LRB-0669/2
RNK:cjs:rs
2003 - 2004 LEGISLATURE
January 28, 2003 - Introduced by
Joint Committee For Review of Administrative
Rules. Referred to Committee on Forestry.
AB9,1,4
1An Act to create 26.30 (6m) of the statutes;
relating to: authorizing the
2establishment of a program for the suppression of gypsy moths, specifying
3areas eligible for aerial insecticide treatment for the suppression of gypsy
4moths, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) is authorized
to take action that it determines is necessary to detect and control forest pests. If
DNR finds that an area of the state is infested by forest pests, it must determine
whether certain control measures should be conducted either through cooperative
agreements with other state agencies, federal agencies, local governmental units, or
individuals or by designating a proposed zone of infestation. If DNR proposes to
designate an area as a zone of infestation, it must follow certain procedures including
holding a public hearing. If a zone of infestation is established, DNR must conduct
certain pest control measures and make efforts to enter into agreements with
affected land owners. Current law specifies that, with certain exceptions, if
infestation control measures are conducted on land within a zone of infestation, the
landowner must pay a certain share of the costs associated with the activities
undertaken to control the infestation on the owner's land.
This bill provides that if DNR establishes a program for the suppression of
gypsy moths, and that program includes the awarding and administering of federal
cost-sharing funds for aerial insecticide treatment, DNR must promulgate rules to
implement the program. The rules must specify that an area is not eligible for aerial
insecticide treatment unless the area is at least 20 acres in size. The bill also specifies
that if DNR establishes such a gypsy moth suppression program, the current law
provisions that apply to the designation of infestation control zones do not apply to
that gypsy moth suppression program.
This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in suspending a
portion of section NR 47.913 (2) (a), Wis. Adm. Code, a rule of DNR, on November 7,
2002. The suspended rule specified that in order for an area to be eligible for aerial
treatment with insecticide under a program to suppress the infestation of gypsy
moths, the area must be of at least 40 contiguous acres in a compact and regular
shape or be of at least 20 acres of publicly owned land surrounded by ineligible land.
For further information see the state and local 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:
AB9, s. 1
1Section
1. 26.30 (6m) of the statutes is created to read:
AB9,2,72
26.30
(6m) Gypsy moth suppression. (a) If the department establishes a
3program for the suppression of gypsy moths, and that program includes the
4awarding and administering of federal cost-sharing funds to counties for aerial
5insecticide treatment, the department shall promulgate rules to implement the
6program. The rules shall specify that an area is not eligible for aerial insecticide
7treatment under the program unless the area is at least 20 acres in size.
AB9,2,98
(b) Subsections (7) to (10) do not apply to a gypsy moth suppression program
9established under this subsection.
