LRB-2904/1
RCT:kmg:jf
1997 - 1998 LEGISLATURE
April 16, 1997 - Introduced by Senators Cowles, Schultz and Zien, cosponsored
by Representatives Green, Ainsworth, Otte, Goetsch, Sykora, Olsen, Gard,
Powers, Hoven, Albers, Hasenohrl and Hahn. Referred to Committee on
Agriculture and Environmental Resources.
SB170,2,2
1An Act to repeal 20.115 (7) (w), 25.465 (9), 94.64 (3) (c), 94.68 (4) and 94.73 (6)
2(e);
to renumber and amend 94.703 (3) (c);
to amend 20.115 (7) (e), 20.115
3(7) (h), 20.285 (1) (hm), 25.46 (2), 25.46 (4), 25.46 (4m), 25.46 (4s), 25.465 (1) and
4(2), 25.465 (3) and (4), 25.465 (5) to (8), 94.64 (3) (b), 94.64 (8m) (a), 94.65 (6) (a)
51., 94.65 (6) (a) 3., 94.68 (1) (intro.), 94.704 (2) (intro.), 94.73 (1) (g), 94.73 (2) (c),
694.73 (3m) (L), 94.73 (3m) (r), 94.73 (4) (a), 94.73 (5) (e), 94.73 (6) (d), 94.73 (8),
794.73 (13) and 287.09 (3) (b);
to repeal and recreate 94.64 (4) to (6), 94.68 (2),
894.68 (3), 94.681, 94.685 (2), 94.685 (3), 94.703 (3) (a), 94.704 (3) (a), 94.72 (6)
9(a), 94.73 (6) (b) and (c) and 94.73 (7); and
to create 20.115 (7) (i), 25.465 (2m),
1025.465 (4m), 94.64 (3r), 94.64 (6m) and (6p), 94.65 (6) (c), 94.702 (3m), 94.703
11(3) (c) 2., 94.704 (3) (c), 94.72 (6) (am) and 94.73 (15) of the statutes;
relating
12to: the agricultural chemical cleanup program, fees related to pesticides,
1fertilizers and soil and plant additives, granting rule-making authority and
2making an appropriation.
Analysis by the Legislative Reference Bureau
Currently, under the agricultural chemical cleanup program, this state
reimburses certain persons for a portion of the costs incurred in cleaning up
discharges of agricultural chemicals. The reimbursement is generally equal to 75%
of the costs that exceed $7,500 for a person required to have a license related to
fertilizer or pesticides, or that exceed $3,000 for any other person, but that do not
exceed $100,000. If the cleanup requires groundwater remediation, the person also
receives 80% of the costs that exceed $100,000 but that do not exceed $300,000.
This bill increases the amount of reimbursement provided under the
agricultural chemical cleanup program. Under this bill, the reimbursement is
generally equal to: 1) 80% of the costs that exceed $7,500 for a person who is required
to have a license related to fertilizer or pesticides, a person with more than 25
employes or a person with annual sales of more than $2,500,000; or 2) 80% of the costs
that exceed $3,000 for any other person, but that do not exceed $400,000. This bill
makes several other changes to the agricultural chemical cleanup program,
including requiring an applicant to have the department of agriculture, trade and
consumer protection (DATCP) approve a work plan if the cleanup costs exceed
$7,500, rather than $20,000 as under current law.
Current law requires a person who manufactures or labels pesticides for sale
in this state to obtain a license from DATCP. Each licensee must pay DATCP an
annual license fee. For each pesticide other than a household pesticide, a licensee
must pay DATCP a surcharge that is based on the volume of sales and is deposited
in the agrichemical management fund. Household pesticides include disinfectants,
insect repellants and house and garden pesticides.
This bill creates a new category of pesticides called industrial pesticides. The
bill establishes different license fees for household pesticides, industrial pesticides
and other nonhousehold pesticides. A person who manufacturers or labels industrial
pesticides is exempt from the surcharge imposed on manufacturers and labelers of
other nonhousehold pesticides and that is used to fund the agricultural chemical
cleanup program. An industrial pesticide is a pesticide that is not a household
pesticide and is either a wood preservative or a pesticide labeled for use in controlling
algae, fungi, bacteria, other microscopic organisms or mollusks on specified
materials, such as paper or textiles, or in paints and fuels, industrial processes,
cooling or heating systems, medical equipment or drinking water systems.
This bill divides various fees related to pesticides, fertilizer and soil and plant
additives into fees and surcharges. The surcharges are used to fund the agricultural
chemical cleanup program. The bill suspends the surcharges for 2 years. The bill
also modifies some of the fees.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB170, s. 1
1Section
1. 20.115 (7) (e) of the statutes is amended to read:
SB170,3,42
20.115
(7) (e)
Agricultural chemical cleanup program; general fund. As a
3continuing appropriation Biennially, the amounts in the schedule for
4reimbursement of corrective action costs under s. 94.73.
SB170, s. 2
5Section
2. 20.115 (7) (h) of the statutes is amended to read:
SB170,3,136
20.115
(7) (h)
Fertilizer research assessments. All moneys collected under
s. ss. 794.64 (4)
(am) (a) 2. and 94.65 (6) (a) 3. to be used as provided in s. 94.64 (8m) for
8fertilizer research.
From this paragraph, The department may use up to 3.5% of the
9gross amount collected
shall be transferred to the appropriation under sub. (1) (a) as
10reimbursement for administrative expenses incurred by the department
in
11connection with the moneys collected to collect moneys under
s. ss. 94.64 (4)
(am) (a)
122. and 94.65 (6) (a) 3. Moneys
under this paragraph may not be
utilized used for any
13other research or to influence either state or federal legislation.
SB170, s. 3
14Section
3. 20.115 (7) (i) of the statutes is created to read:
SB170,3,1915
20.115
(7) (i)
Agricultural chemical cleanup reimbursement. All moneys
16received under ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3) and (6) (a) 4., 94.685 (3) (a)
172., 94.703 (3) (a) 2., 94.704 (3) (a) 2. and 94.73 (5) (e) and (8) and all moneys
18transferred under 1997 Wisconsin Act .... (this act), section 55 (2
), for reimbursement
19of corrective action costs under s. 94.73.
SB170, s. 4
20Section
4. 20.115 (7) (w) of the statutes is repealed.
SB170, s. 5
21Section
5. 20.285 (1) (hm) of the statutes is amended to read:
SB170,4,2
120.285
(1) (hm)
Extension outreach. All moneys collected under s. 94.64 (4)
(ar) 2(a) 3. to be used for university of Wisconsin-extension outreach services.
SB170, s. 6
3Section
6. 25.46 (2) of the statutes is amended to read:
SB170,4,54
25.46
(2) The fees imposed under s. 94.64 (4)
(an) (a) 4. for groundwater
5management.
SB170, s. 7
6Section
7. 25.46 (4) of the statutes is amended to read:
SB170,4,87
25.46
(4) The moneys specified under s.
94.68 (4) (b), (bm) and (bt) 94.681 (7)
8(a) 1. and 2. for groundwater management.
SB170, s. 8
9Section
8. 25.46 (4m) of the statutes is amended to read:
SB170,4,1110
25.46
(4m) The moneys specified under s.
94.68 (4) (c) 94.681 (7) (a) 3. for
11environmental repair.
SB170, s. 9
12Section
9. 25.46 (4s) of the statutes is amended to read:
SB170,4,1313
25.46
(4s) The fees imposed under s. 94.681
(4) for environmental repair.
SB170, s. 10
14Section
10. 25.465 (1) and (2) of the statutes are amended to read:
SB170,4,1615
25.465
(1) The fees
imposed collected under s. 94.64
(3) (c), (3m) (b)
, (3r) (a) and
16(4) (a)
and (d) 1.
SB170,4,18
17(2) The fees
imposed collected under s. 94.65 (2) (a), (3) (b) and (6) (a) 1
. and
18(b).
SB170, s. 11
19Section
11. 25.465 (2m) of the statutes is created to read:
SB170,4,2020
25.465
(2m) The fees collected under s. 94.66 (4).
SB170, s. 12
21Section
12. 25.465 (3) and (4) of the statutes are amended to read:
SB170,4,2322
25.465
(3) The fees
and surcharges specified under s. 94.68 (4) (a) collected
23under s. 94.681 (2), (5) and (6) (a) 3., except as provided in s. 94.681 (7) (a).
SB170,4,24
24(4) The fees
imposed collected under s. 94.685 (3)
(a) 1.
SB170, s. 13
25Section
13. 25.465 (4m) of the statutes is created to read:
SB170,5,1
125.465
(4m) The fees collected under
s. 94.702 (3).
SB170, s. 14
2Section
14. 25.465 (5) to (8) of the statutes are amended to read:
SB170,5,33
25.465
(5) The fees
imposed collected under s. 94.703 (3)
(a) 1.
SB170,5,4
4(6) The fees
imposed collected under s. 94.704 (3)
(a) 1.
SB170,5,5
5(7) The fees
imposed collected under s. 94.705 (4)
(b).
SB170,5,6
6(8) The fees
imposed collected under s. 94.72 (5) (b) and (6) (a) and (i).
SB170, s. 15
7Section
15. 25.465 (9) of the statutes is repealed.
SB170, s. 16
8Section
16. 94.64 (3) (b) of the statutes is amended to read:
SB170,5,149
94.64
(3) (b) An applicant for a license under par. (a) shall submit an
10application on a form provided by the department. The application shall include
11information reasonably required by the department for licensing purposes. As part
12of the application, the applicant shall identify
the
each business location or mobile
13unit that the applicant uses to manufacture fertilizer in this state. The application
14shall be accompanied by all applicable fees under
par. (c) sub. (3r).
SB170, s. 17
15Section
17. 94.64 (3) (c) of the statutes is repealed.
SB170, s. 18
16Section
18. 94.64 (3r) of the statutes is created to read:
SB170,5,1817
94.64
(3r) License fees and surcharges. (a) A person applying for a license
18under sub. (3) shall pay the following annual license fees:
SB170,5,2019
1. For each business location and each mobile unit that the applicant uses to
20manufacture fertilizer in this state, $30.