Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,713,22 " Section 2349c. 86.315 (1) of the statutes is amended to read:

SB55-ASA1-AA1,714,8 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources fish, wildlife, parks, and forestry. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.

SB55-ASA1-AA1, s. 2349g Section 2349g. 87.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,714,11 87.01 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2349n Section 2349n. 87.02 (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,714,14 87.02 Powers of department. (intro.) To accomplish the purposes of ss. 87.01 to 87.17, the department of natural resources is hereby authorized and empowered:

SB55-ASA1-AA1, s. 2349r Section 2349r. 87.14 of the statutes is amended to read:

SB55-ASA1-AA1,715,12 87.14 Operation and maintenance. The flood control board is authorized to sell, lease, or lease with power to purchase, any reservoir proposed to be constructed, in the process of construction or completed, to a duly organized river improvement company as defined by s. 182.016, on such terms and conditions as are approved by the department of natural resources as hereinafter provided. Unless so leased or sold it shall be the duty of the flood control board to maintain and operate said improvement. The cost of operation and maintenance during the period intervening between the completion of said improvement and the date when funds provided under this section become available shall be paid from the funds provided for maintenance pursuant to the estimate made by the department as provided in s. 87.07 (3). Prior to the first day of November in each year the flood control board shall certify to the clerk of each town, village and city in which lands to be benefited by the improvement are located an estimated budget, detailed as far as practicable, of the cost of operation and maintenance of said improvement for the succeeding calendar year, together with the amount due upon any judgments outstanding against the board, except those judgments from which the board has appealed or intends to appeal, and shall certify at the same time the portion of such cost to be borne by each such town, village and city. This shall be determined in the same manner and according to the same proportions as provided in s. 87.10 (1) (c). It shall thereupon become the duty of each such town, village and city to include in its next succeeding tax levy the amount so certified and to forward such amount, on or before March 15 following, to the flood control board.

SB55-ASA1-AA1, s. 2349w Section 2349w. 87.18 of the statutes is amended to read:

SB55-ASA1-AA1,716,14 87.18 Lease, sale and lease with option to purchase the project. Whenever the flood control project consists of a storage reservoir and authority to create, operate and maintain a reservoir on the river affected by such storage reservoir is vested in a duly organized river improvement company as defined by s. 182.016, and the petitioners file with the department of natural resources a petition and a proposed contract with such improvement company for a lease, sale, or lease with option to purchase said reservoir, and the department finds the terms and conditions of such contract are sufficient to assure the payment of the amount the board will be obligated to pay for the cost of the reservoir and the maintenance and operation of the same, and the project will secure effective flood control and promotion of the public welfare, then notices, proceedings and assessments provided by ss. 87.04 to 87.12 are not required. The department, however, shall make findings as required by s. 87.05 and shall order that the flood control board be appointed and shall so certify to the governor as provided by s. 87.12. The governor shall thereupon appoint the board as provided in said s. 87.12. The proposed contract filed with the department by petitioners for the sale, lease, or lease with option to purchase said reservoir property shall not be binding upon the board so appointed unless the board approves such contract. Upon approval the board shall so report to the department and file with it a final contract executed by the board and lessee or purchaser. The department has authority to approve or disapprove such contract. If the department approves such contract, then it shall be final and the department shall thereupon order the board to proceed with the work. When such reservoir property is sold and the purchase price has been fully paid and any indebtedness assumed by the purchaser has been paid and discharged, including the fees and expenses of the board, and the department so finds, the said board shall thereupon be dissolved by order of the department.

SB55-ASA1-AA1, s. 2350e Section 2350e. 88.05 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,716,21 88.05 (4) (a) The chairperson of the county highway committee except in a county with a highway commissioner appointed under s. 83.01 (1) (c), the highway commissioner; the chairperson of the county land conservation committee in the county involved; the secretary of natural resources environmental management; the state drainage engineer; and, where a railroad company is involved, the person specified in sub. (6).

SB55-ASA1-AA1, s. 2350v Section 2350v. 88.11 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,716,24 88.11 (1) (e) Coordinate district activities with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2351c Section 2351c. 88.11 (1) (i) of the statutes is amended to read:

SB55-ASA1-AA1,717,5 88.11 (1) (i) Establish, by rule, performance standards for drainage district structures, ditches, maintenance and operations, in order to minimize adverse effects on water quality. The performance standards shall be consistent with any requirements imposed by the department of natural resources environmental management under s. 88.31.

SB55-ASA1-AA1, s. 2351e Section 2351e. 88.11 (2) of the statutes is amended to read:

SB55-ASA1-AA1,717,10 88.11 (2) The state drainage engineer shall provide technical assistance to improve district operations on the request of the department of natural resources environmental management, drainage board, landowners in the district or the judge.".

SB55-ASA1-AA1,717,11 1344. Page 881, line 10: after that line insert:

SB55-ASA1-AA1,717,12 " Section 2353b. 88.31 (title) of the statutes is amended to read:

SB55-ASA1-AA1,717,14 88.31 (title) Special procedure in cases affecting Drainage work in navigable waters.

SB55-ASA1-AA1, s. 2353e Section 2353e. 88.31 (1) to (7m) of the statutes are repealed.

SB55-ASA1-AA1, s. 2353g Section 2353g. 88.31 (8) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,717,19 88.31 (8) (intro.) Subject to other restrictions imposed by this chapter, a drainage board which has obtained all of the permits as required under this chapter and ch. 30 may:

SB55-ASA1-AA1, s. 2353i Section 2353i. 88.35 (5m) of the statutes is repealed.

SB55-ASA1-AA1, s. 2353k Section 2353k. 88.35 (6) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,718,2 88.35 (6) (intro.) Upon the completion of its duties under subs. (1) to (5m) (5), the board shall prepare a written report, including a copy of any maps, plans or profiles that it has prepared. The assessment of benefits and awards of damages shall be set forth in substantially the following form:

SB55-ASA1-AA1, s. 2353m Section 2353m. 88.62 (3) (a) of the statutes is renumbered 88.62 (3) and amended to read:

SB55-ASA1-AA1,718,8 88.62 (3) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources, except as provided in par. (b) any permit that is required under ch. 30 or 31.

SB55-ASA1-AA1, s. 2353p Section 2353p. 88.62 (3) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2353r Section 2353r. 88.72 (3) of the statutes is amended to read:

SB55-ASA1-AA1,718,17 88.72 (3) At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen, or widen any waters or streams either within or beyond the limits of the district, the board shall obtain any permit that is required under this chapter or ch. 30 or 31.

SB55-ASA1-AA1, s. 2353t Section 2353t. 88.72 (4) of the statutes is amended to read:

SB55-ASA1-AA1,718,25 88.72 (4) Within 30 days after the department of natural resources has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

SB55-ASA1-AA1, s. 2378m Section 2378m. 88.95 of the statutes is created to read:

SB55-ASA1-AA1,719,12 88.95 Geographic information system maps. If a county prepares a geographic information system map in preliminary form and the map includes a stream, ditch, dike, or levee, the county shall furnish each drainage district in which the land is located with a copy of the map. No later than 120 days after the drainage district receives the map, the drainage district shall provide notice to the county if the drainage district determines that there is an error or omission in the map. If the drainage district provides such notice, the county shall correct the error or omission on the map. If the county does not correct the error or omission because it does not concur with the drainage district, the county shall notify the drainage district and the land information board and the land information board shall resolve the conflict.".

SB55-ASA1-AA1, s. 2357b Section 2357b. 88.62 (3) of the statutes is amended to read:

SB55-ASA1-AA1,719,17 88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources environmental management, except as provided in par. (b).

SB55-ASA1-AA1,719,21 (b) If drainage work is undertaken in navigable waters located in the Duck Creek Drainage District, the board for that district shall obtain a permit under s. 30.20 or ch. 31, as directed by the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2360b Section 2360b. 88.72 (4) of the statutes is amended to read:

SB55-ASA1-AA1,720,4 88.72 (4) Within 30 days after the department of natural resources environmental management has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

SB55-ASA1-AA1, s. 2360f Section 2360f. 91.01 (6) of the statutes is amended to read:

SB55-ASA1-AA1,720,15 91.01 (6) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, including land designated by the department of natural resources fish, wildlife, parks, and forestry as part of the ice age trail under s. 23.17, which during the year preceding application for a farmland preservation agreement produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding application produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding application, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

SB55-ASA1-AA1, s. 2378e Section 2378e. 92.04 (2) (e) of the statutes is amended to read:

SB55-ASA1-AA1,720,20 92.04 (2) (e) Review joint evaluation plan. The board shall review the evaluation plan prepared under s. 92.14 (13). After its review, the board shall make recommendations on the plan to the department and to the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2378h Section 2378h. 92.05 (1) of the statutes is amended to read:

SB55-ASA1-AA1,721,5 92.05 (1) Central agency. The department is the central agency of this state responsible for setting and implementing statewide soil and water conservation policies and administering the state's soil and water conservation programs. The department shall coordinate its soil and water conservation program with the nonpoint source water pollution abatement program established under s. 281.65, the inland lake protection and rehabilitation program established under ch. 33 and other programs with objectives related to soil and water conservation administered by the department of natural resources environmental management or by other state or federal agencies.

SB55-ASA1-AA1, s. 2379k Section 2379k. 92.10 (6) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,721,9 92.10 (6) (a) 1. Includes an assessment of water quality and soil erosion conditions throughout the county, including any assessment available from the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2379n Section 2379n. 92.10 (8) of the statutes is amended to read:

SB55-ASA1-AA1,721,16 92.10 (8) Duties of the department of natural resources environmental management. The department of natural resources environmental management shall provide counties with assistance in land and water resource management planning, including providing available water quality data and information, providing training and support for water resource assessments and appraisals and providing related program information.

SB55-ASA1-AA1, s. 2379t Section 2379t. 92.14 (2) (j) of the statutes is amended to read:

SB55-ASA1-AA1,721,21 92.14 (2) (j) Enhancing the administration and coordination of state nonpoint source water pollution abatement activities by the department and the department of natural resources environmental management, including providing a single process for grant application, funding allocation, reporting and evaluation.".

SB55-ASA1-AA1,721,23 1345. Page 881, line 25: delete ", equal to at least" and substitute "by rule, equal to".

SB55-ASA1-AA1,721,24 1346. Page 882, line 1: delete "at least".

SB55-ASA1-AA1,722,1 1347. Page 882, line 11: after that line insert:

SB55-ASA1-AA1,722,2 " Section 2382. 93.06 (8) of the statutes is amended to read:

SB55-ASA1-AA1,722,10 93.06 (8) Prescribe conditions of licenses. Except as provided in s. 93.135, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127 126, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.".

SB55-ASA1-AA1,722,11 1348. Page 882, line 11: after that line insert:

SB55-ASA1-AA1,722,12 " Section 2380c. 92.14 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,722,20 92.14 (6) (b) The department and the department of natural resources environmental management shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.

SB55-ASA1-AA1, s. 2380d Section 2380d. 92.14 (6) (d) of the statutes is amended to read:

SB55-ASA1-AA1,723,2 92.14 (6) (d) The board shall review the annual allocation plan submitted to it under par. (b) and make recommendations to the department of agriculture, trade and consumer protection and the department of natural resources environmental management on approval, modification or disapproval of the plan.

SB55-ASA1-AA1, s. 2380e Section 2380e. 92.14 (6) (h) 3. of the statutes is amended to read:

SB55-ASA1-AA1,723,5 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the department of natural resources environmental management to act under ch. 283.

SB55-ASA1-AA1, s. 2380f Section 2380f. 92.14 (6) (m) of the statutes is amended to read:

SB55-ASA1-AA1,723,9 92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources environmental management shall assist counties in conducting the activities for which grants under sub. (3) may be used.

SB55-ASA1-AA1, s. 2380g Section 2380g. 92.14 (8) of the statutes is amended to read:

SB55-ASA1-AA1,723,13 92.14 (8) Rules. In consultation with the department of natural resources environmental management, the department shall promulgate rules to administer this section and the department's duties under s. 281.65.

SB55-ASA1-AA1, s. 2380h Section 2380h. 92.14 (12) of the statutes is amended to read:

SB55-ASA1-AA1,723,17 92.14 (12) Annual report. Annually, the department, in cooperation with the department of natural resources environmental management, shall submit a report on the progress of the program under this section and s. 281.65 to the board.

SB55-ASA1-AA1, s. 2380j Section 2380j. 92.14 (13) of the statutes is amended to read:

SB55-ASA1-AA1,724,2 92.14 (13) Evaluation plan. The department, jointly with the department of natural resources environmental management, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources environmental management on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

SB55-ASA1-AA1, s. 2380k Section 2380k. 92.14 (14) of the statutes is amended to read:

SB55-ASA1-AA1,724,11 92.14 (14) Application, allocation, reporting and evaluation. The department, jointly with the department of natural resources environmental management, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and ss. 281.65 and 281.66. The department, jointly with the department of natural resources environmental management, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and ss. 281.65 and 281.66.

SB55-ASA1-AA1, s. 2380L Section 2380L. 92.14 (14m) of the statutes is amended to read:

SB55-ASA1-AA1,724,17 92.14 (14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources environmental management, jointly, shall review applications from counties for grants under sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under s. 281.65 or 281.66.

SB55-ASA1-AA1, s. 2380n Section 2380n. 92.14 (15) of the statutes is amended to read:

SB55-ASA1-AA1,724,21 92.14 (15) Financial information. The department shall consult with the department of natural resources environmental management when it prepares the information which it submits to the department of administration under s. 16.42.

SB55-ASA1-AA1, s. 2380p Section 2380p. 92.15 (3) of the statutes is amended to read:

SB55-ASA1-AA1,725,4 92.15 (3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources environmental management that the regulations are necessary to achieve water quality standards under s. 281.15.

SB55-ASA1-AA1,725,8 (b) The department of agriculture, trade and consumer protection and the department of natural resources environmental management shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a).

SB55-ASA1-AA1, s. 2380r Section 2380r. 92.18 (4) of the statutes is amended to read:

SB55-ASA1-AA1,725,11 92.18 (4) The department shall promulgate rules under this section in consultation with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2380s Section 2380s. 92.18 (5) of the statutes is amended to read:

SB55-ASA1-AA1,725,15 92.18 (5) Any training required under this section may be conducted by the department or the department of natural resources environmental management or by another person with the approval of the department.".

SB55-ASA1-AA1,725,16 1349. Page 882, line 11: after that line insert:

SB55-ASA1-AA1,725,17 " Section 2381. 93.01 (1m) of the statutes is amended to read:

SB55-ASA1-AA1,726,2 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations , and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.".