ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 226
June 21, 2017 - Offered by Representatives Mason, Anderson, Hebl, Barca,
Bowen, Brostoff, Crowley, Genrich, Hesselbein, Kessler, Meyers,
Ohnstad, Pope, Sargent, Sinicki, Spreitzer, Subeck, Vruwink and
Zamarripa.
AB226-ASA1,1,10 1An Act to renumber and amend 281.16 (4) and 823.08 (3) (c) 2.; to amend
223.50 (1), 23.65 (1), 92.05 (3) (k), 92.05 (3) (L), 92.07 (2), 92.14 (6) (i) 2., 92.15
3(2), 92.15 (3) (a), 92.15 (4), 93.90 (2) (a), 281.16 (3) (e), 281.65 (4) (e), 281.65 (4c)
4(am) 1. a., 281.75 (7) (a) and 823.08 (3) (c) 1.; and to create 20.370 (4) (ad),
566.0626, 92.04 (2) (m), 92.14 (3) (em), 281.16 (5), 281.163 and 823.08 (3) (c) 2.
6b. of the statutes; relating to: control of nonpoint source water pollution in
7certain areas with carbonate bedrock, local assistance for remediating
8contaminated wells and failing wastewater treatment systems and award
9limits for contaminated well grants, granting rule-making authority, making
10an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Natural Resources and the
Department of Agriculture, Trade and Consumer Protection to promulgate rules to
limit nonpoint source water pollution, that is, water pollution from diffuse sources,
such as construction sites and feedlots.

This substitute amendment requires DNR, in consultation with DATCP, to
promulgate rules to limit pollution of groundwater caused by the spreading of waste
on land, including animal waste, septage, sewage sludge, and industrial waste (land
spreading). Under the substitute amendment, the rules apply to certain areas with
carbonate bedrock that are susceptible to groundwater contamination caused by
land spreading and that are not sufficiently protected by the current rules
concerning nonpoint source water pollution. The substitute amendment also
requires DATCP to make its existing rules concerning nutrient management
consistent with the new DNR rules concerning land spreading on susceptible lands.
To identify the areas for which additional regulation of land spreading is
potentially needed, the substitute amendment requires DNR to identify areas in this
state that exhibit carbonate bedrock characteristics that may cause them to be
susceptible to groundwater contamination from land spreading, including areas that
have carbonate bedrock less than 50 feet from the surface of the land. The substitute
amendment requires DNR to promulgate rules for ranking the land in potentially
susceptible areas into categories according to relative vulnerability to groundwater
contamination from land spreading, based on factors that include bedrock features
and the depth and other characteristics of top soil, and to identify the categories for
which additional regulation is needed.
The substitute amendment requires the county land conservation committee
in a county in which a potentially susceptible area is located to categorize the land
in potentially susceptible areas (as identified by DNR) in the county according to the
rules for ranking those lands. The substitute amendment provides a process for a
landowner or other person, including DNR or DATCP, to obtain a review of a land
conservation committee's categorization of land. The substitute amendment also
requires DATCP to produce maps that show land that is categorized under this
process, by category, and to post those maps on its Internet site.
The substitute amendment authorizes DNR to enforce the rules concerning
land spreading on susceptible lands by issuing citations, which are similar to traffic
tickets. A district attorney may also proceed against a person who violates the rules.
The rules promulgated by DNR and DATCP under current law to limit nonpoint
source water pollution, as described above, do not apply to an agricultural facility or
practice that was in existence before October 14, 1997, unless financial assistance
is available to pay a portion of the cost of complying with the rules.
Under this substitute amendment, the rules to limit nonpoint source water
pollution apply to an agricultural facility or practice, in a county in which a
potentially susceptible area is located, that was in existence before October 14, 1997,
without regard to whether financial assistance is available, if the facility or practice
is on land categorized in a category that has heightened vulnerability to groundwater
contamination and is in an area with a level of groundwater contamination that may
affect public health, as determined under rules promulgated by DNR.
This substitute amendment also provides that a city, village, town, or county
may remediate a contaminated private well, fill and seal a contaminated well, or
rehabilitate, replace, or abandon a failing private on-site wastewater treatment
system, in agreement with the owner of the well or wastewater treatment system,

or may make a low-interest or interest-free loan to the owner of a contaminated well
or failing wastewater treatment system for these purposes. Under the substitute
amendment, if a political subdivision takes any of these actions or provides a loan
for these purposes, the political subdivision may recover the costs of the action or
collect the loan repayment as a special charge or special assessment.
This substitute amendment also increases the limit on the amount of a grant
awarded under this state's well compensation grant program. Under current law, an
individual owner or renter of a contaminated private well may apply for a grant from
DNR to cover a portion of the costs to treat the water, reconstruct the well, construct
a new well, connect to a public water supply, or fill and seal (abandon) the well. A
grant awarded under the program may not exceed 75 percent of a project's eligible
costs and may not cover any part of a project's eligible costs that exceeds $12,000,
which means that a grant may not exceed $9,000. This substitute amendment
increases the grant award limit to 75 percent of $16,000, which means that a grant
under the substitute amendment may not exceed $12,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB226-ASA1,1 1Section 1. 20.370 (4) (ad) of the statutes is created to read:
AB226-ASA1,3,42 20.370 (4) (ad) Water resources - groundwater; Door and Kewaunee counties.
3From the general fund, a sum sufficient for staff salaries to enforce and administer
4the environmental provisions under ch. 160 in Door County and Kewaunee County.
AB226-ASA1,2 5Section 2 . 23.50 (1) of the statutes is amended to read:
AB226-ASA1,4,36 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
7court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
8for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.163 (5), 281.48 (2)
9to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64
10(2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
11administrative rules promulgated thereunder, violations specified under s. 280.98
12(2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s.
13281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal,
14violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),

1violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
2enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a),
3or 30.77.
AB226-ASA1,3 4Section 3 . 23.65 (1) of the statutes is amended to read:
AB226-ASA1,4,115 23.65 (1) When it appears to the district attorney that a violation of s. 90.21,
6134.60, 281.163 (5), 281.36, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and
7(4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169,
8or 350, or any administrative rule promulgated pursuant thereto, a violation
9specified under s. 285.86, or a violation of ch. 951, if the animal involved is a captive
10wild animal, has been committed the district attorney may proceed by complaint and
11summons.
AB226-ASA1,4 12Section 4 . 66.0626 of the statutes is created to read:
AB226-ASA1,4,14 1366.0626 Special assessments or charges for contaminated well or
14wastewater system loans.
(1) In this section:
AB226-ASA1,4,1615 (a) “Contaminated private water supply” has the meaning provided in s. 281.75
16(1) (b).
AB226-ASA1,4,1817 (b) “Failing private on-site wastewater treatment system" has the meaning
18provided in s. 145.245 (4).
AB226-ASA1,4,1919 (c) “Political subdivision" means a city, village, town, or county.
AB226-ASA1,4,2120 (d) “Private on-site wastewater treatment system" has the meaning provided
21in s. 145.01 (12).
AB226-ASA1,4,2222 (e) “Private water supply” has the meaning provided in s. 281.75 (1) (f).
AB226-ASA1,4,2323 (f) “Well subject to abandonment” has the meaning provided in s. 281.75 (1) (i).
AB226-ASA1,5,14 24(2) A political subdivision or its designee may, with the agreement of the owner
25of the private water supply, well, or wastewater treatment system, remediate a

1contaminated private water supply, fill and seal a well subject to abandonment, or
2rehabilitate, replace, or abandon a failing private on-site wastewater treatment
3system, that is located in the political subdivision, or may make a loan at or below
4the market interest rate, as defined in s. 281.59 (1) (b), including an interest-free
5loan, to the owner of a contaminated private water supply, a well subject to
6abandonment, or a failing private on-site wastewater treatment system, that is
7located in the political subdivision, for those purposes. If a political subdivision takes
8any of the actions under this subsection, the political subdivision may, as a special
9charge under s. 66.0627 or special assessment under s. 66.0703, recover the costs of
10the remediation, the filling and sealing, or the rehabilitation, replacement, or
11abandonment, or collect the loan repayment. Notwithstanding s. 66.0627 (4), a
12special charge imposed under this subsection may be collected in installments and
13may be included in the current or next tax roll for collection and settlement under
14ch. 74 even if the special charge is not delinquent.
AB226-ASA1,5 15Section 5. 92.04 (2) (m) of the statutes is created to read:
AB226-ASA1,5,2016 92.04 (2) (m) Review of carbonate bedrock area determinations. The board shall
17review and affirm or reverse decisions of county land conservation committees under
18s. 281.163 (4) (b) when review is requested under s. 281.163 (4) (c). Under this
19paragraph, the board may conduct an informal hearing that is not a contested case
20under ch. 227.
AB226-ASA1,6 21Section 6. 92.05 (3) (k) of the statutes is amended to read:
AB226-ASA1,6,222 92.05 (3) (k) Nutrient management rules. The department shall promulgate
23rules to improve agricultural nutrient management in this state. The rules shall be
24consistent with rules promulgated under s. 281.16 (3) and, for lands categorized
25under s. 281.163 (4) in categories identified under s. 281.163 (5) (a), with rules

1promulgated under s. 281.163 (5) (b)
and shall include incentives, educational and
2outreach provisions and compliance requirements.
AB226-ASA1,7 3Section 7. 92.05 (3) (L) of the statutes is amended to read:
AB226-ASA1,6,124 92.05 (3) (L) Technical assistance; performance standards. The department
5shall provide technical assistance to county land conservation committees and local
6units of government for the development of ordinances that implement standards
7adopted under s. 92.07 (2), 92.15 (2) or (3) or 281.16 (3) and, for lands categorized
8under s. 281.163 (4) in categories identified under s. 281.163 (5) (a), that implement
9standards adopted under s. 281.163 (5) (b)
. The department's technical assistance
10shall include preparing model ordinances, providing data concerning the standards
11and reviewing draft ordinances to determine whether the draft ordinances comply
12with applicable statutes and rules.
AB226-ASA1,8 13Section 8. 92.07 (2) of the statutes is amended to read:
AB226-ASA1,7,914 92.07 (2) Standards. Each land conservation committee may develop and
15adopt standards and specifications for management practices to control erosion,
16sedimentation and nonpoint source water pollution. The standards and
17specifications for agricultural facilities and practices that are constructed or begun
18on or after October 14, 1997, and, if cost-sharing is available to the owner or operator
19under s. 92.14 or 281.65 or from any other source, for agricultural facilities and
20practices that are constructed or begun before that date shall be consistent with the
21performance standards, prohibitions, conservation practices, and technical
22standards under s. 281.16 (3) and, for agricultural facilities and practices on land
23categorized under s. 281.163 (4) in a category identified under s. 281.163 (5) (a), with
24the performance standards and prohibitions under s. 281.163 (5) (b)
. The land
25conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to

1determine whether cost-sharing is available. The standards and specifications for
2agricultural facilities or practices that are located on land that is categorized under
3s. 281.163 (4) in a category designated under s. 281.16 (5) (b) 1. as having heightened
4vulnerability to groundwater contamination and is in an area with characteristics
5specified under s. 281.16 (5) (b) 2. that indicate a level of groundwater contamination
6that affects public health shall be consistent with the performance standards,
7prohibitions, conservation practices, and technical standards under s. 281.16 (3) and
8with the performance standards and prohibitions under s. 281.163 (5) (b), without
9regard to when the agricultural facilities or practices are constructed or begun.
AB226-ASA1,9 10Section 9. 92.14 (3) (em) of the statutes is created to read:
AB226-ASA1,7,1311 92.14 (3) (em) Grants to farmers for implementing land and water resource
12management projects on lands categorized under s. 281.163 (4) undertaken to
13comply with the requirements under s. 281.163 (5) (b).
AB226-ASA1,10 14Section 10. 92.14 (6) (i) 2. of the statutes is amended to read:
AB226-ASA1,7,1915 92.14 (6) (i) 2. Conduct all land management and pollutant management
16activities in substantial accordance with the performance standards, prohibitions,
17conservation practices, and technical standards under s. 281.16 and, if applicable,
18under s. 281.163 (5) (b)
and with plans approved under this section, under s. 92.15,
191985 stats., and under ss. 92.10 and 281.65, or to repay the cost-sharing funds.
