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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1122
March 6, 2024 - Introduced by Representatives NOVAK, TRANEL, SHANKLAND,
KITCHENS, C. ANDERSON, BARE, BEHNKE, EMERSON, JACOBSON, JOERS, S.
JOHNSON, KRUG, MELOTIK, MURSAU, O'CONNOR, PETRYK and SUBECK,
cosponsored by Senator SPREITZER. Referred to Committee on Environment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 20.370 (6) (cs), 281.73 and 281.74 of the statutes; relating to:
grants for testing privately owned wells and providing education, providing an
exemption from emergency rule procedures, granting rule-making authority,
and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to create and
administer a program to provide two types of grants: 1) grants, not to exceed $10,000,
to any county and to any city, village, or town that contains privately owned wells or
water supplies to test and map privately owned wells to assess groundwater quality
and determine the extent of any contamination and to study and map geologic
characteristics and well construction practices to determine any correlation between
water quality, geology, and well construction; and 2) grants, not to exceed $10,000,
to county health departments and county land and water conservation departments
to provide education and outreach related to well testing. Applicants may apply for
a grant individually or jointly with other applicants and may apply for both types of
grants simultaneously. Under the bill, the recipient of a testing and mapping grant
must share the results of its testing with DNR and the University of
Wisconsin–Stevens Point Center for Watershed Science and Education but may not
include any personally identifiable information, including specific property
locations, with the submitted results.
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ASSEMBLY BILL 1122
The bill also requires cities, villages, and towns that contain privately owned
wells or water supplies to inform its residents of the importance of regular well
testing.
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. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.370 Natural resources, department of
(6) ENVIRONMENTAL AIDS
(cs)Environmental aids - private
well testing grant program SEG A -0- 1,000,000
SECTION 2. 20.370 (6) (cs) of the statutes is created to read:
20.370 (6) (cs) Environmental aids - private well testing grant program. From
the environmental fund, the amounts in the schedule to provide grants for testing
privately owned wells under s. 281.73.
SECTION 3. 281.73 of the statutes is created to read:
281.73 Private well testing grant program. (1) The department shall
administer a program to provide the following grants from the appropriation under
s. 20.370 (6) (cs):
(a) Grants to any county and to any city, village, or town that contains privately
owned wells or water supplies for the purpose of testing and mapping privately
owned wells to assess groundwater quality and to determine the extent and type of
any contamination and to study and map geologic characteristics and well
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SECTION 3
ASSEMBLY BILL 1122
construction practices, including depth to bedrock and well age, to determine any
correlation between water quality, geology, and well construction. A grant provided
under this paragraph may not exceed $10,000.
(b) Grants to county health departments and county land and water
conservation departments for the purpose of providing education and outreach
related to well testing. A grant provided under this paragraph may not exceed
$10,000.
(2) Eligible applicants may apply for the grants under sub. (1) individually or
jointly with any other eligible applicant and may apply for the grants under sub. (1)
(a) and (b) simultaneously.
(3) The recipient of a grant under sub. (1) (a) shall submit the results of its
testing and study to the department and the University of Wisconsin–Stevens Point
Center for Watershed Science and Education but may not include any personally
identifiable information, including specific property locations, with the submitted
results.
(4) The department may promulgate rules to implement this section.
SECTION 4. 281.74 of the statutes is created to read:
281.74 Well testing importance. A city, village, or town that contains
privately owned wells or water supplies shall inform its residents of the importance
of regular well testing.
SECTION 5.0Nonstatutory provisions.
(1) 2025-27 BIENNIAL BUDGET REQUEST. In submitting information under s. 16.42
for purposes of the 2025-27 biennial budget bill, the department of natural resources
shall include a request to provide $2,000,000 in funding for fiscal year 2025-26 and
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SECTION 5 ASSEMBLY BILL 1122
$2,000,000 in funding for fiscal year 2026-27 for the private well testing grant
program under s. 281.73.
(2) EMERGENCY RULES. The department of natural resources may use the
procedure under s. 227.24 to promulgate emergency rules relating to the private well
testing grant program under s. 281.73 for the period before the effective date of any
permanent rules promulgated under s. 281.73 but not to exceed the period
authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating emergency
rules under this subsection, the department is not required to provide evidence that
promulgating a rule under this subsection as an emergency rule is necessary for the
preservation of the public peace, health, safety, or welfare and is not required to
provide a finding of emergency for a rule promulgated under this subsection.
SECTION 6.0Effective date.
(1) This act takes effect on the day after publication, or on the 2nd day after
publication of the 2023 biennial budget act, whichever is later.
(END)
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