I am vetoing this program because it requires further review and discussion. The program was designed to control the cost of state funded cleanup programs by requiring additional certification requirements for individuals overseeing cleanups. I am supportive of examining ways to reduce the costs of state-funded cleanup programs, but believe this approach does not fully address concerns regarding installation of various remediation plans and practices. Since the need for cost control mechanisms is most pressing in the PECFA program, I request the Department of Commerce to convene a group of interested parties and experts to examine the subject and propose possible options for inclusion in future legislation.
12. Voluntary Party Liability Limitation
Sections 3663, 3664, 3665, 3666, 3668 and 9137 (6g) (c)
These provisions create a contradictory definition of voluntary parties that are eligible for exemptions from liability under various state environmental protection laws. In addition, these provisions require the Department of Natural Resources to complete a brownfields study by March 1, 1998.
I am partially vetoing the voluntary party provisions to avoid a contradiction in the definition of responsible party that will become effective on July 1, 1998. Since my veto leaves no definition of voluntary party in the statutes between the effective date of the budget and July 1, 1998, I request the Department of Natural Resources to provide assurance letters to potential voluntary parties on a case-by-case basis during this interim period. The combination of assurance letters and new definition of voluntary party best represents the compromise reached by the Senate and the Assembly during budget deliberations. I believe that the broader definition of voluntary party created in this budget will greatly assist in the redevelopment of a large number of brownfields sites and bring economic development and jobs to all areas of the state.
I am vetoing the March 1, 1998 deadline for the submittal of a brownfields study because the timeframe is too short to complete a study of this magnitude. I believe that this study will play an important role in further developing the state's land recycling program. Therefore, the Departments of Natural Resources, Commerce, Administration, Transportation, and Agriculture, Trade and Consumer Protection should work together in developing a comprehensive study that fully addresses the required elements by January 1, 1999.
13. Land Recycling Loans
Section 3569
This provision expands eligibility for land recycling loans under the clean water fund to individuals, corporations, partnerships, associations and commissions.
I am partially vetoing this section to maintain the financial integrity of the clean water fund. Clean water fund bonds currently have a very high rating and associated low interest costs to the state in part because shared revenue payments to local governments are used as collateral against repayment of clean water loans. An expansion in eligibility beyond local governments to entities with different financial structures and security features could reduce confidence in the fund and ultimately lead to higher interest costs to the state. Operationally, significant administrative costs would be incurred related to the amount of underwriting and financial analyses necessary to review the creditworthiness of these entities. While this approach is not cost-effective, this bill authorizes other financial resources to non-governmental entities for redevelopment, including a low-interest loan guarantee program in the Wisconsin Housing and Economic Development Authority and grants from the Department of Commerce.
A336
14. Clean Water Fund Modifications
Sections 3497e, 3528m, 3537e, 3553, 3561 and 3570
These sections make changes to the clean water fund program and the newly created safe drinking water program. Sections 3537e, 3553, 3561, and 3570 create a safe drinking water hardship program for projects serving small municipalities. Grants of up to 80 percent of project costs could be awarded, with the remaining costs eligible for a loan with interest subsidized at 33 percent of market rate.
Under sections 3497e and 3528m, DNR would be required to accept household income figures calculated by a third party in place of U.S. Bureau of Census data for sanitary districts with populations of less than 2,500.
I am vetoing the safe drinking water hardship grant program because it will deplete the state and federally funded drinking water revolving loan fund and sharply curtail the number of communities that will be able to receive financial assistance. Since funds used for grants are not available for lending to other communities, state costs will increase to underwrite the program. I recognize the goal of addressing the financial needs of communities with lower than average incomes, and the increased loan interest subsidy for qualifying communities is meant to meet those critical needs.
I am also vetoing the option of submitting third party household income data because these special requirements undermine the ability of the Departments of Natural Resources and Administration to fund hardship projects based on objective and generally accepted criteria. Allowing the use of third party data in place of objective census data would require significant amounts of staff time for review and make it impossible to equitably compare and rank districts based on income.
15. Remediation of Waste Tire Manufacturing Dumps
Section 9137 (4eq) (b)
This provision establishes a limit of $400,000 in the waste tire removal and cleanup appropriation under s.
