Amendment ASA1-AB64

AB64-ASA1,714,6 94.64 (5) (a) Requirement. (intro.) A person who is required to pay fees or surcharges under sub. (4) shall do all of the following by August 14 annually, on or before the date the license expires:

AB64-ASA1,1250 Section 1250 . 94.64 (5) (b) of the statutes is amended to read:

AB64-ASA1,714,10 94.64 (5) (b) Extended deadline. The department may extend the filing deadline under par. (a) for up to 30 days for cause, in response to a request filed before August 14 the filing deadline.

AB64-ASA1,1251 Section 1251 . 94.65 (2) (a) of the statutes is amended to read:

AB64-ASA1,714,17 94.65 (2) (a) Except as provided under par. (b), no person may manufacture or distribute a soil or plant additive in this state unless the person first obtains an annual license from the department. Application for a license or for renewal of a license shall be made on forms provided by the department and shall be accompanied by an annual license fee of $25. All licenses expire on March 31. A license expires on September 30 annually.

AB64-ASA1,1252 Section 1252 . 94.65 (6) (a) (intro.) of the statutes is amended to read:

AB64-ASA1,714,20 94.65 (6) (a) (intro.) Each person holding a permit for the distribution of a soil or plant additive under sub. (3) shall do all of the following:

AB64-ASA1,1253 Section 1253 . 94.65 (6) (a) 1. of the statutes is amended to read:

AB64-ASA1,715,2 94.65 (6) (a) 1. Annually by March 31, on or before the date the person's permit expires, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year the 12 months ending on the preceding June 30 by that person, or by any other person authorized under sub. (3) (a) 2. to distribute under the name of that person and pay to the department a fee of 25 cents per ton so distributed. The minimum total fee is $25.

AB64-ASA1,1254 Section 1254 . 94.65 (6) (a) 3. of the statutes is amended to read:

AB64-ASA1,715,8 94.65 (6) (a) 3. Annually by March 31, on or before the date the permit expires, pay to the department a research fee of 10 cents for each ton of soil or plant additive distributed as described in the tonnage report filed under subd. 1. The minimum research fee is $1 for 10 tons or less. The department shall credit this fee to the appropriation account under s. 20.115 (7) (h).

AB64-ASA1,1255 Section 1255 . 94.65 (6) (a) 4. of the statutes is amended to read:

AB64-ASA1,715,14 94.65 (6) (a) 4. Annually by March 31, on or before the date the permit expires, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for environmental management.

AB64-ASA1,1256 Section 1256 . 94.65 (6) (a) 5. of the statutes is created to read:

AB64-ASA1,715,17 94.65 (6) (a) 5. Annually, on or before the date the permit expires, notify the department that the person intends to maintain, amend, or discontinue the permit.

AB64-ASA1,1257 Section 1257 . 94.65 (6) (b) of the statutes is amended to read:

AB64-ASA1,716,2 94.65 (6) (b) If by March 31 the date the permit expires a person holding a permit under sub. (3) has failed to file a tonnage report or to pay the inspection fee required under par. (a), the department may summarily suspend or revoke the permit or license issued under this section. A penalty of 10 percent of the inspection fee due shall be assessed against the permit holder for all inspection fees not paid when due. The minimum total penalty is $10. An unpaid inspection fee or penalty shall constitute a debt owed the department by the permit holder until paid. The department may not issue or renew a license or issue a permit or amended permit to a person owing an unpaid inspection fee or penalty.

AB64-ASA1,1258 Section 1258 . 94.68 (2) (a) (intro.) of the statutes is renumbered 94.68 (2) (intro.).

AB64-ASA1,1259 Section 1259 . 94.68 (2) (a) 1. of the statutes is renumbered 94.68 (2) (am).

AB64-ASA1,1260 Section 1260 . 94.68 (2) (a) 2. of the statutes is renumbered 94.68 (2) (bm) and amended to read:

AB64-ASA1,716,11 94.68 (2) (bm) A report identifying each pesticide that the applicant sells or distributes for use in this state and the gross revenue that the applicant derived from the sale or distribution of each pesticide during the preceding year, as defined in s. 94.681 (1) (d).

AB64-ASA1,1261 Section 1261 . 94.68 (2) (b) of the statutes is repealed.

AB64-ASA1,1262 Section 1262 . 94.68 (3) of the statutes is amended to read:

AB64-ASA1,716,20 94.68 (3) At least 15 days before a person holding a license under this section begins to sell or distribute for use in this state a pesticide product that was not identified in the person's most recent annual license application, the person shall file a supplementary report with the information required under sub. (2) (a) 2. (bm) and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information obtained under this subsection submitted under s. 94.68 (2) (a) 2., 2015 stats.

AB64-ASA1,1263 Section 1263 . 94.681 (1) (cm) of the statutes is repealed.

AB64-ASA1,1264 Section 1264 . 94.681 (1) (d) of the statutes is repealed.

