Amendment SA1-SSA1-SB45

SB45-SSA1-SA1,224,15 (b) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB45-SSA1-SA1,224,21 (2) State participation. Subject to subs. (3) to (6), the department may expend funds from the appropriation account under s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4). The department shall administer the program in cooperation with the department of natural resources.

SB45-SSA1-SA1,225,4 (3) Forms of participation. (a) Land enrolled in the conservation reserve enhancement program may either be subject to a permanent conservation easement or to a contract under which the owner of the land agrees to remove the land from agricultural production. The department shall provide greater financial incentives for landowners to grant permanent easements than to enter into contracts. The department shall provide a financial bonus to landowners who allow public access to enrolled land.

SB45-SSA1-SA1,225,13 (b) The department shall administer the conservation reserve enhancement program so that at least 50% of the acreage of land enrolled in the program is covered by permanent conservation easements under par. (a). If, after 50,000 acres of land have been enrolled in the program, less than 50% of the acreage of land enrolled in the program is covered by permanent conservation easements, the department and the department of natural resources shall review the effectiveness of the program to determine whether the program is meeting its water quality and wildlife habitat objectives and shall report the results of the review to the legislature under s. 13.172 (2).

SB45-SSA1-SA1,225,16 (c) On behalf of this state, the department and the department of natural resources shall jointly hold conservation easements entered into for land enrolled in the conservation reserve enhancement program.

SB45-SSA1-SA1,225,19 (d) The department may provide funding from the appropriation under s. 20.866 (2) (wf) for a contract under par. (a) only if the contract has a term of 20 years or longer.

SB45-SSA1-SA1,226,5 (4) Grassland component. (a) If the plan approved by the secretary of the federal department of agriculture authorizes this state to enroll 100,000 or more acres in the conservation resource enhancement program, the department shall administer the program so that at least 30,000 acres are designated for grassland wildlife habitat. If the secretary of the federal department of agriculture authorizes this state to enroll fewer than 100,000 acres, the department shall administer the program so that at least 30% of the acreage of land enrolled in the program is designated for grassland wildlife habitat. The department shall designate for grassland wildlife habitat areas that include the Blue Mounds area in Iowa, Dane and Green counties, the prairie chicken range in Portage, Clark, Taylor and Marathon counties and the western prairie area in Polk and St. Croix counties.

SB45-SSA1-SA1,226,7 (b) The department may not require that land designated for grassland wildlife habitat be riparian land.

SB45-SSA1-SA1,226,13 (c) The department shall provide a financial bonus to landowners who enroll land that is designated for grassland habitat if the land is adjacent to land that is owned by another person and that is enrolled and designated for grassland habitat. The department shall also provide a financial bonus to a landowner who enrolls land that is designated for grassland habitat if the landowner agrees to implement a conservation practice that requires restoration of native prairie vegetation.

SB45-SSA1-SA1,226,17 (5) Participation requirements. The department may not impose more restrictive requirements for participation in the conservation reserve enhancement program with respect to production and land ownership than are required by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).

SB45-SSA1-SA1,226,24 (6) State, local and nonprofit organization involvement. A nonprofit conservation organization may negotiate contracts or easements under sub. (3) (a) with landowners with the assistance of the department and the department of natural resources. A county may negotiate contracts or easements under sub. (3) (a) with landowners with the assistance of the department and the department of natural resources. In counties that do not choose to participate, the department and the department of natural resources shall negotiate the contracts or easements.

SB45-SSA1-SA1,227,4 (7) Prohibition. No person may use land enrolled in the conservation reserve enhancement program as a pheasant and quail farm licensed under s. 29.865, a game bird and animal farm licensed under s. 29.867, a fur animal farm licensed under s. 29.869 or a deer farm licensed under s. 29.871.".

SB45-SSA1-SA1,227,5 829. Page 1012, line 14: after that line insert:

SB45-SSA1-SA1,227,6 " Section 1945s. 95.197 of the statutes is created to read:

SB45-SSA1-SA1,227,11 95.197 Financial assistance for paratuberculosis testing. (1) The department shall provide financial assistance to owners of livestock herds for conducting testing for paratuberculosis. The department may only provide financial assistance under this section for the first time that the owner of a livestock herd tests the herd.

SB45-SSA1-SA1,227,13 (2) The department shall promulgate rules for providing financial assistance under sub. (1).".

SB45-SSA1-SA1,227,14 830. Page 1012, line 20: after that line insert:

SB45-SSA1-SA1,227,15 " Section 3947m. 95.53 of the statutes is created to read:

SB45-SSA1-SA1,227,16 95.53 Poultry disease control. (1) Definitions. In this section:

SB45-SSA1-SA1,227,22 (a) "Affected party" means a person that keeps a total of 10,000 or more of any species of poultry within 6.2 miles of a covered facility that is required to comply with sub. (3) or within 2 miles of a location at which a person spreads or composts chicken or turkey manure, transports live or dead chickens or turkeys or stores or composts dead chickens or turkeys or chicken or turkey by-products any of which originate at a covered facility that is required to comply with sub. (3).

SB45-SSA1-SA1,227,23 (b) "Animal unit" means 100 layer chickens, 200 broiler chickens or 55 turkeys.

SB45-SSA1-SA1,228,2 (c) "Covered facility" means a poultry facility at which 1,000 or more animal units are kept.

SB45-SSA1-SA1,228,3 (d) "Covered operator" means a person who operates a covered facility.

SB45-SSA1-SA1,228,4 (e) "Poultry facility" means a facility at which chickens or turkeys are kept.

SB45-SSA1-SA1,228,6 (f) "Sample population" means one or more birds chosen randomly for every 100 animal units kept at a facility.

SB45-SSA1-SA1,228,8 (2) Prohibitions. A covered operator may not do any of the following unless the covered operator complies with sub. (3):

SB45-SSA1-SA1,228,13 (a) Operate a covered facility if the covered facility is within 6.2 miles of one or more places, owned or operated by another person, at which a total of 10,000 or more of any species of poultry are kept and at which a total of 10,000 or more of any species of poultry were kept before the number of animal units at the covered facility reached 1,000.

SB45-SSA1-SA1,228,20 (b) Spread or compost chicken or turkey manure, transport live or dead chickens or turkeys or store or compost dead chickens or turkeys or chicken or turkey by-products, any of which originate at a covered facility, within 2 miles of a place at which poultry are kept by another person that keeps a total of 10,000 or more of any species of poultry if that person kept poultry at that place, and kept a total of 10,000 or more of any species of poultry, before the number of animal units at the covered facility reached 1,000.

SB45-SSA1-SA1,228,22 (3) Requirements. A covered operator complies with this subsection with respect to a covered facility if all of the following apply:

SB45-SSA1-SA1,228,25 (a) The covered operator populates the covered facility only with chickens or turkeys that have been designated mycoplasma gallisepticum clean started and mycoplasma synoviae clean started under 9 CFR 145.24 (f) and (g).

SB45-SSA1-SA1,229,4 (b) The covered operator obtains blood samples from a sample population at the covered facility at least once every 180 days and has a poultry diagnostic laboratory, certified under s. 93.12, conduct a serological test that is approved by the department to detect the presence of mycoplasma gallisepticum and mycoplasma synoviae.

SB45-SSA1-SA1,229,8 (c) The covered operator has a poultry diagnostic laboratory, certified by the department under s. 93.12, conduct a confirmatory test within 10 days of receipt of the results of a test performed under par. (b) if those results indicate the presence of mycoplasma gallisepticum or mycoplasma synoviae.

SB45-SSA1-SA1,229,11 (d) The covered operator transmits the results of tests conducted under pars. (b) and (c) to the department and to any affected party by 1st class mail within 5 days of receipt.

SB45-SSA1-SA1,229,15 (e) Upon the order of the department under sub. (4) (a), the covered operator slaughters all poultry kept at the covered facility, disinfects all areas where the poultry have been kept and keeps those areas vacant of poultry for not less than 14 days after the date of disinfection.

SB45-SSA1-SA1,229,17 (f) The covered operator prepares and submits to the department a plan to prevent the spread of poultry disease that includes all of the following:

SB45-SSA1-SA1,229,18 1. Clothing policies for employes.

SB45-SSA1-SA1,229,19 2. Showering policies for employes.

SB45-SSA1-SA1,229,20 3. Policies for disinfection of equipment.

SB45-SSA1-SA1,229,21 4. Policies for the daily disposal of dead poultry.

SB45-SSA1-SA1,229,23 5. Policies relating to vendors from whom the covered operator obtains products or services.

SB45-SSA1-SA1,229,24 6. Policies for fencing and signs at the covered facility.

SB45-SSA1-SA1,229,25 7. Isolation and sanitation procedures.

SB45-SSA1-SA1,230,1 8. Policies for disinfecting structures in which poultry are kept.

SB45-SSA1-SA1,230,2 9. Policies concerning vaccination and medication of poultry.

SB45-SSA1-SA1,230,3 10. Manure handling policies.

SB45-SSA1-SA1,230,4 11. Policies concerning the transportation of poultry.

SB45-SSA1-SA1,230,5 12. Policies for employe training and accountability of employes.

SB45-SSA1-SA1,230,7 (g) The covered operator obtains the approval of the department for the plan under par. (f).

SB45-SSA1-SA1,230,9 (h) The covered operator maintains records of the results of each test under pars. (b) and (c) for 5 years after the test is conducted.

SB45-SSA1-SA1,230,13 (4) Duties of the department. (a) If the department determines that the results of a test under sub. (3) (c) indicate the presence of mycoplasma gallisepticum or mycoplasma synoviae, the department shall immediately order the slaughter of all poultry kept at the covered facility and supervise the disposal of the carcasses.

SB45-SSA1-SA1,230,16 (b) The department shall review and approve, disapprove or conditionally approve plans submitted under sub. (3) (f). The department may require any revision to such a plan that the department determines is appropriate.

SB45-SSA1-SA1,230,20 (c) The department shall retain a copy of the results of each test under sub. (3) (b) and (c) for at least 5 years after the test is conducted. The department shall retain a copy of a plan approved under par. (b) while the plan is in effect and for at least 5 years after the plan ceases to be in effect.

SB45-SSA1-SA1,230,23 (5) No indemnification. Notwithstanding s. 95.31 (3) and (4), a covered operator is not eligible for indemnification for poultry ordered to be slaughtered under sub. (4) (a).

SB45-SSA1-SA1,231,3 (6) Penalty. Any person that violates this section or an order issued under this section may be required to forfeit not less than $5,000 nor more than $1,000,000 for each violation.

SB45-SSA1-SA1,231,6 (7) Enforcement. (a) The department may bring an action to recover a forfeiture under sub. (6) or to seek an injunction restraining the violation of this section or an order issued under this section.

SB45-SSA1-SA1,231,11 (b) An affected party that is injured or threatened with injury by a violation of this section or an order issued under this section may bring an action for a temporary or permanent injunction or damages. The action may not be commenced until 15 days after the day on which the affected party notifies the department and the person alleged to be in violation of the intent to bring the action.

SB45-SSA1-SA1,231,14 (c) An affected party that obtains an injunction or is awarded damages under par. (b) may recover costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.".

SB45-SSA1-SA1,231,15 831. Page 1017, line 24: after that line insert:

SB45-SSA1-SA1,231,16 " Section 1975m. 101.09 (2) (cm) of the statutes is created to read:

SB45-SSA1-SA1,231,21 101.09 (2) (cm) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that have a capacity of less than 1,100 gallons and that are used to store heating oil for residential, consumptive use on the premises where stored.".

SB45-SSA1-SA1,231,22 832. Page 1018, line 14: after that line insert:

SB45-SSA1-SA1,231,23 " Section 1977m. 101.1205 (5m) of the statutes is amended to read:

SB45-SSA1-SA1,232,6 101.1205 (5m) Notwithstanding subs. (1) and (5), a county, city, village or town that has in effect on January 1, 1994, may administer and enforce an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1).".

SB45-SSA1-SA1,232,8 833. Page 1019, line 4: delete the material beginning with that line and ending with page 1031, line 23, and substitute:

SB45-SSA1-SA1,232,9 " Section 1979pm. 101.143 (1) (bm) of the statutes is created to read:

SB45-SSA1-SA1,232,11 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01 (2).

SB45-SSA1-SA1, s. 1979rm Section 1979rm. 101.143 (1) (cq) of the statutes is created to read:

SB45-SSA1-SA1,232,15 101.143 (1) (cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.

SB45-SSA1-SA1, s. 1980cm Section 1980cm. 101.143 (2) (h) of the statutes is created to read:

SB45-SSA1-SA1,232,20 101.143 (2) (h) The department of commerce, in consultation with the department of natural resources, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

SB45-SSA1-SA1,232,23 1. Information that must be submitted under this section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted under sub. (3) but for which a final claim has not been submitted.

SB45-SSA1-SA1,232,24 2. Formats for submitting the information under subd. 1.

SB45-SSA1-SA1,233,3 3. Review procedures that must be followed by employes of the department of natural resources and the department of commerce in reviewing the information under subd. 1.

SB45-SSA1-SA1, s. 1981cm Section 1981cm. 101.143 (2) (i) of the statutes is created to read:

SB45-SSA1-SA1,233,10 101.143 (2) (i) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying procedures for evaluating remedial actions under sub. (3) (c) 3. to be used by employes of the department of commerce and the department of natural resources while remedial actions are being conducted. The department of commerce shall specify procedures that include all of the following for ongoing remedial actions:

SB45-SSA1-SA1,233,12 1. Annual reviews that include application of the method under sub. (2e) (a) to determine the risk posed by discharges that are the subject of the remedial actions.

SB45-SSA1-SA1,233,14 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards.

SB45-SSA1-SA1, s. 1981em Section 1981em. 101.143 (2) (j) of the statutes is created to read:

SB45-SSA1-SA1,233,18 101.143 (2) (j) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying all of the following:

SB45-SSA1-SA1,233,20 1. The conditions under which employes of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.

SB45-SSA1-SA1,233,22 2. Training and management procedures to ensure that employes comply with the requirements under subd. 1.

SB45-SSA1-SA1, s. 1982cm Section 1982cm. 101.143 (2e) of the statutes is created to read:

SB45-SSA1-SA1,234,4 101.143 (2e) Risk-based analysis. (a) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying a method, which shall include consideration of the routes for migration of petroleum product contamination, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

SB45-SSA1-SA1,234,8 (b) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method under par. (a) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

SB45-SSA1-SA1, s. 1983bm Section 1983bm. 101.143 (3) (c) 2. of the statutes is amended to read:

SB45-SSA1-SA1,234,12 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department.

SB45-SSA1-SA1, s. 1983f Section 1983f. 101.143 (3) (cg) of the statutes is created to read:

SB45-SSA1-SA1,234,21 101.143 (3) (cg) Approval to begin remedial action. 1. Except as provided in subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may not begin remedial action under par. (c) 3. with respect to a discharge without the approval of the department of commerce and the department of natural resources. The department of commerce and the department of natural resources shall jointly determine when it is appropriate to begin remedial action with respect to a discharge based on the determination of risk under sub. (2e) (b) for the discharge and the availability of funds to pay awards under sub. (4).

SB45-SSA1-SA1,234,25 2. Subdivision 1. does not apply if the discharge is from a home oil tank system, a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum product storage system that is owned by a school district and that is used for storing heating oil for consumptive use on the premises where stored.