Agriculture
This bill eliminates the Land and Water Conservation Board (LWCB), the membership of which includes the secretaries of administration, natural resources, and agriculture, trade and consumer protection or their designees and three members of county land conservation committees.
Under current law, LWCB has responsibilities under the Farmland Preservation Program, the Soil and Water Resource Management Program, and the program that provides financial assistance for measures to reduce water pollution from nonpoint (diffuse) sources. For example, LWCB approves farmland preservation plans and exclusive agricultural zoning ordinances for the purposes of eligibility for the farmland preservation tax credit, establishes tolerable soil erosion levels, approves soil and water conservation standards established by county land conservation committees, and reviews and affirms or reverses certain decisions related to nonpoint source water pollution from agricultural facilities. The bill eliminates some LWCB responsibilities and transfers others to DATCP.
The bill creates the Land and Water Resource Council to advise DATCP and DNR about matters related to land and water resources.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.07 (1) (b) 10. of the statutes is repealed.
SECTION 2. 15.07 (1) (cm) of the statutes is amended to read:
15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of 3 members of the development finance economic policy board appointed under s. 15.155 (1) (a) 6. (2) (a) 4. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. (2) (a) 4. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.
****NOTE: This is reconciled s. 15.07 (1) (cm). This SECTION has been affected by drafts with the following LRB numbers: 1156/3 and 1578/P3.
SECTION 3. 15.07 (5) (h) of the statutes is repealed.
SECTION 4. 15.135 (4) of the statutes is repealed.
SECTION 5. 15.137 (3) of the statutes is created to read:
15.137 (3) LAND AND WATER RESOURCE COUNCIL. (a) Voting members. There is created in the department of agriculture, trade and consumer protection a land and water resource council with the following voting members:
1. A representative of an agricultural organization appointed for a 4-year term.
2. A representative of an environmental organization appointed for a 4-year term.
3. A representative of county government appointed for a 4-year term.
4. The secretary of agriculture, trade and consumer protection or the secretary's designee.
5. The secretary of natural resources or the secretary's designee.
6. The dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison or the dean's designee.
7. The chancellor of the University of Wisconsin-Extension or the chancellor's designee.
(b) Nonvoting members. In addition to the voting members under par. (a), the Wisconsin state conservationist of the natural resource conservation service of the federal department of agriculture and the Wisconsin state executive director of the farm service agency of the federal department of agriculture may serve as nonvoting members of the land and water resource council.
SECTION 6. 36.25 (7) of the statutes is amended to read:
36.25 (7) SOIL AND WATER CONSERVATION. The board is responsible for research and educational programs regarding soil and water conservation. The board shall cooperate with the land and water conservation board, the department of agriculture, trade and consumer protection and the counties in carrying out its soil and water conservation programs. The board shall prepare annually a written program of planned educational activities in soil and water conservation.
SECTION 7. 92.03 (2) of the statutes is repealed.
SECTION 8. 92.04 of the statutes is repealed.
****NOTE: This is the reconciled treatment of s. 92.04. This SECTION has been affected by drafts with the following LRB numbers: -0203/1 and -1156/3.
SECTION 9. 92.045 of the statutes is created to read:
92.045 Land and water resource council. The land and water resource council shall advise the department of agriculture, trade and consumer protection and the department of natural resources on all of the following:
(1) The implementation of this chapter and ch. 281, including on the joint annual grant allocation plan under ss. 92.14 (13) and 281.65 (4) (p).
(2) Research, information, and education needs related to the implementation of this chapter and ch. 281.
(3) Coordination of federal, state, and local programs related to land and water resources that are relevant to the implementation of this chapter and ch. 281.
(4) Other matters related to land and water resources, at the joint request of the department of agriculture, trade and consumer protection and the department of natural resources.
SECTION 10. 92.05 (3) (c) of the statutes is amended to read:
92.05 (3) (c) Rules. The department shall promulgate rules governing implementation of this chapter and distribution of state or federal funds by the department to the counties. The department shall comply with the procedures under s. 92.04 (3) in promulgating these rules.
SECTION 11. 92.05 (3) (i) of the statutes is repealed.
SECTION 12. 92.05 (3) (m) of the statutes is created to read:
92.05 (3) (m) Tolerable erosion level. The department shall establish a tolerable erosion level based on an erosion rate that is acceptable and that maintains long-term soil productivity.
SECTION 13. 92.10 (1) of the statutes is amended to read:
92.10 (1) CREATION. There is created a land and water resource management planning program. The department, board and land conservation committees jointly shall develop and administer this program. The department shall consult with the department of natural resources in developing and administering this program.
SECTION 14. 92.10 (5) of the statutes is repealed.
SECTION 15. 92.10 (6) (a) 3. of the statutes is amended to read:
92.10 (6) (a) 3. Identifies the best management practices to achieve the objectives under subd. 2. and to achieve the tolerable erosion level under s. 92.04 (2) (i) 92.05 (3) (m).
SECTION 16. 92.10 (6) (d) of the statutes is amended to read:
92.10 (6) (d) Plan submission. A land conservation committee shall submit the land and water resource management plan to the board and department.
SECTION 17. 92.14 (6) (b) of the statutes is amended to read:
92.14 (6) (b) The department and the department of natural resources 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.
SECTION 18. 92.14 (6) (d) of the statutes is repealed.
SECTION 19. 92.14 (12) of the statutes is repealed.
SECTION 20. 92.14 (13) of the statutes is amended to read:
92.14 (13) EVALUATION PLAN. The department, jointly with the department of natural resources, 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 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.
SECTION 21. 92.17 (2) (c) of the statutes is repealed.
SECTION 22. 281.20 (5) of the statutes is repealed.
SECTION 23. 281.65 (2) (be) of the statutes is amended to read:
281.65 (2) (be) "Priority lake" means any lake or group of lakes that are identified under sub. s. 281.65 (3) (am), 2007 stats.
SECTION 24. 281.65 (2) (c) of the statutes is amended to read:
281.65 (2) (c) "Priority watershed" means any watershed that is identified under sub. s. 281.65 (3) (am), 2007 stats., or sub. (4) (cm) or (co).
SECTION 25. 281.65 (3) of the statutes is repealed.
SECTION 26. 281.65 (3m) of the statutes is repealed.
SECTION 27. 281.65 (4) (c) of the statutes is amended to read:
281.65 (4) (c) Prepare a list of the watersheds in this state in order of the level of impairment of the waters in each watershed caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.
SECTION 28. 281.65 (4) (cd) of the statutes is amended to read:
281.65 (4) (cd) Prepare a list of the lakes in this state in order of the level of impairment of the waters in the lakes caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.
SECTION 29. 281.65 (4) (cg) of the statutes is repealed.
SECTION 30. 281.65 (4) (e) of the statutes is amended to read:
281.65 (4) (e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The standards and specifications shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16. The department may waive the standards and specifications in exceptional cases. The rules shall specify which best management practices are cost-effective best management practices. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.
SECTION 31. 281.65 (4) (f) of the statutes is amended to read:
281.65 (4) (f) Administer the distribution of grants and aids to governmental units for local administration and implementation of the program under this section. A grant awarded under this section may be used for cost-sharing for management practices and capital improvements, easements, or other activities determined by the department to satisfy the requirements of this section. A grant under this section to a lake district for a priority lake identified under sub. (3m) (b) 1. may be used for plan preparation, technical assistance, educational and training assistance, and ordinance development and administration. A grant may not be used for promotional items, except for promotional items that are used for informational purposes, such as brochures or videos.
SECTION 32. 281.65 (4) (k) of the statutes is repealed.
SECTION 33. 281.65 (4) (L) of the statutes is repealed.
SECTION 34. 281.65 (4) (o) of the statutes is repealed.
SECTION 35. 281.65 (4) (p) of the statutes is amended to read:
281.65 (4) (p) Jointly with the department of agriculture, trade and consumer protection, prepare the plan required under s. 92.14 (13). The department shall review and approve or disapprove the plan and shall notify the land and water conservation board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.
SECTION 36. 281.65 (4) (q) of the statutes is repealed.
SECTION 37. 281.65 (4) (s) of the statutes is repealed.
SECTION 38. 281.65 (4c) (b) of the statutes is amended to read:
281.65 (4c) (b) The department shall use the system under par. (d) to determine the score of each project for which it receives an application under par. (a) and shall inform the land and water conservation board of the scores no later than September 1 of each year.
SECTION 39. 281.65 (4c) (c) of the statutes is amended to read:
281.65 (4c) (c) After determining project scores under par. (b), the department shall notify the land and water conservation board of the projects that the department proposes to select for funding in the following year. The board shall review the proposal and make recommendations to the department. Before and before November 1 of each year, the department shall select projects for funding under this subsection in the following year. To the extent practicable, within the requirements of this section, the department shall select projects so that projects are distributed evenly around this state.
SECTION 40. 281.65 (4m) (d) of the statutes is amended to read:
281.65 (4m) (d) After the department considers the comments of the department of agriculture, trade and consumer protection on a plan under par. (c) and receives approval of the plan by every county to which it was sent and by the land and water conservation board, the department shall designate the plan to be an element of the appropriate areawide water quality management plan under P.L. 92-500, section 208.
SECTION 41. 281.65 (5m) of the statutes is amended to read:
281.65 (5m) Upon completion of plans by the department under sub. (4) (g), the governmental unit or regional planning commission under sub. (4m) and the department of agriculture, trade and consumer protection under sub. (5), and upon receiving the approval of the land and water conservation board, the department shall prepare and approve the final plan for a priority watershed or priority lake.
SECTION 42. 281.65 (5q) (a) of the statutes is amended to read:
281.65 (5q) (a) Notwithstanding sub. (5s), neither the department nor the land and water conservation board may not extend funding under this section for a priority watershed or priority lake project beyond the funding termination date that was in effect for the priority watershed or priority lake project on January 1, 2001, except as provided in par. (b).
SECTION 43. 281.65 (5s) of the statutes is amended to read:
281.65 (5s) The department may make modifications, including designating additional sites as critical sites, in a priority watershed or priority lake plan with the approval of every county to which the department sent the original plan under sub. (4m) (c) and of the land and water conservation board. If the owner or operator of a site prevails in a final review under sub. (7) or the site is not designated as a critical site in the original plan under sub. (5m) and the pollution is from an agricultural source and is not caused by animal waste, the department may not make a modification designating the site as a critical site unless the designation is based on a substantial increase in pollution from the site, on information about pollution from the site that was not available when the plan was prepared or on a substantial change to the criteria for designating a site as a critical site. This subsection applies to a priority watershed or priority lake plan completed before, on or after August 12, 1993.
SECTION 44. 281.65 (5w) of the statutes is amended to read:
281.65 (5w) After the land and water conservation board approves department completes a priority watershed or priority lake plan or a modification to such a plan that designates a site to be a critical site, the department shall notify the owner or operator of that site of the designation and of the provisions in sub. (7) and either s. 281.20 or, if the pollution is caused primarily by animal waste, ss. NR 243.21 to 243.26, Wis. adm. code.
SECTION 45. 281.65 (7) (b) of the statutes is repealed.
SECTION 46. 281.65 (7) (c) of the statutes is amended to read:
281.65 (7) (c) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under sub. (5m) or in a modification to such a plan under sub. (5s) may request a contested case hearing under ch. 227 to review the decision of the land and water conservation board under par. (b) a county land conservation committee under par. (a) 2. by filing a written request with the department within 60 days after receiving an adverse decision of the land and water conservation board county land conservation committee.
