Amendment ASA1-AB100

AB100-ASA1, s. 2577 Section 2577. 281.65 (3m) of the statutes is created to read:

AB100-ASA1,1505,16 281.65 (3m) (a) 1. No later than July 1, 1998, the board shall identify priority watersheds based on the list submitted under sub. (4) (c) and recommendations by the department and the department of agriculture, trade and consumer protection without regard to any priority watershed designations made before the board acts under this subdivision, except for priority watershed designations under sub. (4) (cm). The department and the department of agriculture, trade and consumer protection shall limit the number of watersheds that they recommend to the board to the number that they determine will enable the department to comply with sub. (4) (g) 9., assuming that the level of funding for the program under this section remains the same as on the effective date of this subdivision .... [revisor inserts date].

AB100-ASA1,1505,21 2. If a watershed is designated as a priority watershed before the board acts under subd. 1. and the board does not identify the watershed as a priority watershed under subd. 1., the board shall terminate the watershed's designation as a priority watershed. This subdivision does not apply to priority watershed designations made under sub. (4) (cm).

AB100-ASA1,1505,25 (b) 1. No later than July 1, 1998, the board shall identify priority lakes based on the list submitted under sub. (4) (cd) and recommendations by the department and the department of agriculture, trade and consumer protection without regard to any priority lake designations made before the board acts under this subdivision.

AB100-ASA1,1506,3 2. If a lake is designated as a priority lake before the board acts under subd. 1. and the board does not identify the lake as a priority lake under subd. 1., the board shall terminate the lake's designation as a priority lake.

AB100-ASA1,1506,6 (c) If the board terminates a priority watershed or priority lake designation under this subsection, the board shall direct the department to eliminate funding for the project in the former priority watershed or priority lake area.

AB100-ASA1,1506,10 (d) 1. If a watershed is designated as a priority watershed before the board acts under par. (a) 1. and the board identifies the watershed as a priority watershed under par. (a) 1., the board shall direct the department to continue funding for the project in the priority watershed.

AB100-ASA1,1506,13 2. If a lake is designated as a priority lake before the board acts under par. (b) 1. and the board identifies the lake as a priority lake under par. (b) 1., the board shall direct the department to continue funding for the project in the priority lake area.

AB100-ASA1, s. 2578 Section 2578. 281.65 (4) (c) of the statutes is repealed and recreated to read:

AB100-ASA1,1506,19 281.65 (4) (c) Prepare a list of the watersheds in this state in order of the level of impairment of the waters in each watershed caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.

AB100-ASA1, s. 2579 Section 2579. 281.65 (4) (cd) of the statutes is repealed and recreated to read:

AB100-ASA1,1506,25 281.65 (4) (cd) Prepare a list of the lakes in this state in order of the level of impairment of the waters in the lakes caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.

AB100-ASA1, s. 2580 Section 2580. 281.65 (4) (dm) of the statutes is amended to read:

AB100-ASA1,1507,4 281.65 (4) (dm) Establish water quality objectives for each water basin and for each priority watershed and priority lake and identify the best management practices to achieve the water quality objectives.

AB100-ASA1, s. 2581 Section 2581. 281.65 (4) (e) of the statutes is amended to read:

AB100-ASA1,1507,22 281.65 (4) (e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The standards and specifications shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16. The department may waive the standards and specifications in exceptional cases. The rules shall specify which best management practices are cost-effective best management practices. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.

AB100-ASA1, s. 2582 Section 2582. 281.65 (4) (em) of the statutes is created to read:

AB100-ASA1,1508,4 281.65 (4) (em) In identifying best management practices under pars. (dm) and (g) 4., identify cost-effective best management practices, as specified under par. (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

AB100-ASA1, s. 3583m Section 3583m. 281.65 (4) (f) of the statutes is amended to read:

AB100-ASA1,1508,14 281.65 (4) (f) Administer the distribution of grants and aids to governmental units for local administration and implementation of the program under this section. 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 par. (g), easements or other activities determined by the department to satisfy the requirements of this section. A grant may not be used for promotional items, except for promotional items that are used for informational purposes, such as brochures or videos.

AB100-ASA1, s. 2583 Section 2583. 281.65 (4) (g) (intro.) of the statutes is amended to read:

AB100-ASA1,1508,21 281.65 (4) (g) (intro.) In cooperation with the department of agriculture, trade and consumer protection and the appropriate governmental unit, prepare priority watershed and priority lakes plans to implement nonpoint source water pollution abatement projects and storm water control activities described in sub. (8c) in priority watersheds and priority lake areas, as designated under sub. (3) (am) or (4) (cm). In preparing the plans, the department shall:

AB100-ASA1, s. 2584 Section 2584. 281.65 (4) (L) of the statutes is created to read:

AB100-ASA1,1509,2 281.65 (4) (L) Before September 1 of each year, in consultation with the department of agriculture, trade and consumer protection, submit a budget report to the board that includes anticipated expenditures for projects under this section during the next year, criteria for ending projects under this section and, if anticipated expenditures exceed anticipated funding, a plan for reducing expenditures.

AB100-ASA1, s. 3585m Section 3585m. 281.65 (4) (r) of the statutes is repealed.

AB100-ASA1, s. 2585 Section 2585. 281.65 (4c) of the statutes is created to read:

AB100-ASA1,1509,9 281.65 (4c) (a) Beginning on July 1, 1998, a governmental unit may request funding for a priority watershed project, a priority lake project or a nonpoint source water pollution abatement project that is not in a priority watershed or a priority lake area by submitting an application to the board. An application shall be submitted before July 15 to be considered for initial funding in the following year.

AB100-ASA1,1509,13 (b) The department, in consultation with the department of agriculture, trade and consumer protection, shall use the system approved under par. (e) to determine the score of each project for which the board receives an application under par. (a) and shall inform the board of the scores no later than September 1 of each year.

AB100-ASA1,1509,17 (c) After receiving project scores under par. (b) and before November 1 of each year, the board shall select projects for funding under this section in the following year. To the extent practicable, within the requirements of this section, the board shall select projects so that projects are distributed evenly around this state.

AB100-ASA1,1509,22 (d) No later than April 1, 1998, the department, in consultation with the department of agriculture, trade and consumer protection, shall propose to the board a scoring system for ranking nonpoint source water pollution abatement projects for which applications are submitted under par. (a). The criteria on which the scoring system is based shall include all of the following:

AB100-ASA1,1509,24 1. The extent to which the application proposes to use the cost-effective and appropriate best management practices to achieve water quality goals.

AB100-ASA1,1510,3 2. The existence in the project area of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

AB100-ASA1,1510,5 3. The extent to which the project will result in the attainment of established water quality objectives.

AB100-ASA1,1510,6 4. The local interest in and commitment to the project.

AB100-ASA1,1510,9 5. The inclusion of a strategy to evaluate the progress toward reaching project goals, including the monitoring of water quality improvements resulting from project activities.

AB100-ASA1,1510,11 6. The extent to which the application proposes to use available federal funding.

AB100-ASA1,1510,15 (e) The board shall review the scoring system proposed under par. (d) and shall approve the system as submitted or shall modify and approve the system. The board shall review the system at least once every 2 years and may require the department to submit a revised system after a review.

AB100-ASA1, s. 3586g Section 3586g. 281.65 (4e) of the statutes is created to read:

AB100-ASA1,1510,23 281.65 (4e) The department of natural resources and the department of agriculture, trade and consumer protection, jointly, shall prepare a plan to allocate funding from the program under this section for staff in every county as funds become available from the completion or termination of projects under this section. The departments shall submit the plan to the land and water conservation board by July 1, 1998. The department of natural resources shall implement the plan upon the approval of the land and water conservation board.

AB100-ASA1, s. 2586 Section 2586. 281.65 (4g) of the statutes is amended to read:

AB100-ASA1,1511,7 281.65 (4g) The department may contract with any person from the appropriations appropriation account under s. 20.370 (6) (aa) and (4) (at) for services to administer or implement this section, including information and education and training services. The department shall allocate $500,000 in each fiscal year from the appropriation account under s. 20.370 (4) (at) for contracts for educational and technical assistance related to the program under this section provided by the University of Wisconsin-Extension.

AB100-ASA1, s. 2587 Section 2587. 281.65 (5) (b) of the statutes is amended to read:

AB100-ASA1,1511,18 281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under ss. 92.104 and 92.105, animal waste management and selection of agriculturally related best management practices and submit those sections to the department for inclusion under sub. (4m) (b). The best management practices shall be cost-effective best management practices, as specified under sub. (4) (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

AB100-ASA1, s. 3588c Section 3588c. 281.65 (5) (c) of the statutes is repealed.

AB100-ASA1, s. 3588s Section 3588s. 281.65 (7m) of the statutes is created to read:

AB100-ASA1,1511,23 281.65 (7m) The state share of a grant for local administration under this section may not exceed 70% of the cost of the activities for which the grant is provided if the department first provides a grant to fund those activities after June 30, 1998.

AB100-ASA1, s. 2588 Section 2588. 281.65 (8) (cm) of the statutes is amended to read:

AB100-ASA1,1512,4 281.65 (8) (cm) Grants may be provided from the appropriations under s. 20.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the projects are in conformance with areawide water quality management plans and the purposes specified under sub. (1).

AB100-ASA1, s. 2589 Section 2589. 281.65 (8) (e) of the statutes is amended to read:

AB100-ASA1,1512,13 281.65 (8) (e) Except as provided in sub. (8c), grants may only be used for implementing best management practices. Grants for implementing best management practices may only be used for implementing cost-effective best management practices specified under sub. (4) (e) unless an applicant demonstrates that the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

AB100-ASA1, s. 2590 Section 2590. 281.65 (8) (f) of the statutes is repealed and recreated to read:

AB100-ASA1,1512,20 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the governmental unit submitting the application under sub. (4c) (a) and is approved by the board, except as provided under pars. (gm) and (jm) and except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice.

