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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 819
December 8, 2023 - Introduced by Representatives DRAKE, SUBECK, STUBBS,
CONSIDINE, MOORE OMOKUNDE, EMERSON, ANDRACA, JACOBSON, PALMERI, JOERS,
NEUBAUER, RATCLIFF, BALDEH, J. ANDERSON, OHNSTAD, CLANCY, SHELTON,
SINICKI, VINING, C. ANDERSON, MADISON and SHANKLAND, cosponsored by
Senators TAYLOR, L. JOHNSON, ROYS, AGARD, SPREITZER, HESSELBEIN, SMITH,
CARPENTER and LARSON. Referred to Committee on Environment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 23.097 (1); to amend 23.097 (1g) and 23.097
(1r); and to create 23.097 (1) (b) and 23.097 (1m) of the statutes; relating to:
grants for planting trees to address urban heat islands, eligible recipients for
urban forestry grants, providing an exemption from emergency rule
procedures, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources administers an urban
forestry grants program to provide grants to municipalities and nonprofit
organizations to undertake various tree projects in urban areas.
This bill requires DNR, under the urban forestry grants program, to also award
grants of up to $100,000 to municipalities, federally recognized American Indian
tribes or bands located in this state, and nonprofit organizations to plant trees to
reduce the effects of urban heat islands. The bill defines an “urban heat island” as
an urban or metropolitan area that is significantly warmer than the surrounding
natural land cover. The bill increases funding for the urban forestry grant program
by $500,000 in the 2023-24 fiscal year from the conservation fund to provide these
new grants and allows DNR to promulgate emergency rules to administer the grant
program. The bill also clarifies that federally recognized American Indian tribes or
bands located in this state are also eligible for the other types of grants under the
existing program.
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ASSEMBLY BILL 819
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. 23.097 (1) of the statutes is renumbered 23.097 (1) (intro.) and
amended to read:
23.097 (1) (intro.) In this section, a “nonprofit:
(a) “Nonprofit organization" means an organization that is described in section
501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
under section 501 (a) of the Internal Revenue Code.
SECTION 2. 23.097 (1) (b) of the statutes is created to read:
23.097 (1) (b) “Urban heat island” means an urban or metropolitan area that
is significantly warmer than the surrounding natural land cover.
SECTION 3. 23.097 (1g) of the statutes is amended to read:
23.097 (1g) The department shall award grants to counties, cities, villages,
towns, and nonprofit organizations, and federally recognized American Indian tribes
or bands located in this state for up to 50 percent of the cost of tree management
plans, tree inventories, brush residue projects, the development of tree management
ordinances, tree disease evaluations, public education concerning trees in urban
areas and other tree projects.
SECTION 4. 23.097 (1m) of the statutes is created to read:
23.097 (1m) The department shall award grants to counties, cities, villages,
towns, nonprofit organizations, and federally recognized American Indian tribes or
bands located in this state to cover the costs of planting, maintaining, and removing
and replacing trees in urban and metropolitan areas to reduce the negative effects
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SECTION 4
ASSEMBLY BILL 819
of urban heat islands. Grants under this subsection may not exceed $100,000 and
may be made for the full amount of the costs of an eligible project.
SECTION 5. 23.097 (1r) of the statutes is amended to read:
23.097 (1r) In addition to the grants awarded under sub. subs. (1g) and (1m),
the department may award grants to counties, cities, village, towns, nonprofit
organizations, and federally recognized American Indian tribes or bands located in
this state that apply for the grants for the costs of removing, saving, and replacing
trees that have been damaged by catastrophic storm events in urban areas. To be
eligible for a grant under this subsection, the damage must have occurred in an area
for which the governor has designated a state of emergency due to a catastrophic
storm event. The department shall notify each applicant for a grant under this
subsection as to whether the application for the grant will be approved or denied
within 60 days after the date the application is submitted to the department. A
recipient of a grant awarded under this subsection is exempt from having to pay any
percentage of the costs in order to receive the grant.
SECTION 6.0Nonstatutory provisions.
(1) EMERGENCY RULES. Using the procedure under s. 227.24, the department of
natural resources may promulgate emergency rules to implement s. 23.097 (1m) for
the period before the effective date of any permanent rules promulgated under s.
23.097 (1m) 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),
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. Notwithstanding s. 227.24 (1) (e) 1d.,
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SECTION 6 ASSEMBLY BILL 819
the department is not required to prepare a statement of scope of the rules
promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g., the
department is not required to present the rules promulgated under this subsection
to the governor for approval.
SECTION 7.0Fiscal changes.
(1) In the schedule under s. 20.005 (3) for the appropriation to the department
of natural resources under s. 20.370 (5) (az), the dollar amount for fiscal year
2023-24 is increased by $500,000 to provide grants under s. 23.097 (1m) relating to
urban heat islands.
SECTION 8.0Effective 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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