SB55-ASA1-AA1,726,6 6" Section 2385. 93.135 (1) (rm) of the statutes is amended to read:
SB55-ASA1-AA1,726,77 93.135 (1) (rm) A registration certificate license under s. 100.03 (2) 126.56.
SB55-ASA1-AA1, s. 2386 8Section 2386. 93.135 (1) (s) of the statutes is amended to read:
SB55-ASA1-AA1,726,99 93.135 (1) (s) A license under s. 127.02 (1) 126.26.
SB55-ASA1-AA1, s. 2387 10Section 2387. 93.135 (1) (sm) of the statutes is amended to read:
SB55-ASA1-AA1,726,1111 93.135 (1) (sm) A license under s. 127.03 (1) 126.11.
SB55-ASA1-AA1, s. 2388 12Section 2388. 93.20 (1) of the statutes is amended to read:
SB55-ASA1-AA1,726,1513 93.20 (1) Definition. In this section, "action" means an action that is
14commenced in court by, or on behalf of, the department of agriculture, trade and
15consumer protection to enforce chs. 88, 91 to 100 or 127 126.
SB55-ASA1-AA1, s. 2389 16Section 2389. 93.21 (5) (a) of the statutes is amended to read:
SB55-ASA1-AA1,726,1817 93.21 (5) (a) In this subsection, "license" means a permit, certificate,
18registration or license issued by the department under chs. 91 to 100 or ch. 127 126.".
SB55-ASA1-AA1,726,19 191352. Page 882, line 16: after that line insert:
SB55-ASA1-AA1,726,20 20" Section 2384g. 93.12 (5) of the statutes is amended to read:
SB55-ASA1-AA1,727,421 93.12 (5) The department shall establish uniform minimum standards to be
22used in the evaluation and certification of laboratory examinations. The department
23shall submit any rules proposed under this subsection which affect the laboratory
24certification program under s. 299.11 to the department of natural resources

1environmental management and to the state laboratory of hygiene for review and
2comment. These rules may not take effect unless they are approved by the
3department of natural resources environmental management within 6 months after
4submission.
SB55-ASA1-AA1, s. 2384j 5Section 2384j. 93.12 (8) of the statutes is amended to read:
SB55-ASA1-AA1,727,116 93.12 (8) The department shall enter into a memorandum of understanding
7with the department of natural resources environmental management setting forth
8the responsibilities of each department in administering the laboratory certification
9programs under sub. (5) and s. 299.11. The memorandum of understanding shall
10include measures to be taken by each department to avoid duplication of application
11and compliance procedures for laboratory certification.
SB55-ASA1-AA1, s. 2384L 12Section 2384L. 93.12 (9) of the statutes is amended to read:
SB55-ASA1-AA1,727,1613 93.12 (9) The department shall recognize the certification or registration of a
14laboratory by the department of natural resources environmental management
15under s. 299.11 and shall accept the results of any test conducted by a laboratory
16certified or registered to conduct that category of test under that section.".
SB55-ASA1-AA1,727,17 171353. Page 882, line 17: after that line insert:
SB55-ASA1-AA1,727,18 18" Section 2390p. 93.32 of the statutes is created to read:
SB55-ASA1-AA1,727,23 1993.32 Agriculture in the classroom program. From the appropriation
20account under s. 20.115 (4) (q), the department shall provide grants to the
21organization that conducts an agriculture in the classroom program in cooperation
22with the federal department of agriculture to help teachers educate students about
23agriculture.".
SB55-ASA1-AA1,727,24 241354. Page 882, line 17: after that line insert:
SB55-ASA1-AA1,728,1
1" Section 2390v. 93.45 of the statutes is created to read:
SB55-ASA1-AA1,728,6 293.45 Wisconsin agricultural research and development initiative. (1)
3From the appropriation account under s. 20.115 (4) (am), the department shall
4provide funds to a nonprofit corporation for grants for agricultural research and
5development projects and administrative costs associated with making those grants
6if all of the following apply:
SB55-ASA1-AA1,728,97(a) The nonprofit corporation is described in section 501 (c) of the Internal
8Revenue Code, as defined in s. 71.22 (4), and is exempt from federal taxation under
9section 501 (a) of the Internal Revenue Code.
SB55-ASA1-AA1,728,1210 (b) The nonprofit corporation has as its primary purpose the promotion and
11funding of agricultural research and development projects to benefit agricultural
12producers in this state.
