Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1087 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 SENATE BILL 1087
5	5	March 6, 2024 - Introduced by Senators SMITH, LARSON and SPREITZER, cosponsored
6	6	by Representatives SHANKLAND, BILLINGS, CONLEY, DRAKE, EMERSON, JOERS,
7	7	MOORE OMOKUNDE, NEUBAUER, PALMERI, RATCLIFF, SINICKI, STUBBS and
8	8	SUBECK. Referred to Committee on Natural Resources and Energy.
9	9	AN ACT to amend 25.60 and 299.97 (2); and to create 13.59, 20.370 (4) (az),
10	10	20.435 (1) (s), 25.17 (1) (ymk), 25.44 and 299.87 of the statutes; relating to:
11	11	creating the water fund for our future, granting rule-making authority, and
12	12	making an appropriation.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill creates a new nonlapsible trust fund, designated as the water fund for
15	15	our future, to consist of a onetime transfer of $250,000,000 from the general fund.
16	16	Under the bill, the Joint Committee on Finance may at any time transfer any amount
17	17	of the unencumbered balance from the fund to the budget stabilization fund, if the
18	18	budget stabilization fund has been fully expended.
19	19	The bill also creates the Joint Committee for the Oversight of the Water Fund
20	20	for Our Future, composed of three majority party and two minority party senators
21	21	and three majority party and two minority party representatives to the assembly,
22	22	appointed as are the members of standing committees in their respective houses; the
23	23	secretary of health services or his or her designee; and the secretary of natural
24	24	resources or his or her designee. Under the bill, the committee receives applications
25	25	for making expenditures from the fund and makes recommendations to JCF
26	26	regarding use of the fund.
27	27	Under the bill, the committee may also recommend to JCF an amount to
28	28	transfer to a rapid response account created within the water fund for our future,
29	29	which may be used by the Department of Natural Resources and the Department of
30	30	Health Services to respond to natural disasters and public health emergencies.
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36	36	SENATE BILL 1087
37	37	Funds from the rapid response account may be used for the costs of remediation and
38	38	to notify, relocate, and assist individuals affected by the natural disaster or public
39	39	health emergency.
40	40	The bill also allows DNR and the Department of Justice to seek reimbursement
41	41	from responsible parties for funds expended from the water fund for our future.
42	42	In addition, the bill allows any agency to submit a request to JCF for
43	43	supplemental funds from the water fund for our future. JCF may approve the
44	44	request after considering any recommendation from the Joint Committee for the
45	45	Oversight of the Water Fund for Our Future. Under the bill, if a member of JCF
46	46	objects to a request for supplemental funds, the name of each objecting member, as
47	47	well as the reason for each objection, must be recorded and made publicly available.
48	48	For further information see the state and local fiscal estimate, which will be
49	49	printed as an appendix to this bill.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 13.59 of the statutes is created to read:
53	53	13.59 Joint committee for the oversight of the water fund for our
54	54	future. (1) CREATION. There is created a joint standing committee for the oversight
55	55	of the water fund for our future composed of 3 majority party and 2 minority party
56	56	senators and 3 majority party and 2 minority party representatives to the assembly,
57	57	appointed as are the members of standing committees in their respective houses; the
58	58	secretary of health services or his or her designee; and the secretary of natural
59	59	resources or his or her designee.
60	60	(2) OFFICERS. In making appointments of the members of each house, each
61	61	house shall designate a cochairperson.
62	62	(3) STAFF. The committee shall be staffed as are other standing committees of
63	63	the legislature.
64	64	(4) MEETINGS. The committee shall meet as often as necessary to perform its
65	65	duties and functions.
66	66	(5) POWERS AND DUTIES. (a) The committee shall do all of the following:
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84	84	SECTION 1
85	85	SENATE BILL 1087
86	86	1. Receive applications for making expenditures from the water fund for our
87	87	future and make recommendations to the joint committee on finance regarding use
88	88	of the water fund for our future.
89	89	2. Recommend to the joint committee on finance an amount to transfer from
90	90	the water fund for our future to the rapid response account under s. 25.44 (3).
91	91	(b) The committee may not recommend, and the joint committee on finance may
92	92	not approve, expenditures from the water fund for our future for purposes other than
93	93	to fund activities relating to clean water.
94	94	SECTION 2. 20.370 (4) (az) of the statutes is created to read:
95	95	20.370 (4) (az) Rapid response actions. From the rapid response account of the
96	96	water fund for our future, a sum sufficient for rapid response actions in response to
97	97	natural disasters and public health emergencies under s. 299.87.
98	98	SECTION 3. 20.435 (1) (s) of the statutes is created to read:
99	99	20.435 (1) (s) Rapid response actions. From the rapid response account of the
100	100	water fund for our future, a sum sufficient for rapid response actions in response to
101	101	natural disasters and public health emergencies under s. 299.87.
102	102	SECTION 4. 25.17 (1) (ymk) of the statutes is created to read:
103	103	25.17 (1) (ymk) Water fund for our future (s. 25.44);
104	104	SECTION 5. 25.44 of the statutes is created to read:
105	105	25.44 Water fund for our future. (1) There is established a separate
106	106	nonlapsible trust fund designated as the water fund for our future, to consist of all
107	107	moneys transferred under 2023 Wisconsin Act .... (this act), section 9 (1), and all
108	108	moneys collected by the department of natural resources or the department of justice
109	109	under settlement agreements or orders in settlement of actions or proposed actions
110	110	as reimbursement for expenditures from this fund.
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137	137	SECTION 5 SENATE BILL 1087
138	138	(2) The joint committee on finance may at any time transfer any amount of the
139	139	unencumbered balance from the water fund for our future to the budget stabilization
140	140	fund if the moneys in the budget stabilization fund have been fully expended.
141	141	(3) There is established in the water fund for our future a rapid response
142	142	account consisting of all moneys transferred to the account by the joint committee
143	143	on finance, which may at any time transfer any amount of the unencumbered balance
144	144	from the water fund for our future to the rapid response account. Moneys in the rapid
145	145	response account shall be reserved for discretionary use by the department of
146	146	natural resources and the department of health services under s. 299.87.
147	147	SECTION 6. 25.60 of the statutes is amended to read:
148	148	25.60 Budget stabilization fund. There is created a separate nonlapsible
149	149	trust fund designated as the budget stabilization fund, consisting of moneys
150	150	transferred to the fund from the general fund under ss. 16.518 (3) and 16.72 (4) (b)
151	151	and any moneys transferred to the fund from the water fund for our future under s.
152	152	25.44. Moneys in the budget stabilization fund are reserved to provide state revenue
153	153	stability during periods of below-normal economic activity when actual state
154	154	revenues are lower than estimated revenues under s. 20.005 (1).
155	155	SECTION 7. 299.87 of the statutes is created to read:
156	156	299.87 Rapid response; supplemental funding requests from the water
157	157	fund for our future. (1) The department and the department of health services
158	158	may use moneys from the rapid response account of the water fund for our future
159	159	under s. 25.44 to respond to natural disasters and public health emergencies. Funds
160	160	from the rapid response account may be used for the costs of remediation and to
161	161	notify, relocate, and assist individuals affected by the natural disaster or public
162	162	health emergency. The department and the department of health services may
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190	190	SECTION 7
191	191	SENATE BILL 1087
192	192	promulgate rules as necessary to establish procedures and policies for the use of
193	193	moneys from the rapid response account.
194	194	(2) Any department or agency of the state may submit to the joint committee
195	195	on finance for consideration under s. 13.10 a request for funding from the water fund
196	196	for our future. The joint committee on finance shall notify the joint committee for the
197	197	oversight of the water fund for our future of the request. After receiving notification
198	198	of a request, and at least 14 working days before the next regularly scheduled
199	199	meeting of the joint committee on finance under s. 13.10, the joint committee for the
200	200	oversight of the water fund for our future shall submit to the joint committee on
201	201	finance a written recommendation regarding the request. The joint committee on
202	202	finance may provide the requested supplement only if the joint committee for the
203	203	oversight of the water fund for our future recommends approving the request. If a
204	204	member of the committee objects to a request for funding under this subsection, the
205	205	name of each objecting member, as well as the reason for each objection, shall be
206	206	recorded and made publicly available.
207	207	SECTION 8. 299.97 (2) of the statutes is amended to read:
208	208	299.97 (2) In addition to the penalties provided under sub. (1), the court may
209	209	award the department of justice the reasonable and necessary expenses of the
210	210	investigation and prosecution of the violation, including attorney fees. The
211	211	department of justice shall deposit in the state treasury for deposit into the general
212	212	fund all moneys that the court awards to the department or the state under this
213	213	subsection, except that any moneys awarded as reimbursement for expenditures
214	214	from the water fund for our future shall be deposited into that fund. The costs of
215	215	investigation and the expenses of prosecution, including attorney fees, shall be
216	216	credited to the appropriation account under s. 20.455 (1) (gh).
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243	243	SECTION 9 SENATE BILL 1087
244	244	SECTION 9.0Fiscal changes.
245	245	(1) GENERAL FUND TRANSFER TO WATER FUND FOR OUR FUTURE. There is transferred
246	246	from the general fund to the water fund for our future $250,000,000 in fiscal year
247	247	2023-24.
248	248	(END)
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