Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,392,20 " Section 369jd. 281.16 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,393,2 281.16 (3) (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB1-SSA1-SA2, s. 369je Section 369je. 281.16 (3) (c) of the statutes is amended to read:

AB1-SSA1-SA2,393,10 281.16 (3) (c) Using the process specified under par. (b), the department of agriculture, trade and consumer protection, in consultation with the University of Wisconsin-Extension, shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department of agriculture, trade and consumer protection shall disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

AB1-SSA1-SA2, s. 369jg Section 369jg. 281.16 (3) (e) of the statutes is amended to read:

AB1-SSA1-SA2,394,3 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 93.38 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 93.38 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB1-SSA1-SA2, s. 369kd Section 369kd. 281.20 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,394,17 281.20 (1) (a) Order or cause the abatement of pollution which the department, in consultation with the department of agriculture, trade and consumer protection University of Wisconsin-Extension if the source is agricultural, has determined to be significant and caused by a nonpoint source, as defined in s. 281.65 (2) (b), including pollution which causes the violation of a water quality standard, pollution which significantly impairs aquatic habitat or organisms, pollution which restricts navigation due to sedimentation, pollution which is deleterious to human health or pollution which otherwise significantly impairs water quality, except that under this paragraph the department may not order or cause the abatement of any pollution caused primarily by animal waste or of pollution from an agricultural source that is located in a priority watershed or priority lake area unless the source is designated as a critical site in a priority watershed or priority lake plan under s. 281.65 (5m) or a modification to such a plan under s. 281.65 (5s).

AB1-SSA1-SA2, s. 369kh Section 369kh. 281.20 (3) (c) of the statutes is amended to read:

AB1-SSA1-SA2,394,23 281.20 (3) (c) If the nonpoint source which is the subject of a notice under par. (a) is agricultural, the department shall send the notice to the department of agriculture, trade and consumer protection University of Wisconsin-Extension. The department of agriculture, trade and consumer protection University of Wisconsin-Extension shall do all of the following:

AB1-SSA1-SA2,395,11 1. Upon receipt of the notice and in cooperation with the land conservation committee, provide to the person whom the department has determined to be responsible for the nonpoint source under sub. (1) (a) a listing of management practices which, if followed, would reduce pollution to an amount determined to be acceptable by the department, in consultation with either the department of agriculture, trade and consumer protection University of Wisconsin-Extension or the land conservation committee. The list shall, with reasonable limits, set forth all of the options which are available to the person to reduce pollution to that amount of pollution. The department of agriculture, trade and consumer protection shall provide to each person receiving a notice an explanation of financial aids and technical assistance which may be available to the person for the abatement of pollution or the implementation of best management practices from the department of agriculture, trade and consumer protection under s. 92.14 and from other sources.

AB1-SSA1-SA2,395,22 2. Issue a report to the department within one year after the date of the notice describing the actions taken by the person receiving the notice and a recommendation as to whether the department should issue an order to abate the pollution or implement the best management practices. Notwithstanding par. (a), the department may not issue an order until the department receives that report unless the department determines that the pollution is causing or will cause severe water quality degradation which could be mitigated or prevented by abatement action taken in less than one year and unless the department of agriculture, trade and consumer protection University of Wisconsin-Extension files a concurring determination in writing with the department within 30 days after receiving notice of the department's determination.

AB1-SSA1-SA2, s. 369kk Section 369kk. 281.20 (3) (d) 3. of the statutes is amended to read:

AB1-SSA1-SA2,396,3 281.20 (3) (d) 3. If the nonpoint source is agricultural, the department provides a copy of the temporary emergency order to the department of agriculture, trade and consumer protection University of Wisconsin-Extension and to the land conservation committee created under s. 92.06 in every county in which the nonpoint source is located.

AB1-SSA1-SA2, s. 369pc Section 369pc. 281.65 (3) (f) of the statutes is amended to read:

AB1-SSA1-SA2,396,8 281.65 (3) (f) Require the department and the department of agriculture, trade and consumer protection to conduct or contract for another person to conduct any evaluation or audit of the program under this section and of individual priority watershed or priority lake projects that the board determines is necessary.

AB1-SSA1-SA2, s. 369pf Section 369pf. 281.65 (4) (as) of the statutes is amended to read:

AB1-SSA1-SA2,396,16 281.65 (4) (as) Consult with the department of agriculture, trade and consumer protection University of Wisconsin-Extension in developing any federal grant application under par. (ar). Every application is subject to s. 16.54 and shall include the proposed expenditures of federal nonpoint source water pollution abatement grant moneys and the allocation of such moneys between the department and the department of agriculture, trade and consumer protection University of Wisconsin-Extension.

AB1-SSA1-SA2, s. 369ph Section 369ph. 281.65 (4) (dr) of the statutes is amended to read:

AB1-SSA1-SA2,397,3 281.65 (4) (dr) Appoint a committee for each priority watershed and priority lake, to advise the department, the department of agriculture, trade and consumer protection and the counties, cities and villages concerning all aspects of the nonpoint source pollution abatement financial assistance program. Each committee shall include at least 2 farmers as members if the priority watershed or priority lake area includes property in agricultural use. Each committee shall include at least 2 representatives of a public inland lake protection and rehabilitation district that is within the priority watershed or priority lake area or, if one does not exist, of riparian property owners. Each committee for a priority watershed or priority lake area with any area in the Milwaukee River basin shall include a member of the county board from each county with any area in that priority watershed or priority lake area.

AB1-SSA1-SA2, s. 369pi Section 369pi. 281.65 (4) (e) of the statutes is amended to read:

AB1-SSA1-SA2,397,21 281.65 (4) (e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection University of Wisconsin-Extension, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The standards and specifications shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16. The department may waive the standards and specifications in exceptional cases. The rules shall specify which best management practices are cost-effective best management practices. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.

AB1-SSA1-SA2, s. 369pk Section 369pk. 281.65 (4) (g) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,398,2 281.65 (4) (g) (intro.) In cooperation with the department of agriculture, trade and consumer protection and the appropriate governmental unit, prepare priority watershed and priority lakes plans to implement nonpoint source water pollution abatement projects in priority watersheds and priority lake areas. In preparing the plans, the department shall:

AB1-SSA1-SA2, s. 369pL Section 369pL. 281.65 (4) (g) 2. of the statutes is amended to read:

AB1-SSA1-SA2,398,7 281.65 (4) (g) 2. Promote significant participation from the department of agriculture, trade and consumer protection and other state agencies, governmental units and other persons located in any priority watershed or in any priority lake area that is the subject of the plan.

AB1-SSA1-SA2, s. 369pn Section 369pn. 281.65 (4) (g) 4. of the statutes is amended to read:

AB1-SSA1-SA2,398,11 281.65 (4) (g) 4. In cooperation with the department of agriculture, trade and consumer protection University of Wisconsin-Extension, incorporate the appropriate best management practices into the plan.

AB1-SSA1-SA2, s. 369pp Section 369pp. 281.65 (4) (i) of the statutes is repealed.

AB1-SSA1-SA2, s. 369pr Section 369pr. 281.65 (4) (L) of the statutes is amended to read:

AB1-SSA1-SA2,398,18 281.65 (4) (L) Before September 1 of each year, in consultation with the department of agriculture, trade and consumer protection, submit a budget report to the board that includes anticipated expenditures for projects under this section during the next year, criteria for ending projects under this section and, if anticipated expenditures exceed anticipated funding, a plan for reducing expenditures.

AB1-SSA1-SA2, s. 369pt Section 369pt. 281.65 (4) (o) of the statutes is amended to read:

AB1-SSA1-SA2,398,22 281.65 (4) (o) Annually, in cooperation with the department of agriculture, trade and consumer protection, submit a report on the progress of the program under this section to the land and water conservation board.

AB1-SSA1-SA2, s. 369pu Section 369pu. 281.65 (4) (p) of the statutes is amended to read:

AB1-SSA1-SA2,399,3 281.65 (4) (p) Jointly with the department of agriculture, trade and consumer protection, prepare Prepare the plan required under s. 92.14 (13). The department shall review and approve or disapprove the plan and shall notify the land and water conservation board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

AB1-SSA1-SA2, s. 369pv Section 369pv. 281.65 (4) (pm) of the statutes is amended to read:

AB1-SSA1-SA2,399,7 281.65 (4) (pm) Jointly with the department of agriculture, trade and consumer protection, develop Develop the forms required and implement the process under s. 92.14 (14).

AB1-SSA1-SA2, s. 369px Section 369px. 281.65 (4c) (am) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,399,12 281.65 (4c) (am) 2. The department, in consultation with the department of agriculture, trade and consumer protection, determines that funding provided under s. 92.14 is insufficient to fund the project.

AB1-SSA1-SA2, s. 369pz Section 369pz. 281.65 (4m) (c) of the statutes is amended to read:

AB1-SSA1-SA2,399,21 281.65 (4m) (c) The department shall submit a copy of any plan it completes under this subsection to any county located in or containing any watershed which is a subject of the plan and to the department of agriculture, trade and consumer protection University of Wisconsin-Extension. The department of agriculture, trade and consumer protection University of Wisconsin-Extension shall review the plan and notify the department of natural resources of its comments on the plan. A county receiving a plan under this subsection shall review the plan, approve or disapprove the plan and notify the department of natural resources of its action on the plan.

AB1-SSA1-SA2, s. 369qc Section 369qc. 281.65 (4m) (d) of the statutes is amended to read:

AB1-SSA1-SA2,400,3 281.65 (4m) (d) After the department considers the comments of the department of agriculture, trade and consumer protection University of Wisconsin-Extension on a plan under par. (c) and receives approval of the plan by every county to which it was sent and by the land and water conservation board, the department shall designate the plan to be an element of the appropriate areawide water quality management plan under P.L. 92-500, section 208.

AB1-SSA1-SA2, s. 369qd Section 369qd. 281.65 (5) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,400,6 281.65 (5) (intro.) The department of agriculture, trade and consumer protection, in consultation with the University of Wisconsin-Extension, shall:

AB1-SSA1-SA2, s. 369qe Section 369qe. 281.65 (5m) of the statutes is amended to read:

AB1-SSA1-SA2,400,13 281.65 (5m) Upon completion of plans by the department under sub. (4) (g), and (5) and the governmental unit or regional planning commission under sub. (4m) and the department of agriculture, trade and consumer protection under sub. (5), and upon receiving the approval of the land and water conservation board, the department shall prepare and approve the final plan for a priority watershed or priority lake.

AB1-SSA1-SA2, s. 369qh Section 369qh. 281.65 (7) (a) 2. of the statutes is amended to read:

AB1-SSA1-SA2,401,2 281.65 (7) (a) 2. A county land conservation committee receiving a request under subd. 1. shall provide the owner or operator with a hearing and shall provide reasonable notice of the hearing to the owner or operator, the department and the department of agriculture, trade and consumer protection University of Wisconsin-Extension. The county land conservation committee shall conduct the hearing under this subdivision as an informal hearing. Section 68.11 (2) does not apply to the hearing. The land conservation committee shall hold the hearing in a place convenient to the owner or operator. Within 60 days after the hearing, the department shall, and the department of agriculture, trade and consumer protection University of Wisconsin-Extension may, submit a report and recommendation to the land conservation committee concerning the issues at the hearing. The land conservation committee may affirm or reverse the designation of the site as a critical site.

AB1-SSA1-SA2, s. 369qj Section 369qj. 281.65 (10) of the statutes is amended to read:

AB1-SSA1-SA2,401,7 281.65 (10) To the greatest extent practicable, the department, the department of agriculture, trade and consumer protection and the administering and implementing governmental unit shall encourage and utilize the Wisconsin conservation corps for appropriate projects.

AB1-SSA1-SA2, s. 369qL Section 369qL. 281.65 (11) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,402,2 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2005. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. In providing funding under s. 92.14 (3), the department of agriculture, trade and consumer protection shall determine the amount of matching funds required for staff for the priority watershed project as though the funding termination date of June 30, 2005, had been in effect on October 6, 1998. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.

AB1-SSA1-SA2, s. 369sc Section 369sc. 281.67 of the statutes is repealed.

AB1-SSA1-SA2, s. 369tc Section 369tc. 281.695 (5) of the statutes is amended to read:

AB1-SSA1-SA2,402,14 281.695 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under ss. 281.58 and 281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection natural resources for that purpose.".

AB1-SSA1-SA2,402,15 425. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,402,16 " Section 369gm. 280.25 of the statutes is created to read:

AB1-SSA1-SA2,402,17 280.25 Report on aquifer recovery system. (1) In this section:

AB1-SSA1-SA2,402,19 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257 (1).

AB1-SSA1-SA2,402,20 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).

AB1-SSA1-SA2,403,2 (2) The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.".

AB1-SSA1-SA2,403,3 426. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,403,4 " Section 369qm. 281.65 (12) of the statutes is created to read:

AB1-SSA1-SA2,403,14 281.65 (12) Notwithstanding sub. (8), during fiscal year 2002-03, the department shall make a payment under this section to a landowner who received a notice of discharge under ch. 283, who entered into a cost-share agreement with the department of agriculture, trade and consumer protection for a grant under s. 92.14 (4) (c), 1997 stats., and who complied with the cost-share agreement but who did not receive the grant under s. 92.14 (4) (c), 1997 stats. The department shall make a payment under this subsection in the amount to which the landowner would have been entitled under the cost-share agreement with the department of agriculture, trade and consumer protection. The department may not require a landowner to file an application to receive payment under this subsection.".

AB1-SSA1-SA2,403,15 427. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,403,17 " Section 369m. 283.84 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,403,21 283.84 (1) (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 22.01 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.".

AB1-SSA1-SA2,403,22 428. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,403,23 " Section 369h. 255.06 (2) (h) of the statutes is created to read:

AB1-SSA1-SA2,404,3 255.06 (2) (h) Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.".

AB1-SSA1-SA2,404,4 429. Page 186, line 6: after that line insert:

AB1-SSA1-SA2,404,5 " Section 372s. 299.41 of the statutes is amended to read:

AB1-SSA1-SA2,404,9 299.41 Household hazardous waste. The department shall establish and administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste.".

AB1-SSA1-SA2,404,10 430. Page 186, line 13: after that line insert:

AB1-SSA1-SA2,404,11 " Section 373g. 301.03 (3) of the statutes is amended to read:

AB1-SSA1-SA2,404,22 301.03 (3) Administer Subject to sub. (3a), administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission, and the decision to revoke probation, extended supervision, or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees, and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees, and persons placed on extended supervision to partially offset the costs of the program.

AB1-SSA1-SA2, s. 373r Section 373r. 301.03 (3a) of the statutes is created to read:

AB1-SSA1-SA2,405,10 301.03 (3a) The department shall take steps to promote the increased effectiveness of probation, extended supervision, and parole in Brown, Dane, Kenosha, Milwaukee, Racine, and Rock counties. In each of these counties, the department shall, beginning on the first day of the 10th month beginning after the effective date of this subsection .... [revisor inserts date], develop a partnership with the community, have strategies for local crime prevention, supervise offenders actively, commit additional resources to enhance supervision and purchase services for offenders, establish day reporting centers, and ensure that probation, extended supervision, and parole agents, on average, supervise no more than 25 persons on probation, extended supervision, or parole.".

AB1-SSA1-SA2,405,11 431. Page 187, line 7: after that line insert:

AB1-SSA1-SA2,405,12 " Section 377bc. 301.048 (2m) of the statutes is repealed.

AB1-SSA1-SA2, s. 377be Section 377be. 301.048 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,405,15 301.048 (3) (a) (intro.) The Subject to par. (bm), the department shall provide each participant with one or more of the following sanctions:

AB1-SSA1-SA2, s. 377bg Section 377bg. 301.048 (3) (a) 1. of the statutes is amended to read:

AB1-SSA1-SA2,405,22 301.048 (3) (a) 1. Placement in a Type 1 prison or a jail, county reforestation camp, residential treatment facility or community-based residential facility. The Except as provided in par. (bm), the department may not place a participant under this paragraph for more than one year or, if applicable, the period specified by the court under s. 973.032 (3) (b), whichever is shorter, except as provided in s. 973.032 (4).

AB1-SSA1-SA2, s. 377bi Section 377bi. 301.048 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,406,8 301.048 (3) (b) The Except as provided in par. (bm), the department may provide the sanctions under par. (a) in any order and may provide more than one sanction at a time. Subject to the cumulative time restrictions under par. pars. (a) 1. and (bm) 2., the department may return to a sanction that was used previously for a participant. A participant is not entitled to a hearing regarding the department's exercise of authority under this subsection or its decision to not petition the court under s. 973.032 (4m) (b) for permission to release a person from a placement under par. (a) 1. unless the department provides for a hearing by rule.

AB1-SSA1-SA2, s. 377bj Section 377bj. 301.048 (3) (bm) of the statutes is created to read:

AB1-SSA1-SA2,406,16 301.048 (3) (bm) 1. The department shall initially place a person required to participate in the intensive sanctions program under s. 973.032 (1) in a Type 1 prison or a jail, county reforestation camp, residential treatment facility, or community-based residential facility under par. (a) 1. Except as provided under subd. 2. or unless, under sub. (4) (a), the person's extended supervision is revoked, the department shall maintain the person in that placement until the court authorizes the person's release from the placement under s. 973.032 (4m).