93.51(2)(a)(a) The department may provide consultation and assistance to distressed farmers, which may include but is not limited to providing employment and retraining counseling for farmers needing employment other than farming, operating a program in which volunteers advise or counsel farmers about financial matters and other concerns and operating a crisis hotline for farmers.
93.51(2)(b)
(b) The department may make grants to low-income farmers for the purpose of paying all or part of the tuition for a farmer who enrolls in a course on farm and business management techniques offered by a technical college.
93.51(2)(c)
(c) The department may promulgate rules necessary to implement this section.
93.51(3)(a)(a) The department may select volunteers to provide advice and counseling services to distressed farmers. Advisors shall have expertise and experience in relevant areas of knowledge.
93.51(3)(b)
(b) The department shall provide any necessary training to advisors.
93.51(3)(c)
(c) Advisors shall be compensated for travel and other necessary expenses in amounts approved by the department.
93.51(3)(d)
(d) Advisors and the department shall keep confidential all information obtained in the process of providing advice or counseling. Any such information contained in a record is not subject to the right of public inspection and copying under
s. 19.35 (1). This paragraph does not apply to information relating to possible criminal misconduct.
93.52
93.52
Dairy farmer exit-entry program. The department shall administer a program to assist in the transfer of farm operations from persons exiting the dairy industry to persons wishing to enter the industry, including assistance in negotiating the financial and legal aspects of farm transfers. The department shall keep confidential information obtained under the program. Any such information contained in a record is not subject to the right of public inspection and copying under
s. 19.35 (1).
93.52 History
History: 1997 a. 264.
93.55
93.55
Chemical and container collection grants. 93.55(1)(1)
Definitions. In this section:
93.55(1)(a)
(a) "Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
93.55(2)
(2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall fund all or a part of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in
s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under
s. 20.115 (7) (va).
93.55(2m)
(2m) Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under
sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in
s. 102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
93.55 Cross-reference
Cross Reference: See also s.
ATCP 34.01, Wis. adm. code.
93.57
93.57
Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste.
93.57 History
History: 1985 a. 29;
1995 a. 227 s.
699; Stats. 1995 s. 299.41;
2001 a. 109;
2003 a. 33 s.
2481s; Stats. 2003 s. 93.57.
93.57 Cross-reference
Cross Reference: See also ch.
NR 187, Wis. adm. code.
93.70
93.70
Conservation reserve enhancement program. 93.70(1)(1) The department may expend funds from the appropriation account under
s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under
16 USC 3834 (f) (4).
93.70(2)
(2) The department may not make a payment under
sub. (1) to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
93.70 History
History: 1999 a. 9;
2003 a. 33.
93.75
93.75
Payments to ethanol producers. 93.75(1)
(1)
Eligibility. Beginning on July 1, 2001, the department shall administer a program under which the department makes payments to a person who produces ethanol and who satisfies all of the following criteria:
93.75(1)(a)
(a) The person produces in this state, within 12 months, over 10,000,000 gallons of ethanol or, during the first 12 months that the person produces ethanol in this state, a lesser amount of ethanol that is established by the department by rule.
93.75(1)(b)
(b) The person has been producing ethanol in this state for fewer than 60 months.
93.75(1)(c)
(c) The person purchases the substances from which the person produces ethanol from a local source, as defined by the department by rule.
93.75(2)
(2) Payments. The department shall pay a person who is eligible under
sub. (1) at the rate of 20 cents per gallon for not more than 15,000,000 gallons of ethanol produced in this state within 12 months, except that if there are insufficient funds to make payments at this rate to all eligible persons the department shall prorate the payments.
93.75(3)
(3) Rules. The department shall promulgate rules for the program under this section. The department shall include all of the following in the rules:
93.75(3)(a)
(a) The amount of ethanol that a person must produce within the first 12 months that the person produces ethanol in this state to be eligible for payments under this section.
93.75(3m)(a)(a) The department of transportation shall monitor the impact of ethanol sales in this state on the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads.
93.75(3m)(b)
(b) If the department of transportation determines, on or before December 31, 2003, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2003, and not later than December 31, 2003.
93.75(3m)(c)
(c) If the department of transportation determines, after December 31, 2003, and before January 1, 2005, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2004, and not later than December 31, 2004.
93.75(3m)(d)
(d) If the department of transportation determines, after December 31, 2004, and before January 1, 2006, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2005, and not later than December 31, 2005.
93.75(4)
(4) Sunset. The department may not make a payment under this section after June 30, 2006, or the first day of the 6th month beginning after the department receives a notice under
sub. (3m), whichever is sooner.
93.75 History
History: 1999 a. 55.
93.80
93.80
Arsenic in wood. The department, jointly with the department of commerce, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.
93.80 History
History: 2001 a. 16.
93.90
93.90
Livestock facility siting and expansion. 93.90(1)
(1) This section is an enactment of statewide concern for the purpose of providing uniform regulation of livestock facilities.
93.90(1m)(b)
(b) "Application for approval" means an application for approval of a livestock facility siting or expansion.
93.90(1m)(c)
(c) "Board" means the livestock facility siting review board.
93.90(1m)(d)
(d) "Expansion" means an increase in the number of animals fed, confined, maintained, or stabled.
93.90(1m)(e)
(e) "Livestock facility" means a feedlot or facility, other than a pasture, where animals used in the production of food, fiber, or other animal products are or will be fed, confined, maintained, or stabled for a total of 45 days or more in any 12-month period. "Livestock facility" does not include an aquaculture facility.
93.90(1m)(f)
(f) "Political subdivision" means a city, village, town, or county.
93.90(2)(a)(a) For the purposes of this section, the department shall promulgate rules specifying standards for siting and expanding livestock facilities. In promulgating the rules, the department may incorporate by cross-reference provisions contained in rules promulgated under
ss. 92.05 (3) (c) and
(k),
92.14 (8),
92.16, and
281.16 (3) and
ch. 283. The department may not promulgate rules under this paragraph that conflict with rules promulgated under
s. 92.05 (3) (c) or
(k),
92.14 (8),
92.16, or
281.16 (3) or
ch. 283.
93.90(2)(b)
(b) In promulgating rules under
par. (a), the department shall consider whether the proposed standards, other than those incorporated by cross-reference, are all of the following:
93.90(2)(b)4.
4. Based on available scientific information that has been subjected to peer review.
93.90(2)(b)5.
5. Designed to promote the growth and viability of animal agriculture in this state.
93.90(2)(b)6.
6. Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.
93.90(2)(c)
(c) The department shall review rules promulgated under
par. (a) at least once every 4 years.
93.90(2)(d)
(d) The secretary shall appoint a committee of experts to advise the department on the promulgation of the rules under
par. (a) and on the review of rules under
par. (c).
93.90(2)(e)
(e) In addition to the rules under
par. (a), the department shall promulgate rules that do all of the following:
93.90(2)(e)1.
1. Specify the information and documentation that must be provided in an application for approval in order to demonstrate that a livestock facility siting or expansion complies with applicable state standards under
sub. (2) (a).
93.90(2)(e)2.
2. Specify the information and documentation that must be included in a record of decision making under
sub. (4) (b).
93.90(3)
(3) Political subdivision authority. 93.90(3)(a)(a) Notwithstanding
ss. 33.455,
59.03 (2) (a),
59.69,
60.10 (2) (i),
60.61,
60.62,
61.34 (1),
61.35,
62.11 (5),
62.23,
66.0415,
92.07 (2),
92.11, and
92.15 (3) (a), a political subdivision may not disapprove or prohibit a livestock facility siting or expansion unless at least one of the following applies:
93.90(3)(a)1.
1. The site is located in a zoning district that is not an agricultural zoning district.
93.90(3)(a)2.
2. The site is located in an agricultural zoning district in which the proposed new or expanded livestock facility is prohibited, subject to
pars. (b) and
(c).
93.90(3)(a)4.
4. The proposed new or expanded livestock facility violates a building, electrical, or plumbing code that is consistent with the state building, electrical, or plumbing code for that type of facility.
93.90(3)(a)5.
5. The proposed new or expanded livestock facility will have 500 or more animal units and violates a state standard under
sub. (2) (a).
93.90(3)(a)6.
6. The proposed new or expanded livestock facility will have 500 or more animal units and violates a requirement that is more stringent than the state standards under
sub. (2) (a) if the political subdivision does all of the following:
93.90(3)(a)6.a.
a. Adopts the requirement by ordinance before the applicant files the application for approval.
93.90(3)(a)6.b.
b. Bases the requirement on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that clearly show that the requirement is necessary to protect public health or safety.
93.90(3)(a)8.
8. The proposed new or expanded livestock facility will have fewer than 500 animal units but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003, and the proposed new or expanded livestock facility violates a state standard under
sub. (2) (a).
93.90(3)(a)9.
9. The proposed new or expanded livestock facility will have fewer than 500 animal units but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003, and the proposed new or expanded livestock facility violates a requirement that is more stringent than the state standards under
sub. (2) (a) if the political subdivision does all of the following:
93.90(3)(a)9.a.
a. Adopts the requirement by ordinance before the applicant files the application for approval.
93.90(3)(a)9.b.
b. Bases the requirement on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that clearly show that the requirement is necessary to protect public health or safety.
93.90(3)(ae)
(ae) A political subdivision that requires a special exception or conditional use permit for the siting or expansion of any of the following livestock facilities shall require compliance with the applicable state standards under
sub. (2) (a) as a condition of issuing the special exception or conditional use permit:
93.90(3)(ae)1.
1. A new or expanded livestock facility that will have 500 or more animal units.
93.90(3)(ae)2.
2. A new or expanded livestock facility that will have fewer than 500 animal units but that will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003.
