WI
Wisconsin Assembly Bill AB64

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB64 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 64
55 February 23, 2023 - Introduced by Representatives KITCHENS, NOVAK, SHANKLAND,
66 KRUG, C. ANDERSON, J. ANDERSON, ANDRACA, ARMSTRONG, BALDEH, BEHNKE,
77 CONSIDINE, DONOVAN, EMERSON, GREEN, JOERS, KNODL, MOSES, MURSAU,
88 OLDENBURG, PETRYK, PLUMER, ROZAR, SNODGRASS, SNYDER, SPIROS, SUBECK and
99 O'CONNOR, cosponsored by Senators C OWLES, TESTIN, BALLWEG,
1010 CABRAL-GUEVARA, PFAFF, ROYS and SPREITZER. Referred to Committee on
1111 Agriculture.
1212 ***AUTHORS SUBJECT TO CHANGE***
1313 AN ACT to repeal 281.75 (2) (e), 281.75 (9) (a) and 281.75 (11) (ae); to renumber
1414 and amend 281.75 (5) (f) and 281.75 (9) (b); to amend 281.75 (7) (c) 7., 281.75
1515 (11) (a) 8. and 281.75 (11m); and to create 281.75 (2) (g), 281.75 (5) (f) 2., 281.75
1616 (7) (d) and 281.75 (9) (am), (bm), (c) and (d) of the statutes; relating to: nitrate
1717 contamination and the well compensation grant program.
1818 Analysis by the Legislative Reference Bureau
1919 This bill expands eligibility for nitrate-contaminated wells under the well
2020 compensation grant program administered by the Department of Natural
2121 Resources.
2222 Under current law, an individual owner or renter of a contaminated private
2323 well, subject to eligibility requirements, may apply for a grant from DNR to cover a
2424 portion of the costs to treat the water, reconstruct the well, construct a new well,
2525 connect to a public water supply, or fill and seal the well.
2626 Under current law, a well that is contaminated only by nitrates is eligible for
2727 a grant only if the well is a water supply for livestock, is used at least three months
2828 in each year to provide more than 100 gallons of water per day for consumption by
2929 livestock, and contains nitrates in excess of 40 parts per million. Under the bill, the
3030 only eligibility requirement for a well that is contaminated only by nitrates is that
3131 the well is used at least three months in each year.
3232 Current law requires DNR to allocate money for payments of claims under the
3333 program according to the order in which claims are received. The bill retains this
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4141 requirement but provides that, among claims for contamination only by nitrates,
4242 DNR must allocate payments according to a specified priority ranking.
4343 Also under current law, a residential well that is contaminated only by bacteria
4444 is not eligible for a grant unless the well is in an area that is contaminated by fecal
4545 bacteria and the contamination is caused by livestock. The bill eliminates this
4646 restriction.
4747 The bill also requires DNR to award grants for the remediation method that is
4848 most effective for the health and welfare of the claimant. Finally, the bill requires
4949 DNR to report to the Joint Committee on Finance after the end of each fiscal year on
5050 the number of applicants under the well compensation program and the number and
5151 amounts of grants provided during that fiscal year.
5252 For further information see the state and local fiscal estimate, which will be
5353 printed as an appendix to this bill.
5454 The people of the state of Wisconsin, represented in senate and assembly, do
5555 enact as follows:
5656 SECTION 1. 281.75 (2) (e) of the statutes is repealed.
5757 SECTION 2. 281.75 (2) (g) of the statutes is created to read:
5858 281.75 (2) (g) Submit a report to the joint committee on finance after the end
5959 of each fiscal year that includes the number of claims submitted and the number and
6060 amounts of awards provided under this section during that fiscal year.
6161 SECTION 3. 281.75 (5) (f) of the statutes is renumbered 281.75 (5) (f) 1. and
6262 amended to read:
6363 281.75 (5) (f) 1. The Subject to subd. 2., the department shall allocate money
6464 for the payment of claims according to the order in which completed claims are
6565 received. The department may conditionally approve a completed claim even if the
6666 appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department
6767 shall allocate money for the payment of a claim which is conditionally approved as
6868 soon as funds become available.
