AB68: Bill Text

AB68,1797,2 (1) Emergency rule-making authority; Great Lakes erosion control program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.199 for the period before the date on which permanent rules under s. 23.199 take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 25th month beginning after the effective date of the emergency rules, the date on which the permanent rules take effect, or the effective date of the repeal of the emergency rules, whichever is earlier. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as emergency rules is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68,1797,6 (2) Transfer of land recycling loan program balance. All moneys appropriated for the land recycling loan program under s. 281.60, 2019 stats., that are unallocated on the effective date of this subsection shall be transferred to the environmental improvement fund for the clean water fund program under s. 281.58.

AB68,1797,17 (3) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.66. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,1797,19 (4) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

AB68,1797,25 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing acceptable levels and standards, performance standards, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment in the following:

AB68,1798,1 1. Drinking water under s. 281.17 (8).

AB68,1798,2 2. Groundwater under ss. 160.07 (5) and 160.15.

AB68,1798,4 3. Surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16.

AB68,1798,6 4. Air under s. 285.27 (2) (bm), if the standards are needed to provide adequate protection for public health or welfare.

AB68,1798,7 5. Solid waste and solid waste facilities under chs. 289 and 291.

AB68,1798,8 6. Beds of navigable waters under s. 30.20.

AB68,1798,9 7. Soil and sediment under chs. 289 and 292.

AB68,1798,11 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to do all of the following:

AB68,1798,15 1. Add any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4).

AB68,1798,19 2. Add to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances for which the department determines that the listing is necessary to protect public health, safety, or welfare.

AB68,1798,21 3. Administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

AB68,1799,2 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

AB68,1799,9 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2022, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68,1799,16 (5) Water quality standards for PFAS. The department of natural resources shall promulgate, under s. 281.15, water quality standards for perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health and necessary to protect a water's designated use.

AB68,1799,22 (6) List of groundwater contaminants. The department of natural resources shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl and polyfluoroalkyl substance or group or class of such substances that is shown to involve public health concerns and that has a reasonable probability of entering the groundwater and shall categorize and rank those substances according to the provisions of s. 160.05.

AB68,1799,23 (7) Testing laboratories; emergency rules.

AB68,1800,9 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing criteria for certifying laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods for such testing, and shall certify laboratories that meet these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2022, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68,1800,12 (b) Before emergency rules are promulgated under par. (a), the department of natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl substance to be done according to any nationally recognized procedures.

AB68,1800,17 (8) Municipal flood control aid. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 281.665, from the appropriation under s. 20.370 (6) (dq), the department of natural resources shall award $1,000,000 in fiscal year 2021-22 and $1,000,000 in fiscal year 2022-23 for the preparation of flood insurance studies and other flood mapping projects.

AB68,1801,4 (9) Emergency rules for fire fighting foam. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the collection and disposal of fire fighting foams that contain perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,9133 Section 9133. Nonstatutory provisions; Public Defender Board.

AB68,1801,13 (1) Assistant state public defender merit-based pay raises. Notwithstanding s. 230.12 (11) (c), from the appropriation under s. 20.550 (1) (a), the public defender board may provide merit-based pay raises under the assistant state public defender pay progression plan under s. 230.12 (11) to increase the base pay of assistant public defenders who were employed by the public defender board before July 1, 2021, in fiscal year 2022. Notwithstanding s. 230.12 (11) (c), a salary adjustment for an assistant state public defender under this subsection may exceed 10 percent of his or her base pay during a fiscal year.

AB68,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB68,1801,18 (1) Special adjustment aid in the 2021-22 school year. Notwithstanding s. 121.105 (2), in the 2021-22 and 2022-23 school years, the department of public instruction shall calculate the aid adjustment under s. 121.105 using 90 percent instead of 85 percent in s. 121.105 (2) (am) 1. and 2.

AB68,1802,2 (2) Per pupil aid; additional aid for economically disadvantaged pupils. Notwithstanding s. 115.437 (2) (a) 2., in the 2021-22 and 2022-23 school years, for purposes of the calculation under s. 115.437 (2) (a) 2., the department of public instruction shall multiply the number of pupils enrolled in a school district by the school district's rate of economically disadvantaged pupils, as defined in s. 115.437 (1) (d), in the 2019-20 school year instead of by the school district's rate of economically disadvantaged pupils, as defined in s. 115.437 (1) (d), in the previous school year.

AB68,1802,8 (3) Parental choice programs; transferring applicants between programs; rule-making. The department of public instruction may promulgate emergency rules under s. 227.24 to implement the pupil counting exceptions specified under ss. 118.60 (11) (e) and 119.23 (11) (e). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this section remain in effect until July 1, 2024, or the date on which permanent rules take effect, whichever is sooner.

AB68,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB68,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

AB68,9137 Section 9137. Nonstatutory provisions; Revenue.

AB68,1802,17 (1) Community health centers. Notwithstanding s. 70.11 (intro.), an owner of property that is exempt from taxation under s. 70.11 (4) (a) 1m. may claim the exemption for the assessment as of January 1, 2020, if the property owner files the form described under s. 70.11 (intro.) with the assessor of the taxation district no later than 30 days after the effective date of this subsection.

AB68,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB68,1802,20 (1) Dental therapist licensure.

AB68,1802,24 (a) When the first individual becomes licensed as a dental therapist in this state under s. 447.04 (1m), the dentistry examining board shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register.

AB68,1802,25 (b)

AB68,1803,9 1. The dentistry examining board shall promulgate emergency rules under s. 227.24 that are necessary to implement the licensure of dental therapists under this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subdivision remain in effect for 2 years, or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.

AB68,1803,16 2. The dentistry examining board shall present a statement of scope for permanent and emergency rules required to implement the licensure of dental therapists under this act to the department of administration under s. 227.135 (2) no later than the 30th day after the effective date of this subdivision. Notwithstanding s. 227.135 (2), if the governor does not disapprove the statement of scope by the 30th day after the statement is presented to the department of administration, the statement is considered to be approved by the governor.

AB68,1803,23 3. The dentistry examining board shall submit a proposed emergency rule required to implement the licensure of dental therapists under this act to the governor for approval under s. 227.24 (1) (e) 1g. no later than the 150th day after the effective date of this subdivision. Notwithstanding s. 227.24 (1) (e) 1g., if the governor does not reject the proposed emergency rule by the 14th day after the rule is submitted to the governor in final draft form, the rule is considered to be approved by the governor.

AB68,1804,4 4. The dentistry examining board shall submit a proposed permanent rule required to implement the licensure of dental therapists under this act to the governor for approval under s. 227.185 no later than the 365th day after the effective date of this subdivision. Notwithstanding s. 227.185, if the governor does not reject that proposed permanent rule by the 30th day after the rule is submitted to the governor in final draft form, the rule is considered to be approved by the governor.

AB68,1804,13 (2) Pharmacists; opioid antagonists. Using the procedure under s. 227.24, the pharmacy examining board may promulgate rules required under s. 450.02 (2c). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until May 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68,9139 Section 9139. Nonstatutory provisions; Secretary of State.

AB68,9140 Section 9140. Nonstatutory provisions; State Fair Park Board.

AB68,9141 Section 9141. Nonstatutory provisions; Supreme Court.

AB68,9142 Section 9142. Nonstatutory provisions; Technical College System.

AB68,1804,21 (1) Voter identification. No later than August 1, 2021, each technical college in this state that is is a member of and governed by the technical college system under ch. 38 shall issue student identification cards that qualify as identification under s. 5.02 (6m) (f).

AB68,9143 Section 9143. Nonstatutory provisions; Tourism.

AB68,1805,5 (1) Transfer of American Indian tourism marketing contract. The contract between the department of tourism and the Great Lakes inter-tribal council in effect on the effective date of this subsection that is primarily related to the promotion of tourism featuring American Indian heritage and culture, as determined by the secretary of administration, is transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB68,1805,6 (2) Creative economy development initiative grants.

AB68,1805,8 (a) In this subsection, “creative industry" means any of the following whose products or services have an origin in artistic, cultural, creative, or aesthetic content:

AB68,1805,9 1. An organization or business, whether operated for profit or not for profit.

AB68,1805,10 2. An individual.

AB68,1805,17 (b) In the 2021-23 fiscal biennium, from the appropriation under s. 20.380 (3) (b), the arts board shall award creative economy development initiative grants on a competitive basis to businesses, whether operated for profit or not for profit, municipal and county governmental agencies, and business development organizations or associations that work to promote creative industries, job creation, arts education, workforce training and development, or economic development in this state. A grant awarded under this subsection may not exceed $40,000.

AB68,1805,21 (c) The arts board may not award a grant under par. (b) unless the business, governmental agency, or business development organization or association has secured from nonstate sources an amount equal to at least twice the amount of the proposed grant.

AB68,1805,23 (d) The arts board may not award more than $500,000 in grants under this subsection.

AB68,1806,3 (e) The arts board shall develop a matrix to evaluate the effectiveness of creative economy development initiative grants awarded under this subsection and shall submit a report on the effectiveness of the creative economy development initiative grants, as determined using the matrix developed under this paragraph, to the joint committee on finance no later than May 1, 2023.

AB68,9144 Section 9144. Nonstatutory provisions; Transportation.

AB68,1806,9 (1) Ray Nitschke Memorial Bridge. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 84.18, in the 2021-22 fiscal year, from the appropriation under s. 20.395 (2) (eq), the department of transportation shall set aside $1,200,000 for repairs to the Ray Nitschke Memorial Bridge in Brown County.

AB68,1806,16 (2) Town of Milton project. Notwithstanding limitations on the amount and use of aids provided under s. 86.31 or on eligibility requirements for receiving aids provided under s. 86.31, in the 2021-23 fiscal biennium, from the appropriation under s. 20.395 (2) (ft), the department of transportation shall award a grant under s. 86.31 (3m) to the town of Milton in Rock County for the Clear Lake Road project. The amount of the grant awarded under this subsection shall be $75,000 or the total cost of the project, whichever is less.

AB68,1806,20 (3) Interchange of i 94 and moorland road. In the 2021-23 fiscal biennium, from the appropriation under s. 20.395 (3) (cq), the department of transportation shall allocate $1,750,000 for the construction of geometric improvements to improve the safety of the interchange of I 94 and Moorland Road in Waukesha County.

AB68,9145 Section 9145. Nonstatutory provisions; Treasurer.

AB68,9146 Section 9146. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority; Medical College of Wisconsin.

AB68,9147 Section 9147. Nonstatutory provisions; University of Wisconsin System.

AB68,1807,3 (1) Voter identification. No later than August 1, 2021, each University of Wisconsin System institution shall issue student identification cards that qualify as identification under s. 5.02 (6m) (f).

AB68,1807,5 (2) Funding for the University of Wisconsin Missing-in-Action Recovery and Identification Project.

AB68,1807,6 (a) In this subsection:

AB68,1807,7 1. “Board” means the Board of Regents of the University of Wisconsin System.

AB68,1807,9 2. “MIA Recovery Project” means the University of Wisconsin Missing-in-Action Recovery and Identification Project.

AB68,1807,12 (b) From the appropriation under s. 20.285 (1) (bt), the board shall provide funding for the MIA Recovery Project to perform a mission for the recovery and identification of Wisconsin veterans who are missing in action.

AB68,1807,18 (c) The MIA Recovery Project, acting through its representative, shall submit at the conclusion of the mission for which the funds were expended, to the board, the joint committee on finance, the standing committees of each house of the legislature dealing with veterans matters, the governor, the department of veterans affairs, and the department of military affairs, a report on the mission's findings and an accounting of expenditures for the mission.

AB68,1807,22 (3) Extension services provided by state specialists. The Board of Regents of the University of Wisconsin System shall revise the plan under s. 36.115 (8) (a), if necessary to comply with s. 36.115 (8) (c), no later than the first day of the 4th month beginning after the effective date of this subsection.

AB68,1808,3 (4) Resident undergraduate tuition. Notwithstanding s. 36.27 (1) (a), the Board of Regents of the University of Wisconsin System may not charge resident undergraduates enrolled in an institution, as defined in s. 36.05 (9), or college campus, as defined in s. 36.05 (6m), in the 2021-22 or 2022-23 academic year more in academic fees than it charged resident undergraduates enrolled in that institution or college campus in the 2020-21 academic year.

AB68,1808,11 (5) Juneteenth holiday. The administrator of the division of personnel management in the department of administration shall include June 19 as a paid holiday in the proposal for adjusting compensation and employee benefits for University of Wisconsin System employees for the 2021-22 and 2022-23 fiscal years that it submits to the joint committee on employee relations under s. 230.12 (3) (e) 1. The recommendation shall specify that the first June 19 paid holiday is the June 19 that occurs after the 2021-23 compensation plan is adopted by the joint committee on employee relations.

AB68,1808,16 (6) Site preparation for monument at UW–Stevens Point. From the appropriation under s. 20.285 (1) (a), the Board of Regents of the University of Wisconsin System shall pay for the costs of site preparation at the University of Wisconsin–Stevens Point for installation of the permanent marker under s. 41.53 (1) (k).

AB68,1808,22 (7) Paid parental leave. The Board of Regents of the University of Wisconsin System shall submit to the administrator of the division of personnel management in the department of administration, with its recommendations for adjustments to compensation and employee benefits for employees of the system under s. 230.12 (3) (e) 1. for 2021-23, a plan for a program to provide paid parental leave to employees of the system.

AB68,1808,23 (8) Agriculture positions; report.

AB68,1808,24 (a) In this subsection:

AB68,1808,25 1. “Board” means the Board of Regents of the University of Wisconsin System.

AB68,1809,1 2. “Chancellor” means the chancellor of the University of Wisconsin-Madison.

AB68,1809,7 (b) From the appropriation under s. 20.285 (1) (a), the board shall provide funding for 20.0 full-time equivalent agriculture-focused positions at the University of Wisconsin-Madison, comprised of 15.0 full-time equivalent county-based agriculture agent positions, 3.0 full-time equivalent research positions focusing on applied agriculture research, and 2.0 full-time equivalent research positions focusing on agriculture and climate change.

AB68,1809,8 (c) The positions specified in par. (b) are subject to all of the following:

AB68,1809,10 1. The positions shall be filled using existing authorized full-time equivalent positions, funded from s. 20.285 (1) (a), that are currently vacant.

AB68,1809,13 2. The positions shall be filled in a manner that reflects an increase in the total number of agricultural agent positions and agriculture-related research positions at the University of Wisconsin-Madison.

AB68,1809,15 (d) The chancellor may not abolish under s. 16.505 (2p) the positions specified in par. (b).

AB68,1809,18 (e) No later than January 1, 2023, the University of Wisconsin-Madison shall submit a report to the governor and the joint committee on finance containing all of the following information:

AB68,1809,19 1. The date of hire of each person hired for a position specified in par. (b ).