AB926: Bill Text

This bill creates a Department of Environmental Quality (DEQ) and transfers some of DNR's responsibilities to DEQ effective July 1, 2011. DEQ is governed by a secretary who is nominated by the governor, and with the advice and consent of the senate appointed. There is no board for DEQ. Under the bill, the Natural Resources Board appoints the secretary of natural resources. The bill also requires that at least one member of the Natural Resources Board have an agricultural background and that at least three members of the Natural Resources Board have held an annual hunting, trapping, or fishing license in at least seven of the ten years before their appointment, except that the number of years in which an individual must have held a license is reduced by the number of years that the individual served on active duty in the U.S. armed forces or national guard during that ten-year period.

Under the bill, DEQ administers programs relating to air quality, water quality, water supply, wastewater, recycling, solid and hazardous waste, mining, environmental cleanups, wetlands, shoreland zoning, and navigable waters (including dams and piers). DNR continues to administer programs relating to state parks and other recreational properties, the Lower Wisconsin State Riverway, wildlife (including hunting, fishing, and trapping), endangered resources, boats, snowmobiles, and all-terrain vehicles.

This bill also transfers the responsibility to administer programs related to forestry from DNR to the Department of Agriculture, Trade and Consumer Protection. DNR retains the responsibility of determining public access on land in state forests and on land subject to the managed forest land program.

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:

AB926, s. 1 Section 1. 1.055 (1) of the statutes is amended to read:

AB926,11,16 1.055 (1) Consent of this state is given to the acquisition by the United States by purchase, gift, lease or condemnation, with adequate compensation therefor, of such areas of land not exceeding 2,000,000 acres as the United States deems necessary for the establishment of national forests in the state, in accordance with the act of congress approved June 7, 1924, and the board of commissioners of public lands are authorized to sell and convey for a fair consideration to the United States any state lands included within such areas; provided, that this state shall retain concurrent jurisdiction with the United States in and over such areas so far that civil process, in all cases, and such criminal process as may issue under the authority of this state against any persons charged with the commission of any crime within or without said areas, may be executed thereon in like manner as if this consent had not been given. Provided, further, that the boundaries of any areas so selected shall be first approved by the governor, the board of commissioners of public lands, the department of natural resources agriculture, trade and consumer protection, and the county board of each county in which any such area is located.

AB926, s. 2 Section 2. 1.056 of the statutes is amended to read:

AB926,12,10 1.056 State conservation areas. Consent of this state is given to the United States to acquire by purchase, gift, lease or condemnation, with adequate compensation therefor, areas of land and water within boundaries approved by the governor and the county board of the county in which the land is located, for the establishment of state forests, state parks or other state conservation areas to be administered by the state under long-term leases, treaties or cooperative agreements, which the. The department of natural resources is hereby authorized, on behalf of the state, to enter into on behalf of the state such leases, treaties, or cooperative agreements covering land under its jurisdiction with the federal government. The department of agriculture, trade and consumer protection is authorized, on behalf of the state, to enter into such leases, treaties, or cooperative agreements covering land under its jurisdiction with the federal government.

AB926, s. 3 Section 3. 1.11 (2) (d) of the statutes is amended to read:

AB926,12,24 1.11 (2) (d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any agency which has jurisdiction or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate agencies, which are authorized to develop and enforce environmental standards shall be made available to the governor, to the department of natural resources environmental quality, and to the public. Every proposal other than for legislation shall receive a public hearing before a final decision is made. Holding a public hearing as required by another statute fulfills this section. If no public hearing is otherwise required, the responsible agency shall hold the hearing in the area affected. Notice of the hearing shall be given by publishing a class 1 notice, under ch. 985, at least 15 days prior to the hearing in a newspaper covering the affected area. If the proposal has statewide significance, notice shall be published in the official state newspaper;

AB926, s. 4 Section 4. 13.097 (1) (a) of the statutes is amended to read:

AB926,13,2 13.097 (1) (a) "Department" means the department of natural resources environmental quality.

AB926, s. 5 Section 5. 13.097 (2) (b) of the statutes is amended to read:

AB926,13,9 13.097 (2) (b) If the legislation conveys a lake bed area, the department shall describe the conveyance contained in the legislation. If the legislation amends a prior conveyance of a lake bed area, the department's report shall describe the prior conveyance and how it is amended by this legislation. The report shall include any written comments under sub. (3) and the department's findings under sub. (4) and its conclusions under sub. (6).

AB926, s. 6 Section 6. 13.097 (2) (c) of the statutes is amended to read:

AB926,13,15 13.097 (2) (c) Legislation that requires a report by the department under this section shall have that requirement noted on its jacket when the jacket is prepared. When legislation that requires a report under this section receives a jacket to be introduced or offered, the legislative reference bureau shall submit a copy of the legislation to the department and to the department of natural resources.

AB926, s. 7 Section 7. 13.097 (3) of the statutes is created to read:

AB926,13,20 13.097 (3) Comments of the department of natural resources. The department of natural resources may submit to the department of environmental quality written comments on legislation specified under sub. (2) within 10 days after the legislation is introduced or offered.

AB926, s. 8 Section 8. 13.101 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,14,17 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (7) (a) and (da), and 20.437 (2) (a) and (dz) or for forestry purposes under s. ss. 20.115 (5) (h), (k), (q), (qr), (r), (rf), (rm), (rp), (rs), and (rv) and 20.370 (3), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB926, s. 9 Section 9. 13.48 (10) (b) 1. of the statutes is amended to read:

AB926,14,21 13.48 (10) (b) 1. Contracts by the department of natural resources environmental quality for construction work related to hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.

AB926, s. 10 Section 10. 13.48 (26) of the statutes is amended to read:

AB926,15,23 13.48 (26) Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources environmental quality and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program and the land recycling loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 281.59 (3e) (a), (3m) (a) and (3s) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources environmental quality and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

AB926, s. 11 Section 11. 13.625 (8m) of the statutes is amended to read:

AB926,16,4 13.625 (8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in s. 292.51 (1), by an agency official of the department of natural resources environmental quality.

AB926, s. 12 Section 12. 13.83 (3) (f) (intro.) of the statutes is amended to read:

AB926,16,7 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 8 9 members representing the following:

AB926, s. 13 Section 13. 13.83 (3) (f) 8. of the statutes is created to read:

AB926,16,9 13.83 (3) (f) 8. The department of environmental quality.

AB926, s. 14 Section 14. 14.95 (2) of the statutes is amended to read:

AB926,16,20 14.95 (2) The governor shall serve as this state's representative on the Great Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may designate the secretary of natural resources environmental quality as the governor's alternate to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and to vote at all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council in the absence of the governor. Any designee other than the secretary of natural resources environmental quality shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

AB926, s. 15 Section 15. 15.01 (4) of the statutes is amended to read:

AB926,17,4 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee River revitalization council has the powers and duties specified in s. 23.18 278.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and the electronic recording council has the powers and duties specified in s. 706.25 (4).

AB926, s. 16 Section 16. 15.05 (1) (b) of the statutes is amended to read:

AB926,17,14 15.05 (1) (b) Except as provided in pars. (c) and par. (d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.

AB926, s. 17 Section 17. 15.05 (1) (c) of the statutes is repealed.

AB926, s. 18 Section 18. 15.07 (2) (n) of the statutes is amended to read:

AB926,17,18 15.07 (2) (n) The member appointed under s. 15.345 (6) 15.13 (5) (a) shall serve as chairperson of the managed forest land board.

AB926, s. 19 Section 19. 15.09 (1) (b) of the statutes is amended to read:

AB926,17,21 15.09 (1) (b) The terms of the members of the council on recycling shall expire as specified under s. 15.347 (17) 15.337 (5) (c).

AB926, s. 20 Section 20. 15.107 (5) (a) 2m. of the statutes is created to read:

AB926,17,23 15.107 (5) (a) 2m. The secretary of environmental quality or his or her designee.

AB926, s. 21 Section 21. 15.107 (17) (f) of the statutes is amended to read:

AB926,18,2 15.107 (17) (f) One member appointed by the secretary of natural resources environmental quality.

AB926, s. 22 Section 22. 15.135 (4) (b) 1. of the statutes is amended to read:

AB926,18,6 15.135 (4) (b) 1. The secretaries of administration, natural resources environmental quality, and agriculture, trade and consumer protection or their designees.

AB926, s. 23 Section 23. 15.137 (5) (a) of the statutes is amended to read:

AB926,18,11 15.137 (5) (a) Nonvoting members. The secretary of agriculture, trade and consumer protection, the secretary of natural resources environmental quality, and the dean of the College of Agricultural and Life Sciences at the University of Wisconsin-Madison, or their designees, shall serve as nonvoting members.

AB926, s. 24 Section 24. 15.137 (5) (b) 2. of the statutes is amended to read:

AB926,18,15 15.137 (5) (b) 2. One voting member shall be appointed by the secretary of natural resources environmental quality to serve for a 3-year term. The member appointed under this subdivision shall be knowledgeable about water quality.

AB926, s. 25 Section 25. 15.155 (5) of the statutes is amended to read:

AB926,19,5 15.155 (5) Small business regulatory review board. There is created a small business regulatory review board, attached to the department of commerce under s. 15.03. The board shall consist of a representative of the department of administration; a representative of the department of agriculture, trade and consumer protection; a representative of the department of children and families; a representative of the department of commerce; a representative of the department of health services; a representative of the department of natural resources environmental quality; a representative of the department of regulation and licensing; a representative of the department of revenue; a representative of the department of workforce development; 6 representatives of small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year terms; and the chairpersons of one senate and one assembly committee concerned with small businesses, appointed as are members of standing committees. The representatives of the departments shall be selected by the secretary of that department.

AB926, s. 26 Section 26. 15.157 (10) (f) of the statutes is amended to read:

AB926,19,9 15.157 (10) (f) One member appointed by the secretary of natural resources environmental quality to represent the department of natural resources environmental quality.

AB926, s. 27 Section 27. 15.33 of the statutes is created to read:

AB926,19,13 15.33 Department of environmental quality; creation. There is created a department of environmental quality under the direction and supervision of the secretary of environmental quality.

AB926, s. 28 Section 28. 15.337 (title) of the statutes is created to read:

AB926,19,15 15.337 (title) Same; councils.

AB926, s. 29 Section 29. 15.337 (4) (a) 1m. of the statutes is created to read:

AB926,19,17 15.337 (4) (a) 1m. The secretary of environmental quality or his or her designee.

AB926, s. 30 Section 30. 15.34 (2) (bg) and (br) of the statutes are created to read:

AB926,19,23 15.34 (2) (bg) At least one member of the natural resources board shall have an agricultural background. The governor may request statewide agricultural organizations to submit recommendations for nominees under this paragraph. The requirements of this paragraph apply to individuals who are members of the natural resources board on May 1, 2014, and thereafter.

AB926,20,6 (br) 1. At least 3 members of the natural resources board shall be individuals who held an annual hunting, fishing, or trapping license, in this state or another state, in at least 7 of the 10 years previous to the year in which the individual is nominated, except as provided in subd. 2. The governor may request statewide organizations that are primarily interested in supporting hunting, fishing, or trapping to submit recommendations for nominees under this paragraph. The requirements of this paragraph apply to individuals who are members of the natural resources board on May 1, 2014, and thereafter.

AB926,20,11 2. If an individual served on active duty in the U.S. armed forces or national guard during the 10 years previous to the year in which the individual is nominated, the number of years in which the individual is required to have held an annual hunting, fishing, or trapping license equals 7 minus the number of years of active duty served during those 10 years.

AB926, s. 31 Section 31. 15.343 of the statutes is renumbered 15.132, and 15.132 (1), as renumbered, is amended to read:

AB926,20,15 15.132 (1) Division of forestry. There is created in the department of natural resources agriculture, trade and consumer protection a division of forestry.

AB926, s. 32 Section 32. 15.345 (6) of the statutes is renumbered 15.135 (5), and 15.135 (5) (intro.), as renumbered, is amended to read:

AB926,20,21 15.135 (5) Managed forest land board. (intro.) There is created in the department of natural resources agriculture, trade and consumer protection a managed forest land board consisting of the chief state forester or his or her designee and the following members appointed for 3-year terms:

AB926, s. 33 Section 33. 15.347 (2) of the statutes is renumbered 15.337 (1), and 15.337 (1) (intro.), as renumbered, is amended to read:

AB926,21,2 15.337 (1) Dry cleaner environmental response council. (intro.) There is created in the department of natural resources environmental quality a dry cleaner environmental response council consisting of the following members appointed for 3-year terms:

AB926, s. 34 Section 34. 15.347 (12) of the statutes is renumbered 15.337 (2) and amended to read:

AB926,21,9 15.337 (2) Metallic mining council. There is created in the department of natural resources environmental quality a metallic mining council consisting of 9 persons representing a variety and balance of economic, scientific and environmental viewpoints. Members shall be appointed by the secretary of the department for staggered 3-year terms.

AB926, s. 35 Section 35. 15.347 (13) of the statutes is renumbered 15.337 (3), and 15.337 (3) (a) and (b) 1., as renumbered, are amended to read:

AB926,21,14 15.337 (3) (a) Creation. There is created a groundwater coordinating council, attached to the department of natural resources environmental quality under s. 15.03. The council shall perform the functions specified under s. 160.50.

AB926,21,15 (b) 1. The secretary of natural resources environmental quality.

AB926, s. 36 Section 36. 15.347 (15) of the statutes is renumbered 15.337 (4), and 15.337 (4) (a) (intro.), as renumbered, is amended to read:

AB926,21,20 15.337 (4) (a) (intro.) There is created in the department of natural resources environmental quality a Milwaukee River revitalization council consisting of the following members:

AB926, s. 37 Section 37. 15.347 (17) of the statutes is renumbered 15.337 (5), and 15.337 (5) (a), as renumbered, is amended to read:

AB926,21,25 15.337 (5) (a) Creation and membership. There is created a council on recycling, attached to the department of natural resources environmental quality under s. 15.03, consisting of 7 members selected by the governor.

AB926, s. 38 Section 38. 15.347 (19) of the statutes is renumbered 15.137 (2m), and 15.137 (2m) (a) (intro.), as renumbered, is amended to read:

AB926,22,4 15.137 (2m) (a) (intro.) There is created in the department of natural resources agriculture, trade and consumer protection a council of forestry consisting of:

AB926, s. 39 Section 39. 15.915 (2) (a) of the statutes is amended to read:

AB926,22,9 15.915 (2) (a) The chancellor of the University of Wisconsin-Madison, the secretary of health services, the secretary of natural resources, the secretary of environmental quality, and the secretary of agriculture, trade and consumer protection, or their designees.

AB926, s. 40 Section 40. 15.915 (6) (b) 2m. of the statutes is created to read:

AB926,22,11 15.915 (6) (b) 2m. The secretary of environmental quality.

AB926, s. 41 Section 41. 16.02 (2) of the statutes is amended to read: