Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB819 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 819
5	5	December 8, 2023 - Introduced by Representatives DRAKE, SUBECK, STUBBS,
6	6	CONSIDINE, MOORE OMOKUNDE, EMERSON, ANDRACA, JACOBSON, PALMERI, JOERS,
7	7	NEUBAUER, RATCLIFF, BALDEH, J. ANDERSON, OHNSTAD, CLANCY, SHELTON,
8	8	SINICKI, VINING, C. ANDERSON, MADISON and SHANKLAND, cosponsored by
9	9	Senators TAYLOR, L. JOHNSON, ROYS, AGARD, SPREITZER, HESSELBEIN, SMITH,
10	10	CARPENTER and LARSON. Referred to Committee on Environment.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 23.097 (1); to amend 23.097 (1g) and 23.097
13	13	(1r); and to create 23.097 (1) (b) and 23.097 (1m) of the statutes; relating to:
14	14	grants for planting trees to address urban heat islands, eligible recipients for
15	15	urban forestry grants, providing an exemption from emergency rule
16	16	procedures, and making an appropriation.
17	17	Analysis by the Legislative Reference Bureau
18	18	Under current law, the Department of Natural Resources administers an urban
19	19	forestry grants program to provide grants to municipalities and nonprofit
20	20	organizations to undertake various tree projects in urban areas.
21	21	This bill requires DNR, under the urban forestry grants program, to also award
22	22	grants of up to $100,000 to municipalities, federally recognized American Indian
23	23	tribes or bands located in this state, and nonprofit organizations to plant trees to
24	24	reduce the effects of urban heat islands. The bill defines an “urban heat island” as
25	25	an urban or metropolitan area that is significantly warmer than the surrounding
26	26	natural land cover. The bill increases funding for the urban forestry grant program
27	27	by $500,000 in the 2023-24 fiscal year from the conservation fund to provide these
28	28	new grants and allows DNR to promulgate emergency rules to administer the grant
29	29	program. The bill also clarifies that federally recognized American Indian tribes or
30	30	bands located in this state are also eligible for the other types of grants under the
31	31	existing program.
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38	38	ASSEMBLY BILL 819
39	39	For further information see the state and local fiscal estimate, which will be
40	40	printed as an appendix to this bill.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 23.097 (1) of the statutes is renumbered 23.097 (1) (intro.) and
44	44	amended to read:
45	45	23.097 (1) (intro.) In this section, a “nonprofit:
46	46	(a) “Nonprofit organization" means an organization that is described in section
47	47	501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
48	48	under section 501 (a) of the Internal Revenue Code.
49	49	SECTION 2. 23.097 (1) (b) of the statutes is created to read:
50	50	23.097 (1) (b) “Urban heat island” means an urban or metropolitan area that
51	51	is significantly warmer than the surrounding natural land cover.
52	52	SECTION 3. 23.097 (1g) of the statutes is amended to read:
53	53	23.097 (1g) The department shall award grants to counties, cities, villages,
54	54	towns, and nonprofit organizations, and federally recognized American Indian tribes
55	55	or bands located in this state for up to 50 percent of the cost of tree management
56	56	plans, tree inventories, brush residue projects, the development of tree management
57	57	ordinances, tree disease evaluations, public education concerning trees in urban
58	58	areas and other tree projects.
59	59	SECTION 4. 23.097 (1m) of the statutes is created to read:
60	60	23.097 (1m) The department shall award grants to counties, cities, villages,
61	61	towns, nonprofit organizations, and federally recognized American Indian tribes or
62	62	bands located in this state to cover the costs of planting, maintaining, and removing
63	63	and replacing trees in urban and metropolitan areas to reduce the negative effects
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87	87	SECTION 4
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89	89	of urban heat islands. Grants under this subsection may not exceed $100,000 and
90	90	may be made for the full amount of the costs of an eligible project.
91	91	SECTION 5. 23.097 (1r) of the statutes is amended to read:
92	92	23.097 (1r) In addition to the grants awarded under sub. subs. (1g) and (1m),
93	93	the department may award grants to counties, cities, village, towns, nonprofit
94	94	organizations, and federally recognized American Indian tribes or bands located in
95	95	this state that apply for the grants for the costs of removing, saving, and replacing
96	96	trees that have been damaged by catastrophic storm events in urban areas. To be
97	97	eligible for a grant under this subsection, the damage must have occurred in an area
98	98	for which the governor has designated a state of emergency due to a catastrophic
99	99	storm event. The department shall notify each applicant for a grant under this
100	100	subsection as to whether the application for the grant will be approved or denied
101	101	within 60 days after the date the application is submitted to the department. A
102	102	recipient of a grant awarded under this subsection is exempt from having to pay any
103	103	percentage of the costs in order to receive the grant.
104	104	SECTION 6.0Nonstatutory provisions.
105	105	(1) EMERGENCY RULES. Using the procedure under s. 227.24, the department of
106	106	natural resources may promulgate emergency rules to implement s. 23.097 (1m) for
107	107	the period before the effective date of any permanent rules promulgated under s.
108	108	23.097 (1m) but not to exceed the period authorized under s. 227.24 (1) (c), subject
109	109	to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3),
110	110	the department is not required to provide evidence that promulgating a rule under
111	111	this subsection as an emergency rule is necessary for the preservation of the public
112	112	peace, health, safety, or welfare and is not required to provide a finding of emergency
113	113	for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d.,
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140	140	SECTION 6 ASSEMBLY BILL 819
141	141	the department is not required to prepare a statement of scope of the rules
142	142	promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g., the
143	143	department is not required to present the rules promulgated under this subsection
144	144	to the governor for approval.
145	145	SECTION 7.0Fiscal changes.
146	146	(1) In the schedule under s. 20.005 (3) for the appropriation to the department
147	147	of natural resources under s. 20.370 (5) (az), the dollar amount for fiscal year
148	148	2023-24 is increased by $500,000 to provide grants under s. 23.097 (1m) relating to
149	149	urban heat islands.
150	150	SECTION 8.0Effective date.
151	151	(1) This act takes effect on the day after publication, or on the 2nd day after
152	152	publication of the 2023 biennial budget act, whichever is later.
153	153	(END)
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