AB926: Bill Text

AB926,67,25 20.866 (2) (tg) Natural resources Environment; environmental repair. From the capital improvement fund, a sum sufficient for the department of natural resources environmental quality to fund investigations and remedial action under s. 292.11 (7) (a) or 292.31 and remedial action under s. 281.83 and for payment of this state's share of environmental repair that is funded under 42 USC 6991 to 6991i or 42 USC 9601 to 9675. The state may contract public debt in an amount not to exceed $54,000,000 for this purpose. Of this amount, $7,000,000 is allocated for remedial action under s. 281.83.

AB926, s. 370 Section 370. 20.866 (2) (th) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,68,11 20.866 (2) (th) Natural resources Environment; urban nonpoint source cost-sharing. From the capital improvement fund, a sum sufficient for the department of natural resources environmental quality to provide cost-sharing grants for urban nonpoint source water pollution abatement and storm water management projects under s. 281.66, to provide municipal flood control and riparian restoration cost-sharing grants under s. 281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The state may contract public debt in an amount not to exceed $35,900,000 for this purpose. Of this amount, $500,000 is allocated in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387.

AB926, s. 371 Section 371. 20.866 (2) (ti) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,68,18 20.866 (2) (ti) Natural resources Environmental quality; contaminated sediment removal. From the capital improvement fund, a sum sufficient for the department of natural resources environmental quality to fund removal of contaminated sediment under s. 281.87. The state may contract public debt in an amount not to exceed $22,000,000 for this purpose.

AB926, s. 372 Section 372. 20.866 (2) (tj) of the statutes is created to read:

AB926,68,25 20.866 (2) (tj) Environment; general fund supported administrative facilities. From the capital improvement fund, a sum sufficient for the department of environmental quality to acquire, construct, develop, enlarge, or improve administrative office, laboratory, equipment, storage, or maintenance facilities. The state may contract public debt in an amount not to exceed $5,441,200 for this purpose.

AB926, s. 373 Section 373. 20.866 (2) (tk) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,69,8 20.866 (2) (tk) Natural resources Environment; environmental segregated fund supported administrative facilities. From the capital improvement fund, a sum sufficient for the department of natural resources environmental quality to acquire, construct, develop, enlarge or improve natural resource administrative office, laboratory, equipment storage and maintenance facilities. The state may contract public debt in an amount not to exceed $10,842,500 for this purpose.

AB926, s. 374 Section 374. 20.866 (2) (tL) of the statutes is amended to read:

AB926,69,15 20.866 (2) (tL) Natural resources Environment; segregated revenue supported dam safety projects. From the capital improvement fund, a sum sufficient for the department of natural resources environmental quality to provide financial assistance to counties, cities, villages, towns, and public inland lake protection and rehabilitation districts for dam safety projects under s. 31.385. The state may contract public debt in an amount not to exceed $6,600,000 for this purpose.

AB926, s. 375 Section 375. 20.866 (2) (tm) of the statutes is amended to read:

AB926,69,24 20.866 (2) (tm) Natural resources Environment; pollution abatement and sewage collection facilities, ORAP funding. From the capital improvement fund, a sum sufficient to the department of natural resources environmental quality to acquire, construct, develop, enlarge or improve point source water pollution abatement facilities and sewage collection facilities under ss. 281.55 and 281.56. The state may contract public debt in an amount not to exceed $145,060,325 for this purpose. Of this amount, $5,000,000 is allocated for point source water pollution abatement facilities and sewage collection facilities under s. 281.56.

AB926, s. 376 Section 376. 20.866 (2) (tn) of the statutes is amended to read:

AB926,70,15 20.866 (2) (tn) Natural resources Environment; pollution abatement and sewage collection facilities. From the capital improvement fund, a sum sufficient to the department of natural resources environmental quality to acquire, construct, develop, enlarge or improve point source water pollution abatement facilities and sewage collection facilities under s. 281.57 and to upgrade or replace a drinking water treatment plant under s. 281.57 (10t) including eligible engineering design costs. Payments may be made from this appropriation for capital improvement expenditures and encumbrances authorized under s. 281.57 before July 1, 1990, except for reimbursements made under s. 281.57 (9m) (a) and except as provided in s. 281.57 (10e), (10f), (10m), (10r) and (10t). Payments may also be made from this appropriation for expenditures and encumbrances resulting from disputed costs under s. 281.57 if an appeal of an eligibility determination is filed before July 1, 1990, and the result of the dispute requires additional funds for an eligible project. The state may contract public debt in an amount not to exceed $893,493,400 for this purpose.

AB926, s. 377 Section 377. 20.866 (2) (to) of the statutes is amended to read:

AB926,70,24 20.866 (2) (to) Natural resources Environment; pollution abatement and sewage collection facilities; combined sewer overflow. From the capital improvement fund, a sum sufficient to the department of natural resources environmental quality to provide funds for the construction of combined sewer overflow projects and for eligible engineering design costs under s. 281.63. The state may contract public debt in an amount not to exceed $200,600,000 for this purpose. Of this amount, $7,360,000 is allocated to fund the minority business demonstration and training program under s. 200.49.

AB926, s. 378 Section 378. 20.866 (2) (ts) of the statutes is amended to read:

AB926,71,8 20.866 (2) (ts) Natural resources; agriculture; land acquisition. From the capital improvement fund, a sum sufficient for the department of natural resources for outdoor recreation land acquisition activities and for the department of natural resources and the department of agriculture, trade and consumer protection for acquiring state forest lands. The state may contract public debt in an amount not to exceed $45,608,600 for these purposes. Of this amount of public debt not authorized for the department before August 9, 1989, $2,000,000 is allocated on August 9, 1989, for natural areas land acquisition activities.

AB926, s. 379 Section 379. 20.866 (2) (tu) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,71,20 20.866 (2) (tu) Natural resources; agriculture; segregated revenue supported facilities. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to acquire, construct, develop, enlarge, or improve administrative office, laboratory, equipment storage, or maintenance facilities relating to forestry activities and for the department of natural resources to acquire, construct, develop, enlarge or improve natural resource administrative office, laboratory, equipment storage, or maintenance facilities and to acquire, construct, develop, enlarge or improve state recreation facilities and state fish hatcheries. The state may contract public debt in an amount not to exceed $80,754,000 for this purpose.

AB926, s. 380 Section 380. 20.866 (2) (tx) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,72,3 20.866 (2) (tx) Natural resources Environment; dam safety projects. From the capital improvement fund, a sum sufficient for the department of natural resources environmental quality to provide financial assistance to counties, cities, villages, towns and public inland lake protection and rehabilitation districts for dam safety projects under s. 31.385. The state may contract public debt in an amount not to exceed $9,500,000 for this purpose.

AB926, s. 381 Section 381. 20.903 (2) (b) of the statutes is amended to read:

AB926,72,13 20.903 (2) (b) Notwithstanding sub. (1), liabilities may be created and moneys expended from the appropriations under ss. 20.370 (8) (mt) (1) (st), 20.375 (2) (uk), 20.395 (4) (eq), (er) and (es) and 20.505 (1) (im), (ka), (kb), (kc), (kd), and (kL) in an additional amount not exceeding the depreciated value of equipment for operations financed under ss. 20.370 (8) (mt) (1) (st), 20.375 (2) (uk), 20.395 (4) (eq), (er) and (es) and 20.505 (1) (im), (ka), (kb), (kc), (kd), and (kL). The secretary of administration may require such statements of assets and liabilities as he or she deems necessary before approving expenditure estimates in excess of the unexpended moneys in the appropriation account.

AB926, s. 382 Section 382. 20.923 (4) (g) 1p. of the statutes is created to read:

AB926,72,15 20.923 (4) (g) 1p. Environmental quality, department of: secretary.

AB926, s. 383 Section 383. 23.09 (1) of the statutes is amended to read:

AB926,72,19 23.09 (1) Purposes. The purpose of this section is to provide an adequate and flexible system for the protection, development and use of forests, fish and game, lakes, streams, plant life, flowers and other outdoor resources in this state.

AB926, s. 384 Section 384. 23.09 (2) (d) 16. of the statutes is amended to read:

AB926,72,21 23.09 (2) (d) 16. For bluff protection under s. 30.24 23.0942.

AB926, s. 385 Section 385. 23.09 (2) (g) of the statutes is amended to read:

AB926,72,24 23.09 (2) (g) Forest protection. Establish and maintain an efficient fire fighting system for the protection of forests lands under the jurisdiction of the department.

AB926, s. 386 Section 386. 23.09 (2m) (b) of the statutes is amended to read:

AB926,73,4 23.09 (2m) (b) The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest, southern state forest, state park, state trail, state natural area, state recreation area, or similar designation.