AB226-ASA1,11 20Section 11. 92.15 (2) of the statutes is amended to read:
AB226-ASA1,8,221 92.15 (2) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may
22enact regulations of livestock operations that are consistent with and do not exceed
23the performance standards, prohibitions, conservation practices, and technical
24standards under s. 281.16 (3) and, for livestock operations on lands categorized

1under s. 281.163 (4) in categories identified under s. 281.163 (5) (a), the prohibitions
2and performance standards under s. 281.163 (5) (b)
.
AB226-ASA1,12 3Section 12. 92.15 (3) (a) of the statutes is amended to read:
AB226-ASA1,8,124 92.15 (3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit
5may enact regulations of livestock operations that exceed the performance
6standards, prohibitions, conservation practices, and technical standards under s.
7281.16 (3) and, for livestock operations on land categorized under s. 281.163 (4) in
8categories identified under s. 281.163 (5) (a), the prohibitions and performance
9standards under s. 281.163 (5) (b)
only if the local governmental unit demonstrates
10to the satisfaction of the department of agriculture, trade and consumer protection
11or the department of natural resources that the regulations are necessary to achieve
12water quality standards under s. 281.15.
AB226-ASA1,13 13Section 13. 92.15 (4) of the statutes is amended to read:
AB226-ASA1,8,2214 92.15 (4) A local governmental unit may not apply a regulation under sub. (2)
15or (3) to a livestock operation that exists on October 14, 1997, unless the local
16governmental unit determines, using the rules promulgated under s. 281.16 (3) (e),
17that cost-sharing is available to the owner or operator of the livestock operation
18under s. 92.14 or 281.65 or from any other source or the livestock operation is located
19on land that is categorized under s. 281.163 (4) in a category designated under s.
20281.16 (5) (b) 1. as having heightened vulnerability to groundwater contamination
21and is in an area with characteristics specified under s. 281.16 (5) (b) 2. that indicate
22a level of groundwater contamination that affects public health
.
AB226-ASA1,14 23Section 14. 93.90 (2) (a) of the statutes is amended to read:
AB226-ASA1,9,724 93.90 (2) (a) For the purposes of this section, the department shall promulgate
25rules specifying standards for siting and expanding livestock facilities. In

1promulgating the rules, the department may incorporate by cross-reference
2provisions contained in rules promulgated under ss. 92.05 (3) (c) and (k), 92.14 (8),
392.16, and 281.16 (3) and ch. 283 and, for lands to which the rules promulgated under
4s. 281.163 (5) (b) apply, in those rules
. The department may not promulgate rules
5under this paragraph that conflict with rules promulgated under s. 92.05 (3) (c) or
6(k), 92.14 (8), 92.16, or 281.16 (3) or ch. 283 or, for lands to which the rules
7promulgated under s. 281.163 (5) (b) apply, with those rules
.
AB226-ASA1,15 8Section 15. 281.16 (3) (e) of the statutes is amended to read:
AB226-ASA1,9,259 281.16 (3) (e) An Except as provided in sub. (5) (a), an owner or operator of an
10agricultural facility or practice that is in existence before October 14, 1997, may not
11be required by this state or a municipality to comply with the performance standards,
12prohibitions, conservation practices or technical standards under this subsection
13unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source,
14to the owner or operator. For the purposes of this paragraph, sub. (4) (b) and ss. 92.07
15(2), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall
16promulgate rules that specify criteria for determining whether cost-sharing is
17available under s. 281.65 and the department of agriculture, trade and consumer
18protection shall promulgate rules that specify criteria for determining whether
19cost-sharing is available under s. 92.14 or from any other source. The rules may not
20allow a determination that cost-sharing is available to meet local regulations under
21s. 92.07 (2) or 92.15 that are consistent with or that exceed the performance
22standards, prohibitions, conservation practices or technical standards under this
23subsection unless the cost-sharing is at least 70 percent of the cost of compliance or
24is from 70 percent to 90 percent of the cost of compliance in cases of economic
25hardship, as defined in the rules.
AB226-ASA1,16
1Section 16. 281.16 (4) of the statutes is renumbered 281.16 (4) (a) and
2amended to read:
AB226-ASA1,10,63 281.16 (4) (a) If the department issues a notice of discharge under ch. 283 for
4an animal feeding operation, the performance standards, prohibitions, conservation
5practices and technical standards under sub. (3) apply to the animal feeding
6operation, except that if the as provided in par. (b).
AB226-ASA1,10,12 7(b) If an animal feeding operation for which the department issues a notice of
8discharge under ch. 283
is in existence before October 14, 1997, the performance
9standards, prohibitions, conservation practices and technical standards only apply
10if the department determines that cost-sharing is available to the owner or operator
11of the animal feeding operation under s. 92.14 or 281.65 or from any other source,
12except as provided in sub. (5) (a)
.
AB226-ASA1,17 13Section 17. 281.16 (5) of the statutes is created to read:
AB226-ASA1,10,1914 281.16 (5) Application in carbonate bedrock areas. (a) Subsections (3) (e) and
15(4) (b) do not apply to an agricultural facility or practice or animal feeding operation
16that is located on land that is categorized under s. 281.163 (4) in a category
17designated under par. (b) 1. as having heightened vulnerability to groundwater
18contamination and is in an area with characteristics specified under par. (b) 2. that
19indicate a level of groundwater contamination that affects public health.
AB226-ASA1,10,2120 (b) The department shall promulgate rules that do all of the following for the
21purposes of par. (a) and ss. 92.07 (2), 92.15 (4), and 823.08 (3) (c):
AB226-ASA1,10,2322 1. Designate the categories under s. 281.163 (3) (a) that have heightened
23vulnerability to groundwater contamination.
AB226-ASA1,11,224 2. Specify the characteristics that indicate levels of groundwater
25contamination that affect public health, such as the existence in an area of a well in

1which the concentration of contaminants exceeds a preventive action limit, as
2defined in s. 160.01 (6).
AB226-ASA1,18 3Section 18. 281.163 of the statutes is created to read:
AB226-ASA1,11,5 4281.163 Water quality protection; carbonate bedrock areas. (1)
5Definitions. In this section:
AB226-ASA1,11,96 (a) “Land spreading" means spreading animal waste, septage, sewage sludge,
7industrial waste, or any other type of solid waste on the surface of the land or
8incorporating animal waste, septage, sewage sludge, industrial waste, or any other
9type of solid waste into the surface layers of the soil.
AB226-ASA1,11,1110 (b) “Potentially susceptible area" means an area identified by the department
11under sub. (2).
AB226-ASA1,11,1212 (c) “Septage" has the meaning given in s. 281.48 (2) (d).
AB226-ASA1,11,19 13(2) Identification of potentially susceptible areas. Using information
14available to it, the department shall identify areas in this state that exhibit
15carbonate bedrock characteristics that may cause the areas to be susceptible to
16groundwater contamination from land spreading. At a minimum, the department
17shall identify an area under this subsection if the area has carbonate bedrock less
18than 50 feet from the surface of the land, as shown by bedrock maps produced by the
19geological and natural history survey and other maps identified by the department.
AB226-ASA1,11,23 20(3) Rules for vulnerability ranking of land in potentially susceptible
21areas.
(a) The department shall promulgate rules for ranking the land in potentially
22susceptible areas by categories according to relative vulnerability to groundwater
23contamination from land spreading, based on factors that include all of the following:
AB226-ASA1,11,2424 1. Bedrock features.
AB226-ASA1,11,2525 2. Depth and other characteristics of top soil.
AB226-ASA1,12,2
13. Whether the department has declared the land to be an area of special
2eligibility for compensation for well contamination under s. 281.75 (2) (e).
AB226-ASA1,12,43 4. Whether the department has established the land as a special well casing
4pipe depth area under ch. NR 812, Wis. Adm. Code.
AB226-ASA1,12,65 (b) In the rules under par. (a), the department shall identify types of uses of land
6that cause land spreading on the land to be impossible or impracticable.
AB226-ASA1,12,11 7(4) Categorizing potentially susceptible land. (a) The county land
8conservation committee in a county in which a potentially susceptible area is located
9shall categorize all land in potentially susceptible areas in the county, except for land
10that is in a land use identified under sub. (3) (b), in accordance with the rules under
11sub. (3) (a).
AB226-ASA1,12,1612 (b) 1. The owner of land categorized under par. (a), the department of natural
13resources, the department of agriculture, trade and consumer protection, an
14organization, or any other person may request a county land conservation committee
15to review the categorization of land under par. (a) based on site-specific information
16showing the categorization to be inconsistent with the rules under sub. (3).
AB226-ASA1,12,2417 2. A county land conservation committee receiving a request under subd. 1.
18shall conduct an informal hearing on the request. A county land conservation
19committee shall provide public notice of a request under this subdivision. Section
2068.11 (2) does not apply to the hearing. The county land conservation committee
21shall provide reasonable notice of the hearing to the person requesting the review;
22the owner of the land, if the owner did not request the review; the department of
23natural resources; and the department of agriculture, trade and consumer
24protection.
AB226-ASA1,13,6
1(c) The owner of land categorized under par. (a), the department of natural
2resources, the department of agriculture, trade and consumer protection, an
3organization, or any other person may obtain a review of the decision of a county land
4conservation committee under par. (b) by filing a written request with the land and
5water conservation board within 60 days after the day on which the county land
6conservation committee issues the decision.
AB226-ASA1,13,137 (d) The owner of land categorized under par. (a), the department of natural
8resources, the department of agriculture, trade and consumer protection, the county
9in which the land is located, an organization, or any other person may request a
10contested case hearing under ch. 227 to review the decision of the land and water
11conservation board under par. (c) by filing a written request with the department of
12natural resources within 60 days after receiving an adverse decision of the land and
13water conservation board.
AB226-ASA1,13,21 14(4m) Mapping of potentially susceptible land. The department of
15agriculture, trade and consumer protection, in cooperation with county land
16conservation committees, the natural resources conservation service of the federal
17department of agriculture, the University of Wisconsin-Madison department of soil
18science, the geological and natural history survey, and the department of natural
19resources, shall indicate land categorized under sub. (4), by category, on maps that
20also show areas in which nutrient applications are restricted under ss. 92.05 (3) (k)
21and 281.16 (3) and shall post the maps on its Internet site.
AB226-ASA1,13,24 22(5) Regulation. The department of natural resources, in consultation with the
23department of agriculture, trade and consumer protection, shall promulgate rules
24that do all of the following:
AB226-ASA1,14,3
1(a) Identify the categories under sub. (3) (a) of potentially susceptible land for
2which regulation of land spreading activities, in addition to regulation under s.
3281.16, is needed to prevent or minimize nonpoint source pollution of groundwater.
AB226-ASA1,14,64 (b) Prescribe performance standards and prohibitions to prevent or minimize
5nonpoint source pollution of groundwater from land spreading on land in the
6categories identified under par. (a).
AB226-ASA1,14,9 7(6) Enforcement. (a) The department may follow the procedures for the
8issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture under s. 281.98
9(1) for a violation of rules promulgated under sub. (5).
AB226-ASA1,14,1210 (b) A county land conservation committee may request the district attorney of
11the county to exercise the district attorney's authority to proceed under s. 23.65
12against a person for a violation of rules promulgated under sub. (5).
AB226-ASA1,19 13Section 19. 281.65 (4) (e) of the statutes is amended to read:
AB226-ASA1,15,514 281.65 (4) (e) Promulgate rules, in consultation with the department of
15agriculture, trade and consumer protection, as are necessary for the proper
16execution and administration of the program under this section. Before
17promulgating rules under this paragraph, the department shall submit the rules to
18the land and water conservation board for review under sub. (3) (at). The rules shall
19include standards and specifications concerning best management practices which
20are required for eligibility for cost-sharing grants under this section. The standards
21and specifications shall be consistent with the performance standards, prohibitions,
22conservation practices and technical standards under s. 281.16 and under s. 281.163
23(5) (b), where applicable
. The department may waive the standards and
24specifications in exceptional cases. The rules shall specify which best management
25practices are cost-effective best management practices. Only persons involved in the

1administration of the program under this section, persons who are grant recipients
2or applicants and persons who receive notices of intent to issue orders under s. 281.20
3(1) (b) are subject to the rules promulgated under this paragraph. Any rule
4promulgated under this paragraph which relates or pertains to agricultural
5practices relating to animal waste handling and treatment is subject to s. 13.565.
AB226-ASA1,20 6Section 20. 281.65 (4c) (am) 1. a. of the statutes is amended to read:
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