AB64-ASA1,1265 Section 1265 . 94.681 (2) (intro.) of the statutes is renumbered 94.681 (2) and amended to read:

AB64-ASA1,717,8 94.681 (2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state. The during the license year. Except as provided in sub. (5) or (6), the amount of the fee is based on sales of pesticide products during the payment period. An applicant shall pay an estimated fee before the start of each license year as provided in sub. (3s) (a) and shall make a fee adjustment payment before the end of the license year if required under sub. (3s) (b). Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows: $500.

AB64-ASA1,1266 Section 1266 . 94.681 (2) (a) of the statutes is repealed.

AB64-ASA1,1267 Section 1267 . 94.681 (2) (b) of the statutes is repealed.

AB64-ASA1,1268 Section 1268 . 94.681 (2) (c) of the statutes is repealed.

AB64-ASA1,1269 Section 1269 . 94.681 (3) (intro.) of the statutes is renumbered 94.681 (3) and amended to read:

AB64-ASA1,717,22 94.681 (3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. The amount of the surcharge is based on sales of nonhousehold pesticide products during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b) during the license year. Except as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as follows: $30.

AB64-ASA1,1270 Section 1270 . 94.681 (3) (a) of the statutes is repealed.

AB64-ASA1,1271 Section 1271 . 94.681 (3) (b) of the statutes is repealed.

AB64-ASA1,1272 Section 1272 . 94.681 (3) (c) of the statutes is repealed.

AB64-ASA1,1273 Section 1273. 94.681 (3m) of the statutes is repealed.

AB64-ASA1,1274 Section 1274 . 94.681 (3s) (a) of the statutes is renumbered 94.681 (3s) and amended to read:

AB64-ASA1,718,14 94.681 (3s) Payment of fees and surcharges. Before the start of a license year, and at least 15 days before beginning to sell a new pesticide product in this state, an applicant or licensee shall estimate the gross revenues that the applicant will receive from sales of each pesticide product during the payment period that ends during the year for which a license is sought under s. 94.68 and shall pay the amounts under subs. (2), (3), and (3m) based on that estimate. At least 15 days before beginning to sell a new pesticide product in this state, a licensee shall estimate the gross revenues that the applicant will receive from sales of that pesticide product during the payment period in which the licensee begins to sell the pesticide product and shall pay the amounts under subs. (2), (3), and (3m) based on that estimate pay the amounts due under subs. (2) and (3).

AB64-ASA1,1275 Section 1275 . 94.681 (3s) (b) of the statutes is repealed.

AB64-ASA1,1276 Section 1276 . 94.681 (3s) (c) of the statutes is repealed.

AB64-ASA1,1277 Section 1277 . 94.681 (5) of the statutes is amended to read:

AB64-ASA1,718,23 94.681 (5) Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (a) 2. (bm) or (3), the license fee for that product is twice the amount determined under sub. (2), except that, if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.

AB64-ASA1,1278 Section 1278 . 94.681 (6) (a) (intro.) of the statutes is renumbered 94.681 (6) (intro.).

AB64-ASA1,1279 Section 1279. 94.681 (6) (a) 1. of the statutes is renumbered 94.681 (6) (am).

AB64-ASA1,1280 Section 1280 . 94.681 (6) (a) 2. of the statutes is repealed.

AB64-ASA1,1281 Section 1281 . 94.681 (6) (a) 3. of the statutes is renumbered 94.681 (6) (bm) and amended to read:

AB64-ASA1,719,8 94.681 (6) (bm) By March December 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product, calculated under sub. (2) based on the sales of the pesticide product during the period specified in subd. 2.

AB64-ASA1,1282 Section 1282 . 94.681 (6) (a) 4. of the statutes is renumbered 94.681 (6) (c) and amended to read:

AB64-ASA1,719,13 94.681 (6) (c) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under sub. (3) based on sales of the product during the period specified in subd. 2. of $30.

AB64-ASA1,1283 Section 1283 . 94.681 (6) (a) 5. of the statutes is repealed.

AB64-ASA1,1284 Section 1284 . 94.681 (6) (b) of the statutes is repealed.

AB64-ASA1,1285 Section 1285 . 94.681 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 94.681 (7) (a) and amended to read:

AB64-ASA1,719,22 94.681 (7) (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (a) 3. (bm) in the agrichemical management fund, except as follows: 1. The that the department shall deposit an amount equal to $94 $108 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB64-ASA1,1286 Section 1286 . 94.681 (7) (a) 2. of the statutes is repealed.

AB64-ASA1,1287 Section 1287 . 94.681 (7) (b) of the statutes is amended to read:

AB64-ASA1,720,3 94.681 (7) (b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (a) 4. (c) in the agricultural chemical cleanup fund.

AB64-ASA1,1288 Section 1288 . 94.681 (7) (bm) of the statutes is repealed.

