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(4) (dm) Establish water quality objectives
for each water basin and for
3each priority watershed and priority lake and identify the best management
4practices to achieve the water quality objectives.
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(4) (e) Promulgate rules, in consultation with the department of
7agriculture, trade and consumer protection, as are necessary for the proper
8execution and administration of the program under this section. Before
9promulgating rules under this paragraph, the department shall submit the rules to
10the land and water conservation board for review under sub. (3) (at). The rules shall
11include standards and specifications concerning best management practices which
12are required for eligibility for cost-sharing grants under this section.
The standards
13and specifications shall be consistent with the performance standards, prohibitions,
14conservation practices and technical standards under s. 281.16. The department
15may waive the standards and specifications in exceptional cases.
The rules shall
16specify which best management practices are cost-effective best management
17practices. Only persons involved in the administration of the program under this
18section, persons who are grant recipients or applicants and persons who receive
19notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules
20promulgated under this paragraph. Any rule promulgated under this paragraph
21which relates or pertains to agricultural practices relating to animal waste handling
22and treatment is subject to s. 13.565.
SB77-SSA1,1508,424
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(4) (em) In identifying best management practices under pars. (dm) and
25(g) 4., identify cost-effective best management practices, as specified under par. (e),
1except in situations in which the use of a cost-effective best management practice
2will not contribute to water quality improvement or will cause a water body to
3continue to be impaired as identified to the federal environmental protection agency
4under
33 USC 1313 (d) (1) (A).
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(4) (f) Administer the distribution of grants and aids to governmental
7units for local administration and implementation of the program under this section.
8A grant awarded under this section may be used for technical assistance, educational
9and training assistance, ordinance development and administration, cost-sharing
10for management practices and capital improvements, plan preparation under par.
11(g), easements or other activities determined by the department to satisfy the
12requirements of this section.
A grant may not be used for promotional items, except
13for promotional items that are used for informational purposes, such as brochures
14or videos.
SB77-SSA1, s. 3584
15Section
3584. 281.65 (4) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,1508,2116
281.65
(4) (g) (intro.) In cooperation with the department of agriculture, trade
17and consumer protection and the appropriate governmental unit, prepare priority
18watershed and priority lakes plans to implement nonpoint source water pollution
19abatement projects and storm water control activities described in sub. (8c) in
20priority watersheds and priority lake areas
, as designated under sub. (3) (am) or (4)
21(cm). In preparing the plans, the department shall:
SB77-SSA1,1509,223
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(4) (L) Before September 1 of each year, in consultation with the
24department of agriculture, trade and consumer protection, submit a budget report
25to the board that includes anticipated expenditures for projects under this section
1during the next year, criteria for ending projects under this section and, if anticipated
2expenditures exceed anticipated funding, a plan for reducing expenditures.
SB77-SSA1,1509,95
281.65
(4c) (a) Beginning on July 1, 1998, a governmental unit may request
6funding for a priority watershed project, a priority lake project or a nonpoint source
7water pollution abatement project that is not in a priority watershed or a priority
8lake area by submitting an application to the board. An application shall be
9submitted before July 15 to be considered for initial funding in the following year.
SB77-SSA1,1509,1310
(b) The department, in consultation with the department of agriculture, trade
11and consumer protection, shall use the system approved under par. (e) to determine
12the score of each project for which the board receives an application under par. (a)
13and shall inform the board of the scores no later than September 1 of each year.
SB77-SSA1,1509,1714
(c) After receiving project scores under par. (b) and before November 1 of each
15year, the board shall select projects for funding under this section in the following
16year. To the extent practicable, within the requirements of this section, the board
17shall select projects so that projects are distributed evenly around this state.
SB77-SSA1,1509,2218
(d) No later than April 1, 1998, the department, in consultation with the
19department of agriculture, trade and consumer protection, shall propose to the board
20a scoring system for ranking nonpoint source water pollution abatement projects for
21which applications are submitted under par. (a). The criteria on which the scoring
22system is based shall include all of the following:
SB77-SSA1,1509,2423
1. The extent to which the application proposes to use the cost-effective and
24appropriate best management practices to achieve water quality goals.
SB77-SSA1,1510,3
12. The existence in the project area of an impaired water body that the
2department has identified to the federal environmental protection agency under
33
3USC 1313 (d) (1) (A).