20.370 (2) (da) for the elimination of tire dumps that contain solid waste resulting from manufacturing tires.
I am vetoing this provision to eliminate the $400,000 limit because this level of funding may be insufficient to clean up all affected sites. Since cleanup of these tire dumps is a high priority, the Department of Natural Resources should have the flexibility to use the funds as needed within the overall appropriation level after waste tire reimbursement grants are paid. The department should proceed with clean up of identified sites in a timely manner and limit the cost to no more than $500,000.
16. Recycling Financial Assistance Study
Section 3614mg
This provision requires the Department of Natural Resources to submit a study to the Legislature outlining funding mechanisms to continue municipal recycling grants through at least the year 2004.
I am partially vetoing this provision to remove the September 1, 1998 due date of the study because the time frame is too short to develop a comprehensive set of options. I recognize the need to consider options for meeting the financial needs of local recycling programs. The department will need sufficient time to gather information and develop appropriate strategies. Therefore, I request that the department complete its efforts by January 1, 1999.
17. Water Quality Performance Standards
Sections 3273r and 3487p
These sections require the Department of Natural Resources (DNR) to set performance standards and prohibitions for non-agricultural nonpoint water pollution sources. The department is also required to develop technical standards to implement these performance standards.
In addition, these sections require DNR and the Department of Agriculture, Trade and Consumer Protection, in consultation with each other, to set performance standards and prohibitions for agricultural nonpoint water pollution sources and develop best management practices and technical standards to implement the standards and prohibitions. Until cost-sharing funds are available to assist existing agricultural facilities with compliance, DNR or municipalities may not enforce these performance standards and prohibitions.
I am partially vetoing these provisions to limit the scope of the non-agricultural requirements because they could conflict with existing regulation of these activities. The Departments of Commerce and Transportation have authority under current law to regulate erosion on certain construction sites. I request that DNR work with the Departments of Commerce and Transportation to create a process for the development and dissemination of technical standards to implement the performance standards for non-agricultural nonpoint water pollution sources. These changes maintain DNR's authority under the bill but avoid duplicating existing rules and regulations.
18. Watershed Stewardship Grant Program
This section creates a program to provide grants to assist in the formation and development of local watershed groups. The section also requires the Department of Natural Resources to fund a nonprofit organization that will administer the grants and establish a center to encourage, facilitate the development of, and educate local watershed groups.
A337
I am vetoing these provisions because the program is not a cost-effective use of state funds. The state already has a number of grant programs that seek to increase local and community involvement in water quality protection activities. The Land and Water Conservation Board also provides significant public involvement in watershed financing and policy development. I remain committed to local watershed efforts as evidenced through the significant increase in funding for the Priority Watershed and Land and Water Resource Management Programs. This bill appropriates approximately $48 million for local assistance and cost-sharing grants to improve water quality across the state. To ensure that these funds are used in the most effective means possible, I suggest that the Land and Water Conservation Board consider alternatives that promote local involvement in and responsibility for water quality activities.
19. Willow Flowage
Section 3487d
This section designates the Willow Flowage as an outstanding resource water.
I am vetoing this section because it is unnecessary and infringes on the Natural Resources Board's authority to designate waters and waterways as outstanding resource waters. The board is currently reviewing the appropriateness of assigning this designation to the Willow Flowage.
20. Water Pollution Credit Trading Pilot
Sections 3606 and 9137 (1hm)
These sections require the Department of Natural Resources to administer at least one pilot project to evaluate a water pollution credit trading program and to select the Hay River watershed as one of the pilot projects. Also, these sections prohibit the department from beginning any new pilot projects after June 30, 1999.
I am partially vetoing section 3606 and vetoing section 9137 (1hm) to remove the June 30, 1999 date and the Hay River project designation because they unnecessarily limit the department's ability to successfully administer and evaluate a pilot of this new program. Since water pollution credit trading is an innovative approach to improving water quality, the department will need time to work with potential participants. In addition, I am concerned that legislative designations of projects undermine the department's ability to select projects based on merit. Pilot projects should evaluate a variety of situations in a deliberate fashion that includes significant local input and support.
21. Southeastern Wisconsin Fox River Commission Funding
Sections 378m, 378no and 1148t
These sections create the Southeastern Wisconsin Fox River Commission to conduct studies, liaison with agencies, and implement plans related to water quality and navigation in the Illinois Fox River basin. The commission will consist of local representatives and non-voting members from the Department of Natural Resources and the Southeastern Wisconsin Regional Planning Commission. These sections also allocate $300,000 from recreational boating facilities aids to the commission, which may also receive funds through local government appropriations and gifts and grants.
I am partially vetoing these sections to remove the allocation of $300,000 from recreational boating facilities aids because it is excessive. The commission may receive funds for its activities from local governments, gifts and grants. In addition, the commission may compete with other organizations for funding from state aid programs.
22. Commercial Harvest of Smelt and Alewife
Sections 1105s and 1105t
These sections allow commercial smelt fishing on Lake Michigan during any month except May.
I am vetoing this provision because it would have resulted in a substantial incidental catch and loss of alewife and chubs that would be detrimental to the overall Lake Michigan fishery.
I recognize that Wisconsin's Lake Michigan commercial fishers play an important role in the economy of our state. The expansion in the season length was sought by these businesses in order to increase their smelt harvest and thereby improve their economic viability. I also recognize that Wisconsin citizens greatly value the importance of the salmon and trout fishery in Lake Michigan. Not only is it vitally important to Wisconsin's anglers, it is also important to many other small businesses such as charter fishing operations, motels, bait shops and restaurants.
I have retained the addition of four hours to the commercial fishing day as proposed by the Legislature in order to give Lake Michigan commercial fishers more scheduling flexibility. I am aware that unless additional regulations are adopted by the Department of Natural Resources (DNR), these additional hours of smelt fishing will lead to additional incidental catch of alewives which are a major forage base for our vitally important salmon and trout fishery. I am therefore requesting that DNR immediately implement the additional authority granted to them in this bill to establish by rule a harvest limit for alewife. I am requesting that the department bring an alewife harvest rule to the Natural Resources Board so that it is effective prior to the Green Bay commercial smelt season. The rule should be designed to prevent additional loss of the important alewife forage base.
23. New Stewardship Categories and Badger Trail Development
Sections 762g, 762h, 762k, 762L, 766b, 766c, 766d, 766e, 766f, 766h, 766i, 766m, 766n, 766p, 766q, 766r, 766s, 766ur, 766w, 766x, 766y and 767
These sections modify the Warren Knowles-Gaylord Nelson Stewardship Program to create open space and bluff protection categories and allow the Department of Natural Resources (DNR) to expend up to $1,750,000 of existing funds to develop a state trail. Funded through reallocation of funding from existing Stewardship Program categories, the open space and bluff protection programs would provide grants to local governments and nonprofit conservation organizations to acquire easements and land. These sections also allow development of a state trail along a portion of an abandoned railroad corridor located in Dane and Green counties on land that is not owned by or under the jurisdiction of the department.
A338
I am vetoing the new Stewardship categories because creating new categories to serve these purposes is premature. The current Stewardship Program ends on June 30, 2000. I am committed to the overall resource protection goals of the Stewardship Program and have created a blue ribbon task force through executive order to evaluate the current program and propose alternatives for a new Stewardship Program. The open space and bluff protection categories should be considered by the task force as it develops its recommendations.
I am also vetoing the authority to develop an abandoned rail corridor because it is unnecessary. Under current law, DNR and the Natural Resources Board have the authority to decide which projects, and associated funding, will provide the best and most cost-effective recreational opportunities for Wisconsin's residents and visitors. Before approving this proposed trail, DNR and the Natural Resources Board need the flexibility to consider several issues, including ownership of the land, scheduling of other trail development projects, responsibility for development and maintenance, and possible funding sources.
24. Mountain Bay State Trail
Section 953m
This section requires the Department of Natural Resources to expend up to $333,000 of existing funds to complete the Mountain Bay State Trail in Shawano County and to maintain trail crossings in Brown, Oconto, Shawano and Marathon Counties.
I am vetoing this section because it increases the department's workload and diverts funding from existing projects. I am concerned that state funding of the remaining construction and ongoing maintenance of this trail will discourage counties from participating in cooperative trail agreements. These agreements are critical to maintaining the number and quality of trails available to Wisconsin's residents and visitors.
25. Group Deer Hunting
Sections 1119b, 1119c, 1119d, 1119e, 1119f and 1119g
These sections allow bow hunters to group hunt for deer and extend the time during which a killed deer must be tagged to one hour after the deer has been killed. Also, these sections prohibit the use of any electronic means to communicate the kill to another member of the hunting party.
I am vetoing these sections because the extension of group deer hunting privileges to bow hunters is unnecessary and the one-hour time limit is excessive. Bow hunting for deer is traditionally a solitary pursuit. To improve chances of harvesting a deer, bow hunters reduce the number of factors that may alert a deer to their presence, including wearing camouflaged clothing and hunting individually. These factors make group bow hunting for deer unnecessary and a safety concern. While I also recognize the need for sufficient time to contact other members of a hunting party after a kill, a one-hour limit is excessive and could lead to enforcement and safety problems. I request that the Department of Natural Resources work with interested legislators to develop separate legislation to address this issue.
26. First Right of Refusal
Sections 767r, 767t, 767v and 960g
These sections require the Department of Natural Resources to offer the first right of purchase of any land the department decides to sell to all previous owners. If the previous owners do not make an offer to purchase the land, the department must offer the right of purchase to immediate family members of the previous owners.
I am vetoing these sections because the requirements are burdensome and administratively unworkable. These sections do not address important issues such as multiple owners, application of the immediate family member provision for land not acquired from an individual, and the process for locating previous owners and immediate family. However, I do recognize the goals of this provision and request the department to review these options and work with interested legislators to develop separate legislation on this issue.
27. Required Studies and Approvals
Sections 322m, 381r, 381t, 381v, 779, 783v, 948m, 1041, 1042, 1139rv, 4194, 9137 (3g), 9137 (11t) and 9437 (9xoj)
These provisions require the Department of Natural Resources to do the following:
• Receive Joint Committee on Finance approval before expending funds under the wildlife damage control and claims program.
• Receive Joint Committee on Finance approval before entering into tribal licensing and registration reciprocity agreements with any American Indian tribe or band.
• Receive Joint Committee on Finance passive approval before entering into a contract to operate an automated campground reservation system.
• Study the feasibility of paving state bicycle trails and submit the study to the Legislature by July 1, 1998.
• Prepare statutory language concerning access to the department's databases that contain information regarding persons holding hunting or fishing licenses and recreational vehicle registrations and submit the language to the Joint Committee on Finance and the Joint Committee on Information Policy by January 1, 1998.
I am vetoing all of these provisions because I object to having the Legislature manage agency programs and creating additional demands on the department at a time when budgets are constrained.
28. Vehicle Fleet Pool Expenditure Request and Revenue Lapse
Sections 448, 9137 (7m) and 9237 (2q)
A339
These sections require the Department of Natural Resources to submit an expenditure plan to the Joint Committee on Finance (JCF) before expending funds under s.
20.370 (8) (mt) for information technology. Also the department is required to lapse $520,000 SEG-S in each fiscal year from the vehicle pool account under s.
20.370 (8) (mt) to the conservation fund.
I am partially vetoing section 448 and vetoing sections 9137 (7m) and 9237 (2q) to remove JCF oversight and the required lapse because they needlessly infringe on the department's authority. Implementation of information technology is central to achieving streamlined programs that reduce costs and improve service. A cumbersome approval process undercuts this goal. The required lapse would also limit the resources available for information technology investments. I recognize the goal of the lapse provision is to limit vehicle purchases and I request the department to review new vehicle acquisitions in light of reductions required of the Departments of Administration and Transportation and the University of Wisconsin System.
State fair park
29. Racing Contract
Sections 9107 (14t) and 9132 (2t)
These provisions require the Legislative Audit Bureau to review the State Fair Park Board's racing contract prior to release of $3,048,000 PR-supported bonding for racetrack improvements by the State Building Commission.
I am vetoing these provisions because the Legislative Audit Bureau's review could delay the start date for improvements as approved by the Building Commission. In addition, the Legislative Audit Bureau reviewed the contract in 1996, and its provisions have not been significantly altered since that time.
TOURISM
30. County Tourism Aids
Sections 169 [as it relates to s.
20.380 (1) (c)], 458m, 458p, 9148 (3m) and 9448
