SB445: Bill Text

SB445,8,7 92.03 (5m) "Large animal feeding operation" has the meaning given in s. NR 243.04 (13), Wis. Adm. Code.

SB445, s. 9 Section 9. 92.05 (3) (k) of the statutes is amended to read:

SB445,8,17 92.05 (3) (k) Nutrient management rules. The department shall promulgate rules to improve agricultural nutrient management in this state. The rules shall be consistent with rules promulgated under s. 281.16 (3) and shall include incentives, educational and outreach provisions, and compliance requirements. In the rules promulgated under this paragraph, the department shall provide for a nutrient management certification program, shall require a person who prepares a nutrient management plan to be certified by the department, and shall authorize farmers who choose to prepare their own nutrient management plans to become certified. The department may impose fees for nutrient management planning certification.

SB445, s. 10 Section 10. 92.07 (2) of the statutes is renumbered 92.07 (2) (a) (intro.) and amended to read:

SB445,9,3 92.07 (2) (a) (intro.) Each land conservation committee may develop and adopt standards and specifications for management practices to control erosion, sedimentation, and nonpoint source water pollution. The standards and specifications for the following agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the owner or operator under s. 92.14 or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices, and technical standards under s. 281.16 (3).:

SB445,9,5 (b) The land conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to determine whether cost-sharing is available under par. (a) 3.

SB445, s. 11 Section 11. 92.07 (2) (a) 1. to 3. of the statutes are created to read:

SB445,9,7 92.07 (2) (a) 1. Large animal feeding operations.

SB445,9,9 2. Agricultural facilities and practices that are constructed or begun on or after October 14, 1997.

SB445,9,12 3. Agricultural facilities and practices, other than large animal feeding operations, that are constructed or begun before October 14, 1997, if cost-sharing is available to the owner or operator under s. 92.14 or 281.65 or from any other source.

SB445, s. 12 Section 12. 92.105 (1) of the statutes is renumbered 92.105 (1) (a) (intro.) and amended to read:

SB445,9,21 92.105 (1) (a) (intro.) A land conservation committee shall establish soil and water conservation standards. The standards for the following agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the farmer under s. 92.14 or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices, and technical standards under s. 281.16 (3). It:

SB445,9,23 (b) A land conservation committee shall submit these the standards under par. (a) to the board for review.

SB445, s. 13 Section 13. 92.105 (1) (a) 1. to 3. of the statutes are created to read:

SB445,9,25 92.105 (1) (a) 1. Large animal feeding operations.

SB445,10,2 2. Agricultural facilities and practices that are constructed or begun on or after October 14, 1997.

SB445,10,5 3. Agricultural facilities and practices, other than large animal feeding operations, that are constructed or begun before October 14, 1997, if cost-sharing is available to the owner or operator under s. 92.14 or 281.65 or from any other source.

SB445, s. 14 Section 14. 92.14 (6) (gm) of the statutes is amended to read:

SB445,10,11 92.14 (6) (gm) A county may not provide cost-sharing funds using funds provided under this section in an amount that exceeds 70% of the cost of a project, except in cases of economic hardship, as defined by the department by rule. A county may not provide cost-sharing funds using funds provided under this section in an amount that exceeds $50,000 per project.

SB445, s. 15 Section 15. 92.15 (4) of the statutes is amended to read:

SB445,10,18 92.15 (4) A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on October 14, 1997, and that is not a large animal feeding operation unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14 or 281.65 or from any other source.

SB445, s. 16 Section 16. 92.22 of the statutes is created to read:

SB445,10,24 92.22 Nutrient management grants. (1) The department shall establish and administer a program to provide grants to pay a portion of the costs of developing and implementing agricultural nutrient management plans required under s. 92.05 (3) (k) or ch. 283 or required by federal law. The department shall give priority to grants for agricultural operations that have never had a nutrient management plan.

SB445,10,25 (2) The department shall promulgate rules for the program under this section.

SB445, s. 17 Section 17. 93.07 (3m) of the statutes is created to read:

SB445,11,3 93.07 (3m) Buy Wisconsin program. To administer a market development program to do all of the following:

SB445,11,6 (a) Promote a Wisconsin identity for farm-raised food products through producer directories and other promotions for Wisconsin producers, producer organizations, and specialty food companies.

SB445,11,10 (b) Assist state agencies and school districts and other local governmental units to purchase products directly from Wisconsin producers, producer organizations, and specialty food companies in order to expand markets for farm products and improve the quality and freshness of food served.

SB445, s. 18 Section 18. 93.45 of the statutes is created to read:

SB445,11,15 93.45 Organic agricultural production. (1) Education and outreach. The department shall conduct education and outreach to promote the use of managed grazing, organic dairying, and other organic agricultural production practices as profitable and environmentally sound practices.

SB445,11,18 (2) Grants. The department shall make grants to pay a portion of the costs for farmers to adopt managed grazing, organic dairying, and other organic agricultural production practices.

SB445, s. 19 Section 19. 93.46 (3) of the statutes is created to read:

SB445,11,21 93.46 (3) The department shall annually report to the legislature under s. 13.172 (2) concerning the results of each grant made under this section.

SB445, s. 20 Section 20. 100.185 of the statutes is created to read:

SB445,11,24 100.185 Documentation of agricultural credit transactions. (1) Definitions. In this section:

SB445,12,3 (a) "Agricultural purpose" means a purpose related to the production, harvest, exhibition, marketing, transportation, processing, or manufacture of farm products by a person that cultivates, plants, propagates, or nurtures those farm products.

SB445,12,5 (b) "Credit" means the right to defer payment of debt, to incur debt, and defer its payment or to purchase goods, services, or interests in land on a time price basis.

SB445,12,9 (c) "Credit transaction" means a transaction under which real or personal property, services or money is acquired by a person, on credit, and under which the person is required to pay a charge for the credit or is required to pay his or her obligation in installments.

SB445,12,11 (d) "Farm creditor" means a person that extends credit to another person that obtains the credit primarily for an agricultural purpose.

SB445,12,15 (e) "Farm product" means an agricultural, horticultural, viticultural, dairy, or forest product; livestock; wildlife; poultry; bees; fish; shellfish; a product raised or produced on a farm; and any processed or manufactured product that is derived from any of these items.

SB445,12,23 (2) Documentation required. A farm creditor shall ensure that each document that is signed by a person and that evidences the person's obligation to pay under a credit transaction that the person enters into primarily for an agricultural purpose is executed in duplicate original copies. Except as provided under sub. (3), the duplicate original copies shall consist of a signed copy and an identical carbon copy containing the carbon impression of all signatures on the signed copy. The farm creditor shall provide the person that receives the credit with one of the duplicate original copies.

SB445,13,3 (3) Rules. The department may, by rule, authorize the production of duplicate original copies as required under sub. (2) by any method that is at least as effective at preventing fraud as the method specified under sub. (2).

SB445, s. 21 Section 21. 234.92 of the statutes is renumbered 234.92 (1) and amended to read:

SB445,13,8 234.92 (1) The authority may establish premiums, fees , or other charges for providing financial assistance under programs guaranteed by the Wisconsin development reserve fund.

SB445, s. 22 Section 22. 234.92 (2) of the statutes is created to read:

SB445,13,11 234.92 (2) Notwithstanding sub. (1), the authority may not charge a farmer applying for a loan guarantee under the program under s. 234.90 an application fee.

SB445, s. 23 Section 23. 234.93 (2) (am) of the statutes is created to read:

SB445,13,18 234.93 (2) (am) Under every guarantee agreement entered into under par. (a), the lender shall agree to use loan servicing and forbearance policies to the fullest extent required or permitted under state and federal law before initiating proceedings to foreclose on any security interest obtained by the lender to secure repayment of a guaranteed loan. The authority may determine, and the agreement may specify, applicable loan servicing and forbearance policies.

SB445, s. 24 Section 24. 281.16 (3) (e) of the statutes is amended to read:

SB445,14,12 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, and that is not a large animal feeding operation, as defined in s. NR 243.04 (13), Wis. Adm. Code, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices, or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4), and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65, and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1), or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices, or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

SB445, s. 25 Section 25. 281.16 (4) of the statutes is amended to read:

SB445,14,22 281.16 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices, and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before October 14, 1997, and is not a large animal feeding operation, as defined in s. NR 243.04 (13), Wis. Adm. Code, the performance standards, prohibitions, conservation practices, and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under s. 92.14 or 281.65 or from any other source.

SB445, s. 26 Section 26. 281.17 (11) of the statutes is created to read:

SB445,15,7 281.17 (11) No person may begin to operate an animal waste storage facility with a capacity greater than 3,000,000 gallons before the person provides to the department proof of financial responsibility ensuring the availability of funds to cover the reasonably anticipated costs of remedial action that would be required as the result of the most harmful discharge of animal waste from the animal waste storage facility that could possibly occur. A person may establish proof of financial responsibility required under this subsection by obtaining any of the following made payable to or established for the benefit of the department and approved by the department:

SB445,15,8 (a) A bond.

SB445,15,9 (b) A deposit.

SB445,15,10 (c) An established escrow account.

SB445,15,11 (d) An irrevocable letter of credit.

SB445, s. 27 Section 27. 281.18 of the statutes is created to read:

SB445,15,17 281.18 Location of animal waste storage lagoons. No person may begin construction of an animal waste storage lagoon after the effective date of this subsection .... [revisor inserts date], on land that is hydraulically connected to a stream that is classified as a Class I, Class II, or Class III trout stream under s. 23.09 (2) (m).

SB445, s. 28 Section 28. 283.01 (6s) of the statutes is created to read:

SB445,15,20 283.01 (6s) "Large animal feeding operation" has the meaning in s. NR 243.04 (13), Wis. Adm. Code.

SB445, s. 29 Section 29. 283.31 (1m) of the statutes is created to read:

SB445,16,2 283.31 (1m) No person may establish a large animal feeding operation after the effective date of this subsection .... [revisor inserts date], or expand an animal feeding operation after the effective date of this subsection .... [revisor inserts date], so that it becomes a large animal feeding operation until the person has obtained a permit under this subsection.

SB445, s. 30 Section 30. 283.31 (9) of the statutes is created to read:

SB445,16,4 283.31 (9) (a) In this subsection:

SB445,16,8 1. "Livestock integrator" means a person who provides livestock to the operator of a livestock operation and who either has an ownership interest in the livestock or establishes management and production standards to be followed by the operator for the maintenance, care, and raising of the livestock.

SB445,16,9 2. "Livestock operation" has the meaning given in s. 281.16 (1) (c).

SB445,16,10 3. "Ownership interest" includes a right or option to purchase.

SB445,16,16 (b) 1. If a livestock integrator exercises substantial control over the operations of a livestock operation for which a permit is required under this section, the department shall issue the permit in the name of the livestock integrator and the owner or operator of the livestock operation, and the livestock integrator and the owner or operator of the livestock operation are jointly responsible under s. 283.91 for any violation of the permit.

SB445,16,19 2. The owner or operator of a livestock operation for which a permit is required under this section shall provide the department with any information that the department determines is necessary to determine whether subd. 1. applies.

SB445, s. 31 Section 31. 283.38 of the statutes is created to read:

SB445,16,22 283.38 Application fee. An applicant for issuance or reissuance of a permit shall pay a fee of $250.

SB445, s. 32 Section 32. 283.43 (1) (am) of the statutes is created to read:

SB445,17,3 283.43 (1) (am) The department shall make accessible to the public all of the following concerning large animal feeding operations and proposed large animal feeding operations:

SB445,17,4 1. Permit applications under s. 283.37.

SB445,17,5 2. Public notices under s. 283.39.

SB445,17,6 3. Draft permits.

SB445,17,7 4. Permits issued by the department under s. 283.31.

SB445,17,8 5. Reports submitted under s. 283.55 (1s).

SB445, s. 33 Section 33. 283.43 (1m) of the statutes is created to read:

SB445,17,12 283.43 (1m) Notwithstanding sub. (2) and s. 283.55 (2) (c), the department may not treat as confidential any information contained in permit applications, draft permits, permits, or reports described in sub. (1) (am).

SB445, s. 34 Section 34. 283.55 (1s) of the statutes is created to read:

SB445,17,18 283.55 (1s) Reporting requirements. The department shall promulgate rules specifying requirements for the submission to the department of periodic reports by the owner of a large animal feeding operation concerning animal waste storage and disposal and other aspects of compliance with the conditions of the permit under s. 283.31 of the large animal feeding operation.

SB445, s. 35 Section 35. 283.55 (2) (title) of the statutes is amended to read:

SB445,17,20 283.55 (2) (title) Access to premises, monitoring equipment, and records.

SB445, s. 36 Section 36. 283.55 (2) (am) of the statutes is created to read:

SB445,18,2 283.55 (2) (am) A duly authorized officer, employee or representative of the department may enter the premises of an animal feeding operation at reasonable times to determine whether the animal feeding operation is a large animal feeding, operation and may inspect records of animal stabling, confinement, feeding, and maintenance for that purpose.

SB445, s. 37 Section 37. 283.60 of the statutes is created to read: