The applicant holds, or if the applicant is an organization rather than an individual, demonstrates that the individual in control of the project holds a valid professional weather modification license issued under sub. (4)
The applicant has furnished proof of financial responsibility in accordance with sub. (7)
The project is reasonably conceived to improve water quality or quantity, reduce losses from weather hazards, provide economic benefits to the people of this state, advance or enhance scientific knowledge or otherwise carry out the objectives and purposes of this section;
The project is designed to include adequate safeguards to minimize possible damage to the public health, safety or welfare or to the environment;
The project will not adversely affect another operation for which a permit has been issued;
The applicant has complied with the permit fee requirement under par. (g)
The applicant has complied with and the project conforms to such other criteria for issuance of permits as have been established by rules and regulations of the department under this section.
In order to carry out the objectives and purposes of this section, the department may condition and limit permits as to primary target area, time of the operation, materials and methods to be used in conducting the operation, emergency shutdown procedure and any other operational requirements as may be established by the department.
The department shall issue only one permit at a time for operations in any geographic area if 2 or more operations conducted within the conditions and limits of the permits might adversely interfere with each other.
The fee for each permit or renewal of a permit is $100, payable to the department prior to permit issuance or renewal. If the cost of the operation is more than $10,000 and the operation will be conducted under contract, the permit fee shall be equivalent to one percent of the value of the contract. If the operation will not be conducted under contract and is estimated, by the department, to cost more than $10,000, the permit fee shall be equivalent to one percent of the estimated costs.
A separate permit is required for each operation. When an operation is conducted under contract, a permit is required for each separate contract. Each permit or renewal permit shall expire one year from the date of its issuance. The department may conditionally approve a project for a continuous time period in excess of one year's duration. Permits for the operations must be renewed annually. In approving the renewal of a permit for a continuous program, the department shall review and approve the permittee's operational record, and then may issue a renewal of the permit for the operation to continue.
The permittee shall confine his or her activities within the limits specified in the permit, except to the extent that the limits are modified by the department. The permittee shall comply with any conditions of the permit as originally issued or as subsequently modified by the department.
(7) Proof of financial responsibility.
Proof of financial responsibility is made by showing to the satisfaction of the department that the permittee has the ability to respond in damages to liability which might reasonably result from the operation for which the permit is sought. Proof of financial responsibility may, but shall not be required to, be shown by:
Presentation to the department of proof of a prepaid noncancelable insurance policy against liabilities in an amount set by the department; or
Filing with the department a corporate surety bond, cash or negotiable securities in an amount approved by the department.
The department may revise the conditions and limits of a permit if:
The permittee is given notice and a reasonable opportunity for a hearing on the need for a revision; and
It appears to the department that a modification of the conditions and limits of a permit is necessary to protect the public health, safety and welfare or the environment.
If it appears to the department that an emergency situation exists or is impending which could endanger the public health, safety or welfare or the environment, the department may, without prior notice or a hearing, immediately modify the conditions and limits of a permit, or order temporary suspension of the permit. The issuance of such an order shall include notice of a hearing to be held within 10 days thereafter on the question of permanently modifying the conditions and limits or continuing the suspension of the permit. Failure to comply with an order temporarily suspending an operation or modifying the conditions and limits of a permit shall be grounds for immediate revocation of the permit and of the license of the person controlling the operation.
It shall be the responsibility of the permittee to notify the department of any emergency which can reasonably be foreseen, or of any existing emergency situations which might be caused or affected by the operation. Failure by the permittee to so notify the department of any existing emergency, or any impending emergency which should have been foreseen, may be grounds, at the discretion of the department, for revocation of the permit and of the license of the person controlling the operation.
(9) Suspension, revocation, refusal to renew permit. 93.35(9)(a)(a)
The department may suspend or revoke a permit if it appears that the permittee no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this section or of any of the rules and regulations issued under this section.
The department may refuse to renew a permit if it appears from the operational records and reports of the permittee that an original permit would not be issuable for the operation, or if the permittee has violated any provision of this section or of any of the rules issued under this section.
(10) Restoration of license or permit. 93.35(10)(a)(a)
At any time after the suspension or revocation of a license or permit under sub. (9) (a)
the department may restore it to the licensee or permittee upon a finding that the requirements for issuance of an original license or permit have been met by the licensee or permittee.
At any time after the refusal to renew a license or permit under sub. (9) (b)
the department may renew it upon a finding that the requirements for issuance of an original license or permit have been met by the licensee or permittee.
(11) Decision review.
Any decision made by the department under this section is reviewable under ch. 227
In order to aid in research and development of weather modification and to aid in the protection of the public health, safety and welfare and the environment, any person conducting any weather modification in this state or elsewhere by undertaking operations within this state shall keep records and file reports at times and in the manner and form as may be required by rules issued under this section.
Record and report forms may be developed by the department showing the method of weather modification employed in the operation, the type of equipment used, the kind and amount of each material used, the times and places the equipment was operated, the times when there was modifiable weather but the permittee did not operate and the reasons for not operating, the name and address of each individual, other than the licensee, who participates or assists in the operation, the manner in which operations do not conform to the conditions and limits of the permit as established under sub. (6)
or as modified under sub. (8)
, weather observations and records specified by the department and any other necessary data the department may, by rule, require.
The records and reports which are in the custody of the department and which have been filed with it under this section or under the rules made under this section shall be kept open for public examination as public documents.
(13) State immunity.
Nothing in this section shall be construed to impose or accept any liability or responsibility by the state, its agencies and the officers and employees of the state or its agencies for any injury caused by any persons who conduct weather modification operations.
An operation conducted under the license and permit requirements of this section is not an ultrahazardous or an abnormally dangerous activity which makes the licensee or permittee subject to liability without fault.
Dissemination of materials and substances into the atmosphere by a permittee acting within the conditions and limits of his or her permit shall not give rise to the contention that the use of the atmosphere constitutes trespass.
Except as provided in pars. (a)
and in sub. (13)
nothing in this section shall prevent any person adversely affected by a weather modification operation from recovering damages resulting from intentional harmful actions or negligent conduct by a permittee.
Failure to obtain a license and permit before conducting an operation, or operational activities which knowingly constitute a violation of the conditions or limits of a permit, shall constitute negligence.
The fact that a person holds a license or was issued a permit under this section, or that the person has complied with the rules made by the department under this section, is not admissible as a defense in any legal action which may be brought against the person.
Any person who violates this section or any rules promulgated under this section shall be fined not more than $1,000 or imprisoned for not more than 6 months or both.
The department may apply to a court of competent jurisdiction for an injunction, either temporary or permanent, to restrain violations of this section or rules promulgated under this section.
See also s. ATCP 54.06
, Wis. adm. code.
Dairy promotion. 93.40(1)(1)
The department shall:
Promote the sale of Wisconsin dairy products.
Stimulate, promote, advertise and publicize the dairy industry in this state.
Create an accurate national and international image of the state dairy industry.
Encourage all farmers and dairy businesses to participate in available education programs.
Encourage and cooperate with communities, groups and individuals in the state in pursuing the dairy promotion objectives of the department.
Coordinate and stimulate the orderly and ecologically sound development of the dairy industry throughout the state.
Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers and grants to persons operating processing plants.
The department shall annually formulate a plan to encourage the marketing of dairy products and the promotion of the dairy industry of the state for the ensuing year, and shall implement the plan. The department shall cooperate with farmers, dairy businesses and organizations to assure coordination with private plans and programs.
The department may:
Collect and disseminate information as to the availability and the economic and nutritional advantages of dairy products.
Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of tourism tourist information centers along major highways into the state.
Provide advice and service to persons or groups engaged in the dairy industry.
Conduct research into the status and needs of the dairy industry.
The department shall plan and conduct a program of advertising designed to promote the dairy industry. Any contracts engaging a private agency to conduct an advertising or promotion program under this subsection shall reserve to the department the right to terminate the contract if the service is unsatisfactory to the department. The department shall encourage and coordinate the efforts of public and private organizations to publicize the dairy industry. Any public or private organization not organized or incorporated for profit may apply to the department for advertising funds under this section. Prior to applying for these funds, each prospective applicant shall submit a plan and budget specifying the media to be used, the market to be approached, the dairy product or component of the dairy industry to be promoted and the applicant's estimated expenditures and receipts for the various projects within the plan. The department may promulgate rules imposing additional requirements to ensure that public funds are efficiently used to promote dairy products and the dairy industry of this state.
Stray voltage. 93.41(1)(1)
The department shall participate in the stray voltage program established under s. 196.857
The department shall develop informational and educational materials on stray voltage and provide those materials to the public in cooperation with the University of Wisconsin-Extension and the technical college system board and shall study the need for any other state action not in effect under this section or s. 196.857
necessary to protect the public health and welfare from the harmful effects of stray voltage.
The department shall impose annual fees upon rural electric cooperatives organized under ch. 185
. The amount of the fees shall total the amount appropriated under s. 20.115 (3) (jm)
. The fees received under this subsection shall be credited to the appropriation account under s. 20.115 (3) (jm)
Center for international agribusiness marketing.
The department shall establish and operate a center for international agribusiness marketing. The center shall promote the export of this state's agricultural and agribusiness products in foreign markets by:
Assisting in the performance of market research and planning to identify international marketing opportunities for the state's products and firms and providing technical assistance on international marketing to individual businesses.
Organizing and participating in trade shows and trade missions to foreign markets.
Coordinating federal, regional, state and local marketing information which may lead to export opportunities for the state's products.
Assisting persons considering direct investments, joint ventures, licensing or other business arrangements for the production of agribusiness products in this state.
Cooperating with the Wisconsin Economic Development Corporation in promoting the state's products through the state's foreign trade offices.
Veteran farmer assistance and outreach program; veteran farmer logotype. 93.43(1)(1)
Veteran farmer assistance and outreach program. 93.43(1)(a)
The department shall establish and implement a program to integrate veterans into the field of agriculture and support veterans currently working in agriculture. The department shall consult with the department of veterans affairs, the department of military affairs, and the federal department of agriculture in creating the program. The department shall consult with the department of corrections to identify and assist formerly incarcerated veterans under the program.
The program created under this section shall include assisting veterans in rural and urban communities; providing employment, mentorship, and outreach opportunities; facilitating education opportunities, including through the University of Wisconsin System and the technical college system; providing advice, technical assistance, and training; connecting veterans with local, state, and federal resources; and creating an Internet site relating to the program.
An immediate family member of a veteran under s. 45.01 (12) (g)
shall be eligible to participate in the program created under this section.
(2) Veteran farmer logotype.
The department shall assist the department of veterans affairs in designing a logotype under s. 45.12 (2m)
. The department shall prohibit the use of the logotype by persons other than persons certified under s. 45.12 (2m) (a)
History: 2017 a. 121
; s. 35.17 correction in (1) (b).
Commodity promotion. 93.44(1)(1)
The department shall initiate projects to promote commodities produced in this state.
The department shall allow all products and commodities produced or manufactured in this state that meet the standards established by the department to be included in the department's promotional campaign that uses the phrase “Something Special from Wisconsin", which phrase is a certified mark that is registered under federal law. The department may establish standards to be used to prohibit or limit the use of the certified mark to preserve its marketing value and significance. The standards may prohibit or limit the use of the certified mark based upon the grade or quality of a product or commodity and the standards may prohibit the use of the certified mark by a product or commodity which imitates a product or commodity for which there is a standard of identity established under state or federal law.
The department shall develop at least one slogan or logo, or both, for the promotion of Wisconsin agricultural products for display on signs placed by the department of transportation under s. 86.19 (1m)
The department by rule may establish a fee for the use of the mark and any slogan or logo under this section. The fees shall be credited to the appropriation under s. 20.115 (3) (L)
Buy local, buy Wisconsin.
The department shall conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption. In the program, the department shall emphasize the development of regional food and cultural tourism trails and the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers.
History: 2007 a. 20