AB926: Bill Text

AB926,184,6 82.10 (4) (a) 3s. The department of agriculture, trade and consumer protection.

AB926, s. 789 Section 789. 84.01 (17) of the statutes is amended to read:

AB926,184,14 84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to February 1 of each even-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources and to, the department of environmental quality, and the department of agriculture, trade and consumer protection.

AB926, s. 790 Section 790. 84.01 (23) of the statutes is amended to read:

AB926,184,21 84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village and city bridges, arches or culverts. The standards shall be developed after consultation with the department of natural resources and the department of environmental quality, and shall be directed at preventing undue impairment of public rights in navigable waters.

AB926, s. 791 Section 791. 84.02 (3) (a) of the statutes is amended to read:

AB926,185,19 84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources, the secretary of environmental quality, and the secretary of agriculture, trade and consumer protection either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.

AB926, s. 792 Section 792. 84.078 (1) (am) of the statutes is amended to read:

AB926,185,24 84.078 (1) (am) "High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources environmental quality by rule.

AB926, s. 793 Section 793. 84.078 (3) (a) 2. of the statutes is amended to read:

AB926,186,6 84.078 (3) (a) 2. The department of natural resources environmental quality certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources environmental quality.

AB926, s. 794 Section 794. 84.078 (3) (b) (intro.) of the statutes is amended to read:

AB926,186,13 84.078 (3) (b) (intro.) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources environmental quality under par. (a) 2., notwithstanding the occurrence of any of the following:

AB926, s. 795 Section 795. 84.078 (3) (c) of the statutes is amended to read:

AB926,186,21 84.078 (3) (c) The department of transportation and the department of natural resources environmental quality may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources environmental quality applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.

AB926, s. 796 Section 796. 84.11 (3) of the statutes is amended to read:

AB926,187,6 84.11 (3) Hearing. Within 60 days of the receipt of a petition under sub. (2), the department shall fix a time and place for a hearing and give notice of the hearing by publication of a class 2 notice, under ch. 985, in the vicinity of the proposed bridge project. Notice shall also be given by registered letter addressed to the clerks of the counties, cities, villages and towns in which any part of the bridge project will be located. The notice shall also be given to the secretary of natural resources and the secretary of environmental quality either by registered mail or personally. The hearing may be held in any county, city, village or town in which any part of the bridge project will be located.

AB926, s. 797 Section 797. 84.11 (7m) of the statutes is amended to read:

AB926,187,24 84.11 (7m) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred by law upon the department of natural resources environmental quality, and the control exercised by the United States, the construction under this section of any bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project under sub. (1m), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of such moneys deposited for a project eligible for construction under sub. (1m) which remain in the state treasury after the completion of the project shall be repaid to the respective counties, cities, villages and towns in such amounts as to result in the distribution provided in sub. (5m).

AB926, s. 798 Section 798. 84.12 (7) of the statutes is amended to read:

AB926,189,2 84.12 (7) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred upon the department of natural resources environmental quality, and the control exercised by the United States, the construction under this section of any bridge project shall be under the joint supervision and control of the department and of the transportation department of the other state concerned. If the transportation department of the other state is not authorized to act jointly with this state in such bridge project arrangements may be made with such subdivisions of the other state as may have proper authority, represented by their proper officers. Control shall be exercised in the manner deemed most expedient by the secretary and such department or by the secretary and the officers of the subdivisions of the other state concerned in the construction. Contracts for the construction of said bridge projects may be made and executed by the secretary and the transportation department of the other state jointly, or jointly by the secretary and such subdivisions of the other state as may participate in the construction, or by appropriate agreement between the parties with respect to financing and control of the work, the authority of either state may contract for all or part of the construction. The secretary may suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project eligible to construction under sub. (1) (a) or offered by it as to any project eligible to construction under sub. (1) (b), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys available from this state, or its subdivisions, shall be deposited in the state treasury when required by the secretary and shall be paid out only upon the order of the secretary. Moneys deposited by such subdivisions which remain in the state treasury after the completion of such project shall be repaid to the respective subdivisions in the proportion paid in.

AB926, s. 799 Section 799. 84.28 (1) of the statutes is amended to read:

AB926,190,8 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) 20.115 (5) (b) may be expended for the renovation, marking, and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources agriculture, trade and consumer protection. Moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking, and maintenance of a town or county highway located within the boundaries of any state park, in the lower Wisconsin state riverway as defined in s. 30.40 (15), or on other property under the jurisdiction of the department of natural resources. Outside the lower Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or other property under the jurisdiction of the department of natural resources, moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking, and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to these state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures from the appropriation under s. 20.370 (7) (mc) under this subsection. The department of natural resources shall rank projects eligible for assistance funding from the appropriation under s. 20.370 (7) (mc) under a priority system and funding may be restricted to those projects with highest priority. Outside the boundaries of the forests under the jurisdiction of the department of agriculture, trade and consumer protection, moneys from the appropriation under s. 20.115 (5) (b) may be expended for the renovation, marking, and maintenance of roads that the department of agriculture, trade and consumer protection certifies are utilized by a substantial number of visitors to these forests. The department of agriculture, trade and consumer protection shall authorize expenditures from the appropriation under s. 20.115 (5) (b) under this subsection. The department of agriculture, trade and consumer protection shall rank projects eligible for funding from the appropriation under s. 20.115 (5) (b) under a priority system and funding may be restricted to those projects with the highest priority.

AB926, s. 800 Section 800. 84.28 (2) of the statutes is amended to read:

AB926,191,10 84.28 (2) The department may administer a program for the construction, maintenance and marking of roads, including fire roads, service areas, trailer or vehicle parking stalls or parking areas and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources or the department of agriculture, trade and consumer protection, and other public lands as defined in ch. 24, for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department of transportation, upon the request for such work filed by the department of natural resources as having jurisdiction with respect to the lower Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources, the department of agriculture, trade and consumer protection, commissioners of public lands or town board, as appropriate.

AB926, s. 801 Section 801. 85.19 (1) of the statutes is amended to read:

AB926,191,16 85.19 (1) Standards. The department, in consultation with the department of natural resources environmental quality, shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the standards shall require the use of best management practices.

AB926, s. 802 Section 802. 85.19 (2) (c) of the statutes is amended to read:

AB926,191,19 85.19 (2) (c) The department shall establish the training program in consultation with the department of natural resources environmental quality.

AB926, s. 803 Section 803. 85.245 (1) of the statutes is renumbered 85.245.

AB926, s. 804 Section 804. 85.245 (2) of the statutes is repealed.

AB926, s. 805 Section 805. 86.255 (2) (a) of the statutes is amended to read:

AB926,191,25 86.255 (2) (a) The purchase of any land that is acquired as compensatory mitigation for another wetland, as defined in s. 23.32 278.32 (1), that will suffer an adverse impact by degradation or destruction as part of a highway project.

AB926, s. 806 Section 806. 86.315 (1) of the statutes is amended to read:

AB926,192,11 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 agriculture, trade and consumer protection. 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.

AB926, s. 807 Section 807. 87.01 (1) of the statutes is amended to read:

AB926,192,14 87.01 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 808 Section 808. 87.02 (intro.) of the statutes is amended to read:

AB926,192,17 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:

AB926, s. 809 Section 809. 87.14 of the statutes is amended to read:

AB926,193,15 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.

AB926, s. 810 Section 810. 87.18 of the statutes is amended to read:

AB926,194,17 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.

AB926, s. 811 Section 811. 88.05 (4) (a) of the statutes is amended to read:

AB926,194,24 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 quality; the state drainage engineer; and, where a railroad company is involved, the person specified in sub. (6).

AB926, s. 812 Section 812. 88.11 (1) (e) of the statutes is amended to read:

AB926,195,2 88.11 (1) (e) Coordinate district activities with the department of natural resources environmental quality.

AB926, s. 813 Section 813. 88.11 (1) (i) of the statutes is amended to read:

AB926,195,8 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 quality under s. 88.31.

AB926, s. 814 Section 814. 88.11 (2) of the statutes is amended to read:

AB926,195,12 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 quality, drainage board, landowners in the district or the judge.

AB926, s. 815 Section 815. 88.31 (1) of the statutes is amended to read:

AB926,195,25 88.31 (1) If it is necessary to enter upon any waters that may be navigable, or to acquire and remove any dam or obstruction from the waters, or to clean out, widen, deepen or straighten any stream that may be navigable, the board shall file with the department of natural resources environmental quality an application for a permit to do the work. The board shall file with the application any information that the board or the department of natural resources environmental quality considers necessary. The department shall specify by rule the information to be included in an application. The application shall state that the public health or welfare will be promoted by the removal of the dam or other obstruction or by the straightening, cleaning out, deepening or widening of the waters and that other public rights in and public uses of the waters will not be materially impaired. The application shall be duly verified.

AB926, s. 816 Section 816. 88.31 (2) of the statutes is amended to read:

AB926,196,8 88.31 (2) Upon receipt of the application the department of natural resources environmental quality shall fix a time and place for a hearing on the application, not less than 3 nor more than 8 weeks from the date of filing, at a place convenient to the interested parties. If the application is for a permit to remove a dam, notice of the hearing shall be given to all interested persons as provided by s. 31.06. In all other cases, the department shall direct the applicant to give notice under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b).

AB926, s. 817 Section 817. 88.31 (4) (intro.) of the statutes is amended to read:

AB926,196,12 88.31 (4) (intro.) Upon the conclusion of the hearing and investigation, the department of natural resources environmental quality shall grant the permit if it finds:

AB926, s. 818 Section 818. 88.31 (4m) of the statutes is amended to read:

AB926,196,16 88.31 (4m) The department of natural resources environmental quality shall grant or deny the permit within 6 weeks after the conclusion of the hearing on the application.

AB926, s. 819 Section 819. 88.31 (5) of the statutes is amended to read:

AB926,196,20 88.31 (5) When granting a permit under this section the department of natural resources environmental quality also shall establish the minimum level at which the affected waters may be maintained.

AB926, s. 820 Section 820. 88.31 (6) of the statutes is amended to read:

AB926,197,3 88.31 (6) The department of natural resources environmental quality may require the applicant for the permit to submit a plan for the work to be done in the waters in question and may amend or modify such plan before approving it. The department may at any time, on the application of any interested person, further amend such plan when the same can be done without materially impairing the navigability of any such waters and without materially impairing any other public right.

AB926, s. 821 Section 821. 88.62 (3) of the statutes is amended to read:

AB926,197,8 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 quality, except as provided in par. (b).

AB926,197,12 (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 quality.

AB926, s. 822 Section 822. 88.72 (4) of the statutes is amended to read:

AB926,197,20 88.72 (4) Within 30 days after the department of natural resources environmental quality 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.

AB926, s. 823 Section 823. 91.46 (1) (i) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB926,197,24 91.46 (1) (i) Oil and gas exploration or production that is licensed by the department of natural resources environmental quality under subch. II of ch. 295.

AB926, s. 824 Section 824. 92.04 (2) (e) of the statutes is amended to read:

AB926,198,4 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 quality.

AB926, s. 825 Section 825. 92.05 (1) of the statutes is amended to read:

AB926,198,14 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 quality or by other state or federal agencies.

AB926, s. 826 Section 826. 92.10 (6) (a) 1. of the statutes is amended to read:

AB926,198,18 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 quality.

AB926, s. 827 Section 827. 92.10 (8) of the statutes is amended to read:

AB926,198,25 92.10 (8) Duties of the department of natural resources environmental quality. The department of natural resources environmental quality 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.

AB926, s. 828 Section 828. 92.14 (2) (j) of the statutes is amended to read:

AB926,199,5 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 quality, including providing a single process for grant application, funding allocation, reporting and evaluation.

AB926, s. 829 Section 829. 92.14 (6) (b) of the statutes is amended to read:

AB926,199,14 92.14 (6) (b) The department and the department of natural resources environmental quality 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.

AB926, s. 830 Section 830. 92.14 (6) (d) of the statutes is amended to read:

AB926,199,19 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 quality on approval, modification or disapproval of the plan.

AB926, s. 831 Section 831. 92.14 (6) (h) 3. of the statutes is amended to read:

AB926,199,22 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the department of natural resources environmental quality to act under ch. 283.

AB926, s. 832 Section 832. 92.14 (6) (m) of the statutes is amended to read:

AB926,200,3 92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources environmental quality shall assist counties in conducting the activities for which grants under sub. (3) may be used.

AB926, s. 833 Section 833. 92.14 (8) of the statutes is amended to read: