AB100-engrossed,1300,724
92.105
(1) Establishment. A land conservation committee shall establish soil
25and water conservation standards.
The standards and specifications for agricultural
1facilities and practices that are constructed or begun on or after the effective date of
2this subsection .... [revisor inserts date], and, if cost-sharing is available to the
3farmer under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural
4facilities and practices that are constructed or begun before that date shall be
5consistent with the performance standards, prohibitions, conservation practices and
6technical standards under s. 281.16 (3). It shall submit these standards to the board
7for review.
AB100-engrossed,1300,109
92.14
(2) (c) Providing financial and technical assistance for
soil land and water
10conservation activities.
AB100-engrossed,1300,1312
92.14
(2) (d) Promoting cost-effective
soil land and water conservation
13activities.
AB100-engrossed,1300,2315
92.14
(3) Basic allocations to counties. (intro.) To help counties meet
16administrative and technical operating costs in their
soil land and water
17conservation activities, the department shall award grants from the appropriation
18under s. 20.115 (7) (c)
or (qd) to any county land conservation committee which has
19a workload allocation plan approved by the department under s. 92.08 (2), and which,
20by county board action, has resolved to match any moneys granted under this
21subsection with an equal amount of county moneys. The county shall use the grant
22for county land conservation personnel to administer and implement activities
23directly related to any of the following:
AB100-engrossed,1301,5
192.14
(3m) Shoreland management grants. (intro.) From the appropriation
2under s. 20.115 (7)
(c) or (qd), the department shall award grants to counties or
3farmers for implementing best management practices required under a shoreland
4management ordinance enacted under s. 92.17, including reimbursement for all of
5the following:
AB100-engrossed,1301,117
92.14
(4) (title)
Other soil land and water resource grants. (intro.) From
8the moneys remaining in s. 20.115 (7) (c)
and (qd) after the department has awarded
9all grants for a year under sub. (3)
or from the appropriation under s. 20.115 (7) (qd),
10the department may award grants to any eligible county, including any county which
11has received a grant under sub. (3)
or (3m), for one or more of the following:
AB100-engrossed,1301,1513
92.14
(4) (a) Implementing
soil land and water resource management projects
14to manage animal waste and conserve soil approved in plans under s. 92.10
and
15under s. 92.15, 1985 stats.
AB100-engrossed,1301,1917
92.14
(4) (b) Implementing
soil land and water resource management projects
18undertaken to comply with the requirements under ss. 92.104 and 92.105 by persons
19claiming a farmland preservation credit under subch. IX of ch. 71.
AB100-engrossed,1301,2221
92.14
(4m) Grant priority. The department shall give grants under sub. (4)
22(c) priority over other grants under sub. (4) and grants under sub. (3m).
AB100-engrossed,1302,424
92.14
(5) (title)
Animal waste management grants in a priority watershed or
25priority lake area. (a) From the appropriation under s. 20.115 (7) (km), the
1department may make a grant for the purpose specified in sub. (4) (c) if
the facility
2or system will be located in a priority watershed, as defined in s. 281.65 (2) (c), or a
3priority lake area, as defined in s. 281.65 (2) (bs), and the conditions specified in sub.
4(4) (c) are satisfied.
AB100-engrossed,1302,126
92.14
(6) (a) The department shall
establish a priority list of funding needs 7propose spending levels for
soil
land and water resource management activities
8under this section.
The department shall submit the proposed spending levels to the
9board. The board shall review the proposed spending levels and shall approve,
10approve with modifications or disapprove the spending levels. The board may modify
11the spending levels if demand for grants under sub. (4) (c) is greater than was
12anticipated when the spending levels were established.
AB100-engrossed,1302,1914
92.14
(6) (b) The department, in cooperation with the department of natural
15resources, shall prepare an annual grant allocation plan
, that is consistent with the
16spending levels approved under par. (a), identifying the amounts to be spent
17annually for
the categories of soil land and water resource management projects to
18be funded under this section and the general purposes of those projects, which it shall
19specify. The department shall submit that plan to the board.