SB55-ASA1-AA1,728,1413 (c) The board of directors of the nonprofit corporation consists of persons
14selected by organizations that represent agricultural production in this state.
SB55-ASA1-AA1,728,1815 (d) The board of directors of the nonprofit corporation selects agricultural
16research and development projects for funding based on research priorities
17identified by the board of directors and recommendations by technical advisory
18groups established by the board of directors.
SB55-ASA1-AA1,729,2 19(1m) A nonprofit corporation that receives funds under this section may make
20a grant only pursuant to an agreement with the recipient. The nonprofit corporation
21shall submit a final draft of any proposed agreement between the nonprofit
22corporation and a grant recipient to the department for review. The department
23shall either approve or disapprove the proposed agreement within 30 days after
24receiving it. The decision of the department approving or disapproving a proposed
25agreement is final and is not subject to judicial review under ch. 227. A proposed

1agreement, a final agreement between the nonprofit corporation and a grant
2recipient, and any amendments to an agreement are public records.
SB55-ASA1-AA1,729,4 3(2) A nonprofit corporation that receives funds under this section shall do all
4of the following:
SB55-ASA1-AA1,729,75 (a) Require each recipient of a grant to submit a final research report to the
6nonprofit corporation and require an annual report for each project funded for more
7than 12 months.
SB55-ASA1-AA1,729,98 (b) Require each recipient of a grant to convey research findings to potential
9users of those findings.
SB55-ASA1-AA1,729,1210 (c) Submit an annual report to the legislature, under s. 13.172 (2), and to the
11governor describing expenditures of funds received under this section and the
12progress and results of research and development projects funded under this section.
SB55-ASA1-AA1,729,14 13(3) A nonprofit corporation that receives funds under this section may do any
14of the following:
SB55-ASA1-AA1,729,1715 (a) Require a person receiving a grant for an agricultural research and
16development project to obtain a portion of the funds needed for the project from other
17sources.
SB55-ASA1-AA1,729,1918 (b) Use funds received under this section to purchase administrative services
19from any public or private entity.
SB55-ASA1-AA1,729,21 20(4) The department shall promulgate rules for the implementation of this
21section.".
SB55-ASA1-AA1,729,22 221355. Page 882, line 17: after that line insert:
SB55-ASA1-AA1,729,23 23" Section 2390p. 93.46 (1m) (a) 2. of the statutes is amended to read:
SB55-ASA1-AA1,730,3
193.46 (1m) (a) 2. Coordinating the aquaculture activities of the department
2with the aquaculture activities of the department of natural resources fish, wildlife,
3parks, and forestry
and the University of Wisconsin System.
SB55-ASA1-AA1, s. 2390q 4Section 2390q. 93.46 (1m) (a) 3. of the statutes is amended to read:
SB55-ASA1-AA1,730,95 93.46 (1m) (a) 3. Conducting meetings on a quarterly basis between
6representatives of the department, the department of natural resources fish,
7wildlife, parks, and forestry
and the University of Wisconsin System to exchange
8information regarding the progress of their efforts to promote commercial
9aquaculture in this state.
SB55-ASA1-AA1, s. 2390t 10Section 2390t. 93.46 (1m) (b) of the statutes is amended to read:
SB55-ASA1-AA1,730,1411 93.46 (1m) (b) The department of natural resources fish, wildlife, parks, and
12forestry and the department of environmental management
shall assist persons in
13obtaining any license or approval required by any state or federal agency to conduct
14a commercial aquaculture operation.".
SB55-ASA1-AA1,730,15 151356. Page 882, line 24: after that line insert:
SB55-ASA1-AA1,730,16 16" Section 2394. 93.50 (1) (g) of the statutes is amended to read:
SB55-ASA1-AA1,730,1817 93.50 (1) (g) "Procurement contract" has the meaning given for "vegetable
18procurement contract"
in s. 100.03 (1) (vm) 126.55 (15).".
SB55-ASA1-AA1,730,19 191357. Page 882, line 24: after that line insert:
SB55-ASA1-AA1,730,20 20" Section 2394p. 93.80 of the statutes is created to read:
SB55-ASA1-AA1,731,2 2193.80 Arsenic in wood. (1) The department, jointly with the department of
22commerce, shall review scientific evidence to determine whether there is a
23substantial likelihood that wood treated with copper, chromium, and arsenic is

1harmful to the environment. The departments shall report the results of their review
2to the legislature under s. 13.172 (2) no later than June 30, 2002.
SB55-ASA1-AA1,731,9 3(2) If the department and the department of commerce determine under sub.
4(1) that there is a substantial likelihood that wood treated with copper, chromium,
5and arsenic is harmful to the environment, the departments jointly shall promulgate
6rules that phase in restrictions on the use of wood treated with copper, chromium,
7and arsenic. The departments may not prohibit the use of wood treated with copper,
8chromium, and arsenic for a purpose unless there is a substitute wood preservative
9that may be used for that purpose and that is less harmful.
SB55-ASA1-AA1,731,11 10(3) Any person who violates a rule promulgated under sub. (2) may be required
11to forfeit not more than $500 for each violation.".
SB55-ASA1-AA1,731,12 121358. Page 882, line 24: after that line insert:
SB55-ASA1-AA1,731,13 13" Section 2395b. 94.02 (4) of the statutes is amended to read:
SB55-ASA1-AA1,731,1614 94.02 (4) This section pertains to the abatement of pests on agricultural lands
15and on agricultural business premises. This section does not affect the authority of
16the department of natural resources fish, wildlife, parks, and forestry under ch. 26.
SB55-ASA1-AA1, s. 2395t 17Section 2395t. 94.65 (3) (a) 3. of the statutes is amended to read:
SB55-ASA1-AA1,731,2018 94.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge
19under a pollutant discharge elimination system permit issued by the department of
20natural resources environmental management under s. 283.31 or 283.35.".
SB55-ASA1-AA1,731,22 211359. Page 882, line 25: delete the material beginning with that line and
22ending with page 888, line 10.
SB55-ASA1-AA1,731,23 231360. Page 888, line 10: after that line insert:
SB55-ASA1-AA1,731,24 24" Section 2397c. 94.73 (1) (b) of the statutes is amended to read:
SB55-ASA1-AA1,732,9
194.73 (1) (b) "Corrective action" means action that is taken in response to a
2discharge and that is necessary to restore the environment to the extent practicable
3and to minimize the harmful effects of the discharge to the air, lands or waters of this
4state. "Corrective action" includes action taken or ordered by the department of
5natural resources environmental management under s. 292.11 (7) in response to a
6discharge, but does not include action ordered by the department of natural
7resources
environmental management under s. 291.37 (2) or 291.95. "Corrective
8action" does not include action taken, or ordered to be completed, before
9January 1, 1989.
SB55-ASA1-AA1, s. 2397e 10Section 2397e. 94.73 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1,732,1611 94.73 (2) (a) The department may issue an order requiring a responsible person
12to take corrective action. Except as provided in a memorandum of understanding
13under sub. (12), if a discharge involves a hazardous substance that may also become
14a hazardous waste, the department and the department of natural resources
15environmental management shall consult to determine whether corrective action
16should be taken under this section or s. 291.37 (2), 291.95 (1) or 292.31 (3).
SB55-ASA1-AA1, s. 2397f 17Section 2397f. 94.73 (2m) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,732,2218 94.73 (2m) Corrective action ordered by the department of natural
19resources
environmental management. (intro.) The department of natural
20resources
environmental management may take action under s. 292.11 (7) (a) or may
21issue an order under s. 292.11 (7) (c) in response to a discharge only if one or more
22of the following apply:
SB55-ASA1-AA1, s. 2397g 23Section 2397g. 94.73 (2m) (b) of the statutes is amended to read:
SB55-ASA1-AA1,733,3
194.73 (2m) (b) The department of agriculture, trade and consumer protection
2requests the department of natural resources environmental management to take
3the action or issue the order.
SB55-ASA1-AA1, s. 2397h 4Section 2397h. 94.73 (2m) (c) of the statutes is amended to read:
SB55-ASA1-AA1,733,75 94.73 (2m) (c) The secretary of natural resources environmental management
6approves the action or order in advance after notice to the secretary of agriculture,
7trade and consumer protection.
SB55-ASA1-AA1, s. 2397i 8Section 2397i. 94.73 (2m) (d) of the statutes is amended to read:
SB55-ASA1-AA1,733,129 94.73 (2m) (d) The department of natural resources environmental
10management
takes action under s. 292.11 (7) (a) after the responsible person fails to
11comply with an order that was issued under s. 292.11 (7) (c) in compliance with this
12subsection.
SB55-ASA1-AA1, s. 2397j 13Section 2397j. 94.73 (2m) (e) of the statutes is amended to read:
SB55-ASA1-AA1,733,1814 94.73 (2m) (e) The department of natural resources environmental
15management
takes the action or issues the order in compliance with a memorandum
16of understanding under sub. (12) between the department of agriculture, trade and
17consumer protection and the department of natural resources environmental
18management
SB55-ASA1-AA1, s. 2397k 19Section 2397k. 94.73 (3) (d) of the statutes is amended to read:
SB55-ASA1-AA1,733,2220 94.73 (3) (d) The applicant has complied with every corrective action order
21issued to the applicant by the department under sub. (2) or the department of natural
22resources
environmental management under s. 292.11 (7) (c).
SB55-ASA1-AA1, s. 2397L 23Section 2397L. 94.73 (3) (f) of the statutes is amended to read:
SB55-ASA1-AA1,734,224 94.73 (3) (f) The applicant, upon discovery of the discharge, promptly reported
25the discharge to the department or, if the applicant was required to report the

1discharge under s. 292.11 (2), to the department of natural resources environmental
2management
.
SB55-ASA1-AA1, s. 2397n 3Section 2397n. 94.73 (3m) (a) of the statutes is amended to read:
SB55-ASA1-AA1,734,74 94.73 (3m) (a) Costs for corrective action taken in response to a discharge that
5is an intentional use of an agricultural chemical for agricultural purposes, unless the
6corrective action is ordered by the department under sub. (2) or by the department
7of natural resources environmental management under s. 292.11 (7) (c).
SB55-ASA1-AA1, s. 2397p 8Section 2397p. 94.73 (3m) (b) of the statutes is amended to read:
SB55-ASA1-AA1,734,119 94.73 (3m) (b) Costs of reimbursing the department of natural resources
10environmental management for action taken under s. 292.11 (7) (a) or 292.31 (1), (3)
11or (7) because the applicant failed to respond adequately to a discharge.
SB55-ASA1-AA1, s. 2397q 12Section 2397q. 94.73 (3m) (e) of the statutes is amended to read:
SB55-ASA1-AA1,734,1713 94.73 (3m) (e) Costs for corrective action taken in response to a discharge from
14a facility that is required to be licensed under s. 289.31 or that would be required to
15be licensed except that the department of natural resources environmental
16management
has issued a specific exemption under s. 289.43 or rules promulgated
17under s. 289.05 (1) or (2).
SB55-ASA1-AA1, s. 2397r 18Section 2397r. 94.73 (3m) (r) of the statutes is amended to read:
SB55-ASA1-AA1,734,2419 94.73 (3m) (r) The cost of providing alternative sources of drinking water,
20except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible
21person who applies for reimbursement a total of not more than $20,000 for the
22replacement of private wells if the department or the department of natural
23resources
environmental management orders the well replacement in response to a
24discharge.
SB55-ASA1-AA1, s. 2397s 25Section 2397s. 94.73 (4) (b) of the statutes is amended to read:
SB55-ASA1-AA1,735,15
194.73 (4) (b) Except as agreed under sub. (12), the department of agriculture,
2trade and consumer protection shall promptly furnish the department of natural
3resources
environmental management with a copy of each work plan submitted to
4the department of agriculture, trade and consumer protection under par. (a) for
5comment by the department of natural resources environmental management.
6Within 14 days after it receives a copy of a work plan or within a different time period
7agreed to under sub. (12), the department of natural resources environmental
8management
may provide the department of agriculture, trade and consumer
9protection with any comments of the department of natural resources environmental
10management
on the work plan. If the department of natural resources
11environmental management timely submits written comments on a proposed work
12plan, the department of agriculture, trade and consumer protection shall either
13incorporate those comments into the approved work plan or give the department of
14natural resources environmental management a written explanation of why the
15comments were not incorporated.
SB55-ASA1-AA1, s. 2397t 16Section 2397t. 94.73 (9) of the statutes is amended to read:
SB55-ASA1-AA1,735,2217 94.73 (9) Sampling requirements. The department, in cooperation with the
18department of natural resources environmental management, shall establish a
19program for the collection and analysis of soil and other environmental samples at
20sites where discharges may have occurred, including sites required to be registered
21according to rules promulgated by the department of agriculture, trade and
22consumer protection under sub. (11).
SB55-ASA1-AA1, s. 2397u 23Section 2397u. 94.73 (12) of the statutes is amended to read:
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