6969 SECTION 4. 281.75 (5) (f) 2. of the statutes is created to read:
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8686 SECTION 4
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8888 281.75 (5) (f) 2. For claims of contamination by nitrates and not by any other
8989 substance, the department shall allocate money for the payment of those collective
9090 claims as provided under subd. 1. but shall allocate money for the payment of
9191 individual claims according to the priority order established under sub. (9). The
9292 department shall determine the method for allocating money for the payment of
9393 those claims in the manner that most effectively accomplishes the requirements of
9494 this paragraph and sub. (9).
9595 SECTION 5. 281.75 (7) (c) 7. of the statutes is amended to read:
9696 281.75 (7) (c) 7. If the claim is based on a contaminated water supply that is
9797 eligible under sub. (11) (ae) contaminated by bacteria, the cost of properly
9898 abandoning any improperly abandoned private water supply located on the property
9999 owned or leased by the claimant.
100100 SECTION 6. 281.75 (7) (d) of the statutes is created to read:
101101 281.75 (7) (d) The department may issue an award only for the eligible cost
102102 under this subsection that the department determines is the remediation method
103103 that is most effective for the health and welfare of the claimant.
104104 SECTION 7. 281.75 (9) (a) of the statutes is repealed.
105105 SECTION 8. 281.75 (9) (am), (bm), (c) and (d) of the statutes are created to read:
106106 281.75 (9) (am) Water containing nitrates in excess of 40 parts per million
107107 expressed as nitrate-nitrogen.
108108 (bm) Water containing nitrates in excess of 30 parts per million expressed as
109109 nitrate-nitrogen.
110110 (c) Water containing nitrates in excess of 25 parts per million expressed as
111111 nitrate-nitrogen.
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138138 (d) Water containing nitrates at no fewer than 10 parts per million and not in
139139 excess of 25 parts per million expressed as nitrate-nitrogen. Notwithstanding sub.
140140 (11) (b) 2., for awards under this paragraph, the department shall emphasize the use
141141 of reverse osmosis or similar methods prior to well remediation methods if the
142142 department determines reverse osmosis or similar methods are the most effective
143143 option for the health and welfare of the claimant.
144144 SECTION 9. 281.75 (9) (b) of the statutes is renumbered 281.75 (9) (intro.) and
145145 amended to read:
146146 281.75 (9) CONTAMINATION STANDARD; NITRATES. (intro.) Notwithstanding the
147147 requirement of contamination under sub. (7), if a private water supply meets the
148148 criteria under par. (a) and the claim is for claims based upon contamination by
149149 nitrates and not by any other substance, the department may make an award only
150150 if the private water supply produces water containing nitrates in excess of 40 parts
151151 per million expressed as nitrate-nitrogen. is used at least 3 months each year and
152152 shall make awards in the following order of priority:
153153 SECTION 10. 281.75 (11) (a) 8. of the statutes is amended to read:
154154 281.75 (11) (a) 8. If the claim is based on a contaminated private water supply,
155155 the contaminated private water supply is a residential water supply, that is
156156 contaminated only by bacteria or nitrates or both, and is not contaminated by any
157157 other substance, except as provided in par. (ae) and the contamination does not pose
158158 a risk to human health.
159159 SECTION 11. 281.75 (11) (ae) of the statutes is repealed.
160160 SECTION 12. 281.75 (11m) of the statutes is amended to read:
161161 281.75 (11m) ABANDONMENT OF CERTAIN PRIVATE WATER SUPPLIES. If the
162162 department determines that there is an improperly abandoned private water supply
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190190 SECTION 12
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192192 located on property owned or leased by a claimant with a contaminated private water
193193 supply that is eligible under sub. (11) (ae) contaminated by bacteria, the department
194194 may issue an award only if the claimant properly abandons the improperly
195195 abandoned private water supply.
196196 (END)
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