PR - 375,400 0.00
SEG 172,100 0.00
Total $482,500 - 1.00
1. STANDARD BUDGET ADJUSTMENTS
Governor/Legislature: Provide $233,900 in 1999-00 and $248,600 in 2000-01 for adjustments to the base budget for: (a) turnover reduction (-$289,800 GPR and -$109,600 PR annually); (b) removal of noncontinuing items (-$70,000 GPR and -$53,300 FED with -1.0 FED position annually); (c) full funding of salaries and fringe benefits ($715,000 GPR, -$91,300 PR and $61,500 SEG annually); (d) full funding of financial services ($6,100 GPR, $9,200 PR and $3,100 SEG annually); (e) reclassifications ($20,600 GPR and $16,500 SEG in 1999-00 and $27,600 GPR and $24,200 SEG in 2000-01); and (f) fifth vacation week as cash for certain long-term employees ($10,800 GPR, $4,000 PR and $1,100 SEG annually).
2. DRAINAGE BOARD GRANTS AND REQUIREMENTS [LFB Paper 210]
Governor: Provide $750,000 GPR each year in an annual appropriation for local assistance grants to drainage boards. County drainage boards are responsible for operating drainage districts, which drain land through the use of ditches, tiles, dikes and culverts on public as well as private property. Funding from the appropriation would be limited to 60% of board costs to comply with current drainage district laws and proposed administrative rules, including possibly requiring drainage district map development. DATCP would be required to promulgate rules for the administration of the grants. The bill would allow DATCP to promulgate emergency rules, to last for up to 150 days with extensions totaling no more than 120 days, for the proposed grant program without a finding of emergency.
Joint Finance: Delete $750,000 in 1999-2000 and $250,000 in 2000-01. Retain $500,000 in 2000-01 for local assistance grants to county drainage boards for up to 40% of board costs to comply with drainage district requirements. Sunset the program on June 30, 2004. Further, delete the provision allowing DATCP to promulgate emergency rules without a finding of emergency.
Assembly: Allow DATCP to provide grants to county drainage boards for up to 60% of board costs to comply with drainage district requirements. Further, extend the sunset of the grant program by two years to June 30, 2006.
Specify that a district drain is not navigable unless a United States Geological Survey map or other equally reliable scientific evidence shows that the drain was a navigable stream before it became a district drain.
Allow county drainage boards to place structures or deposits in a district drain without a DNR permit if, after consulting with DNR, DATCP either specifically approves the placement or the structure or deposit is required by DATCP rule to conform to approved drain specifications, unless the district drain has been designated a class 1 trout stream prior to the effective date of the bill. Further, allow county drainage boards to clean material from a district drain without a DNR permit as long as the removal is required by DATCP rule, after consulting with DNR, to conform to drain specifications, unless the district drain has been designated a class 1 trout stream prior to the effective date of the bill. Require county drainage boards to operate, repair and maintain dams and other structures in district drains in accordance with DATCP rules and Chapter 88 (Drainage of Lands) of the statutes. Further, allow DNR to operate, repair and maintain the dams in the interest of drainage and conservation if the drainage board fails to do so. Eliminating some permit requirements for drainage boards would decrease fee revenues to DNR.
Conference Committee/Legislature: As adopted by the Assembly, allow DATCP to provide grants to county drainage boards for up to 60% of board costs to comply with drainage district requirements. Further, extend the sunset of the grant program by two years to June 30, 2006.
Modify the remainder of the Assembly provisions (the second and third paragraphs) to pertain only to the Outagamie Drainage District No. 6, also known as the Duck Creek Drainage District.
[Act 9 Sections: 184, 785dd thru 785dp, 792m, 802mg, 802mr, 867xu thru 867xw and 1876m thru 1877p]
3. NONPOINT AND LAND AND WATER RESOURCE MANAGEMENT PROGRAMS [LFB Paper 705]
Governor: Provide an increase in general obligation bonding authority of $3,575,000 for the soil and water resource management grant program. Funds would provide grants for such activities as regulatory animal waste response projects and agricultural shoreland management projects. $3,000,000 in bonding was provided in the 1997-99 budget.
Joint Finance: Require that county land conservation committees (LCC) annually prepare a single grant request describing staffing needs and land and water resource management (LWRM) plan activities for all county activities under Chapter 92 (Soil and Water Conservation and Animal Waste Management) and s. 281.65 (Financial assistance; nonpoint source water pollution abatement). Require DATCP, in concert with DNR, to prepare a single grant for each county with DATCP providing basic allocation funding to counties for cost shares and staffing. Require DATCP and DNR to seek the transfer of funds (under a s. 13.10 approval process by the Joint Committee on Finance) from the DNR GPR appropriation for nonpoint source grants and/or the DNR SEG appropriation from the nonpoint account of the environmental fund for nonpoint source grants to the DATCP soil and water resource management GPR appropriation or soil and water resource management SEG appropriation to be used for county basic allocation staffing in priority watershed projects. Allocate all funding based on revised LWRM plans that are reviewed, approved or disapproved by DATCP.
Further, delete $100,000 annually and the appropriation for animal waste management regulatory grants where funding was transferred from DNR's nonpoint appropriations. Grants would be funded through county allocations from DNR and DATCP nonpoint related funding.
Assembly/Senate/Legislature: Transfer $3,500,000 GPR and $2,521,300 SEG in 2000-01 from the nonpoint account of the environmental fund from DNR's nonpoint grant appropriations to DATCP's soil and water resource management GPR and SEG appropriations to be used for county basic allocation staffing in priority watershed projects. Additionally, create 3.0 positions at DATCP for nonpoint program implementation and transfer $170,000 SEG in 1999-00 and $190,000 SEG in 2000-01 from DNR's nonpoint grant appropriation to DATCP's soil and water resource management SEG appropriation. [See "Natural Resources -- Water Quality" for further information on the nonpoint program redesign.]
Veto by Governor [B-48]: Delete the requirement that DNR and DATCP submit a schedule to the Joint Finance Committee for the transfer of funds from the DNR GPR appropriation for nonpoint source grants and/or the DNR SEG appropriation from the nonpoint account of the environmental fund for nonpoint source grants to the DATCP soil and water resource management GPR appropriation or soil and water resource management SEG appropriation to be used for county basic allocation staffing in priority watershed projects.
[Act 9 Sections: 1p, 188f, 322p, 323v, 637, 1909p thru 1926ym, 2487p thru 2487t, 2521e thru 2524s and 3101m]
[Act 9 Vetoed Section: 1r]
4. LOCAL ORDINANCE ASSISTANCE
Assembly/Legislature: Require DATCP to provide technical assistance to county land conservation committees and local units of government for the development of any local ordinance that implements agricultural performance standards. Specify that the technical assistance includes preparing model ordinances, providing data concerning these standards and reviewing draft ordinances for compliance with applicable state laws.
[Act 9 Section: 1909m]
5. LAND AND WATER RESOURCE ENGINEER STAFF
Positions
GPR 1.00
Governor/Legislature: Transfer $65,400 GPR in 1999-00 and $80,000 in 2000-01 from DATCP's soil and water resource management grant program appropriation to the program's general operations appropriation for 1.0 engineering position to provide training, consultation and oversight to county conservation staff for an 18-county area in Northern Wisconsin.
6. CONSERVATION RESERVE ENHANCEMENT PROGRAM [LFB Paper 266]
Building Commission: Allocate funding from the Warren Knowles-Gaylord Nelson stewardship program and the reauthorized stewardship program to enable the state to participate in the federal Conservation Reserve Enhancement Program (CREP). Under CREP, financial incentives are provided to encourage farmers to enroll in ten- to 15-year voluntary contracts to remove land from agricultural production to improve water quality, erosion control and wildlife habitat in specific geographic areas. States are expected to provide at least 20 percent of the cost of the program.
Require DNR to submit a report to DATCP before September 30, 1999, in which DNR must identify an amount greater than $4,000,000 from the Warren Knowles-Gaylord Nelson stewardship program that can be expended by DATCP for the state conservation reserve enhancement subprogram. Require DNR to specify the components of stewardship from which the amounts identified will be taken. Prohibit DNR from committing any of the amounts identified in the report during the period from the date the report is submitted until June 30, 2000.
Require DATCP to identify the component of stewardship from which any amount committed for expenditure comes. Prohibit the sum of the amounts committed for expenditure for each component by DATCP to exceed the amounts identified by DNR. Require DATCP to commit these moneys for expenditure before July 1, 2000. Require DATCP, on or after July 1, 2000, to transfer the amount equal to the amount committed for expenditure from the state conservation reserve enhancement subprogram of the reauthorized stewardship program to the other subprograms that correspond to the purposes originally identified by DNR. After June 30, 2000, allow DNR to expend any amounts identified in the report not committed by DATCP on the identified components.
In addition, allocate the following base amounts for the state CREP subprogram: (a) $8 million in 2000-01; (b) $12 million in 2001-02; (c) $10 million in 2002-03; (d) $10 million in 2003-04. Specify that if the total amount obligated for the state CREP subprogram on June 30, 2004, is less than $40 million that DATCP may expend the unobligated amount in one or more subsequent fiscal years.
