AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under current law, DNR conducts activities related to the withdrawal and use of water in this state, including activities to implement the Great Lakes Water Resources Compact.
This bill establishes three fees, to be paid beginning in 2011, that DNR may use for activities related to water use, including activities to implement the Great Lakes Water Resources Compact. The first is an annual fee to be paid by a person with a water supply system anywhere in this state with the capacity to withdraw 100,000 gallons or more per day. The fee is $125, except that DNR may modify the amount of the fee by rule.
The second fee is imposed on a person who withdraws more than 50,000,000 gallons of water from the Great Lakes basin in a year. DNR specifies the amount of this fee by rule.
Current law requires a person who intends to transfer (divert) water out of the Great Lakes basin to apply to DNR. The law provides that water may be diverted out of the basin only for the purpose of providing water to the public. The third water use fee established in the bill is a fee of $5,000 that must be paid by a person applying for approval of a diversion out of the Great Lakes basin.
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:
SECTION 1. 20.370 (4) (ai) of the statutes is created to read:
20.370 (4) (ai) Water resources -- water use fees. From the general fund, all moneys received under s. 281.346 (12) for activities related to water use and the administration of s. 281.346.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 281.346 (12) of the statutes is created to read:
281.346 (12) FEES. (a) A person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125, except that the department may promulgate a rule specifying a different amount.
(b) In addition to the fee under par. (a), a person who withdraws from the Great Lakes basin more than 50,000,000 gallons per year shall pay to the department an annual fee in an amount specified under par. (c).
(c) The department shall promulgate a rule specifying the amount of the fee under par. (b).
(d) A person who submits an application under sub. (4) shall pay to the department a review fee of $5,000.
SECTION 9437. Effective dates; Natural Resources.
(1) WATER USE FEES. The treatment of sections 20.370 (4) (ai) and 281.346 (12) of the statutes takes effect on January 1, 2011.
(End)
LRB-1156LRB-1156/3
RCT:kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0266 - Replace Land and Water Conservation Board with council
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
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:
