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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1059
February 2, 2024 - Introduced by Representatives BODDEN, BEHNKE, GOEBEN,
BRANDTJEN, DITTRICH, RETTINGER, SCHMIDT, GUNDRUM, MURPHY and WICHGERS.
Referred to Committee on Environment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 285.675 (1) (a), 285.675 (3) (d), 299.83 and 299.85; to
consolidate, renumber and amend 285.675 (1) (intro.) and (b); to amend
23.50 (1) and 299.95; and to create 66.0441 and 299.87 of the statutes;
relating to: eliminating the green tier program and the environmental
compliance audit program and restricting governmental actions with regard to
certain international programs and organizations.
Analysis by the Legislative Reference Bureau
This bill repeals the green tier program and the environmental compliance
audit program, both administered by the Department of Natural Resources, and
limits certain activities of DNR and local governments with regard to international
programs and organizations.
Green tier program
Under current law, DNR administers the green tier program, under which
qualified participants voluntarily agree to improve their environmental
performance in return for incentives provided by DNR. There are two tiers of
participation in the program, both of which require the participant to have an
environmental management system that meets certain requirements and to conduct
internal audits of the system. In addition, a tier II participant must commit to annual
audits of its environmental management system by DNR and must demonstrate that
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it has a record of superior environmental performance. Incentives for participation
in the program range from public recognition and use of a program logo by tier I
participants to negotiating reduced frequency of inspections by tier II participants.
The bill repeals this program.
Environmental compliance audit program
Under current law, DNR also administers the environmental compliance audit
program. Under the program, an entity that is subject to environmental regulations
may limit liability for certain violations by voluntarily submitting an environmental
compliance audit report to DNR that identifies corrective actions to be taken. If the
entity meets certain requirements, including remedying violations within specified
time frames, civil enforcement is deferred and criminal prosecution may be limited.
The bill repeals this program.
Governmental policies related to certain international organizations
Under the bill, no political subdivisions of this state may enter into an
agreement, provide moneys to, or receive moneys from a nongovernmental or
intergovernmental organization that is accredited or enlisted by the United Nations
to assist in the implementation of the 2030 Agenda, a resolution that was adopted
on September 25, 2015, by the General Assembly of the United Nations entitled
“Transforming our world: the 2030 Agenda for Sustainable Development.”
The bill also provides that neither DNR nor any political subdivision may adopt
or implement a policy recommendation that originated in or that is traceable to the
2030 Agenda or any other international law or ancillary plan of action if the adoption
or implementation results in the infringement or restriction of private property
rights without due process or otherwise contravenes the U.S. Constitution or the
Constitution of the State of Wisconsin.
For further information see the state and local 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:
SECTION 1. 23.50 (1) of the statutes is amended to read:
23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2),
subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
administrative rules promulgated thereunder, violations specified under s. 280.98
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(2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s.
281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal,
violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a),
or 30.77.
SECTION 2. 66.0441 of the statutes is created to read:
66.0441 Policies related to international organizations. (1) In this
section:
(a) “2030 Agenda” means the resolution adopted on September 25, 2015, by the
General Assembly of the United Nations entitled “Transforming our world: the 2030
Agenda for Sustainable Development.”
(b) “Political subdivision” means a city, village, town, or county.
(2) (a) No political subdivision may adopt or implement a policy
recommendation that originated in or that is traceable to the 2030 Agenda or any
other international law or ancillary plan of action if the adoption or implementation
results in the infringement or restriction of private property rights without due
process or otherwise contravenes the U.S. Constitution or the Constitution of the
State of Wisconsin.
(b) No political subdivision may enter into an agreement, provide moneys to,
or receive moneys from a nongovernmental or intergovernmental organization that
is accredited or enlisted by the United Nations to assist in the implementation of the
2030 Agenda.
SECTION 3. 285.675 (1) (intro.) and (b) of the statutes are consolidated,
renumbered 285.675 (1) and amended to read:
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SECTION 3 ASSEMBLY BILL 1059
285.675 (1) In this section: (b) “Registration, “registration permit" means an
air pollution control permit under s. 285.60 (2g).
SECTION 4. 285.675 (1) (a) of the statutes is repealed.
SECTION 5. 285.675 (3) (d) of the statutes is repealed.
SECTION 6. 299.83 of the statutes is repealed.
SECTION 7. 299.85 of the statutes is repealed.
SECTION 8. 299.87 of the statutes is created to read:
299.87 Policies related to international organizations. The department
may not adopt or implement a policy recommendation that originated in or that is
traceable to the 2030 Agenda, as defined in s. 66.0441 (1) (a), or any other
international law or ancillary plan of action if the adoption or implementation
results in the infringement or restriction of private property rights without due
process or otherwise contravenes the U.S. Constitution or the Constitution of the
State of Wisconsin.
SECTION 9. 299.95 of the statutes is amended to read:
299.95 Enforcement; duty of department of justice; expenses. The
attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
permits, and water quality certifications of the department, except those
promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
in ss. 281.36 (14) (f), and 285.86 and 299.85 (7) (am). Except as provided in s. 295.79
(1), the circuit court for Dane county or for any other county where a violation
occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
or this chapter or the rule, special order, license, plan approval, permit, or
certification by injunctional and other relief appropriate for enforcement. For
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purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or
the rule, special order, license, plan approval, permit or certification prohibits in
whole or in part any pollution, a violation is considered a public nuisance. The
department of natural resources may enter into agreements with the department of
justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this
chapter. Any funds paid to the department of justice under these agreements shall
be credited to the appropriation account under s. 20.455 (1) (k).
(END)
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