Wisconsin Legislature: 16,2395t

16,2394 Section 2394. 93.50 (1) (g) of the statutes is amended to read:

93.50 (1) (g) "Procurement contract" has the meaning given for "vegetable procurement contract" in s. 100.03 (1) (vm) 126.55 (15).

16,2394p Section 2394p. 93.80 of the statutes is created to read:

93.80 Arsenic in wood. (1) The department, jointly with the department of commerce, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health. The departments shall report the results of their review to the legislature under s. 13.172 (2) no later than June 30, 2002.

(2) If the department and the department of commerce determine under sub. (1) that there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health, the departments jointly shall promulgate rules that phase in restrictions on the use of wood treated with copper, chromium, and arsenic. The departments may not prohibit the use of wood treated with copper, chromium, and arsenic for a purpose unless there is a substitute wood preservative that may be used for that purpose and that is less harmful.

(3) Any person who violates a rule promulgated under sub. (2) may be required to forfeit not more than $500 for each violation.

16,2395t Section 2395t. 94.715 of the statutes is created to read:

94.715 Pest management for schools. (1) Definitions. In this section:

(a) "Active ingredient" has the meaning given in s. 94.67 (1).

(b) "Federal act" has the meaning given in s. 94.67 (13).

(cm) "Integrated pest management" means a comprehensive strategy of pest control with the main objective of achieving desired levels of pest control in an environmentally responsible manner to reduce or eliminate reliance on pesticides by using a combination of nonchemical pest controls, which may include monitoring, increased sanitation, physical barriers, and the use of natural pest enemies, to address conditions that support pests and judiciously using lowest risk pesticides when necessary after all other practical methods have failed.

(d) "Pest" has the meaning given in s. 94.67 (24).

(e) "Pesticide" has the meaning given in s. 94.67 (25), except that "pesticide" does not include a germicide, sanitizer, or disinfectant.

(2) Requirements for school boards. A school board shall do all of the following:

(a) Propose a pest management plan that complies with sub. (4).

(am) Before proposing a plan under par. (a), obtain training under s. 36.25 (43) for at least one member of the school board or school district employee who will be involved in developing the pest management plan.

(b) After public notice and a hearing on the proposed plan under par. (a) and no later than the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], adopt a pest management plan that complies with sub. (4) and submit a copy of the plan to the department.

(c) No later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], implement the pest management plan adopted under par. (b).

(d) Provide public notice and a hearing before modifying the pest management plan adopted under par. (b) and notify the department of any modifications to the plan.

(dm) Authorize pesticide application in a school or on school grounds to be conducted only by persons who are certified in the applicable pesticide use categories under s. 94.705.

(e) When the use of a pesticide is determined to be necessary in a school or on school grounds, use pesticide in accordance with integrated pest management practices.

(f) Except as provided in sub. (6), at least 72 hours in advance of each pesticide application in a school or on school grounds, provide written notification, in a font size no smaller than that routinely used for other notices to parents, of the name of the pesticide to be applied, the planned time and location of the application, the potential health effects of exposure to the pesticide, as indicated on its label, and the name and telephone number of a person at the school who can be called for more information or to report health effects from exposure, to all of the following:

1. Each employee of the school district, or of a contractor with the school district, who may be present in the area of application within 72 hours after the application.

2. Each student who may be present in the area of application within 72 hours after the application.

3. The parents or guardians of the students under subd. 2.

(g) Post notice of each pesticide application in a school or on school grounds at the time of the application and for at least 72 hours following the application.

(h) Maintain a record of all of the following for each application of pesticide in a school or on school grounds:

1. The name and certification number of the person applying the pesticide.

2. The type of pesticide applied and its brand name, the name of the pesticide as registered under the federal act, the pesticide registration number assigned to the pesticide under the federal act, the manufacturer of the pesticide, and the pesticide's active ingredients and inert ingredients.

3. The date and time of the application and the amount of pesticide applied.

4. How the pesticide was applied, including any additives used and the type of application device used.

5. The street address of the place at which the pesticide was applied and a description of the area to which the pesticide was applied.

6. The purpose of the application, including the target pest and whether the application was preventive or reactive.

7. For an outdoor application, a description of the weather conditions at the time of the application.

8. The symptoms of acute poisoning from the pesticide, as indicated on its label.

(i) Make the information under par. (h) available to any person upon request and provide the information about pesticide applications to the department quarterly, except as provided in sub. (6m).

(j) Review liability and property insurance maintained by the school board to determine whether coverage is adequate for damage or loss caused by pesticides.

(k) Provide any information concerning pest management that is requested by the department.

(3) Prohibitions. (a) A school district may not routinely use pesticides on a regularly scheduled basis in a school or on school grounds.

(b) A school district may not use pesticide fumigation in a school or on school grounds.

(d) A school district may not use a pesticide in a school or on school grounds unless nonchemical methods of pest control have failed to prevent unacceptable levels of pest activity and damage.

(4) Pest management plan. A school board shall design its pest management plan required under sub. (2) (b) to prevent unacceptable levels of pest activity and damage while minimizing hazards to persons, property, and the environment. In the plan required under sub. (2) (b), a school board shall specify the pest management practices that will be used by the school district and shall include all of the following:

(a) A description of the methods that will be used to identify pest problems, including monitoring to determine whether pests are present in sufficient numbers to require treatment with pesticides.

(b) A description of the nonchemical methods that the school district will use to seek to prevent unacceptable levels of pest activity and damage.

(c) A description of the pesticides and methods of application that the school district may use if the methods under par. (b) fail to prevent unacceptable levels of pest activity and damage.

(d) A description of the other means that the school district will use to ensure compliance with subs. (2) (c) to (k) and (3).

(6) Exemption from advance notice requirement. A school board is not required to provide advance notice of a pesticide application if the school district administrator, as defined in s. 115.001 (8), or the school principal declares that a pest emergency exists. If a pesticide is applied in a school or on school grounds without advance notice, the school board shall provide written notification of the name of the pesticide that was applied, the time and location of the application, the potential health effects of exposure to the pesticide, as indicated on its label, and the name and telephone number of a person at the school who can be called for more information or to report health effects from exposure, to all of the persons identified in sub. (2) (f) 1. to 3., as soon as possible after the application. The school board shall provide the notice in a font size no smaller than that routinely used for other notices to parents.

(6m) Exemption from reporting requirement. A school district is not required to provide quarterly reports to the department under sub. (2) (i) if the school district does not use pesticides and notifies the department that it does not use pesticides. A school district shall begin to make the quarterly reports if it begins to use pesticides.

(7) Assistance and cooperation. The department shall provide assistance to school districts in complying with subs. (2) to (4). The department shall consult with the department of health and family services and the department of public instruction concerning school pest management issues. The department and the board of regents of the University of Wisconsin System shall enter into a memorandum of understanding concerning school pest management and the provision of training by the University of Wisconsin-Extension to ensure cooperation between the department and the University of Wisconsin-Extension and to avoid duplication of activities. The University of Wisconsin-Extension and the cooperative educational service agencies shall cooperate in providing the training under s. 36.25 (43).

(8) Availability of plans. The department shall retain pest management plans submitted under sub. (2) (b) and make the plans available to any person upon request.

(9) Report. On or before January 1 of each even-numbered year, the department, in cooperation with the University of Wisconsin-Extension and the department of health and family services, shall submit a report evaluating the program under this section to the legislature under s. 13.172 (2).

16,2397e Section 2397e. 94.73 (3m) (r) of the statutes is amended to read:

94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 $50,000 for the replacement or restoration of private wells or for connection to a public or private water source if the department or the department of natural resources orders the well replacement or restoration or the connection in response to a discharge.

16,2398 Section 2398. 95.15 of the statutes is repealed.

16,2399 Section 2399. 95.60 (8) of the statutes is created to read:

95.60 (8) The department may provide training to veterinarians and other persons who issue fish health certificates for the purposes of this section. The department may charge fees to recover the cost of providing the training.

16,2400 Section 2400. 97.20 (2) (d) 2. of the statutes is amended to read:

97.20 (2) (d) 2. The license applicant has filed all financial information required under s. 126.44 and any security required under s. 100.06 126.47. If an applicant has not filed all financial information under s. 126.44 and any security required under s. 100.06 126.47, the department may issue a conditional dairy plant license under s. 93.06 (8) which prohibits the licensed operator from purchasing milk or fluid milk products from milk producers or their agents, but allows the operator to purchase milk or fluid milk products from other sources.

16,2401 Section 2401. 97.20 (3m) of the statutes is amended to read:

97.20 (3m) Confidentiality. Any information kept by the department under this section or s. 97.24 that identifies individual milk producers who deliver milk to a dairy plant licensed under this section and that is a composite list for that dairy plant is not subject to inspection under s. 19.35 unless inspection is required under s. 100.06 (4) 126.70 or unless the department determines that inspection is necessary to protect the public health, safety or welfare.

16,2402 Section 2402. 97.22 (10) of the statutes is amended to read:

97.22 (10) Confidentiality. Any information obtained and kept by the department under this section, under s. 97.24 or 97.52, or under rules promulgated under those sections, that pertains to individual milk producer production, milk fat and other component tests and quality records is not subject to inspection under s. 19.35 except as required under s. 100.06 (4) 126.70 or except as the department determines is necessary to protect the public health, safety or welfare.

16,2403 Section 2403. 97.29 (4) of the statutes is amended to read:

97.29 (4) Food processing plants buying vegetables from producers. The department may not issue or renew a license to operate a food processing plant to any applicant who is a vegetable contractor, as defined in s. 100.03 (1) (f) 126.55 (14), unless the applicant has filed all financial information required under s. 126.58 and any security that is required under s. 100.03 126.61. If an applicant has not filed all financial information required under s. 126.58 and any security that is required under s. 100.03 126.61, the department may issue a conditional license under s. 93.06 (8) that prohibits the licensed operator from procuring vegetables from a producer or a producer's agent, but allows the operator to procure vegetables from other sources.

16,2403e Section 2403e. 97.60 of the statutes is created to read:

97.60 Food advisory council. The food advisory council shall meet at least quarterly and shall advise the department concerning issues related to providing a safe and wholesome food supply in this state, including all of the following:

(1) Food recalls.

(2) Rules that apply to retail food establishments and food processing plants.

(3) Food safety concerns and communications.

(4) Training.

(5) Partnerships between the department and the food industry.

(6) Enforcement and inspection.

(7) Other issues related to the food industry.

16,2404 Section 2404. 100.03 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

16,2404g Section 2404g. 100.03 (1) (bm) of the statutes is amended to read:

100.03 (1) (bm) "Audited financial statement" means a financial statement that, in the accompanying opinion of an independent certified public accountant or a public accountant holding a certificate of authority licensed or certified under ch. 442, fairly and in all material respects represents the financial position of the contractor, the results of the contractor's operations and the contractor's cash flows in conformity with generally accepted accounting principles.

16,2404r Section 2404r. 100.03 (1) (ym) 2. of the statutes is amended to read:

100.03 (1) (ym) 2. Reviewed according to generally accepted accounting principles by an independent certified public accountant or a public accountant holding a certificate of authority licensed or certified under ch. 442.

16,2405 Section 2405. 100.06 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

16,2405m Section 2405m. 100.06 (1g) (c) of the statutes is amended to read:

100.06 (1g) (c) The department shall require the applicant to file a financial statement of his or her business operations and financial condition that meets the requirements of par. (d). The licensee, during the term of his or her license, may be required to file such statements periodically. All such statements shall be confidential and shall not be open for public inspection, except that the department shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual contained in such statements if requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5). The department may require such statements to be certified by a certified public accountant licensed or certified under ch. 442. Such statements and audits, when made by the department, shall be paid for at cost.

16,2408 Section 2408. 100.20 (2) (b) of the statutes is amended to read:

100.20 (2) (b) Notwithstanding par. (a), the department may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a mobile manufactured home park operator, as defined in s. 196.01 (3t) 101.91 (8), or mobile manufactured home park contractor, as defined in s. 196.01 (3q) 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.

16,2414 Section 2414. 100.235 (1) (b) of the statutes is amended to read:

100.235 (1) (b) "Contractor" has the meaning given for "vegetable contractor" under s. 100.03 (1) (f) 126.55 (14).

16,2415 Section 2415. 100.235 (1) (em) of the statutes is renumbered 100.235 (1) (dm) and amended to read:

100.235 (1) (dm) "Registration License year" has the meaning given under s. 100.03 (1) (y) 126.55 (10m).