The administration estimates that this state funding could leverage up to an additional $200 million in federal funds for the program.
Joint Finance: Delete provision. Instead, provide $1.1 million GPR in 1999-00 and $1.4 million in 2000-01 in a biennial appropriation to DATCP for state participation in CREP.
Assembly: Specify that DATCP would administer the CREP subprogram of stewardship with a total bonding authorization of $26.3 million (in addition to the $2.5 million GPR provided by Joint Finance). Allow DATCP to transfer a portion of the available bonding authority in a given year to any of the other subprograms if the Board of Agriculture, Trade and Consumer Protection finds that: (a) insufficient moneys are available in the other subprograms for the project or activity; (b) the land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state; and (c) delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible. Allow DATCP to transfer all or a portion of the unobligated bonding authority after July 1, 2003, if the Board finds that those three conditions apply.
Senate/Conference Committee: Rather than the Assembly provision, provide $40 million in general obligation bonding and delete $1.1 million GPR in 1999-00 and $1.4 million GPR in 2000-01 to enable DATCP to participate in CREP. Require that at least 50% of the acres enrolled in the program be under permanent easements. In addition, specify that after the first 50,000 acres of land have been enrolled in CREP, if less than 50% of the acreage is under permanent easement, DNR and DATCP are required to evaluate the effectiveness of CREP to determine if the program is meeting its water quality and wildlife habitat objectives. The agencies would report the results of the review to the appropriate standing committees of the Legislature. Specify that only the minimum federal eligibility standards, with respect to production and land ownership, need to be met in order for landowners to participate in CREP. Provide that CREP be structured in such a way that greater incentives be provided for permanent easements using fair market value than for temporary contracts and for landowners who provide public access on enrolled land. Require that state funds be utilized for commitments for a period to exceed the federal CRP contract length and be at least 20 years. Prohibit a person from using land enrolled in CREP for a licensed bird, fur, deer or game farm.
In addition, specify that willing counties and nonprofit organizations coordinate negotiation of CREP contracts and easements and land management plans with the assistance of DATCP and DNR. Specify that DATCP and DNR would provide this coordination if not provided by a county. Specify that DNR and DATCP jointly hold all easements under CREP.
Further, require that at least 30,000 acres of land enrolled in CREP (or 30% if less than 100,000 acres in total are authorized for the program) be designated as grassland wildlife habitat areas. Require 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 St. Croix and Polk Counties) be included as habitat areas. Specify that parcels in the identified areas need not have a riparian connection to be enrolled in CREP. Require that CREP be structured in a way so as to provide a bonus for adjacent property owners to enroll in permanent easements in the grassland project areas. Require that participants receive a bonus for choosing a CREP conservation practice that requires restoration of native tall grass prairie.
Veto by Governor [B-1]: Delete provisions, except funding. The act allows DATCP to expend $40 million in general obligation bond revenues to improve water quality, erosion control and wildlife habitat through participation in the CREP program as approved by the USDA Secretary.
[Act 9 Sections: 183tm, 628, 628b, 637e and 1933gm]
[Act 9 Vetoed Section: 1933gm]
7. FARMLAND PRESERVATION MODIFICATIONS AND ACREAGE CREDITS [LFB Papers 866 and 867]
Governor: Modify the formula used to compute farmland preservation credits, effective with claims filed for tax years beginning after December 31, 2000. Sunset the farmland preservation credit program, with no new credits to be paid for a tax year that begins after December 31, 2002. Further, make numerous modifications to the farmland preservation agreement, exclusive agricultural zoning and soil and water conservation requirements of the farmland preservation program, including eliminating the requirement that a 35-acre parcel is the minimum parcel size required for exclusive agricultural zoning. Create a farmland preservation acreage income tax credit for the sale of development rights that would preserve farmland and green space. The credit would first be available in tax years beginning after December 31, 1998. Allow a claimant to receive both a farmland preservation credit and a farmland preservation acreage credit. Specify that no new claims for the acreage credit could be made for a tax year beginning after December 31, 2002.
Joint Finance: Delete provision.
Assembly/Legislature: Restore the Governor’s recommendation to repeal the current 35-acre minimum parcel size requirement for exclusive agricultural zoning ordinances and, instead, require only that the ordinances specify a minimum lot size, effective on January 1, 2001.
[See "Shared Revenue -- Property Tax Credits" for information on the farmland preservation program.]
[Act 9 Sections: 1903 and 9404(6m)]
8. FARMLAND PRESERVATION -- TOWN OF TROY
Senate: Provide $500,000 in 1999-00 in a new, annual DATCP appropriation to provide a grant to the Town of Troy in St. Croix County for the purchase of development rights on agricultural land, if the town board approves a resolution requesting the grant. Specify that no funds could be encumbered from this appropriation after the first day of the 12th month after the effective date of the bill. Require the Town of Troy board of supervisors to determine which farmland is the best farmland and to attempt to purchase the development rights to that farmland.
Provide the Town of Troy the authority to rezone up to 40% of a parcel of land under exclusive agricultural zoning to allow for residential development, subject to population density requirements determined by the town board, if the owner of the parcel grants the town a permanent conservation easement on the remaining 60% or more of the parcel. Specify that the town could exercise this zoning authority from the effective date of the bill until the first day of the 24th month beginning after publication. Specify that if the land is rezoned by the Town of Troy, the town would not be responsible for any lien associated with the farmland preservation tax credits paid on that land. Rather, the developer of any residential units on the land rezoned by the town out of exclusive agricultural zoning would be required to meet the current farmland preservation tax credit repayments associated with any lien on that land. Further, specify that any funds associated with the repayment of tax credits on land rezoned by the Town of Troy under this authority could also be used by the town to purchase development rights on farmland within the town.
Define development rights to mean a holder's nonpossessory interest in farmland that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of farmland, assuring the availability of farmland for agricultural, forest, wildlife habitat or open space use, protecting natural resources or maintaining or enhancing air or water quality. Define conservation easement identically to development rights, except that it would apply to all real property, rather than just farmland.
Conference Committee/Legislature: Rather than the Senate provision, provide $500,000 in 1999-00 in a new, biennial DATCP appropriation to provide a grant to the Town of Troy in St. Croix County for the purchase of development rights on agricultural land, if the town board approves a resolution requesting the grant. Specify that no funds could be encumbered from this appropriation after the first day of the 12th month after the effective date of the bill. Require the Town of Troy board of supervisors to determine which farmland is the best farmland and to attempt to purchase the development rights to that farmland.
Provide the Town of Troy with the authority to collect any repayment of farmland preservation tax credits on land rezoned out of exclusive agricultural zoning provided that any funds collected are used for the purchase of development rights on farmland within the Town. Provide that the Town may collect the repayment of farmland preservation tax credits by use of a lien on the sale of any residential lots created on the rezoned land, or by direct payments from the developer of those lots. Specify that the town could exercise this authority from the effective date of the bill until the first day of the 12th month beginning after publication.
Define development rights to mean a holder's nonpossessory interest in farmland that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of farmland, assuring the availability of farmland for agricultural, forest, wildlife habitat or open space use, protecting natural resources or maintaining or enhancing air or water quality.
Veto by Governor [B-4]: Delete provisions.
[Act 9 Vetoed Sections: 172 (as it relates to s. 20.115(7)(dr)), 184c and 1580p]
9. AGRICHEMICAL MANAGEMENT FEES
Governor: Reduce certain agrichemical management (ACM) fund fees for a two-year period and permanently reduce fertilizer and feed tonnage fees. The proposed fee change would result in a loss of approximately $2.4 million in fee revenues including a loss of $1.2 million in both 2000-01 and 2001-02. The reductions would primarily be a two-year continuation of temporary fee reductions made in the 1997-99 budget, which will decrease fee revenues by $1.1 million in both 1998-99 and 1999-00. However, in addition, fertilizer and feed tonnage fees deposited to the ACM fund would be permanently reduced by 2¢ per ton for tonnage sold after the effective date of the bill (a reduction of $86,000 annually). The two cent fee would continue to be paid by fertilizer and feed dealers under the bill, but would be credited to the weights and measure program rather than the ACM fund. The ACM fund had a balance of $7 million at the end of 1998-99. The proposed ACM fund fees would be as follows:
Estimated
Current Estimated Governor Permanent
Agrichemical Governor Two-Year Permanent Annual
Management Fee Revenue Fee Revenue
Fee Category Fund Fee Reduction Reduction Reduction Reduction
Fertilizer Tonnage (per ton) $0.32 -$0.09 -$254,400 -$0.02 -$28,300
Feed Tonnage (per ton) 0.25 -0.12 -689,300 -0.02 -57,400
Individual Pest Applicator License 40 -10.00 -115,100
Household Pesticide Registration
$0-25,000 sales 141 -50.00 -510,900
$25,000-75,000 sales 626 -100.00 -49,400
>$75,000 sales 1,376 -300.00 -112,200
Industrial Pesticide Registration
$0-25,000 sales 221 -50.00 -69,800
$25,000-75,000 sales 766 -100.00 -13,800
>$75,000 sales 2,966 -300.00 -51,000
Nonhousehold Pesticide Registration