AB64-ASA1,1289 Section 1289 . 94.685 (3) (a) 2. of the statutes is amended to read:

AB64-ASA1,720,8 94.685 (3) (a) 2. An agricultural chemical cleanup surcharge of $22.40, unless the department establishes a different surcharge under $20, except as provided in s. 94.73 (15).

AB64-ASA1,1290 Section 1290 . 94.703 (3) (a) 2. of the statutes is amended to read:

AB64-ASA1,720,12 94.703 (3) (a) 2. An agricultural chemical cleanup surcharge of $30.40, unless the department establishes a different surcharge under $20, except as provided in subd. 3. or s. 94.73 (15).

AB64-ASA1,1291 Section 1291 . 94.703 (3) (a) 3. of the statutes is created to read:

AB64-ASA1,720,16 94.703 (3) (a) 3. If the applicant manufactures or distributes bulk pesticides in this state, an additional agricultural chemical cleanup surcharge of $25, except as provided in s. 94.73 (15).

AB64-ASA1,1292 Section 1292 . 94.704 (3) (a) 2. of the statutes is amended to read:

AB64-ASA1,720,20 94.704 (3) (a) 2. An agricultural chemical cleanup surcharge of $11.20, unless the department establishes a different surcharge under $10, except as provided in s. 94.73 (15).

AB64-ASA1,1293 Section 1293 . 94.72 (6) (a) 1. of the statutes is repealed.

AB64-ASA1,1294 Section 1294 . 94.72 (6) (a) 2. of the statutes is amended to read:

AB64-ASA1,721,2 94.72 (6) (a) 2. For commercial feeds distributed in this state on or after January 1, 2002, a A feed inspection fee of 23 cents per ton, except that if the person distributes less than 200 tons of commercial feed in a year, the feed inspection fee is $46.

AB64-ASA1,1295 Section 1295 . 94.72 (6) (a) 3. of the statutes is amended to read:

AB64-ASA1,721,7 94.72 (6) (a) 3. Beginning on October 29, 1999, for commercial feeds distributed in this state a A weights and measures inspection fee of 2 cents per ton, except that if the person distributes less than 200 tons of commercial feed in a year, the weights and measures inspection fee is $4.

AB64-ASA1,1296 Section 1296 . 94.72 (6) (b) of the statutes is amended to read:

AB64-ASA1,721,18 94.72 (6) (b) Responsibility. Except as provided in par. (d), if more than one manufacturer or distributor is involved in the chain of distribution, the one who first sells or distributes commercial feed in this state or to a person in this state for further sale is responsible for the payment of inspection fees for the feed. No inspection fees are required for commercial feeds sold under the name and label of another licensee if the inspection fees have been or will be paid by a previous manufacturer or distributor in the chain of distribution as evidenced by an invoice or sales receipt. No inspection fees are required for commercial feeds on which the inspection fees have been or will be paid by a previous manufacturer or distributor in the chain of distribution as evidenced by an invoice or sales receipt.

AB64-ASA1,1297 Section 1297 . 94.72 (6) (c) of the statutes is repealed.

AB64-ASA1,1298 Section 1298 . 94.72 (6) (f) of the statutes is repealed.

AB64-ASA1,1299 Section 1299 . 94.72 (6) (g) of the statutes is repealed.

AB64-ASA1,1300 Section 1300 . 94.72 (6) (h) of the statutes is repealed.

AB64-ASA1,1301 Section 1301 . 94.73 (3m) (w) of the statutes is repealed.

AB64-ASA1,1302 Section 1302 . 94.73 (6) (b) of the statutes is amended to read:

AB64-ASA1,722,5 94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall reimburse a responsible person an amount equal to 75 percent of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $3,000 and less than $650,000 for costs incurred on or after July 1, 2017.

AB64-ASA1,1303 Section 1303 . 94.73 (6) (c) (intro.) of the statutes is amended to read:

AB64-ASA1,722,12 94.73 (6) (c) (intro.) Except as provided in par. (e), the department shall reimburse a responsible person an amount equal to 75 percent of the corrective action costs incurred for each discharge site that are greater than $7,500 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $7,500 and less than $650,000 for costs incurred on or after July 1, 2017, if any of the following applies:

AB64-ASA1,1304 Section 1304 . 94.73 (15) of the statutes is repealed and recreated to read:

AB64-ASA1,722,15 94.73 (15) Surcharge adjustments. (a) On May 1 annually, the department shall determine the amount available in the agricultural chemical cleanup fund.

AB64-ASA1,722,17 (b) If the amount determined under par. (a) is more than $1,500,000, the surcharges for the subsequent year shall be as follows:

AB64-ASA1,722,18 1. Under s. 94.64 (3r) (b) 1. and 2., $0.

AB64-ASA1,722,19 2. Under s. 94.64 (3r) (b) 3., $0.

AB64-ASA1,722,20 3. Under s. 94.64 (4) (a) 5., $0.

AB64-ASA1,722,21 4. Under s. 94.681 (3), $0.