2019 - 2020 LEGISLATURE
February 7, 2020 - Introduced by Representatives Pope, Hebl, Shankland,
Anderson, Billings, Brostoff, Emerson, Fields, Neubauer, C. Taylor,
Zamarripa, Sargent, Subeck, Gruszynski, Stubbs, Cabrera, Milroy, Sinicki,
Hesselbein, Ohnstad, Considine and Vruwink, cosponsored by Senators
Miller, Smith, Risser, Erpenbach, Larson, Schachtner, Carpenter and
Wirch. Referred to Committee on Agriculture.
AB867,1,5 1An Act to renumber and amend 283.31 (8); and to create 20.285 (1) (ib),
220.370 (4) (ca), 20.370 (4) (cb), 20.435 (1) (d), 20.435 (1) (r), 280.11 (3), 281.16
3(3) (em), 281.16 (3) (f) and 283.31 (5d) of the statutes; relating to: groundwater
4monitoring, CAFO fees, nutrient management plans, well construction rules,
5the SnapPlus program, and making an appropriation.
Analysis by the Legislative Reference Bureau
The bill increases the annual fee for concentrated animal feeding operations
from $345 to $650. Under the bill, once every five years a CAFO must pay a fee of
$3,270 instead of the $650 fee.
In addition, the bill requires DNR to establish a plan to expand nutrient
management planning and cost-sharing availability to meet the goal of having all
farmers and all manure landspreading operations be covered by a nutrient
management plan by 2030. The bill also allows DNR to require groundwater
monitoring at any manure landspreading location in sensitive areas of the state if
a public health risk exists.
The bill also requires DNR, as necessary, to establish rules and update existing
rules relating to well construction and pump installation to provide enhanced
requirements to protect groundwater in sensitive geologic formations.
Under the bill, DNR, the Department of Agriculture, Trade and Consumer
Protection, the U.S. Department of Agriculture Natural Resources Conservation
Service, the University of Wisconsin-Extension, and the University of

Wisconsin-Madison Department of Soil Science must collaborate to update the
SnapPlus program, to take into account nutrient loss. The UW-Extension must also
update its nutrient application guidelines to take into account nutrient loss.
Finally, the bill creates several sum sufficient appropriations to ensure rapid
response time for the State Laboratory of Hygiene to perform testing relating to
water contamination; for DNR and the Department of Health Services to perform
emergency testing of public and private water supplies near areas of known
contamination from perfluoroalkyl or polyfluoroalkyl substances (PFAS); for DNR to
assist municipalities and the public in addressing local sites that are contaminated
with PFAS; and for DHS to make recommendations to DNR on groundwater
standards.
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:
AB867,1 1Section 1. 20.285 (1) (ib) of the statutes is created to read:
AB867,2,32 20.285 (1) (ib) State laboratory of hygiene, water analyses. A sum sufficient to
3ensure rapid response times for testing relating to water contamination.
AB867,2 4Section 2. 20.370 (4) (ca) of the statutes is created to read:
AB867,2,75 20.370 (4) (ca) PFAS rapid response. From the general fund, a sum sufficient
6for emergency testing of public and private water supplies near areas of known
7contamination from perfluoroalkyl or polyfluoroalkyl substances.
AB867,3 8Section 3. 20.370 (4) (cb) of the statutes is created to read:
AB867,2,119 20.370 (4) (cb) PFAS assistance. From the general fund, a sum sufficient to
10assist municipalities and the public in addressing local sites that are contaminated
11from perfluoroalkyl or polyfluoroalkyl substances.
AB867,4 12Section 4. 20.435 (1) (d) of the statutes is created to read:
AB867,2,1513 20.435 (1) (d) PFAS rapid response. A sum sufficient for emergency testing of
14public and private water supplies near areas of known contamination from
15perfluoroalkyl or polyfluoroalkyl substances.
AB867,5
1Section 5. 20.435 (1) (r) of the statutes is created to read:
AB867,3,32 20.435 (1) (r) Groundwater standards. From the environmental fund, a sum
3sufficient to make groundwater recommendations under s. 160.
AB867,6 4Section 6. 280.11 (3) of the statutes is created to read:
AB867,3,75 280.11 (3) The department shall, as necessary, promulgate rules and update
6existing rules relating to well construction and pump installation to provide
7enhanced requirements to protect groundwater in sensitive geologic formations.
AB867,7 8Section 7 . 281.16 (3) (em) of the statutes is created to read:
AB867,3,129 281.16 (3) (em) The department shall establish a plan to expand nutrient
10management planning and cost-sharing availability with the goal of having every
11owner or operator of an agricultural practice in this state, and every person who
12applies manure to land in this state, develop a nutrient management plan by 2030.
AB867,8 13Section 8. 281.16 (3) (f) of the statutes is created to read:
AB867,3,1614 281.16 (3) (f) The department may require groundwater monitoring at any
15location of an agricultural practice and any location where manure is applied to land,
16if located in a sensitive area and if a public health risk exists.
AB867,9 17Section 9. 283.31 (5d) of the statutes is created to read:
AB867,3,2018 283.31 (5d) Each permit issued by the department under this section to an
19animal feeding operation or to a person who applies manure to land may, in addition
20to those criteria provided in subs. (3) and (4), require groundwater monitoring.
AB867,10 21Section 10. 283.31 (8) of the statutes, as affected by 2019 Wisconsin Act 9, is
22renumbered 283.31 (8) (a) and amended to read:
AB867,4,223 283.31 (8) (a) The holder of a permit under this section for a concentrated
24animal feeding operation shall annually pay to the department a fee of $345, which

1shall be credited to the appropriation account under s. 20.370 (9) (ag)
$650, except
2in years in which the permit holder pays the fee under par. (b)
.
AB867,4,4 3(b) The holder of a permit under this section for a concentrated animal feeding
4operation shall pay to the department a fee of $3,270 every 5 years.
AB867,4,6 5(c) The fee paid under pars. (a) and (b) shall be credited to the appropriation
6account under s. 20.370 (9) (ag).
AB867,4,11 7(d) The department shall annually submit a report to the joint committee on
8finance and, under s. 13.172 (3), to the standing committees of the legislature with
9jurisdiction over agricultural and environmental matters describing the use of the
10moneys credited to the appropriation account under s. 20.370 (9) (ag) under this
11subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).
AB867,11 12Section 11. Nonstatutory provisions.
AB867,4,1813 (1) Updating SnapPlus. The department of natural resources, department of
14agriculture, trade and consumer protection, U.S. Department of Agriculture Natural
15Resources Conservation Service, University of Wisconsin-Extension, and
16University of Wisconsin-Madison Department of Soil Science shall collaborate to
17update any nutrient management software program provided to the public,
18including the online SnapPlus program, to take into account nutrient loss.
AB867,4,2119 (2) Updating nutrient recommendations. The University of
20Wisconsin-Extension shall update its nutrient application guidelines to take into
21account nutrient loss.
AB867,4,2222 (End)
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