AB926, s. 387 Section 387. 23.09 (2p) (a) of the statutes is amended to read:

AB926,73,18 23.09 (2p) (a) The department of natural resources shall determine the value of land donated to the department state that is within the project boundaries of a state park, a state forest or a state recreation area. The department of agriculture, trade and consumer protection shall determine the value of land donated to the state that is within the project boundaries of a state forest under its jurisdiction. If the donation involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation shall be based on the fair market value of the land before the transfer. If the donation is a dedication transferring a partial interest in land to the state, the valuation shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the donation involves a sale of land to the department at less than the fair market value, the valuation of the donation shall be based on the difference between the purchase price and the fair market value.

AB926, s. 388 Section 388. 23.09 (2r) (b) of the statutes is amended to read:

AB926,73,20 23.09 (2r) (b) Land acquisition for urban river grants under s. 30.277 23.0944.

AB926, s. 389 Section 389. 23.09 (3) (a) of the statutes is renumbered 23.09 (3).

AB926, s. 390 Section 390. 23.09 (3) (b) of the statutes is renumbered 93.06 (11) (c).

AB926, s. 391 Section 391. 23.09 (11) (a) of the statutes is renumbered 23.09 (11) (ar).

AB926, s. 392 Section 392. 23.09 (11) (ag) of the statutes is created to read:

AB926,74,2 23.09 (11) (ag) In this subsection, "department" means the department of agriculture, trade and consumer protection.

AB926, s. 393 Section 393. 23.09 (17m) (a) of the statutes is renumbered 23.09 (17m) (am) and amended to read:

AB926,74,8 23.09 (17m) (am) The county board of any county, which by resolution indicates its desire to improve the natural environment for wildlife on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (5) (as) 20.115 (5) (sL).

AB926, s. 394 Section 394. 23.09 (17m) (ac) of the statutes is created to read:

AB926,74,11 23.09 (17m) (ac) In this subsection, "department" means the department of agriculture, trade and consumer protection.

AB926, s. 395 Section 395. 23.09 (17m) (b) of the statutes is amended to read:

AB926,74,19 23.09 (17m) (b) The annual allocation for each county shall not exceed 10 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (5) (as) 20.115 (5) (sL) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 10 cents per acre under the procedure established in this subsection. These aids shall be used to undertake wildlife management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget.

AB926, s. 396 Section 396. 23.09 (18) (a) of the statutes is amended to read:

AB926,74,24 23.09 (18) (a) In each fiscal year, the department of agriculture, trade and consumer protection shall make payments to each county that has more than 40,000 acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of that fiscal year.

AB926, s. 397 Section 397. 23.09 (18) (b) of the statutes is amended to read:

AB926,75,9 23.09 (18) (b) The amount of the payment made in a fiscal year to an eligible county shall equal the county's proportionate share of the moneys appropriated under s. 20.370 (5) (br) 20.115 (5) (tm) for the fiscal year. An eligible county's proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (5) (br) 20.115 (5) (tm) for the fiscal year.

AB926, s. 398 Section 398. 23.09 (18) (c) of the statutes is amended to read:

AB926,75,13 23.09 (18) (c) The department of agriculture, trade and consumer protection shall calculate and issue the payment for each eligible county by October 1 following each fiscal year.

AB926, s. 399 Section 399. 23.09 (20) (ar) of the statutes is created to read:

AB926,75,20 23.09 (20) (ar) For each fiscal year, the department of natural resources and the department of agriculture, trade and consumer protection shall enter into an agreement to determine which projects are eligible for assistance under this subsection and to authorize the expenditures for those projects. The secretary of administration shall resolve any disputes between the departments concerning the agreement entered into under this paragraph.

AB926, s. 400 Section 400. 23.09 (21m) of the statutes is amended to read:

AB926,76,2 23.09 (21m) Environmental cleanup. The department of natural resources may engage in environmental clean-up activities on the lands under its ownership, management, supervision, or control and on state forest lands under the ownership, management, supervision, or control of the department of agriculture, trade and consumer protection.

AB926, s. 401 Section 401. 23.09 (26) (a) of the statutes is amended to read:

AB926,76,9 23.09 (26) (a) The procedures in sub. (11) (a) (ar), (d), (e) and (f) shall apply to this subsection except that the department shall consult with the snowmobile recreational council before adopting snowmobile trail construction standards, the restriction in sub. (11) (a) (ar) as to county lands is not applicable, the restriction in sub. (11) (d) as to encumbrance of funds is not applicable and the restriction in sub. (11) (e) as to requests for state aids exceeding available funds is not applicable.

AB926, s. 402 Section 402. 23.09 (26) (am) 2. of the statutes is amended to read:

AB926,76,18 23.09 (26) (am) 2. Enter into agreements with the department of natural resources to use for snowmobile trails, facilities, or areas lands owned or leased by the that department and enter into agreements with the department of agriculture, trade and consumer protection to use for snowmobile trails, facilities, or forest lands owned or leased by that department. No lands of the department of natural resources or the department of agriculture, trade and consumer protection to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation.

AB926, s. 403 Section 403. 23.0915 (1g) of the statutes is amended to read:

AB926,76,23 23.0915 (1g) Land acquisition; urban river grants. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, the department for each fiscal year shall designate for expenditure $1,900,000 of the moneys appropriated under s. 20.866 (2) (tz) for land acquisition for urban river grants under s. 30.277 23.0944.

AB926, s. 404 Section 404. 23.0915 (1r) (c) of the statutes is amended to read:

AB926,77,3 23.0915 (1r) (c) For land acquisition, the department shall designate for expenditure $900,000 for urban river grants under s. 30.277 23.0944 and for grants under s. 23.096 for the purposes under s. 30.277 23.0944 (2) (a).

AB926, s. 405 Section 405. 23.0915 (2g) of the statutes is amended to read:

AB926,77,10 23.0915 (2g) Funds for Monona terrace project. If all of the money set aside under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under s. 30.277 23.0944. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.

AB926, s. 406 Section 406. 23.0916 (3) (a) of the statutes is amended to read:

AB926,77,19 23.0916 (3) (a) Except as provided in par. (b) and sub. (4) and ss. 29.089, 29.091, 29.301 (1) (b), and 29.621 (4), the department shall permit public access for nature-based outdoor activities by others on land that is acquired by the department in fee simple or that is an easement acquired by the department on former managed forest land and that was acquired by the department of natural resources pursuant to its authority under s. 23.09 (2) (d) 1. or 5., 2007, stats., or s. 23.09 (2) (d) or that was acquired by the department of agriculture, trade and consumer protection pursuant to its authority under s. 28.012 or 28.02 (2).

AB926, s. 407 Section 407. 23.0917 (1) (c) of the statutes is amended to read:

AB926,77,25 23.0917 (1) (c) "Department land" means an area of land that is owned by the state, that is under the jurisdiction of the department of natural resources and that is used for one of the purposes specified in s. 23.09 (2) (d), or that is under the jurisdiction of the department of agriculture, trade and consumer protection and that is state forest land.

AB926, s. 408 Section 408. 23.0917 (3) (a) of the statutes is amended to read:

AB926,78,6 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2019-20, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and for state forests, and for grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).

AB926, s. 409 Section 409. 23.0917 (3) (c) 1. of the statutes is amended to read:

AB926,78,11 23.0917 (3) (c) 1. Acquisition of land that preserves or enhances the state's water resources, including land in and for the Lower Wisconsin State Riverway; land abutting wild rivers designated under s. 30.26 23.43, wild lakes and land along the shores of the Great Lakes.

AB926, s. 410 Section 410. 23.0917 (4) (b) 4. of the statutes is amended to read:

AB926,78,13 23.0917 (4) (b) 4. Grants for urban rivers under ss. 23.096 and 30.277 23.0944.

AB926, s. 411 Section 411. 23.0917 (7) (a) of the statutes is amended to read:

AB926,78,20 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20), and (20m), 23.092 (4), 23.094 (3g), 23.0942 (4), 23.0944, 23.0953, and 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.

AB926, s. 412 Section 412. 23.0917 (7) (e) 1. of the statutes is amended to read:

AB926,79,10 23.0917 (7) (e) 1. For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 23.0944 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta).

AB926, s. 413 Section 413. 23.094 (2) (a) of the statutes is amended to read:

AB926,79,15 23.094 (2) (a) The department, in consultation with the department of environmental quality, shall identify as priority streams those streams in this state that are in most need of protection from degradation of water quality caused by agricultural or urban runoff.

AB926, s. 414 Section 414. 23.095 (1m) (title) of the statutes is amended to read:

AB926,79,17 23.095 (1m) (title) Prohibition on department land certain state lands.

AB926, s. 415 Section 415. 23.095 (1m) (a) of the statutes is amended to read: