SB445, s. 5 10Section 5. 20.285 (1) (eb) of the statutes is created to read:
SB445,7,1211 20.285 (1) (eb) Sustainable agriculture research grants. The amounts in the
12schedule for sustainable agriculture research grants under s. 36.25 (16).
SB445, s. 6 13Section 6. 20.370 (4) (ai) of the statutes is created to read:
SB445,7,1614 20.370 (4) (ai) Water resources — animal feeding operations. From the general
15fund, all moneys received under s. 283.38 for permitting and monitoring compliance
16of concentrated animal feeding operations.
SB445, s. 7 17Section 7. 36.25 (16) of the statutes is created to read:
SB445,8,418 36.25 (16) Sustainable agriculture research grants. The board shall
19administer a sustainable agriculture research grant program through the center for

1integrated agriculture systems to make grants for applied research and on-farm
2demonstration projects concerning managed grazing, organic agricultural
3production, other environmentally and socially responsible agricultural production,
4and related enterprises.
SB445, s. 8 5Section 8. 92.03 (5m) of the statutes is created to read:
SB445,8,76 92.03 (5m) "Large animal feeding operation" has the meaning given in s. NR
7243.04 (13), Wis. Adm. Code.
SB445, s. 9 8Section 9. 92.05 (3) (k) of the statutes is amended to read:
SB445,8,179 92.05 (3) (k) Nutrient management rules. The department shall promulgate
10rules to improve agricultural nutrient management in this state. The rules shall be
11consistent with rules promulgated under s. 281.16 (3) and shall include incentives,
12educational and outreach provisions, and compliance requirements. In the rules
13promulgated under this paragraph, the department shall provide for a nutrient
14management certification program, shall require a person who prepares a nutrient
15management plan to be certified by the department, and shall authorize farmers who
16choose to prepare their own nutrient management plans to become certified. The
17department may impose fees for nutrient management planning certification.
SB445, s. 10 18Section 10. 92.07 (2) of the statutes is renumbered 92.07 (2) (a) (intro.) and
19amended to read:
SB445,9,320 92.07 (2) (a) (intro.) Each land conservation committee may develop and adopt
21standards and specifications for management practices to control erosion,
22sedimentation, and nonpoint source water pollution. The standards and
23specifications for the following agricultural facilities and practices that are
24constructed or begun on or after October 14, 1997, and, if cost-sharing is available
25to the owner or operator under s. 92.14 or 281.65 or from any other source, for

1agricultural facilities and practices that are constructed or begun before that date

2shall be consistent with the performance standards, prohibitions, conservation
3practices, and technical standards under s. 281.16 (3).:
SB445,9,5 4(b) The land conservation committee shall use the rules promulgated under s.
5281.16 (3) (e) to determine whether cost-sharing is available under par. (a) 3.
SB445, s. 11 6Section 11. 92.07 (2) (a) 1. to 3. of the statutes are created to read:
SB445,9,77 92.07 (2) (a) 1. Large animal feeding operations.
SB445,9,98 2. Agricultural facilities and practices that are constructed or begun on or after
9October 14, 1997.
SB445,9,1210 3. Agricultural facilities and practices, other than large animal feeding
11operations, that are constructed or begun before October 14, 1997, if cost-sharing is
12available to the owner or operator under s. 92.14 or 281.65 or from any other source.
SB445, s. 12 13Section 12. 92.105 (1) of the statutes is renumbered 92.105 (1) (a) (intro.) and
14amended to read:
SB445,9,2115 92.105 (1) (a) (intro.) A land conservation committee shall establish soil and
16water conservation standards. The standards for the following agricultural facilities
17and practices that are constructed or begun on or after October 14, 1997, and, if
18cost-sharing is available to the farmer under s. 92.14 or 281.65 or from any other
19source, for agricultural facilities and practices that are constructed or begun before
20that date
shall be consistent with the performance standards, prohibitions,
21conservation practices, and technical standards under s. 281.16 (3). It:
SB445,9,23 22(b) A land conservation committee shall submit these the standards under par.
23(a)
to the board for review.
SB445, s. 13 24Section 13. 92.105 (1) (a) 1. to 3. of the statutes are created to read:
SB445,9,2525 92.105 (1) (a) 1. Large animal feeding operations.
SB445,10,2
12. Agricultural facilities and practices that are constructed or begun on or after
2October 14, 1997.
SB445,10,53 3. Agricultural facilities and practices, other than large animal feeding
4operations, that are constructed or begun before October 14, 1997, if cost-sharing is
5available to the owner or operator under s. 92.14 or 281.65 or from any other source.
SB445, s. 14 6Section 14. 92.14 (6) (gm) of the statutes is amended to read:
SB445,10,117 92.14 (6) (gm) A county may not provide cost-sharing funds using funds
8provided under this section in an amount that exceeds 70% of the cost of a project,
9except in cases of economic hardship, as defined by the department by rule. A county
10may not provide cost-sharing funds using funds provided under this section in an
11amount that exceeds $50,000 per project.
SB445, s. 15 12Section 15. 92.15 (4) of the statutes is amended to read:
SB445,10,1813 92.15 (4) A local governmental unit may not apply a regulation under sub. (2)
14or (3) to a livestock operation that exists on October 14, 1997, and that is not a large
15animal feeding operation
unless the local governmental unit determines, using the
16rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner
17or operator of the livestock operation under s. 92.14 or 281.65 or from any other
18source.
SB445, s. 16 19Section 16. 92.22 of the statutes is created to read:
SB445,10,24 2092.22 Nutrient management grants. (1) The department shall establish
21and administer a program to provide grants to pay a portion of the costs of developing
22and implementing agricultural nutrient management plans required under s. 92.05
23(3) (k) or ch. 283 or required by federal law. The department shall give priority to
24grants for agricultural operations that have never had a nutrient management plan.
SB445,10,25 25(2) The department shall promulgate rules for the program under this section.
SB445, s. 17
1Section 17. 93.07 (3m) of the statutes is created to read:
SB445,11,32 93.07 (3m) Buy Wisconsin program. To administer a market development
3program to do all of the following:
SB445,11,64 (a) Promote a Wisconsin identity for farm-raised food products through
5producer directories and other promotions for Wisconsin producers, producer
6organizations, and specialty food companies.
SB445,11,107 (b) Assist state agencies and school districts and other local governmental units
8to purchase products directly from Wisconsin producers, producer organizations,
9and specialty food companies in order to expand markets for farm products and
10improve the quality and freshness of food served.
SB445, s. 18 11Section 18. 93.45 of the statutes is created to read:
SB445,11,15 1293.45 Organic agricultural production. (1) Education and outreach. The
13department shall conduct education and outreach to promote the use of managed
14grazing, organic dairying, and other organic agricultural production practices as
15profitable and environmentally sound practices.
SB445,11,18 16(2) Grants. The department shall make grants to pay a portion of the costs for
17farmers to adopt managed grazing, organic dairying, and other organic agricultural
18production practices.
SB445, s. 19 19Section 19. 93.46 (3) of the statutes is created to read:
SB445,11,2120 93.46 (3) The department shall annually report to the legislature under s.
2113.172 (2) concerning the results of each grant made under this section.
SB445, s. 20 22Section 20. 100.185 of the statutes is created to read:
SB445,11,24 23100.185 Documentation of agricultural credit transactions. (1)
24Definitions. In this section:
SB445,12,3
1(a) "Agricultural purpose" means a purpose related to the production, harvest,
2exhibition, marketing, transportation, processing, or manufacture of farm products
3by a person that cultivates, plants, propagates, or nurtures those farm products.
SB445,12,54 (b) "Credit" means the right to defer payment of debt, to incur debt, and defer
5its payment or to purchase goods, services, or interests in land on a time price basis.
SB445,12,96 (c) "Credit transaction" means a transaction under which real or personal
7property, services or money is acquired by a person, on credit, and under which the
8person is required to pay a charge for the credit or is required to pay his or her
9obligation in installments.
SB445,12,1110 (d) "Farm creditor" means a person that extends credit to another person that
11obtains the credit primarily for an agricultural purpose.
SB445,12,1512 (e) "Farm product" means an agricultural, horticultural, viticultural, dairy, or
13forest product; livestock; wildlife; poultry; bees; fish; shellfish; a product raised or
14produced on a farm; and any processed or manufactured product that is derived from
15any of these items.
SB445,12,23 16(2) Documentation required. A farm creditor shall ensure that each document
17that is signed by a person and that evidences the person's obligation to pay under a
18credit transaction that the person enters into primarily for an agricultural purpose
19is executed in duplicate original copies. Except as provided under sub. (3), the
20duplicate original copies shall consist of a signed copy and an identical carbon copy
21containing the carbon impression of all signatures on the signed copy. The farm
22creditor shall provide the person that receives the credit with one of the duplicate
23original copies.
SB445,13,3
1(3) Rules. The department may, by rule, authorize the production of duplicate
2original copies as required under sub. (2) by any method that is at least as effective
3at preventing fraud as the method specified under sub. (2).
SB445, s. 21 4Section 21. 234.92 of the statutes is renumbered 234.92 (1) and amended to
5read:
SB445,13,86 234.92 (1) The authority may establish premiums, fees , or other charges for
7providing financial assistance under programs guaranteed by the Wisconsin
8development reserve fund.
SB445, s. 22 9Section 22. 234.92 (2) of the statutes is created to read:
SB445,13,1110 234.92 (2) Notwithstanding sub. (1), the authority may not charge a farmer
11applying for a loan guarantee under the program under s. 234.90 an application fee.
SB445, s. 23 12Section 23. 234.93 (2) (am) of the statutes is created to read:
SB445,13,1813 234.93 (2) (am) Under every guarantee agreement entered into under par. (a),
14the lender shall agree to use loan servicing and forbearance policies to the fullest
15extent required or permitted under state and federal law before initiating
16proceedings to foreclose on any security interest obtained by the lender to secure
17repayment of a guaranteed loan. The authority may determine, and the agreement
18may specify, applicable loan servicing and forbearance policies.
SB445, s. 24 19Section 24. 281.16 (3) (e) of the statutes is amended to read:
SB445,14,1220 281.16 (3) (e) An owner or operator of an agricultural facility or practice that
21is in existence before October 14, 1997, and that is not a large animal feeding
22operation, as defined in s. NR 243.04 (13), Wis. Adm. Code,
may not be required by
23this state or a municipality to comply with the performance standards, prohibitions,
24conservation practices, or technical standards under this subsection unless
25cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the

1owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2),
292.105 (1), 92.15 (4), and 823.08 (3) (c) 2., the department of natural resources shall
3promulgate rules that specify criteria for determining whether cost-sharing is
4available under s. 281.65, and the department of agriculture, trade and consumer
5protection shall promulgate rules that specify criteria for determining whether
6cost-sharing is available under s. 92.14 or from any other source. The rules may not
7allow a determination that cost-sharing is available to meet local regulations under
8s. 92.07 (2), 92.105 (1), or 92.15 that are consistent with or that exceed the
9performance standards, prohibitions, conservation practices, or technical standards
10under this subsection unless the cost-sharing is at least 70% of the cost of compliance
11or is from 70% to 90% of the cost of compliance in cases of economic hardship, as
12defined in the rules.
SB445, s. 25 13Section 25. 281.16 (4) of the statutes is amended to read:
SB445,14,2214 281.16 (4) Application to animal feeding operations. If the department issues
15a notice of discharge under ch. 283 for an animal feeding operation, the performance
16standards, prohibitions, conservation practices, and technical standards under sub.
17(3) apply to the animal feeding operation, except that if the animal feeding operation
18is in existence before October 14, 1997, and is not a large animal feeding operation,
19as defined in s. NR 243.04 (13), Wis. Adm. Code,
the performance standards,
20prohibitions, conservation practices, and technical standards only apply if the
21department determines that cost-sharing is available to the owner or operator of the
22animal feeding operation under s. 92.14 or 281.65 or from any other source.
SB445, s. 26 23Section 26. 281.17 (11) of the statutes is created to read:
SB445,15,724 281.17 (11) No person may begin to operate an animal waste storage facility
25with a capacity greater than 3,000,000 gallons before the person provides to the

1department proof of financial responsibility ensuring the availability of funds to
2cover the reasonably anticipated costs of remedial action that would be required as
3the result of the most harmful discharge of animal waste from the animal waste
4storage facility that could possibly occur. A person may establish proof of financial
5responsibility required under this subsection by obtaining any of the following made
6payable to or established for the benefit of the department and approved by the
7department:
SB445,15,88 (a) A bond.
SB445,15,99 (b) A deposit.
SB445,15,1010 (c) An established escrow account.
SB445,15,1111 (d) An irrevocable letter of credit.
SB445, s. 27 12Section 27. 281.18 of the statutes is created to read:
SB445,15,17 13281.18 Location of animal waste storage lagoons. No person may begin
14construction of an animal waste storage lagoon after the effective date of this
15subsection .... [revisor inserts date], on land that is hydraulically connected to a
16stream that is classified as a Class I, Class II, or Class III trout stream under s. 23.09
17(2) (m).
SB445, s. 28 18Section 28. 283.01 (6s) of the statutes is created to read:
SB445,15,2019 283.01 (6s) "Large animal feeding operation" has the meaning in s. NR 243.04
20(13), Wis. Adm. Code.
SB445, s. 29 21Section 29. 283.31 (1m) of the statutes is created to read:
SB445,16,222 283.31 (1m) No person may establish a large animal feeding operation after
23the effective date of this subsection .... [revisor inserts date], or expand an animal
24feeding operation after the effective date of this subsection .... [revisor inserts date],

1so that it becomes a large animal feeding operation until the person has obtained a
2permit under this subsection.
SB445, s. 30 3Section 30. 283.31 (9) of the statutes is created to read:
SB445,16,44 283.31 (9) (a) In this subsection:
SB445,16,85 1. "Livestock integrator" means a person who provides livestock to the operator
6of a livestock operation and who either has an ownership interest in the livestock or
7establishes management and production standards to be followed by the operator for
8the maintenance, care, and raising of the livestock.
SB445,16,99 2. "Livestock operation" has the meaning given in s. 281.16 (1) (c).
SB445,16,1010 3. "Ownership interest" includes a right or option to purchase.
SB445,16,1611 (b) 1. If a livestock integrator exercises substantial control over the operations
12of a livestock operation for which a permit is required under this section, the
13department shall issue the permit in the name of the livestock integrator and the
14owner or operator of the livestock operation, and the livestock integrator and the
15owner or operator of the livestock operation are jointly responsible under s. 283.91
16for any violation of the permit.
SB445,16,1917 2. The owner or operator of a livestock operation for which a permit is required
18under this section shall provide the department with any information that the
19department determines is necessary to determine whether subd. 1. applies.
SB445, s. 31 20Section 31. 283.38 of the statutes is created to read:
SB445,16,22 21283.38 Application fee. An applicant for issuance or reissuance of a permit
22shall pay a fee of $250.
SB445, s. 32 23Section 32. 283.43 (1) (am) of the statutes is created to read:
SB445,17,3
1283.43 (1) (am) The department shall make accessible to the public all of the
2following concerning large animal feeding operations and proposed large animal
3feeding operations:
SB445,17,44 1. Permit applications under s. 283.37.
SB445,17,55 2. Public notices under s. 283.39.
SB445,17,66 3. Draft permits.
SB445,17,77 4. Permits issued by the department under s. 283.31.
SB445,17,88 5. Reports submitted under s. 283.55 (1s).
SB445, s. 33 9Section 33. 283.43 (1m) of the statutes is created to read:
SB445,17,1210 283.43 (1m) Notwithstanding sub. (2) and s. 283.55 (2) (c), the department may
11not treat as confidential any information contained in permit applications, draft
12permits, permits, or reports described in sub. (1) (am).
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