Wisconsin Legislature: 16,2393

16,2348m Section 2348m. 86.31 (3s) of the statutes is created to read:

86.31 (3s) West Canal Street reconstruction. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city of Milwaukee for the purpose specified under s. 84.03 (3) (a). Notwithstanding subs. (3) (b), (3g), (3m), and (3r), payment of the grant under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under subs. (3) (b), (3g), (3m), and (3r), and the allocation of funds under subs. (3) (b), (3g), (3m), and (3r) shall be reduced proportionately to reflect the amount of the grant made under this subsection. This subsection does not apply after December 31, 2005.

16,2349m Section 2349m. 86.315 (1) of the statutes is amended to read:

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 forestry. 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.

16,2351h Section 2351h. 88.15 (2m) of the statutes is created to read:

88.15 (2m) The department of agriculture, trade and consumer protection shall create and maintain a secure Internet site on which drainage districts may post engineering projects in order to obtain bids electronically for engineering services. The department shall promulgate rules that specify fees designed to cover the costs of creating and maintaining the Internet site.

16,2380g Section 2380g. 92.14 (5g) of the statutes is renumbered 92.14 (5g) (a) and amended to read:

92.14 (5g) (a) If Except as provided in par. (b), if a grant under sub. (3) provides funding for salary and fringe benefits for more than one county staff person, a county shall provide matching funds, as determined by the department by rule, equal to 30% of the cost of salary and fringe benefits for the 2nd staff person and 50% of the cost of salary and fringe benefits for any additional staff persons for whom the grant provides funding.

16,2380i Section 2380i. 92.14 (5g) (b) of the statutes is created to read:

92.14 (5g) (b) For a grant awarded for a year before 2010, the department shall require a county to provide matching funds for priority watershed project staff equal to not less than 10% nor more than 30% of the staff funding that was provided to the county for 1997 for a priority watershed that was designated before July 1, 1998. This paragraph does not apply to matching funds for priority watershed project staff after the termination date that was in effect on October 6, 1998, for the priority watershed project.

16,2382 Section 2382. 93.06 (8) of the statutes is amended to read:

93.06 (8) Prescribe conditions of licenses. Except as provided in s. 93.135, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127 126, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.

16,2383 Section 2383. 93.06 (12) of the statutes is created to read:

93.06 (12) Federal Agricultural policy reform. Provide at least $50,000 in each fiscal year to organizations to seek the reform of federal agricultural policy for the benefit of agricultural producers in this state. This subsection does not apply after June 30, 2005.

16,2385 Section 2385. 93.135 (1) (rm) of the statutes is amended to read:

93.135 (1) (rm) A registration certificate license under s. 100.03 (2) 126.56.

16,2386 Section 2386. 93.135 (1) (s) of the statutes is amended to read:

93.135 (1) (s) A license under s. 127.02 (1) 126.26.

16,2387 Section 2387. 93.135 (1) (sm) of the statutes is amended to read:

93.135 (1) (sm) A license under s. 127.03 (1) 126.11.

16,2388 Section 2388. 93.20 (1) of the statutes is amended to read:

93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127 126.

16,2389 Section 2389. 93.21 (5) (a) of the statutes is amended to read:

93.21 (5) (a) In this subsection, "license" means a permit, certificate, registration or license issued by the department under chs. 91 to 100 or ch. 127 126.

16,2390 Section 2390. 93.23 (1) (h) of the statutes is repealed.

16,2390p Section 2390p. 93.32 of the statutes is created to read:

93.32 Agriculture in the classroom program. From the appropriation account under s. 20.115 (4) (q), the department shall provide grants to the organization that conducts an agriculture in the classroom program in cooperation with the federal department of agriculture to help teachers educate students about agriculture.

16,2392 Section 2392. 93.47 (2) of the statutes is amended to read:

93.47 (2) The department may award grants from the appropriation accounts under s. 20.115 (4) (c) and (i) (8) (g) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.

16,2393 Section 2393. 93.48 of the statutes is repealed.

16,2394 Section 2394. 93.50 (1) (g) of the statutes is amended to read:

93.50 (1) (g) "Procurement contract" has the meaning given for "vegetable procurement contract" in s. 100.03 (1) (vm) 126.55 (15).

16,2394p Section 2394p. 93.80 of the statutes is created to read:

93.80 Arsenic in wood. (1) The department, jointly with the department of commerce, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health. The departments shall report the results of their review to the legislature under s. 13.172 (2) no later than June 30, 2002.

(2) If the department and the department of commerce determine under sub. (1) that there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health, the departments jointly shall promulgate rules that phase in restrictions on the use of wood treated with copper, chromium, and arsenic. The departments may not prohibit the use of wood treated with copper, chromium, and arsenic for a purpose unless there is a substitute wood preservative that may be used for that purpose and that is less harmful.

(3) Any person who violates a rule promulgated under sub. (2) may be required to forfeit not more than $500 for each violation.

16,2395t Section 2395t. 94.715 of the statutes is created to read:

94.715 Pest management for schools. (1) Definitions. In this section:

(a) "Active ingredient" has the meaning given in s. 94.67 (1).

(b) "Federal act" has the meaning given in s. 94.67 (13).

(cm) "Integrated pest management" means a comprehensive strategy of pest control with the main objective of achieving desired levels of pest control in an environmentally responsible manner to reduce or eliminate reliance on pesticides by using a combination of nonchemical pest controls, which may include monitoring, increased sanitation, physical barriers, and the use of natural pest enemies, to address conditions that support pests and judiciously using lowest risk pesticides when necessary after all other practical methods have failed.

(d) "Pest" has the meaning given in s. 94.67 (24).

(e) "Pesticide" has the meaning given in s. 94.67 (25), except that "pesticide" does not include a germicide, sanitizer, or disinfectant.

(2) Requirements for school boards. A school board shall do all of the following:

(a) Propose a pest management plan that complies with sub. (4).

(am) Before proposing a plan under par. (a), obtain training under s. 36.25 (43) for at least one member of the school board or school district employee who will be involved in developing the pest management plan.

(b) After public notice and a hearing on the proposed plan under par. (a) and no later than the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], adopt a pest management plan that complies with sub. (4) and submit a copy of the plan to the department.

(c) No later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], implement the pest management plan adopted under par. (b).

(d) Provide public notice and a hearing before modifying the pest management plan adopted under par. (b) and notify the department of any modifications to the plan.

(dm) Authorize pesticide application in a school or on school grounds to be conducted only by persons who are certified in the applicable pesticide use categories under s. 94.705.

(e) When the use of a pesticide is determined to be necessary in a school or on school grounds, use pesticide in accordance with integrated pest management practices.

(f) Except as provided in sub. (6), at least 72 hours in advance of each pesticide application in a school or on school grounds, provide written notification, in a font size no smaller than that routinely used for other notices to parents, of the name of the pesticide to be applied, the planned time and location of the application, the potential health effects of exposure to the pesticide, as indicated on its label, and the name and telephone number of a person at the school who can be called for more information or to report health effects from exposure, to all of the following:

1. Each employee of the school district, or of a contractor with the school district, who may be present in the area of application within 72 hours after the application.

2. Each student who may be present in the area of application within 72 hours after the application.

3. The parents or guardians of the students under subd. 2.

(g) Post notice of each pesticide application in a school or on school grounds at the time of the application and for at least 72 hours following the application.

(h) Maintain a record of all of the following for each application of pesticide in a school or on school grounds:

1. The name and certification number of the person applying the pesticide.

2. The type of pesticide applied and its brand name, the name of the pesticide as registered under the federal act, the pesticide registration number assigned to the pesticide under the federal act, the manufacturer of the pesticide, and the pesticide's active ingredients and inert ingredients.

3. The date and time of the application and the amount of pesticide applied.

4. How the pesticide was applied, including any additives used and the type of application device used.

5. The street address of the place at which the pesticide was applied and a description of the area to which the pesticide was applied.

6. The purpose of the application, including the target pest and whether the application was preventive or reactive.

7. For an outdoor application, a description of the weather conditions at the time of the application.

8. The symptoms of acute poisoning from the pesticide, as indicated on its label.

(i) Make the information under par. (h) available to any person upon request and provide the information about pesticide applications to the department quarterly, except as provided in sub. (6m).

(j) Review liability and property insurance maintained by the school board to determine whether coverage is adequate for damage or loss caused by pesticides.

(k) Provide any information concerning pest management that is requested by the department.

(3) Prohibitions. (a) A school district may not routinely use pesticides on a regularly scheduled basis in a school or on school grounds.

(b) A school district may not use pesticide fumigation in a school or on school grounds.

(d) A school district may not use a pesticide in a school or on school grounds unless nonchemical methods of pest control have failed to prevent unacceptable levels of pest activity and damage.

(4) Pest management plan. A school board shall design its pest management plan required under sub. (2) (b) to prevent unacceptable levels of pest activity and damage while minimizing hazards to persons, property, and the environment. In the plan required under sub. (2) (b), a school board shall specify the pest management practices that will be used by the school district and shall include all of the following:

(a) A description of the methods that will be used to identify pest problems, including monitoring to determine whether pests are present in sufficient numbers to require treatment with pesticides.

(b) A description of the nonchemical methods that the school district will use to seek to prevent unacceptable levels of pest activity and damage.

(c) A description of the pesticides and methods of application that the school district may use if the methods under par. (b) fail to prevent unacceptable levels of pest activity and damage.

(d) A description of the other means that the school district will use to ensure compliance with subs. (2) (c) to (k) and (3).

(6) Exemption from advance notice requirement. A school board is not required to provide advance notice of a pesticide application if the school district administrator, as defined in s. 115.001 (8), or the school principal declares that a pest emergency exists. If a pesticide is applied in a school or on school grounds without advance notice, the school board shall provide written notification of the name of the pesticide that was applied, the time and location of the application, the potential health effects of exposure to the pesticide, as indicated on its label, and the name and telephone number of a person at the school who can be called for more information or to report health effects from exposure, to all of the persons identified in sub. (2) (f) 1. to 3., as soon as possible after the application. The school board shall provide the notice in a font size no smaller than that routinely used for other notices to parents.

(6m) Exemption from reporting requirement. A school district is not required to provide quarterly reports to the department under sub. (2) (i) if the school district does not use pesticides and notifies the department that it does not use pesticides. A school district shall begin to make the quarterly reports if it begins to use pesticides.

(7) Assistance and cooperation. The department shall provide assistance to school districts in complying with subs. (2) to (4). The department shall consult with the department of health and family services and the department of public instruction concerning school pest management issues. The department and the board of regents of the University of Wisconsin System shall enter into a memorandum of understanding concerning school pest management and the provision of training by the University of Wisconsin-Extension to ensure cooperation between the department and the University of Wisconsin-Extension and to avoid duplication of activities. The University of Wisconsin-Extension and the cooperative educational service agencies shall cooperate in providing the training under s. 36.25 (43).

(8) Availability of plans. The department shall retain pest management plans submitted under sub. (2) (b) and make the plans available to any person upon request.

(9) Report. On or before January 1 of each even-numbered year, the department, in cooperation with the University of Wisconsin-Extension and the department of health and family services, shall submit a report evaluating the program under this section to the legislature under s. 13.172 (2).

16,2397e Section 2397e. 94.73 (3m) (r) of the statutes is amended to read:

94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 $50,000 for the replacement or restoration of private wells or for connection to a public or private water source if the department or the department of natural resources orders the well replacement or restoration or the connection in response to a discharge.

16,2398 Section 2398. 95.15 of the statutes is repealed.

16,2399 Section 2399. 95.60 (8) of the statutes is created to read:

95.60 (8) The department may provide training to veterinarians and other persons who issue fish health certificates for the purposes of this section. The department may charge fees to recover the cost of providing the training.

16,2400 Section 2400. 97.20 (2) (d) 2. of the statutes is amended to read: