AB100: Bill Text Engrossed

AB100-engrossed, s. 2486bg Section 2486bg. 86.30 (2) (a) 3. f. of the statutes is amended to read:

AB100-engrossed,1293,1 86.30 (2) (a) 3. f. In calendar year 1997 and thereafter, $1,432.

AB100-engrossed, s. 2486bj Section 2486bj. 86.30 (2) (a) 3. g. of the statutes is created to read:

AB100-engrossed,1293,3 86.30 (2) (a) 3. g. In calendar year 1998 and thereafter, $1,596.

AB100-engrossed, s. 2486gm Section 2486gm. 86.30 (9) of the statutes is amended to read:

AB100-engrossed,1293,10 86.30 (9) Aids calculations. (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $66,588,900 in calendar year 1995, $68,586,600 in calendar year 1996 and $70,644,200 in calendar year 1997 and $78,744,300 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

AB100-engrossed,1293,16 (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $209,496,900 in calendar year 1995, $215,781,800 in calendar year 1996 and $222,255,300 in calendar year 1997 and $247,739,100 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

AB100-engrossed, s. 2486gy Section 2486gy. 86.303 (6) (e) of the statutes is amended to read:

AB100-engrossed,1293,20 86.303 (6) (e) Cost data shall not include state or federal contributions to the work, all other public agency fund contributions, and all private contributions other than local assessments or special assessments paid by governmental agencies.

AB100-engrossed, s. 2486hc Section 2486hc. 86.31 (2) (a) of the statutes is amended to read:

AB100-engrossed,1294,4 86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of subs. (3) , (3g) and (3m). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

AB100-engrossed, s. 2486he Section 2486he. 86.31 (3) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,1294,8 86.31 (3) (b) (intro.) From the appropriation under s. 20.395 (2) (fr), after first deducting the funds allocated under sub. subs. (3g) and (3m), the department shall allocate funds for entitlement as follows:

AB100-engrossed, s. 2486hg Section 2486hg. 86.31 (3g) of the statutes is created to read:

AB100-engrossed,1294,14 86.31 (3g) County trunk highway improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $5,000,000 in each fiscal year to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB100-engrossed, s. 2486hj Section 2486hj. 86.31 (6) (d) of the statutes is amended to read:

AB100-engrossed,1294,17 86.31 (6) (d) Procedures for reimbursements for county trunk highway improvements under sub. (3g) and for town road improvements under sub. (3m).

AB100-engrossed, s. 2486j Section 2486j. 86.315 (1) of the statutes is amended to read:

AB100-engrossed,1295,3 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $300 $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the $300 per mile payments required under this subsection, the department shall prorate the amount appropriated in the manner it deems considers desirable.

AB100-engrossed, s. 2486k Section 2486k. 86.32 (2) (am) 5. and 6. of the statutes are repealed.

AB100-engrossed, s. 2486L Section 2486L. 86.32 (2) (am) 7. of the statutes is amended to read:

AB100-engrossed,1295,11 86.32 (2) (am) 7. For 1995 and thereafter ,1996 and 1997, $10,468 per lane mile for municipalities having a population over 500,000; $9,696 per lane mile for municipalities having a population of 150,001 to 500,000; $8,641 per lane mile for municipalities having a population of 35,001 to 150,000; $7,612 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,558 per lane mile for municipalities having a population under 10,000.

AB100-engrossed, s. 2486Lm Section 2486Lm. 86.32 (2) (am) 8. of the statutes is created to read:

AB100-engrossed,1295,18 86.32 (2) (am) 8. For 1998 and thereafter, $11,724 per lane mile for municipalities having a population over 500,000; $10,860 per lane mile for municipalities having a population of 150,001 to 500,000; $9,678 per lane mile for municipalities having a population of 35,001 to 150,000; $8,525 per lane mile for municipalities having a population of 10,000 to 35,000; and $7,345 per lane mile for municipalities having a population under 10,000.

AB100-engrossed, s. 2487 Section 2487. 88.145 of the statutes is amended to read:

AB100-engrossed,1296,2 88.145 Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employe or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employes of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-engrossed, s. 2488 Section 2488. 88.40 (2) of the statutes is amended to read:

AB100-engrossed,1296,8 88.40 (2) From the time of recordation of recording the order confirming such assessments for costs until they are paid, such assessments and the interest thereon are a first lien upon the lands assessed and take priority over all other liens or mortgages except liens for general taxes and liens under ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81, regardless of the priority in time of such other liens or mortgages.

AB100-engrossed, s. 2488g Section 2488g. 92.04 (2) (b) of the statutes is amended to read:

AB100-engrossed,1296,13 92.04 (2) (b) (title) Review erosion control land and water resource management plans. The board shall review soil erosion control land and water resource management plans prepared under s. 92.10 and make recommendations to the department on approval or disapproval of those plans.

AB100-engrossed, s. 2488h Section 2488h. 92.05 (3) (k) of the statutes is created to read:

AB100-engrossed,1296,18 92.05 (3) (k) Nutrient management rules. The department shall promulgate rules to improve agricultural nutrient management in this state. The rules shall be consistent with rules promulgated under s. 281.16 (3) and shall include incentives, educational and outreach provisions and compliance requirements.

AB100-engrossed, s. 2488i Section 2488i. 92.07 (2) of the statutes is amended to read:

AB100-engrossed,1297,5 92.07 (2) Standards. Each land conservation committee may develop and adopt standards and specifications for management practices to control erosion, sedimentation and nonpoint source water pollution. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after the effective date of this subsection .... [revisor inserts date], and, if cost-sharing is available to the owner or operator under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). The land conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to determine whether cost-sharing is available.

AB100-engrossed, s. 2488im Section 2488im. 92.07 (7m) of the statutes is created to read:

AB100-engrossed,1297,9 92.07 (7m) Assistance to the department of transportation. Each land conservation committee shall cooperate with the department of transportation as requested under s. 85.195.

AB100-engrossed, s. 2488s Section 2488s. 92.10 (title), (1) and (2) of the statutes are amended to read:

AB100-engrossed,1297,15 92.10 (title) Erosion control Land and water resource management planning program. (1) Creation. There is created an erosion control a land and water resource management planning program. The department, board and land conservation committees in identified priority counties jointly shall develop and administer this program.

AB100-engrossed,1297,19 (2) Purposes. The purposes of the erosion control land and water resource management planning program are to conserve long-term soil productivity, protect the quality of related natural resources, enhance water quality and focus on severe soil erosion problems in identified priority counties.

AB100-engrossed, s. 2488t Section 2488t. 92.10 (3) (a) of the statutes is amended to read:

AB100-engrossed,1297,23 92.10 (3) (a) Identification. The department shall identify priority soil erosion control counties. Identified priority counties are required to prepare soil erosion control plans.

AB100-engrossed, s. 2488u Section 2488u. 92.10 (3) (c) of the statutes is repealed.

AB100-engrossed, s. 2489ad Section 2489ad. 92.10 (4) (a) of the statutes is amended to read:

AB100-engrossed,1298,4 92.10 (4) (a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion. The department shall cooperate with the land information board under s. 16.967 in developing this methodology or any related activities related to land information collection.

AB100-engrossed, s. 2489c Section 2489c. 92.10 (4) (c) of the statutes is amended to read:

AB100-engrossed,1298,11 92.10 (4) (c) Plan assistance. The department shall assist land conservation committees in identified priority counties in preparing soil erosion control land and water resource management plans. The department may allocate funds appropriated under s. 20.115 (7) (c) to land conservation committees in identified priority counties to cover up to 50% of the cost of preparing soil erosion control land and water resource management plans.

AB100-engrossed, s. 2489d Section 2489d. 92.10 (4) (d) of the statutes is amended to read:

AB100-engrossed,1298,17 92.10 (4) (d) Plan review. The department shall review and approve or disapprove soil erosion control land and water resource management plans submitted by the land conservation committees in identified priority counties. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.

AB100-engrossed, s. 2489e Section 2489e. 92.10 (5) (a) of the statutes is amended to read:

AB100-engrossed,1298,21 92.10 (5) (a) Plan review. The board shall review soil erosion control land and water resource management plans submitted by the land conservation committees and make recommendations to the department.

AB100-engrossed, s. 2489f Section 2489f. 92.10 (6) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1298,25 92.10 (6) (a) Plan preparation. (intro.) A land conservation committee in an identified priority county shall prepare a soil erosion control land and water resource management plan which does all of the following:

AB100-engrossed, s. 2489g Section 2489g. 92.10 (6) (a) 6. and 7. of the statutes are created to read:

AB100-engrossed,1299,3 92.10 (6) (a) 6. Identifies causes, other than soil erosion, of nonpoint source water pollution.

AB100-engrossed,1299,5 7. Describes all proposed county activities related to nonpoint source water pollution.

AB100-engrossed, s. 2489h Section 2489h. 92.10 (6) (b) of the statutes is amended to read:

AB100-engrossed,1299,12 92.10 (6) (b) Notification. A land conservation committee in an identified priority county shall notify landowners and land users of the results of any determinations of concerning soil erosion rates and nonpoint source water pollution, and provide an opportunity for landowners and land users to present information relating to the accuracy of the determinations during preparation of the soil erosion control land and water resource management plan.

AB100-engrossed, s. 2489j Section 2489j. 92.10 (6) (c) of the statutes is amended to read:

AB100-engrossed,1299,16 92.10 (6) (c) Hearings. A land conservation committee in an identified priority county shall hold one or more public hearings on the soil erosion control land and water resource management plan.

AB100-engrossed, s. 2489k Section 2489k. 92.10 (6) (d) of the statutes is amended to read:

AB100-engrossed,1299,20 92.10 (6) (d) Plan submission. A land conservation committee in an identified priority county shall submit the soil erosion control land and water resource management plan to the board and department.

AB100-engrossed, s. 2489L Section 2489L. 92.10 (6) (e) of the statutes is repealed.

AB100-engrossed, s. 2490 Section 2490. 92.103 of the statutes is repealed.

AB100-engrossed, s. 2490g Section 2490g. 92.105 (1) of the statutes is amended to read:

AB100-engrossed,1300,7 92.105 (1) Establishment. A land conservation committee shall establish soil and water conservation standards. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after the effective date of this subsection .... [revisor inserts date], and, if cost-sharing is available to the farmer under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). It shall submit these standards to the board for review.

AB100-engrossed, s. 2490L Section 2490L. 92.14 (2) (c) of the statutes is amended to read:

AB100-engrossed,1300,10 92.14 (2) (c) Providing financial and technical assistance for soil land and water conservation activities.

AB100-engrossed, s. 2490m Section 2490m. 92.14 (2) (d) of the statutes is amended to read:

AB100-engrossed,1300,13 92.14 (2) (d) Promoting cost-effective soil land and water conservation activities.

AB100-engrossed, s. 2490n Section 2490n. 92.14 (3) (intro.) of the statutes is amended to read:

AB100-engrossed,1300,23 92.14 (3) Basic allocations to counties. (intro.) To help counties meet administrative and technical operating costs in their soil land and water conservation activities, the department shall award grants from the appropriation under s. 20.115 (7) (c) or (qd) to any county land conservation committee which has a workload allocation plan approved by the department under s. 92.08 (2), and which, by county board action, has resolved to match any moneys granted under this subsection with an equal amount of county moneys. The county shall use the grant for county land conservation personnel to administer and implement activities directly related to any of the following:

AB100-engrossed, s. 2490p Section 2490p. 92.14 (3m) (intro.) of the statutes is amended to read:

AB100-engrossed,1301,5 92.14 (3m) Shoreland management grants. (intro.) From the appropriation under s. 20.115 (7) (c) or (qd), the department shall award grants to counties or farmers for implementing best management practices required under a shoreland management ordinance enacted under s. 92.17, including reimbursement for all of the following:

AB100-engrossed, s. 2490qb Section 2490qb. 92.14 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,1301,11 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), 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:

AB100-engrossed, s. 2490r Section 2490r. 92.14 (4) (a) of the statutes is amended to read:

AB100-engrossed,1301,15 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.

AB100-engrossed, s. 2490s Section 2490s. 92.14 (4) (b) of the statutes is amended to read:

AB100-engrossed,1301,19 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.

AB100-engrossed, s. 2490tm Section 2490tm. 92.14 (4m) of the statutes is repealed and recreated to read:

AB100-engrossed,1301,22 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).

AB100-engrossed, s. 2491 Section 2491. 92.14 (5) (title) and (a) of the statutes are amended to read:

AB100-engrossed,1302,4 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.

AB100-engrossed, s. 2491cm Section 2491cm. 92.14 (6) (a) of the statutes is amended to read:

AB100-engrossed,1302,12 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.

AB100-engrossed, s. 2491d Section 2491d. 92.14 (6) (b) of the statutes is amended to read:

AB100-engrossed,1302,19 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.

AB100-engrossed, s. 2491dg Section 2491dg. 92.14 (6) (i) 2. of the statutes is amended to read:

AB100-engrossed,1302,25 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.