Amendment SSA2-SB409

LRBs0189/1

MCP:cjs

2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 409

January 8, 2024 - Offered by Senator Cowles.

SB409-SSA2,1,2 An Act to create 92.14 (18) of the statutes; relating to: creating an online, interactive carbon calculator for farmers.

Analysis by the Legislative Reference Bureau

This bill requires the Department of Agriculture, Trade and Consumer Protection to develop and maintain, or contract with a nonprofit or certain institutions of higher education to develop or maintain, an online, interactive carbon calculator that can be used by farmers in this state to determine the carbon emissions produced directly and indirectly from their agricultural activities. The bill requires the calculator to be online no later than June 30, 2025. If DATCP contracts with a third party to develop or maintain the calculator, the third party must ensure that all input factor values, calculations, processes, and formulas used in the calculator are transparent and easily accessible by the calculator's users and by DATCP.

Under the bill, information submitted by a user of the carbon calculator, and a user's calculated carbon emissions, must be kept confidential and are not subject to open records requests. In addition, the bill prohibits DATCP, county conservation committees, and any other governmental unit from using any of the information provided to the calculator and users' calculated carbon emissions for any purpose if that information is capable of identifying the farmer or the exact location of the land associated with that information.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB409-SSA2,1 Section 1. 92.14 (18) of the statutes is created to read:

SB409-SSA2,2,9 92.14 (18) Online carbon calculator for farmers. (a) The department shall develop and maintain an online, interactive carbon calculator that may be used by farmers in this state to determine the carbon emissions produced directly and indirectly from their agricultural activities. The calculator shall allow users to input different factors including, at a minimum, soil type, soil history, tillage systems, crops planted, fertilizer and pesticide use, harvest and storage systems, types of livestock, use and distribution of manure, product delivery systems, conservation measures in place, and types of vehicles used.

SB409-SSA2,2,14 (b) The department may contract with a 3rd party that is a nonprofit entity or an institution of higher education, as defined in s. 39.395 (1), to implement this subsection. Any such contract shall require the 3rd party to ensure that all input factor values, calculations, processes, and formulas used in the calculator are transparent and easily accessible by the calculator's users and by the department.

SB409-SSA2,3,2 (c) The department and any contracted 3rd party shall keep confidential all information provided by users and users' calculated carbon emissions. Information provided by a user and a user's calculated carbon emissions are not subject to the right of public inspection and copying under s. 19.35 (1). No governmental unit of this state, including the department and any county conservation committee, may use any of the information provided to the calculator or a user's calculated carbon emissions for any purpose if that information is capable of identifying the farmer or the exact location of the land associated with that information.

SB409-SSA2,2 Section 2. Nonstatutory provisions.

SB409-SSA2,3,6 (1) Deadline. The department of agriculture, trade and consumer protection shall complete and make available online the carbon calculator required under s. 92.14 (18) no later than June 30, 2025.

SB409-SSA2,3,16 (2) Funding request. The department of agriculture, trade and consumer protection shall request under s. 13.101 that the joint committee on finance supplement the appropriation under s. 20.115 (7) (qd) with sufficient funds from the environmental fund for the purpose of developing and maintaining the carbon calculator required under s. 92.14 (18) or for costs associated with contracting with a 3rd party to develop and maintain the carbon calculator under s. 92.14 (18). The committee may supplement that appropriation for that purpose without finding that an emergency exists under s. 13.101 (3) (a) 1. If the department contracts with a 3rd party under s. 92.14 (18), the department may not submit a request for funding under this subsection until the request-for-proposals period is closed.

SB409-SSA2,3,17 (End)