreland management grants. (intro.) From the appropriation
21under s. 20.115 (7)
(c) or (qd), the department shall award grants to counties or
22farmers for implementing best management practices required under a shoreland
1management ordinance enacted under s. 92.17, including reimbursement for all of
2the following:".
AB100-ASA1-AA8,254,95
92.14
(4) (title)
Other soil land and water resource grants. (intro.) From
6the moneys remaining in s. 20.115 (7) (c)
and (qd) after the department has awarded
7all grants for a year under sub. (3)
or from the appropriation under s. 20.115 (7) (qd),
8the department may award grants to any eligible county, including any county which
9has received a grant under sub. (3)
or (3m), for one or more of the following:".
AB100-ASA1-AA8,254,12
10918. Page 1153, line 20: delete lines 20 and 21 and substitute "
to manage
11animal waste and conserve soil approved in plans under s. 92.10
and under s. 92.15,
121985 stats.".
AB100-ASA1-AA8,254,1615
92.14
(4m) Grant priority. The department shall give grants under sub. (4)
16(c) priority over other grants under sub. (4) and grants under sub. (3m).".
AB100-ASA1-AA8,255,219
92.14
(6) (a) The department shall
establish a priority list of funding needs 20propose spending levels for
soil
land and water resource management activities
21under this section.
The department shall submit the proposed spending levels to the
22board. The board shall review the proposed spending levels and shall approve,
23approve with modifications or disapprove the spending levels. The board may modify
1the spending levels if demand for grants under sub. (4) (c) is greater than was
2anticipated when the spending levels were established.".
AB100-ASA1-AA8,255,139
92.14
(10) Training. The county may use a grant under this section for training
10required under s. 92.18 or for any other training necessary to prepare personnel to
11perform job duties related to this section. The department may contract with any
12person
from the appropriation under s. 20.115 (7) (c) for services to administer or
13implement this chapter, including information and education and training.".
AB100-ASA1-AA8,256,218
93.50
(2) (title)
Board, mediators Mediators and arbitrators. (a)
Selection of
19mediators. The
board department shall select mediators who are residents of this
20state, who have the character and ability to serve as mediators and who have
21knowledge of financial or agricultural matters or of mediation processes. The
board 22department shall ensure that each mediator receives sufficient training in mediation
23processes, resolving conflicts, farm finance and management and the farm credit
1system and practices to enable the mediator to perform his or her functions under
2this section.
AB100-ASA1-AA8,256,93
(am)
Selection of arbitrators. The
board department shall select arbitrators
4who are residents of this state, who have the character and ability to serve as
5arbitrators and who have knowledge of financial or agricultural matters or of
6arbitration processes. The
board department shall ensure that each arbitrator
7receives sufficient training in arbitration processes, resolving conflicts, farm finance
8and management and the farm credit system and practices to enable the arbitrator
9to perform his or her functions under this section.
AB100-ASA1-AA8,256,1210
(b)
Compensation of mediators and arbitrators. Mediators and arbitrators
11shall be compensated for travel and other necessary expenses in amounts approved
12by the
board department.
AB100-ASA1-AA8,256,1714
93.50
(2) (d)
Forms and publicity. The
board department shall prepare all
15forms necessary for the administration of this section and shall ensure that forms are
16disseminated and that the availability of mediation and arbitration under this
17section is publicized.
AB100-ASA1-AA8,256,2318
(e)
Exclusion from open records law. All mediators and arbitrators shall keep
19confidential all information and records obtained in conducting mediation and
20arbitration. The
board department shall keep confidential all information and
21records that may serve to identify any party to mediation and arbitration under this
22section. Any information required to be kept confidential under this paragraph may
23be disclosed if the
board department and the parties agree to disclosure.
AB100-ASA1-AA8,257,524
(f)
Rule making. The
board department may promulgate rules necessary to
25implement this section. The
board department may promulgate rules defining
1owners and creditors of agriculturally related businesses and permitting owners and
2creditors of such businesses to participate in mediation and arbitration subject to the
3same terms and conditions applicable to farmers and creditors under this section.
4The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute
5as eligible for mediation only with the approval of the department.
AB100-ASA1-AA8,257,87
93.50
(3) (am) 6. A kind of dispute specified as eligible for mediation by the
8board department by rule.
AB100-ASA1-AA8,257,1410
93.50
(3) (b)
Request for mediation; agreement to mediate. To participate in
11mediation, the farmer or other party to a dispute described in par. (am) shall submit
12a request for mediation to the
board department on forms prepared by the
board 13department. The
board department may not proceed under this section until the
14farmer and the other party have submitted an agreement to mediate.
AB100-ASA1-AA8,257,2116
93.50
(3) (e)
Selection of mediator. If the
board department has obtained the
17agreement under par. (b), the farmer and the other party may request the
board 18department to provide the names, mailing addresses and qualifications of up to 3
19mediators located in the geographical area in which the agricultural property or
20farmer is located. The parties shall select a mediator or, upon request of the parties,
21the
board department shall designate a mediator for the parties.
AB100-ASA1-AA8,258,323
93.50
(4) (b)
Request for arbitration; agreement to arbitrate. To participate in
24arbitration, the farmer and other party under par. (a) shall submit a request for
25arbitration to the
board department on a form prepared by the
board department.
1After receipt of the request, if the parties wish to proceed to arbitration under this
2subsection, the
board department shall require the parties to enter into an
3agreement to binding arbitration on a form prepared by the
board department.
AB100-ASA1-AA8,258,105
93.50
(4) (e)
Selection of arbitrator. After the
board department has obtained
6the agreement under par. (b), the farmer and the other party may request the
board 7department to provide the names, mailing addresses and qualifications of up to 3
8arbitrators located in the geographical area in which the agricultural property or
9farmer is located. The parties shall select an arbitrator or, upon request of the
10parties, the
board department shall designate an arbitrator for the parties.".
AB100-ASA1-AA8,259,216
94.69
(10) The department shall promulgate rules when it determines that it
17is necessary for the protection of persons or property from serious pesticide hazards
18and that its enforcement is feasible and will substantially eliminate or reduce such
19hazards. In making this determination the department shall consider the toxicity,
20hazard, effectiveness and public need for the pesticides, and the availability of less
21toxic or less hazardous pesticides or other means of pest control.
It shall obtain the
22recommendations of the pesticide review board and such rules, other than rules to
23protect groundwater adopted to comply with ch. 160, are not effective until approved
24by the pesticide review board. Such These rules
shall do not affect the application
1of any other statutes or
rule adopted thereunder rules promulgated under those
2statutes.".
AB100-ASA1-AA8,259,175
94.705
(2) Certification standards.
Notwithstanding s. 250.09, the The 6department shall, by rule, adopt standards for the training and certification of
7private and commercial applicators, at least equal to but not to exceed federal
8standards adopted under the federal act. In the adoption of the standards, separate
9categories of pesticide use and application may be established for certification
10purposes depending on the specific types of pesticides used, the purposes for which
11they are used, types of equipment required in their application, the degree of
12knowledge and skill required and other factors which may warrant the creation of
13different categories. The standards shall provide that individuals to be certified must
14be competent with respect to the use and application of pesticides in the various
15categories of pesticide use and application for which certification is desired. For
16commercial applicators, competence in the use and handling of pesticides shall be
17determined on the basis of written examinations.
AB100-ASA1-AA8,260,319
94.708
(4) Exception. The department shall promulgate rules establishing
20standards for the sale, advertisement and use of pesticides for emergency bat control.
21The
pesticide review board department may issue a permit authorizing the use of a
22pesticide in accordance with the rules
promulgated by the department that it
23promulgates only in the case of an individual bat colony after a determination that
24there exists an outbreak of rabies that threatens public health or another situation
1where the existence of a colony of bats threatens the health or welfare of any person.
2The
pesticide review board department may not base its determination on an
3isolated individual instance of a rabid bat.".
AB100-ASA1-AA8,260,8
8"
Section 2537b. 94.73 (6) (b) of the statutes is repealed and recreated to read:
AB100-ASA1-AA8,260,119
94.73
(6) (b) Except as provided in pars. (c) and (e), the department shall
10reimburse a responsible person an amount equal to 80% of the corrective action costs
11incurred for each discharge site that are greater than $3,000 and less than $400,000.
AB100-ASA1-AA8,260,1613
94.73
(6) (c) Except as provided in par. (e), the department shall reimburse a
14responsible person an amount equal to 80% of the corrective action costs incurred for
15each discharge site that are greater than $7,500 and less than $400,000 if any of the
16following applies:
AB100-ASA1-AA8,260,1717
1. The responsible person is required to be licensed under ss. 94.67 to 94.71.
AB100-ASA1-AA8,260,1818
2. The responsible person employs more than 25 persons.
AB100-ASA1-AA8,260,1919
3. The responsible person has gross annual sales of more than $2,500,000.
AB100-ASA1-AA8,261,221
94.73
(6) (d) For the purposes for pars. (b) and (c), a discharge that occurs in
22the course of transporting an agricultural chemical is considered to have occurred at
23the site from which the agricultural chemical was being transported if the site from
1which the agricultural chemical was being transported is under the ownership or
2control of the person transporting the agricultural chemical.
AB100-ASA1-AA8,261,64
94.73
(6) (e) The department may not reimburse corrective action costs that
5exceed $100,000 for any one discharge for which groundwater remediation is not
6ordered unless the criteria in rules promulgated under par. (f) are satisfied.".
AB100-ASA1-AA8,261,16
1695.60 Importing fish; fish farms. (1) In this section:
AB100-ASA1-AA8,261,2117
(a) "Fish farm" means a facility at which a person hatches fish eggs or rears fish
18for the purpose of introduction into the waters of the state, human or animal
19consumption, permitting fishing, use as bait or fertilizer or any other purpose
20specified by the department by rule or for sale to another person to rear for one of
21those purposes.
AB100-ASA1-AA8,261,2222
(b) "Waters of the state" has the meaning given in s. 281.01 (18).
AB100-ASA1-AA8,262,3
1(2) (a) No person may bring any fish or fish eggs into this state for the purpose
2of introduction into the waters of the state, of use as bait or of rearing in a fish farm
3without an annual permit issued by the department.
AB100-ASA1-AA8,262,74
(b) No person may bring any fish or fish eggs of the family salmonidae into this
5state for the purpose of introduction into the waters of the state unless the fish are
6certified, as provided in the rules promulgated under sub. (4s) (d), to be free of the
7diseases specified under sub. (4s) (d).
AB100-ASA1-AA8,262,98
(c) The department may require a person who is subject to par. (a) or (b) to notify
9the department before bringing fish or fish eggs into this state.
AB100-ASA1-AA8,262,1010
(d) The department of natural resources is exempt from par. (a).
AB100-ASA1-AA8,262,14
11(3) A person who operates a fish farm shall obtain an annual health certificate
12from a veterinarian licensed under ch. 453 or from a person who is qualified to issue
13fish health certificates under sub. (4s) (c) for any fish eggs present or any fish reared
14on the fish farm.
AB100-ASA1-AA8,262,19
15(3m) A person who operates a fish farm shall annually register the fish farm
16with the department. The person registering the fish farm shall provide evidence of
17the health certificate required under sub. (3) and shall identify the activities that will
18be engaged in, the species of fish that will be used and the facilities that will be used
19on the fish farm.
AB100-ASA1-AA8,262,21
20(4) (a) The department shall inspect a fish farm upon initial registration under
21sub. (3m). The department may inspect a fish farm at any other time.
AB100-ASA1-AA8,262,2522
(b) The department may inspect fish and fish eggs subject to subs. (2) and (3)
23and the rules under sub. (4s) (b) to ensure the health of the fish and fish eggs. The
24inspection may include removal of reasonable samples of the fish and fish eggs for
25biological examination.
AB100-ASA1-AA8,263,3
1(c) A person who operates a fish farm shall keep records on purchases, sales and
2production of fish and fish eggs and any other records required by the department
3by rule. The department may inspect these records upon request.
AB100-ASA1-AA8,263,4
4(4m) The department shall maintain a registry of fish farms.
