AB306: Bill Text

LRB-2568/2

RCT:kmg:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 306

April 17, 1997 - Introduced by Representatives Green, Ainsworth, Otte, Goetsch, Sykora, Olsen, Gard, Powers, Hoven, Albers, Hasenohrl and Hahn, cosponsored by Senators Cowles, Schultz and Zien. Referred to Committee on Agriculture.

AB306,2,2 An Act to repeal 20.115 (7) (w), 25.465 (9), 94.64 (3) (c), 94.68 (4) and 94.73 (6) (e); to renumber and amend 94.703 (3) (c); to amend 20.115 (7) (e), 20.115 (7) (h), 20.285 (1) (hm), 25.46 (2), 25.46 (4), 25.46 (4m), 25.46 (4s), 25.465 (1) and (2), 25.465 (3) and (4), 25.465 (5) to (8), 94.64 (3) (b), 94.64 (8m) (a), 94.65 (6) (a) 1., 94.65 (6) (a) 3., 94.68 (1) (intro.), 94.704 (2) (intro.), 94.73 (1) (g), 94.73 (2) (c), 94.73 (3m) (L), 94.73 (3m) (r), 94.73 (4) (a), 94.73 (5) (e), 94.73 (6) (d), 94.73 (8), 94.73 (13) and 287.09 (3) (b); to repeal and recreate 94.64 (4) to (6), 94.68 (2), 94.68 (3), 94.681, 94.685 (2), 94.685 (3), 94.703 (3) (a), 94.704 (3) (a), 94.72 (6) (a), 94.73 (6) (b) and (c) and 94.73 (7); and to create 20.115 (7) (i), 25.465 (2m), 25.465 (4m), 94.64 (3r), 94.64 (6m) and (6p), 94.65 (6) (c), 94.702 (3m), 94.703 (3) (c) 2., 94.704 (3) (c), 94.72 (6) (am) and 94.73 (15) of the statutes; relating to: the agricultural chemical cleanup program, fees related to pesticides, fertilizers and soil and plant additives, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Currently, under the agricultural chemical cleanup program, this state reimburses certain persons for a portion of the costs incurred in cleaning up discharges of agricultural chemicals. The reimbursement is generally equal to 75% of the costs that exceed $7,500 for a person required to have a license related to fertilizer or pesticides, or that exceed $3,000 for any other person, but that do not exceed $100,000. If the cleanup requires groundwater remediation, the person also receives 80% of the costs that exceed $100,000 but that do not exceed $300,000.

This bill increases the amount of reimbursement provided under the agricultural chemical cleanup program. Under this bill, the reimbursement is generally equal to: 1) 80% of the costs that exceed $7,500 for a person who is required to have a license related to fertilizer or pesticides, a person with more than 25 employes or a person with annual sales of more than $2,500,000; or 2) 80% of the costs that exceed $3,000 for any other person, but that do not exceed $400,000. This bill makes several other changes to the agricultural chemical cleanup program, including requiring an applicant to have the department of agriculture, trade and consumer protection (DATCP) approve a work plan if the cleanup costs exceed $7,500, rather than $20,000 as under current law.

Current law requires a person who manufactures or labels pesticides for sale in this state to obtain a license from DATCP. Each licensee must pay DATCP an annual license fee. For each pesticide other than a household pesticide, a licensee must pay DATCP a surcharge that is based on the volume of sales and is deposited in the agrichemical management fund. Household pesticides include disinfectants, insect repellants and house and garden pesticides.

This bill creates a new category of pesticides called industrial pesticides. The bill establishes different license fees for household pesticides, industrial pesticides and other nonhousehold pesticides. A person who manufacturers or labels industrial pesticides is exempt from the surcharge imposed on manufacturers and labelers of other nonhousehold pesticides and that is used to fund the agricultural chemical cleanup program. An industrial pesticide is a pesticide that is not a household pesticide and is either a wood preservative or a pesticide labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks on specified materials, such as paper or textiles, or in paints and fuels, industrial processes, cooling or heating systems, medical equipment or drinking water systems.

This bill divides various fees related to pesticides, fertilizer and soil and plant additives into fees and surcharges. The surcharges are used to fund the agricultural chemical cleanup program. The bill suspends the surcharges for 2 years. The bill also modifies some of the fees.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB306, s. 1 Section 1. 20.115 (7) (e) of the statutes is amended to read:

AB306,3,4 20.115 (7) (e) Agricultural chemical cleanup program; general fund. As a continuing appropriation Biennially, the amounts in the schedule for reimbursement of corrective action costs under s. 94.73.

AB306, s. 2 Section 2. 20.115 (7) (h) of the statutes is amended to read:

AB306,3,13 20.115 (7) (h) Fertilizer research assessments. All moneys collected under s. ss. 94.64 (4) (am) (a) 2. and 94.65 (6) (a) 3. to be used as provided in s. 94.64 (8m) for fertilizer research. From this paragraph, The department may use up to 3.5% of the gross amount collected shall be transferred to the appropriation under sub. (1) (a) as reimbursement for administrative expenses incurred by the department in connection with the moneys collected to collect moneys under s. ss. 94.64 (4) (am) (a) 2. and 94.65 (6) (a) 3. Moneys under this paragraph may not be utilized used for any other research or to influence either state or federal legislation.

AB306, s. 3 Section 3. 20.115 (7) (i) of the statutes is created to read:

AB306,3,19 20.115 (7) (i) Agricultural chemical cleanup reimbursement. All moneys received under ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3) and (6) (a) 4., 94.685 (3) (a) 2., 94.703 (3) (a) 2., 94.704 (3) (a) 2. and 94.73 (5) (e) and (8) and all moneys transferred under 1997 Wisconsin Act .... (this act), section 55 (2 ), for reimbursement of corrective action costs under s. 94.73.

AB306, s. 4 Section 4. 20.115 (7) (w) of the statutes is repealed.

AB306, s. 5 Section 5. 20.285 (1) (hm) of the statutes is amended to read:

AB306,4,2 20.285 (1) (hm) Extension outreach. All moneys collected under s. 94.64 (4) (ar) (a) 3. to be used for university of Wisconsin-extension outreach services.

AB306, s. 6 Section 6. 25.46 (2) of the statutes is amended to read:

AB306,4,5 25.46 (2) The fees imposed under s. 94.64 (4) (an) (a) 4. for groundwater management.

AB306, s. 7 Section 7. 25.46 (4) of the statutes is amended to read:

AB306,4,8 25.46 (4) The moneys specified under s. 94.68 (4) (b), (bm) and (bt) 94.681 (7) (a) 1. and 2. for groundwater management.

AB306, s. 8 Section 8. 25.46 (4m) of the statutes is amended to read:

AB306,4,11 25.46 (4m) The moneys specified under s. 94.68 (4) (c) 94.681 (7) (a) 3. for environmental repair.

AB306, s. 9 Section 9. 25.46 (4s) of the statutes is amended to read:

AB306,4,13 25.46 (4s) The fees imposed under s. 94.681 (4) for environmental repair.

AB306, s. 10 Section 10. 25.465 (1) and (2) of the statutes are amended to read:

AB306,4,16 25.465 (1) The fees imposed collected under s. 94.64 (3) (c), (3m) (b), (3r) (a) and (4) (a) and (d) 1.

AB306,4,18 (2) The fees imposed collected under s. 94.65 (2) (a), (3) (b) and (6) (a) 1. and (b).

AB306, s. 11 Section 11. 25.465 (2m) of the statutes is created to read:

AB306,4,20 25.465 (2m) The fees collected under s. 94.66 (4).

AB306, s. 12 Section 12. 25.465 (3) and (4) of the statutes are amended to read:

AB306,4,23 25.465 (3) The fees and surcharges specified under s. 94.68 (4) (a) collected under s. 94.681 (2), (5) and (6) (a) 3., except as provided in s. 94.681 (7) (a).

AB306,4,24 (4) The fees imposed collected under s. 94.685 (3) (a) 1.

AB306, s. 13 Section 13. 25.465 (4m) of the statutes is created to read:

AB306,5,1 25.465 (4m) The fees collected under s. 94.702 (3).

AB306, s. 14 Section 14. 25.465 (5) to (8) of the statutes are amended to read:

AB306,5,3 25.465 (5) The fees imposed collected under s. 94.703 (3) (a) 1.

AB306,5,4 (6) The fees imposed collected under s. 94.704 (3) (a) 1.

AB306,5,5 (7) The fees imposed collected under s. 94.705 (4) (b).

AB306,5,6 (8) The fees imposed collected under s. 94.72 (5) (b) and (6) (a) and (i).

AB306, s. 15 Section 15. 25.465 (9) of the statutes is repealed.

AB306, s. 16 Section 16. 94.64 (3) (b) of the statutes is amended to read:

AB306,5,14 94.64 (3) (b) An applicant for a license under par. (a) shall submit an application on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall identify the each business location or mobile unit that the applicant uses to manufacture fertilizer in this state. The application shall be accompanied by all applicable fees under par. (c) sub. (3r).