Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,723,5 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the department of natural resources environmental management to act under ch. 283.

SB55-ASA1-AA1, s. 2380f Section 2380f. 92.14 (6) (m) of the statutes is amended to read:

SB55-ASA1-AA1,723,9 92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources environmental management shall assist counties in conducting the activities for which grants under sub. (3) may be used.

SB55-ASA1-AA1, s. 2380g Section 2380g. 92.14 (8) of the statutes is amended to read:

SB55-ASA1-AA1,723,13 92.14 (8) Rules. In consultation with the department of natural resources environmental management, the department shall promulgate rules to administer this section and the department's duties under s. 281.65.

SB55-ASA1-AA1, s. 2380h Section 2380h. 92.14 (12) of the statutes is amended to read:

SB55-ASA1-AA1,723,17 92.14 (12) Annual report. Annually, the department, in cooperation with the department of natural resources environmental management, shall submit a report on the progress of the program under this section and s. 281.65 to the board.

SB55-ASA1-AA1, s. 2380j Section 2380j. 92.14 (13) of the statutes is amended to read:

SB55-ASA1-AA1,724,2 92.14 (13) Evaluation plan. The department, jointly with the department of natural resources environmental management, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources environmental management on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

SB55-ASA1-AA1, s. 2380k Section 2380k. 92.14 (14) of the statutes is amended to read:

SB55-ASA1-AA1,724,11 92.14 (14) Application, allocation, reporting and evaluation. The department, jointly with the department of natural resources environmental management, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and ss. 281.65 and 281.66. The department, jointly with the department of natural resources environmental management, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and ss. 281.65 and 281.66.

SB55-ASA1-AA1, s. 2380L Section 2380L. 92.14 (14m) of the statutes is amended to read:

SB55-ASA1-AA1,724,17 92.14 (14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources environmental management, jointly, shall review applications from counties for grants under sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under s. 281.65 or 281.66.

SB55-ASA1-AA1, s. 2380n Section 2380n. 92.14 (15) of the statutes is amended to read:

SB55-ASA1-AA1,724,21 92.14 (15) Financial information. The department shall consult with the department of natural resources environmental management when it prepares the information which it submits to the department of administration under s. 16.42.

SB55-ASA1-AA1, s. 2380p Section 2380p. 92.15 (3) of the statutes is amended to read:

SB55-ASA1-AA1,725,4 92.15 (3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources environmental management that the regulations are necessary to achieve water quality standards under s. 281.15.

SB55-ASA1-AA1,725,8 (b) The department of agriculture, trade and consumer protection and the department of natural resources environmental management shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a).

SB55-ASA1-AA1, s. 2380r Section 2380r. 92.18 (4) of the statutes is amended to read:

SB55-ASA1-AA1,725,11 92.18 (4) The department shall promulgate rules under this section in consultation with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2380s Section 2380s. 92.18 (5) of the statutes is amended to read:

SB55-ASA1-AA1,725,15 92.18 (5) Any training required under this section may be conducted by the department or the department of natural resources environmental management or by another person with the approval of the department.".

SB55-ASA1-AA1,725,16 1349. Page 882, line 11: after that line insert:

SB55-ASA1-AA1,725,17 " Section 2381. 93.01 (1m) of the statutes is amended to read:

SB55-ASA1-AA1,726,2 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations , and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.".

SB55-ASA1-AA1,726,4 1350. Page 882, line 13: delete the material beginning with "From" and ending with "provide" on line 14 and substitute "Provide".

SB55-ASA1-AA1,726,5 1351. Page 882, line 16: after that line insert:

SB55-ASA1-AA1,726,6 " Section 2385. 93.135 (1) (rm) of the statutes is amended to read:

SB55-ASA1-AA1,726,7 93.135 (1) (rm) A registration certificate license under s. 100.03 (2) 126.56.

SB55-ASA1-AA1, s. 2386 Section 2386. 93.135 (1) (s) of the statutes is amended to read:

SB55-ASA1-AA1,726,9 93.135 (1) (s) A license under s. 127.02 (1) 126.26.

SB55-ASA1-AA1, s. 2387 Section 2387. 93.135 (1) (sm) of the statutes is amended to read:

SB55-ASA1-AA1,726,11 93.135 (1) (sm) A license under s. 127.03 (1) 126.11.

SB55-ASA1-AA1, s. 2388 Section 2388. 93.20 (1) of the statutes is amended to read:

SB55-ASA1-AA1,726,15 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.

SB55-ASA1-AA1, s. 2389 Section 2389. 93.21 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,726,18 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.".

SB55-ASA1-AA1,726,19 1352. Page 882, line 16: after that line insert:

SB55-ASA1-AA1,726,20 " Section 2384g. 93.12 (5) of the statutes is amended to read:

SB55-ASA1-AA1,727,4 93.12 (5) The department shall establish uniform minimum standards to be used in the evaluation and certification of laboratory examinations. The department shall submit any rules proposed under this subsection which affect the laboratory certification program under s. 299.11 to the department of natural resources environmental management and to the state laboratory of hygiene for review and comment. These rules may not take effect unless they are approved by the department of natural resources environmental management within 6 months after submission.

SB55-ASA1-AA1, s. 2384j Section 2384j. 93.12 (8) of the statutes is amended to read:

SB55-ASA1-AA1,727,11 93.12 (8) The department shall enter into a memorandum of understanding with the department of natural resources environmental management setting forth the responsibilities of each department in administering the laboratory certification programs under sub. (5) and s. 299.11. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.

SB55-ASA1-AA1, s. 2384L Section 2384L. 93.12 (9) of the statutes is amended to read:

SB55-ASA1-AA1,727,16 93.12 (9) The department shall recognize the certification or registration of a laboratory by the department of natural resources environmental management under s. 299.11 and shall accept the results of any test conducted by a laboratory certified or registered to conduct that category of test under that section.".

SB55-ASA1-AA1,727,17 1353. Page 882, line 17: after that line insert:

SB55-ASA1-AA1,727,18 " Section 2390p. 93.32 of the statutes is created to read:

SB55-ASA1-AA1,727,23 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.".

SB55-ASA1-AA1,727,24 1354. Page 882, line 17: after that line insert:

SB55-ASA1-AA1,728,1 " Section 2390v. 93.45 of the statutes is created to read:

SB55-ASA1-AA1,728,6 93.45 Wisconsin agricultural research and development initiative. (1) From the appropriation account under s. 20.115 (4) (am), the department shall provide funds to a nonprofit corporation for grants for agricultural research and development projects and administrative costs associated with making those grants if all of the following apply:

SB55-ASA1-AA1,728,9 (a) The nonprofit corporation is described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), and is exempt from federal taxation under section 501 (a) of the Internal Revenue Code.

SB55-ASA1-AA1,728,12 (b) The nonprofit corporation has as its primary purpose the promotion and funding of agricultural research and development projects to benefit agricultural producers in this state.

SB55-ASA1-AA1,728,14 (c) The board of directors of the nonprofit corporation consists of persons selected by organizations that represent agricultural production in this state.

SB55-ASA1-AA1,728,18 (d) The board of directors of the nonprofit corporation selects agricultural research and development projects for funding based on research priorities identified by the board of directors and recommendations by technical advisory groups established by the board of directors.

SB55-ASA1-AA1,729,2 (1m) A nonprofit corporation that receives funds under this section may make a grant only pursuant to an agreement with the recipient. The nonprofit corporation shall submit a final draft of any proposed agreement between the nonprofit corporation and a grant recipient to the department for review. The department shall either approve or disapprove the proposed agreement within 30 days after receiving it. The decision of the department approving or disapproving a proposed agreement is final and is not subject to judicial review under ch. 227. A proposed agreement, a final agreement between the nonprofit corporation and a grant recipient, and any amendments to an agreement are public records.

SB55-ASA1-AA1,729,4 (2) A nonprofit corporation that receives funds under this section shall do all of the following:

SB55-ASA1-AA1,729,7 (a) Require each recipient of a grant to submit a final research report to the nonprofit corporation and require an annual report for each project funded for more than 12 months.

SB55-ASA1-AA1,729,9 (b) Require each recipient of a grant to convey research findings to potential users of those findings.

SB55-ASA1-AA1,729,12 (c) Submit an annual report to the legislature, under s. 13.172 (2), and to the governor describing expenditures of funds received under this section and the progress and results of research and development projects funded under this section.

SB55-ASA1-AA1,729,14 (3) A nonprofit corporation that receives funds under this section may do any of the following:

SB55-ASA1-AA1,729,17 (a) Require a person receiving a grant for an agricultural research and development project to obtain a portion of the funds needed for the project from other sources.

SB55-ASA1-AA1,729,19 (b) Use funds received under this section to purchase administrative services from any public or private entity.

SB55-ASA1-AA1,729,21 (4) The department shall promulgate rules for the implementation of this section.".

SB55-ASA1-AA1,729,22 1355. Page 882, line 17: after that line insert:

SB55-ASA1-AA1,729,23 " Section 2390p. 93.46 (1m) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,730,3 93.46 (1m) (a) 2. Coordinating the aquaculture activities of the department with the aquaculture activities of the department of natural resources fish, wildlife, parks, and forestry and the University of Wisconsin System.

SB55-ASA1-AA1, s. 2390q Section 2390q. 93.46 (1m) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,730,9 93.46 (1m) (a) 3. Conducting meetings on a quarterly basis between representatives of the department, the department of natural resources fish, wildlife, parks, and forestry and the University of Wisconsin System to exchange information regarding the progress of their efforts to promote commercial aquaculture in this state.

SB55-ASA1-AA1, s. 2390t Section 2390t. 93.46 (1m) (b) of the statutes is amended to read:

SB55-ASA1-AA1,730,14 93.46 (1m) (b) The department of natural resources fish, wildlife, parks, and forestry and the department of environmental management shall assist persons in obtaining any license or approval required by any state or federal agency to conduct a commercial aquaculture operation.".

SB55-ASA1-AA1,730,15 1356. Page 882, line 24: after that line insert:

SB55-ASA1-AA1,730,16 " Section 2394. 93.50 (1) (g) of the statutes is amended to read:

SB55-ASA1-AA1,730,18 93.50 (1) (g) "Procurement contract" has the meaning given for "vegetable procurement contract" in s. 100.03 (1) (vm) 126.55 (15).".

SB55-ASA1-AA1,730,19 1357. Page 882, line 24: after that line insert:

SB55-ASA1-AA1,730,20 " Section 2394p. 93.80 of the statutes is created to read:

SB55-ASA1-AA1,731,2 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. The departments shall report the results of their review to the legislature under s. 13.172 (2) no later than June 30, 2002.

SB55-ASA1-AA1,731,9 (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, 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.

SB55-ASA1-AA1,731,11 (3) Any person who violates a rule promulgated under sub. (2) may be required to forfeit not more than $500 for each violation.".

SB55-ASA1-AA1,731,12 1358. Page 882, line 24: after that line insert:

SB55-ASA1-AA1,731,13 " Section 2395b. 94.02 (4) of the statutes is amended to read:

SB55-ASA1-AA1,731,16 94.02 (4) This section pertains to the abatement of pests on agricultural lands and on agricultural business premises. This section does not affect the authority of the department of natural resources fish, wildlife, parks, and forestry under ch. 26.

SB55-ASA1-AA1, s. 2395t Section 2395t. 94.65 (3) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,731,20 94.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge under a pollutant discharge elimination system permit issued by the department of natural resources environmental management under s. 283.31 or 283.35.".

SB55-ASA1-AA1,731,22 1359. Page 882, line 25: delete the material beginning with that line and ending with page 888, line 10.

SB55-ASA1-AA1,731,23 1360. Page 888, line 10: after that line insert:

SB55-ASA1-AA1,731,24 " Section 2397c. 94.73 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,732,9 94.73 (1) (b) "Corrective action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. "Corrective action" includes action taken or ordered by the department of natural resources environmental management under s. 292.11 (7) in response to a discharge, but does not include action ordered by the department of natural resources environmental management under s. 291.37 (2) or 291.95. "Corrective action" does not include action taken, or ordered to be completed, before January 1, 1989.

SB55-ASA1-AA1, s. 2397e Section 2397e. 94.73 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,732,16 94.73 (2) (a) The department may issue an order requiring a responsible person to take corrective action. Except as provided in a memorandum of understanding under sub. (12), if a discharge involves a hazardous substance that may also become a hazardous waste, the department and the department of natural resources environmental management shall consult to determine whether corrective action should be taken under this section or s. 291.37 (2), 291.95 (1) or 292.31 (3).