LRB-4342/1
RCT:lmk:pg
2005 - 2006 LEGISLATURE
January 13, 2006 - Introduced by Senators Kapanke and Brown, cosponsored by
Representatives Ott, Ward, Petrowski, Musser, Nerison, Ainsworth and
Towns. Referred to Committee on Agriculture and Insurance.
SB504,1,7
1An Act to amend 93.90 (3) (a) 5., 93.90 (3) (a) 6. (intro.), 93.90 (3) (a) 8., 93.90
2(3) (a) 9. (intro.), 93.90 (3) (ae) 1., 93.90 (3) (ae) 2., 93.90 (3) (d), 93.90 (3) (e) and
393.90 (3) (f);
to repeal and recreate 93.90 (1m) (a); and
to create 93.90 (2) (e)
43. and 283.11 (4m) of the statutes;
relating to: determining the size of a
5livestock operation for the applicability of the livestock facility siting law, water
6quality regulation of livestock operations, granting rule-making authority, and
7providing an exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
Livestock facility siting
Current law requires the Department of Agriculture, Trade and Consumer
Protection (DATCP) to set standards for siting and expanding livestock facilities.
The law limits the grounds on which a city, village, town, or county (political
subdivision) may prohibit the siting or expansion of a livestock facility. The grounds
depend, in some cases, on the size of the livestock facility, measured in animal units.
Generally, a political subdivision may not prohibit the siting or expansion of a
livestock facility that would have fewer than 500 animal units unless the facility is
in a zoning district in which agriculture is prohibited. A political subdivision may
prohibit the siting or expansion of a livestock facility that would have 500 or more
animal units, even in a district that is zoned for agriculture, if the livestock facility
would violate one of the standards set by DATCP.
Under current law, the number of animal units is determined according to rules
of the Department of Natural Resources (DNR) related to regulation of water
pollution from livestock operations. Under these rules, for example, a mature dairy
cow equals 1.4 animal units, a dairy calf equals 0.2 animal unit, a beef steer equals
1 animal unit, a pig weighing 55 pounds or more equals 0.4 animal unit, a pig
weighing less than 55 pounds equals 0.1 animal unit, and a turkey equals 0.018
animal unit. Under current law, if a livestock facility would have more than one type
of animal (large and small pigs, for example), the number of animal units that would
be present at a livestock facility is determined by adding together the number of
animal units of each type of animal.
Under this bill, different kinds of animals may not be added together in
determining the number of animal units at a livestock facility for the applicability
of the livestock facility siting law. Thus, a political subdivision may generally
prohibit the siting or expansion of a livestock facility on the grounds that the facility
would violate a state standard only if the facility would have at least 500 animal
units of a single type of animal. The bill also makes some changes in the number of
animal units assigned to different types of animals.
Water quality regulation
The Federal Water Pollution Control Act requires the issuance of water
pollution discharge permits for point sources of pollution by the Environmental
Protection Agency (EPA) or by states, including Wisconsin, to which EPA has
delegated permit granting authority. A point source is a discrete conveyance, such
as a pipe, and includes a concentrated animal feeding operation (CAFO). The
determination of whether a livestock operation is a CAFO depends in part on the size
of the livestock facility, measured by animal units. Under its current rules, DNR
determines the number of animal units at a facility by adding together the number
of animal units for each type of animal. DNR has proposed to change its rule for
determining animal units. Under the proposed rule, DNR would continue to add
together the number of animal units of each type of animal, but would make some
changes in the number of animal units assigned to different types of animals.
This bill requires DNR to use EPA's methodology for measuring the size of a
livestock operation to determine whether the livestock operation is a CAFO and,
thus, whether the livestock operation is required to obtain a water pollution
discharge permit permit. EPA's methodology does not add together the number of
animals of different types. EPA's methodology also uses somewhat different
thresholds for the number of animals used in determining whether a livestock
operation is a CAFO than in either the current or proposed DNR rule.
For further information see the state and local 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:
SB504,3,43
93.90
(1m) (a) "Animal unit" means a measure of the number of animals that
4a livestock facility will have, as determined under sub. (2) (e) 3.
SB504, s. 2
5Section
2. 93.90 (2) (e) 3. of the statutes is created to read:
SB504,3,96
93.90
(2) (e) 3. Specify the method for determining numbers of animal units for
7each type of animal based on the principle that the threshold number of animals of
8each type of animal in the definition of "large concentrated animal feeding operation"
9in
40 CFR 122.23 (b) (4) equals 1,000 animal units.
SB504,3,1412
93.90
(3) (a) 5. The proposed new or expanded livestock facility will have 500
13or more animal units
of one type of animal and violates a state standard under sub.
14(2) (a).
SB504,3,2017
93.90
(3) (a) 6. (intro.) The proposed new or expanded livestock facility will
18have 500 or more animal units
of one type of animal and violates a requirement that
19is more stringent than the state standards under sub. (2) (a) if the political
20subdivision does all of the following:
SB504,4,223
93.90
(3) (a) 8. The proposed new or expanded livestock facility will have fewer
24than 500 animal units
of each type of animal but will exceed a size threshold for
25requiring a special exception or conditional use permit that was incorporated into the
1political subdivision's ordinances before July 19, 2003, and the proposed new or
2expanded livestock facility violates a state standard under sub. (2) (a).
SB504,4,115
93.90
(3) (a) 9. (intro.) The proposed new or expanded livestock facility will
6have fewer than 500 animal units
of each type of animal but will exceed a size
7threshold for requiring a special exception or conditional use permit that was
8incorporated into the political subdivision's ordinances before July 19, 2003, and the
9proposed new or expanded livestock facility violates a requirement that is more
10stringent than the state standards under sub. (2) (a) if the political subdivision does
11all of the following:
SB504,4,1514
93.90
(3) (ae) 1. A new or expanded livestock facility that will have 500 or more
15animal units
of one type of animal.
SB504,4,2118
93.90
(3) (ae) 2. A new or expanded livestock facility that will have fewer than
19500 animal units
of each type of animal but that will exceed a size threshold for
20requiring a special exception or conditional use permit that was incorporated into the
21political subdivision's ordinances before July 19, 2003.
SB504,5,524
93.90
(3) (d) Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political
25subdivision that requires compliance with state standards under sub. (2) (a) as a
1condition of issuing a special exception or conditional use permit for an expanded
2livestock facility is not required to determine that cost-sharing is available to the
3operator of the livestock facility for facilities or practices needed to comply with those
4standards if the livestock facility will have 500 or more animal units
of one type of
5animal.
SB504,5,188
93.90
(3) (e) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
9political subdivision may not enact a requirement that a person obtain a special
10exception or conditional use permit for the expansion of a livestock facility that exists
11when the requirement takes effect, except that a political subdivision may enact a
12requirement that a person obtain a special exception or conditional use permit for
13the expansion of a livestock facility that exists when the requirement takes effect if
14the requirement applies only when the number of animal units
of one type of animal 15that the livestock facility will have after expansion will exceed by more than 20
16percent the largest number of animal units
of that type of animal that were at the
17livestock facility for at least 90 days in the 12-month period before the requirement
18takes effect.
SB504,5,2421
93.90
(3) (f) For the purposes of this subsection, the number of animal units
of
22one type of animal that a livestock facility will have is the largest number of animal
23units
of that type of animal that will be fed, confined, maintained, or stabled at the
24livestock facility on at least 90 days in any 12-month period.
SB504, s. 12
25Section
12. 283.11 (4m) of the statutes is created to read:
SB504,6,2
1283.11
(4m) Livestock facilities. (a) In this subsection, "livestock facility" has
2the meaning given in s. 93.90 (1m) (e).
SB504,6,53
(b) In determining the applicability of any requirement of this chapter to a
4livestock facility based on the number or type of animals present at the livestock
5facility, the department shall use the methodology in
40 CFR 122.23 (b) (4) and (6).
SB504,6,167
(1) The department of agriculture, trade and consumer protection may
8promulgate emergency rules under section 227.24 of the statutes implementing
9section 93.90 (2) (e) 3. of the statutes, as created by this act, for the period before the
10effective date of the permanent rule promulgated under section 93.90 (2) (e) 3. of the
11statutes, as created by this act, but not to exceed the period authorized under section
12227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3)
13of the statutes, the department is not required to provide evidence that promulgating
14a rule under this subsection as an emergency rule is necessary for the preservation
15of public peace, health, safety, or welfare and is not required to provide a finding of
16emergency for a rule promulgated under this subsection.
SB504, s. 14
17Section
14.
Effective dates. This act takes effect on the day after publication,
18except as follows:
SB504,6,2119
(1)
The treatment of sections 93.90 (1m) (a), (2) (e) 3., and (3) (a) 5., 6., 8., and
209., (ae) 1. and 2., (d), (e), and (f), and 283.11 (4m) of the statutes takes effect on the
21first day of the 4th month beginning after publication.