SB77-SSA1,1510,54
3. The extent to which the project will result in the attainment of established
5water quality objectives.
SB77-SSA1,1510,66
4. The local interest in and commitment to the project.
SB77-SSA1,1510,97
5. The inclusion of a strategy to evaluate the progress toward reaching project
8goals, including the monitoring of water quality improvements resulting from
9project activities.
SB77-SSA1,1510,1110
6. The extent to which the application proposes to use available federal
11funding.
SB77-SSA1,1510,1512
(e) The board shall review the scoring system proposed under par. (d) and shall
13approve the system as submitted or shall modify and approve the system. The board
14shall review the system at least once every 2 years and may require the department
15to submit a revised system after a review.
SB77-SSA1,1510,2317
281.65
(4e) The department of natural resources and the department of
18agriculture, trade and consumer protection, jointly, shall prepare a plan to allocate
19funding from the program under this section for staff in every county as funds
20become available from the completion or termination of projects under this section.
21The departments shall submit the plan to the land and water conservation board by
22July 1, 1998. The department of natural resources shall implement the plan upon
23the approval of the land and water conservation board.
SB77-SSA1,1511,7
1281.65
(4g) The department may contract with any person from the
2appropriations appropriation account under s. 20.370
(6) (aa) and (4) (at) for services
3to administer or implement this section, including information and education and
4training services.
The department shall allocate $500,000 in each fiscal year from the
5appropriation account under s. 20.370 (4) (at) for contracts for educational and
6technical assistance related to the program under this section provided by the
7University of Wisconsin-Extension.
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281.65
(5) (b) Prepare sections of the priority watershed or priority lake plan
10relating to farm-specific implementation schedules, requirements under ss. 92.104
11and 92.105, animal waste management and selection of agriculturally related best
12management practices and submit those sections to the department for inclusion
13under sub. (4m) (b).
The best management practices shall be cost-effective best
14management practices, as specified under sub. (4) (e), except in situations in which
15the use of a cost-effective best management practice will not contribute to water
16quality improvement or will cause a water body to continue to be impaired as
17identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
18(A).
SB77-SSA1,1511,2321
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(7m) The state share of a grant for local administration under this
22section may not exceed 70% of the cost of the activities for which the grant is provided
23if the department first provides a grant to fund those activities after June 30, 1998.
SB77-SSA1,1512,4
1281.65
(8) (cm) Grants may be provided
from the appropriations under s.
220.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the
3projects are in conformance with areawide water quality management plans and the
4purposes specified under sub. (1).
SB77-SSA1,1512,136
281.65
(8) (e) Except as provided in sub. (8c), grants may only be used for
7implementing best management practices.
Grants for implementing best
8management practices may only be used for implementing cost-effective best
9management practices specified under sub. (4) (e) unless an applicant demonstrates
10that the use of a cost-effective best management practice will not contribute to water
11quality improvement or will cause a water body to continue to be impaired as
12identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
13(A).
SB77-SSA1, s. 3591
14Section
3591. 281.65 (8) (f) of the statutes is repealed and recreated to read:
SB77-SSA1,1512,2015
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
16implementing the best management practice that is determined by the
17governmental unit submitting the application under sub. (4c) (a) and is approved by
18the board, except as provided under pars. (gm) and (jm) and except that a
19cost-sharing grant may not exceed 70% of the cost of implementing the best
20management practice.
SB77-SSA1,1513,223
281.65
(8) (gm) The
department governmental unit submitting the application
24under sub. (4c) (a) shall exceed the limit under par.
(g) and any limit imposed by rule
1on the total amount of a grant (f) in cases of economic hardship, as defined by the
2department by rule.
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281.65
(8) (jm) Notwithstanding
pars.
par. (f)
to (h), after cost-sharing grants
9have been available in a priority watershed or priority lake area for 36 months only
10a reduced grant, which may not exceed a percentage established by the department
11by rule of the cost of implementing the best management practice, may be provided
12to the owner or operator of a site designated as a critical site in a priority watershed
13plan under sub. (5m) or in a modification to such a plan under sub. (5s).
SB77-SSA1,1513,1815
281.65
(8) (m) The department may recognize the value of a conservation
16easement created under s. 700.40 (2) and donated to the department, or to any person
17approved by the department, as constituting all or a portion of the landowner's or
18operator's share of a cost-sharing grant as determined under
pars. par. (f)
to (h).
SB77-SSA1,1514,820
281.65
(11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay
21River is a priority watershed for the period ending on June 30, 2001.
22Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and
23(e), the department, in consultation with the local units of government involved with
24the priority watershed project, shall establish guidelines for the types of nonpoint
25source water pollution abatement practices to be eligible for cost-sharing grants in
1the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in
2the watershed may be based on the amount of pollution reduction achieved rather
3than on the cost of the practices installed, using guidelines developed by the
4department, in consultation with the local units of government involved with the
5priority watershed project. The department and the local governmental staff
6involved with the priority watershed project shall evaluate the cost effectiveness of
7the project and the reduction in nonpoint source water pollution associated with the
8project.
SB77-SSA1,1514,10
10281.69 (title)
Lake management and classification grants.
SB77-SSA1, s. 3599c
11Section 3599c. 281.69 (1) of the statutes is renumbered 281.69 (1) (intro.) and
12amended to read:
SB77-SSA1,1514,1513
281.69
(1) (title)
Types of projects. (intro.) The department shall develop and
14administer a financial assistance program to provide grants for
lake the following 3
15types of projects:
SB77-SSA1,1514,17
16(a) Lake management projects that will improve or protect the quality of water
17in lakes or the natural ecosystems of lakes.
SB77-SSA1,1514,2019
281.69
(1) (b) Lake classification projects that will classify lakes by use and
20implement protection activities for the lakes based on their classification.
SB77-SSA1,1514,2322
281.69
(1) (c) Lake classification technical assistance projects conducted by
23nonprofit corporations that will provide educational and technical assistance.
SB77-SSA1,1514,2525
281.69
(2) (title)
Amounts of grants.
SB77-SSA1, s. 3599f
1Section 3599f. 281.69 (2) of the statutes is renumbered 281.69 (2) (a) and
2amended to read:
SB77-SSA1,1515,53
281.69
(2) (a)
The department may provide a grant under this section A grant
4for a lake management project may be made for up to 75% of the cost of
a lake
5management the project but may not provide more than $200,000 per grant.
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(2) (b) A grant for a lake classification project may be made for up to 75%
8of the cost of the project but may not exceed $50,000 per grant.
SB77-SSA1,1515,1110
281.69
(2) (c) A grant for a lake classification technical assistance project may
11not exceed $200,000.
SB77-SSA1,1515,1613
281.69
(3) (title)
Rules for lake management project grants. (intro.) The
14department shall promulgate rules to administer and to determine eligibility for
the
15program under this section grants for lake management projects. The rules shall
16include all of the following:
SB77-SSA1,1515,1919
281.69
(4) (title)
Lake management project grants; purchases.
SB77-SSA1, s. 3599p
20Section 3599p. 281.69 (4) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1515,2321
281.69
(4) (b) (intro.) The recipient of the grant
used for a purchase under sub.
22(3) (b) 1. may subsequently sell or transfer the acquired property to a 3rd party other
23than a creditor of the recipient if all of the following apply:
SB77-SSA1,1516,3
1281.69
(4) (c) The recipient of the grant
used for a purchase under sub. (3) (b)
21. may subsequently sell or transfer the acquired property to satisfy a debt or other
3obligation if the department approves the sale or transfer.
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(5) Lake classification project grants. (a) The department shall
6promulgate rules to administer and to determine eligibility for grants for lake
7classification projects.
SB77-SSA1,1516,108
(b) The rules under par. (a) shall include guidelines to be used for lake
9classification. The guidelines shall require that certain factors be used in classifying
10each lake by use. The factors shall include all of the following:
SB77-SSA1,1516,1111
1. The size, depth and shape of the lake.
SB77-SSA1,1516,1212
2. The size of the lake's watershed.
SB77-SSA1,1516,1313
3. The quality of the water in the lake.
SB77-SSA1,1516,1414
4. The potential of the lake to be overused for recreational purposes.
SB77-SSA1,1516,1515
5. The potential for the development of land surrounding the lake.
SB77-SSA1,1516,1616
6. The potential of the lake to suffer from nonpoint source water pollution.
SB77-SSA1,1516,1717
7. The type and size of the fish and wildlife population in and around the lake.