AB100-engrossed,1741,1615
281.65
(2) (be) "Priority lake" means any lake or group of lakes that are
16identified under sub. (3) (am)
or (4) (cm).
AB100-engrossed,1741,1918
281.65
(3) (a) Review the
lists submitted under sub. (4) (c) and (cd) and reports
19submitted under sub. (4) (c)
, (cd) and (cg).
AB100-engrossed,1741,2221
281.65
(3) (am)
Designate Identify priority watersheds and priority lakes
22based on reports submitted under sub. (4) (c) and (cd)
as provided in sub. (3m).
AB100-engrossed,1742,824
281.65
(3m) (a) 1. No later than July 1, 1998, the board shall identify priority
25watersheds based on the list submitted under sub. (4) (c) and recommendations by
1the department and the department of agriculture, trade and consumer protection
2without regard to any priority watershed designations made before the board acts
3under this subdivision, except for priority watershed designations under sub. (4)
4(cm). The department and the department of agriculture, trade and consumer
5protection shall limit the number of watersheds that they recommend to the board
6to the number that they determine will enable the department to comply with sub.
7(4) (g) 9., assuming that the level of funding for the program under this section
8remains the same as on the effective date of this subdivision .... [revisor inserts date].
AB100-engrossed,1742,139
2. If a watershed is designated as a priority watershed before the board acts
10under subd. 1. and the board does not identify the watershed as a priority watershed
11under subd. 1., the board shall terminate the watershed's designation as a priority
12watershed. This subdivision does not apply to priority watershed designations made
13under sub. (4) (cm).
AB100-engrossed,1742,1714
(b) 1. No later than July 1, 1998, the board shall identify priority lakes based
15on the list submitted under sub. (4) (cd) and recommendations by the department
16and the department of agriculture, trade and consumer protection without regard to
17any priority lake designations made before the board acts under this subdivision.
AB100-engrossed,1742,2018
2. If a lake is designated as a priority lake before the board acts under subd.
191. and the board does not identify the lake as a priority lake under subd. 1., the board
20shall terminate the lake's designation as a priority lake.
AB100-engrossed,1742,2321
(c) If the board terminates a priority watershed or priority lake designation
22under this subsection, the board shall direct the department to eliminate funding for
23the project in the former priority watershed or priority lake area.
AB100-engrossed,1743,224
(d) 1. If a watershed is designated as a priority watershed before the board acts
25under par. (a) 1. and the board identifies the watershed as a priority watershed under
1par. (a) 1., the board shall direct the department to continue funding for the project
2in the priority watershed.
AB100-engrossed,1743,53
2. If a lake is designated as a priority lake before the board acts under par. (b)
41. and the board identifies the lake as a priority lake under par. (b) 1., the board shall
5direct the department to continue funding for the project in the priority lake area.
AB100-engrossed,1743,117
281.65
(4) (c) Prepare a list of the watersheds in this state in order of the level
8of impairment of the waters in each watershed caused by nonpoint source pollution,
9taking into consideration the location of impaired water bodies that the department
10has identified to the federal environmental protection agency under
33 USC 1313 (d)
11(1) (A), and submit the list to the board no later than January 1, 1998.
AB100-engrossed,1743,1713
281.65
(4) (cd) Prepare a list of the lakes in this state in order of the level of
14impairment of the waters in the lakes caused by nonpoint source pollution, taking
15into consideration the location of impaired water bodies that the department has
16identified to the federal environmental protection agency under
33 USC 1313 (d) (1)
17(A), and submit the list to the board no later than January 1, 1998.
AB100-engrossed,1743,2119
281.65
(4) (dm) Establish water quality objectives
for each water basin and for
20each priority watershed and priority lake and identify the best management
21practices to achieve the water quality objectives.
AB100-engrossed,1744,1423
281.65
(4) (e) Promulgate rules, in consultation with the department of
24agriculture, trade and consumer protection, as are necessary for the proper
25execution and administration of the program under this section. Before
1promulgating rules under this paragraph, the department shall submit the rules to
2the land and water conservation board for review under sub. (3) (at). The rules shall
3include standards and specifications concerning best management practices which
4are required for eligibility for cost-sharing grants under this section.
The standards
5and specifications shall be consistent with the performance standards, prohibitions,
6conservation practices and technical standards under s. 281.16. The department
7may waive the standards and specifications in exceptional cases.
The rules shall
8specify which best management practices are cost-effective best management
9practices. Only persons involved in the administration of the program under this
10section, persons who are grant recipients or applicants and persons who receive
11notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules
12promulgated under this paragraph. Any rule promulgated under this paragraph
13which relates or pertains to agricultural practices relating to animal waste handling
14and treatment is subject to s. 13.565.
AB100-engrossed,1744,2116
281.65
(4) (em) In identifying best management practices under pars. (dm) and
17(g) 4., identify cost-effective best management practices, as specified under par. (e),
18except in situations in which the use of a cost-effective best management practice
19will not contribute to water quality improvement or will cause a water body to
20continue to be impaired as identified to the federal environmental protection agency
21under
33 USC 1313 (d) (1) (A).
AB100-engrossed,1745,623
281.65
(4) (f)
Administer Except as provided in sub. (5) (g), administer the
24distribution of grants and aids to governmental units for local administration and
25implementation of the program under this section. A grant awarded under this
1section may be used for technical assistance, educational and training assistance,
2ordinance development and administration, cost-sharing for management practices
3and capital improvements, plan preparation under par. (g), easements or other
4activities determined by the department to satisfy the requirements of this section.
5A grant may not be used for promotional items, except for promotional items that are
6used for informational purposes, such as brochures or videos.
AB100-engrossed,1745,138
281.65
(4) (g) (intro.) In cooperation with the department of agriculture, trade
9and consumer protection and the appropriate governmental unit, prepare priority
10watershed and priority lakes plans to implement nonpoint source water pollution
11abatement projects and storm water control activities described in sub. (8c) in
12priority watersheds and priority lake areas
, as designated under sub. (3) (am) or (4)
13(cm). In preparing the plans, the department shall:
AB100-engrossed,1745,1915
281.65
(4) (L) Before September 1 of each year, in consultation with the
16department of agriculture, trade and consumer protection, submit a budget report
17to the board that includes anticipated expenditures for projects under this section
18during the next year, criteria for ending projects under this section and, if anticipated
19expenditures exceed anticipated funding, a plan for reducing expenditures.
AB100-engrossed,1746,222
281.65
(4c) (a) Beginning on July 1, 1998, a governmental unit may request
23funding for a priority watershed project, a priority lake project or a nonpoint source
24water pollution abatement project that is not in a priority watershed or a priority
1lake area by submitting an application to the board. An application shall be
2submitted before July 15 to be considered for initial funding in the following year.
AB100-engrossed,1746,63
(b) The department, in consultation with the department of agriculture, trade
4and consumer protection, shall use the system approved under par. (e) to determine
5the score of each project for which the board receives an application under par. (a)
6and shall inform the board of the scores no later than September 1 of each year.
AB100-engrossed,1746,107
(c) After receiving project scores under par. (b) and before November 1 of each
8year, the board shall select projects for funding under this section in the following
9year. To the extent practicable, within the requirements of this section, the board
10shall select projects so that projects are distributed evenly around this state.
AB100-engrossed,1746,1511
(d) No later than April 1, 1998, the department, in consultation with the
12department of agriculture, trade and consumer protection, shall propose to the board
13a scoring system for ranking nonpoint source water pollution abatement projects for
14which applications are submitted under par. (a). The criteria on which the scoring
15system is based shall include all of the following:
AB100-engrossed,1746,1716
1. The extent to which the application proposes to use the cost-effective and
17appropriate best management practices to achieve water quality goals.
AB100-engrossed,1746,2018
2. The existence in the project area of an impaired water body that the
19department has identified to the federal environmental protection agency under
33
20USC 1313 (d) (1) (A).
AB100-engrossed,1746,2221
3. The extent to which the project will result in the attainment of established
22water quality objectives.
AB100-engrossed,1746,2323
4. The local interest in and commitment to the project.
AB100-engrossed,1747,3
15. The inclusion of a strategy to evaluate the progress toward reaching project
2goals, including the monitoring of water quality improvements resulting from
3project activities.
AB100-engrossed,1747,54
6. The extent to which the application proposes to use available federal
5funding.
AB100-engrossed,1747,76
7. The extent to which the project is necessary to enable the city of Racine to
7control storm water discharges as required under
33 USC 1342 (p).
AB100-engrossed,1747,118
(e) The board shall review the scoring system proposed under par. (d) and shall
9approve the system as submitted or shall modify and approve the system. The board
10shall review the system at least once every 2 years and may require the department
11to submit a revised system after a review.
AB100-engrossed,1747,1913
281.65
(4e) The department of natural resources and the department of
14agriculture, trade and consumer protection, jointly, shall prepare a plan to allocate
15funding from the program under this section for staff in every county as funds
16become available from the completion or termination of projects under this section.
17The departments shall submit the plan to the land and water conservation board by
18July 1, 1998. The department of natural resources shall implement the plan upon
19the approval of the land and water conservation board.
AB100-engrossed,1748,221
281.65
(4g) The department may contract with any person from the
22appropriations appropriation account under s. 20.370
(6) (aa) and (4) (at) for services
23to administer or implement this section, including information and education and
24training services.
The department shall allocate $500,000 in each fiscal year from the
25appropriation account under s. 20.370 (4) (at) for contracts for educational and
1technical assistance related to the program under this section provided by the
2University of Wisconsin-Extension.
AB100-engrossed,1748,134
281.65
(5) (b) Prepare sections of the priority watershed or priority lake plan
5relating to farm-specific implementation schedules, requirements under ss. 92.104
6and 92.105, animal waste management and selection of agriculturally related best
7management practices and submit those sections to the department for inclusion
8under sub. (4m) (b).
The best management practices shall be cost-effective best
9management practices, as specified under sub. (4) (e), except in situations in which
10the 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).
AB100-engrossed,1748,1716
281.65
(5) (g) Administer the distribution of funding under s. 20.866 (2) (we)
17to governmental units for implementation of the program under this section.
AB100-engrossed,1748,2119
281.65
(7m) The state share of a grant for local administration under this
20section may not exceed 70% of the cost of the activities for which the grant is provided
21if the department first provides a grant to fund those activities after June 30, 1998.
AB100-engrossed,1749,223
281.65
(8) (cm) Grants may be provided
from the appropriations under s.
2420.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the
1projects are in conformance with areawide water quality management plans and the
2purposes specified under sub. (1).
AB100-engrossed,1749,114
281.65
(8) (e) Except as provided in sub. (8c), grants may only be used for
5implementing best management practices.
Grants for implementing best
6management practices may only be used for implementing cost-effective best
7management practices specified under sub. (4) (e) unless an applicant demonstrates
8that the use of a cost-effective best management practice will not contribute to water
9quality improvement or will cause a water body to continue to be impaired as
10identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
11(A).
AB100-engrossed,1749,1813
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
14implementing the best management practice that is determined by the
15governmental unit submitting the application under sub. (4c) (a) and is approved by
16the board, except as provided under pars. (gm) and (jm) and except that a
17cost-sharing grant may not exceed 70% of the cost of implementing the best
18management practice.
AB100-engrossed,1749,2421
281.65
(8) (gm) The
department governmental unit submitting the application
22under sub. (4c) (a) shall exceed the limit under par.
(g) and any limit imposed by rule
23on the total amount of a grant (f) in cases of economic hardship, as defined by the
24department by rule.
AB100-engrossed,1750,105
281.65
(8) (jm) Notwithstanding
pars.
par. (f)
to (h), after cost-sharing grants
6have been available in a priority watershed or priority lake area for 36 months only
7a reduced grant, which may not exceed a percentage established by the department
8by rule of the cost of implementing the best management practice, may be provided
9to the owner or operator of a site designated as a critical site in a priority watershed
10plan under sub. (5m) or in a modification to such a plan under sub. (5s).
AB100-engrossed,1750,1512
281.65
(8) (m) The department may recognize the value of a conservation
13easement created under s. 700.40 (2) and donated to the department, or to any person
14approved by the department, as constituting all or a portion of the landowner's or
15operator's share of a cost-sharing grant as determined under
pars. par. (f)
to (h).
AB100-engrossed,1750,17
17281.69 (title)
Lake management and classification grants.
AB100-engrossed, s. 3599c
18Section 3599c. 281.69 (1) of the statutes is renumbered 281.69 (1) (intro.) and
19amended to read:
AB100-engrossed,1750,2220
281.69
(1) (title)
Types of projects. (intro.) The department shall develop and
21administer a financial assistance program to provide grants for
lake the following 3
22types of projects:
AB100-engrossed,1750,24
23(a) Lake management projects that will improve or protect the quality of water
24in lakes or the natural ecosystems of lakes.
AB100-engrossed,1751,2
1281.69
(1) (b) Lake classification projects that will classify lakes by use and
2implement protection activities for the lakes based on their classification.
AB100-engrossed,1751,54
281.69
(1) (c) Lake classification technical assistance projects conducted by
5nonprofit corporations that will provide educational and technical assistance.
AB100-engrossed,1751,77
281.69
(2) (title)
Amounts of grants.
AB100-engrossed,1751,1210
281.69
(2) (a)
The department may provide a grant under this section A grant
11for a lake management project may be made for up to 75% of the cost of
a lake
12management the project but may not provide more than $200,000 per grant.
AB100-engrossed,1751,1514
281.69
(2) (b) A grant for a lake classification project may be made for up to 75%
15of the cost of the project but may not exceed $50,000 per grant.
AB100-engrossed,1751,1817
281.69
(2) (c) A grant for a lake classification technical assistance project may
18not exceed $200,000.