AB100-engrossed,1302,2521
92.14
(6) (i) 2. Conduct all land management and pollutant management
22activities in substantial accordance
with the performance standards, prohibitions,
23conservation practices and technical standards under s. 281.16 and with plans
24approved
under this section, under s. 92.15, 1985 stats., and under ss. 92.08, 92.10
,
2592.14 and 281.65, or to repay the cost-sharing funds
to the grant recipient.
AB100-engrossed,1303,62
92.14
(6) (j) A grant awarded under this section may be used for technical
3assistance, educational and training assistance, ordinance development and
4administration, cost-sharing for management practices and capital improvements,
5plan preparation under s. 92.10
(4) (c), easements or other activities determined by
6the department to satisfy the requirements of this chapter.
AB100-engrossed,1303,128
92.14
(7) Maintenance of effort. The department may not make a grant to
9a county under this section in any fiscal year unless that county enters into an
10agreement with the department to maintain or increase its aggregate expenditures
11from other sources for
soil land and water conservation activities at or above the
12average level of such expenditures in its 2 fiscal years preceding August 1, 1987.
AB100-engrossed,1303,1814
92.14
(10) Training. The county may use a grant under this section for training
15required under s. 92.18 or for any other training necessary to prepare personnel to
16perform job duties related to this section. The department may contract with any
17person
from the appropriation under s. 20.115 (7) (c) for services to administer or
18implement this chapter, including information and education and training.
AB100-engrossed,1303,20
2092.15 Local regulation of livestock operations. (1) In this section:
AB100-engrossed,1303,2221
(a) "Livestock operation" means a feedlot or other facility or a pasture where
22animals are fed, confined, maintained or stabled.
AB100-engrossed,1304,223
(b) "Local governmental unit" means a political subdivision of this state, a
24special purpose district in this state, an instrumentality or corporation of such a
1political subdivision or special purpose district, a combination or subunit of any of
2the foregoing or an instrumentality of the state and any of the foregoing.
AB100-engrossed,1304,6
3(2) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact
4regulations of livestock operations that are consistent with and do not exceed the
5performance standards, prohibitions, conservation practices and technical
6standards under s. 281.16 (3).
AB100-engrossed,1304,13
7(3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may
8enact regulations of livestock operations that exceed the performance standards,
9prohibitions, conservation practices and technical standards under s. 281.16 (3) only
10if the local governmental unit demonstrates to the satisfaction of the department of
11agriculture, trade and consumer protection or the department of natural resources
12that the regulations are necessary to achieve water quality standards under s.
13281.15.
AB100-engrossed,1304,1614
(b) The department of agriculture, trade and consumer protection and the
15department of natural resources shall, by rule, specify procedures for review and
16approval of proposed local governmental unit regulations under par. (a).
AB100-engrossed,1304,22
17(4) A local governmental unit may not apply a regulation under sub. (2) or (3)
18to a livestock operation that exists on the effective date of this subsection .... [revisor
19inserts date], unless the local governmental unit determines, using the rules
20promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or
21operator of the livestock operation under s. 92.14, 281.16 (5) or 281.65 or from any
22other source.
AB100-engrossed,1305,5
23(5) Any livestock operation that exists on the effective date of this subsection
24.... [revisor inserts date], and that is required to obtain a permit under s. 283.31 or
25that receives a notice of discharge under ch. 283 may continue to operate as a
1livestock operation at the same location notwithstanding s. 59.69 (10) (a) or 62.23 (7)
2(h) or any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7),
3if the livestock operation is a lawful use or a legal nonconforming use under any
4zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on the
5effective date of this subsection .... [revisor inserts date].
AB100-engrossed,1305,97
93.06
(12) Federal dairy policy reform. Provide assistance to organizations
8to seek the reform of federal milk marketing orders and other federally authorized
9dairy pricing policies for the benefit of milk producers in this state.
AB100-engrossed, s. 2493b
10Section 2493b. 93.06 (12) of the statutes, as created by 1997 Wisconsin Act
11.... (this act), is repealed.
AB100-engrossed,1305,1513
93.07
(5) Advice to university of Wisconsin system. To give advice to the
14secretary of education state superintendent of public instruction as to the courses in
15agricultural economics to be given in the university of Wisconsin system.
AB100-engrossed,1305,2017
93.41
(3) The department shall impose annual fees upon rural electric
18cooperatives organized under ch. 185. The amount of the fees shall total the amount
19appropriated under s. 20.115 (3) (jm). The fees received under this subsection shall
20be credited to the appropriation account under s. 20.115 (3) (jm).
AB100-engrossed,1306,222
93.47
(2) The department may award grants
from the appropriation accounts
23under s. 20.115 (4) (i) and (q) to individuals or organizations to fund demonstration
24projects designed to encourage the use of sustainable agriculture. The department
1shall promulgate rules to govern the sustainable agriculture grant program under
2this section.
AB100-engrossed,1306,147
93.50
(2) (title)
Board, mediators Mediators and arbitrators. (a)
Selection of
8mediators. The
board department shall select mediators who are residents of this
9state, who have the character and ability to serve as mediators and who have
10knowledge of financial or agricultural matters or of mediation processes. The
board 11department shall ensure that each mediator receives sufficient training in mediation
12processes, resolving conflicts, farm finance and management and the farm credit
13system and practices to enable the mediator to perform his or her functions under
14this section.
AB100-engrossed,1306,2115
(am)
Selection of arbitrators. The
board department shall select arbitrators
16who are residents of this state, who have the character and ability to serve as
17arbitrators and who have knowledge of financial or agricultural matters or of
18arbitration processes. The
board department shall ensure that each arbitrator
19receives sufficient training in arbitration processes, resolving conflicts, farm finance
20and management and the farm credit system and practices to enable the arbitrator
21to perform his or her functions under this section.
AB100-engrossed,1306,2422
(b)
Compensation of mediators and arbitrators. Mediators and arbitrators
23shall be compensated for travel and other necessary expenses in amounts approved
24by the
board department.
AB100-engrossed,1307,4
193.50
(2) (d)
Forms and publicity. The
board department shall prepare all
2forms necessary for the administration of this section and shall ensure that forms are
3disseminated and that the availability of mediation and arbitration under this
4section is publicized.
AB100-engrossed,1307,105
(e)
Exclusion from open records law. All mediators and arbitrators shall keep
6confidential all information and records obtained in conducting mediation and
7arbitration. The
board department shall keep confidential all information and
8records that may serve to identify any party to mediation and arbitration under this
9section. Any information required to be kept confidential under this paragraph may
10be disclosed if the
board department and the parties agree to disclosure.
AB100-engrossed,1307,1711
(f)
Rule making. The
board department may promulgate rules necessary to
12implement this section. The
board department may promulgate rules defining
13owners and creditors of agriculturally related businesses and permitting owners and
14creditors of such businesses to participate in mediation and arbitration subject to the
15same terms and conditions applicable to farmers and creditors under this section.
16The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute
17as eligible for mediation only with the approval of the department.
AB100-engrossed,1307,2019
93.50
(3) (am) 6. A kind of dispute specified as eligible for mediation by the
20board department by rule.
AB100-engrossed,1308,222
93.50
(3) (b)
Request for mediation; agreement to mediate. To participate in
23mediation, the farmer or other party to a dispute described in par. (am) shall submit
24a request for mediation to the
board department on forms prepared by the
board
1department. The
board
department may not proceed under this section until the
2farmer and the other party have submitted an agreement to mediate.
AB100-engrossed,1308,94
93.50
(3) (e)
Selection of mediator. If the
board department has obtained the
5agreement under par. (b), the farmer and the other party may request the
board 6department to provide the names, mailing addresses and qualifications of up to 3
7mediators located in the geographical area in which the agricultural property or
8farmer is located. The parties shall select a mediator or, upon request of the parties,
9the
board department shall designate a mediator for the parties.
AB100-engrossed,1308,1611
93.50
(4) (b)
Request for arbitration; agreement to arbitrate. To participate in
12arbitration, the farmer and other party under par. (a) shall submit a request for
13arbitration to the
board department on a form prepared by the
board department.
14After receipt of the request, if the parties wish to proceed to arbitration under this
15subsection, the
board department shall require the parties to enter into an
16agreement to binding arbitration on a form prepared by the
board department.
AB100-engrossed,1308,2318
93.50
(4) (e)
Selection of arbitrator. After the
board department has obtained
19the agreement under par. (b), the farmer and the other party may request the
board 20department to provide the names, mailing addresses and qualifications of up to 3
21arbitrators located in the geographical area in which the agricultural property or
22farmer is located. The parties shall select an arbitrator or, upon request of the
23parties, the
board department shall designate an arbitrator for the parties.
AB100-engrossed,1309,12
193.60 Computer system equipment, staff and services transfers. The
2department may transfer to the appropriation account under s. 20.115 (8) (k) in each
3fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb),
4(gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i),
5(j), (ja), (L) and (m), (7) (g), (ga), (gm), (k) and (m) and (8) (ga), (gm), (h), (ha), (i),
(j), 6(kp), (ks), (m) and (pz)
and (9) (m). The total amount that the department transfers
7in each fiscal year from these appropriation accounts to the appropriation account
8under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s.
920.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation
10account shall be based on the actual costs incurred by the department for computer
11system equipment, staff and services provided for the purpose of that appropriation
12account.
AB100-engrossed,1309,1914
94.64
(3) (b) An applicant for a license under par. (a) shall submit an
15application on a form provided by the department. The application shall include
16information reasonably required by the department for licensing purposes. As part
17of the application, the applicant shall identify
the
each business location or mobile
18unit that the applicant uses to manufacture fertilizer in this state. The application
19shall be accompanied by all applicable fees under
par. (c) sub. (3r).
AB100-engrossed,1309,2322
94.64
(3r) License fees and surcharges. (a) A person applying for a license
23under sub. (3) shall pay the following annual license fees:
AB100-engrossed,1309,2524
1. For each business location and each mobile unit that the applicant uses to
25manufacture fertilizer in this state, $30.
AB100-engrossed,1310,2
12. If the applicant distributes, but does not manufacture, fertilizer in this state,
2$30.
AB100-engrossed,1310,63
(b) Beginning with the license year that begins on August 15, 2000, a person
4applying for a license under sub. (3) shall pay the following agricultural chemical
5cleanup surcharges, unless the department establishes lower surcharges under s.
694.73 (15):
AB100-engrossed,1310,97
1. For each business location and each mobile unit that the applicant uses to
8manufacture fertilizer in this state, other than a business location or mobile unit that
9is also licensed under s. 94.685 or 94.703, $20.
AB100-engrossed,1310,1110
2. If the applicant distributes, but does not manufacture, fertilizer in this state,
11$20.
AB100-engrossed,1310,1412
(c) The department shall deposit the license fees collected under par. (a) in the
13agrichemical management fund. The department shall deposit the surcharges
14collected under par. (b) in the agricultural chemical cleanup fund.
AB100-engrossed,1310,1916
94.64
(4) Tonnage fees and surcharges. (a)
Requirement. Except as provided
17in par. (b), a person who is required to be licensed under sub. (3) and who sells or
18distributes fertilizer in this state shall pay to the department the following fees and
19surcharges on all fertilizer that the person sells or distributes in this state:
AB100-engrossed,1310,2220
1. A basic fee of 25 cents per ton for fertilizer sold or distributed from July 1,
211997, to June 30, 1999, and 32 cents per ton for fertilizer sold or distributed after
22June 30, 1999, with a minimum fee of $25.
AB100-engrossed,1310,2323
2. A research fee of 10 cents per ton, with a minimum fee of $1.
AB100-engrossed,1310,2424
3. An additional research fee of 10 cents per ton, with a minimum fee of $1.
AB100-engrossed,1310,2525
4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.
AB100-engrossed,1311,3
15. An agricultural chemical cleanup surcharge of 38 cents per ton on all
2fertilizer that the person sells or distributes in this state after June 30, 1999, unless
3the department establishes a lower surcharge under s. 94.73 (15).