AB100-ASA1, s. 2591 Section 2591. 281.65 (8) (g) of the statutes is repealed.

AB100-ASA1, s. 3593b Section 3593b. 281.65 (8) (gm) of the statutes is amended to read:

AB100-ASA1,1513,2 281.65 (8) (gm) The department governmental unit submitting the application under sub. (4c) (a) shall exceed the limit under par. (g) and any limit imposed by rule on the total amount of a grant (f) in cases of economic hardship, as defined by the department by rule.

AB100-ASA1, s. 2592 Section 2592. 281.65 (8) (h) of the statutes is repealed.

AB100-ASA1, s. 2593 Section 2593. 281.65 (8) (hm) of the statutes is repealed.

AB100-ASA1, s. 2594 Section 2594. 281.65 (8) (i) of the statutes is repealed.

AB100-ASA1, s. 2595 Section 2595. 281.65 (8) (j) of the statutes is repealed.

AB100-ASA1, s. 2596 Section 2596. 281.65 (8) (jm) of the statutes is amended to read:

AB100-ASA1,1513,13 281.65 (8) (jm) Notwithstanding pars. par. (f) to (h), after cost-sharing grants have been available in a priority watershed or priority lake area for 36 months only a reduced grant, which may not exceed a percentage established by the department by rule of the cost of implementing the best management practice, may be provided to the owner or operator of a site designated as a critical site in a priority watershed plan under sub. (5m) or in a modification to such a plan under sub. (5s).

AB100-ASA1, s. 2597 Section 2597. 281.65 (8) (m) of the statutes is amended to read:

AB100-ASA1,1513,18 281.65 (8) (m) The department may recognize the value of a conservation easement created under s. 700.40 (2) and donated to the department, or to any person approved by the department, as constituting all or a portion of the landowner's or operator's share of a cost-sharing grant as determined under pars. par. (f) to (h).

AB100-ASA1, s. 3599am Section 3599am. 281.65 (11) of the statutes is created to read:

AB100-ASA1,1514,8 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2001. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.

AB100-ASA1, s. 3599b Section 3599b. 281.69 (title) of the statutes is amended to read:

AB100-ASA1,1514,10 281.69 (title) Lake management and classification grants.

AB100-ASA1, s. 3599c Section 3599c. 281.69 (1) of the statutes is renumbered 281.69 (1) (intro.) and amended to read:

AB100-ASA1,1514,15 281.69 (1) (title) Types of projects. (intro.) The department shall develop and administer a financial assistance program to provide grants for lake the following 3 types of projects:

AB100-ASA1,1514,17 (a) Lake management projects that will improve or protect the quality of water in lakes or the natural ecosystems of lakes.

AB100-ASA1, s. 3599d Section 3599d. 281.69 (1) (b) of the statutes is created to read:

AB100-ASA1,1514,20 281.69 (1) (b) Lake classification projects that will classify lakes by use and implement protection activities for the lakes based on their classification.

AB100-ASA1, s. 3599dm Section 3599dm. 281.69 (1) (c) of the statutes is created to read:

AB100-ASA1,1514,23 281.69 (1) (c) Lake classification technical assistance projects conducted by nonprofit corporations that will provide educational and technical assistance.

AB100-ASA1, s. 3599e Section 3599e. 281.69 (2) (title) of the statutes is created to read:

AB100-ASA1,1514,25 281.69 (2) (title) Amounts of grants.

AB100-ASA1, s. 3599f Section 3599f. 281.69 (2) of the statutes is renumbered 281.69 (2) (a) and amended to read:

AB100-ASA1,1515,5 281.69 (2) (a) The department may provide a grant under this section A grant for a lake management project may be made for up to 75% of the cost of a lake management the project but may not provide more than $200,000 per grant.

AB100-ASA1, s. 3599g Section 3599g. 281.69 (2) (b) of the statutes is created to read:

AB100-ASA1,1515,8 281.69 (2) (b) A grant for a lake classification project may be made for up to 75% of the cost of the project but may not exceed $50,000 per grant.

AB100-ASA1, s. 3599h Section 3599h. 281.69 (2) (c) of the statutes is created to read:

AB100-ASA1,1515,11 281.69 (2) (c) A grant for a lake classification technical assistance project may not exceed $200,000.

AB100-ASA1, s. 3599k Section 3599k. 281.69 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1515,16 281.69 (3) (title) Rules for lake management project grants. (intro.)  The department shall promulgate rules to administer and to determine eligibility for the program under this section grants for lake management projects. The rules shall include all of the following:

AB100-ASA1, s. 3599m Section 3599m. 281.69 (3) (c) of the statutes is renumbered 281.69 (7).

AB100-ASA1, s. 3599n Section 3599n. 281.69 (4) (title) of the statutes is created to read:

AB100-ASA1,1515,19 281.69 (4) (title) Lake management project grants; purchases.

AB100-ASA1, s. 3599p Section 3599p. 281.69 (4) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1515,23 281.69 (4) (b) (intro.) The recipient of the grant used for a purchase under sub. (3) (b) 1. may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the recipient if all of the following apply: