Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB316 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 316
5	5	May 31, 2023 - Introduced by Senators FEYEN, COWLES, FELZKOWSKI, JACQUE, NASS,
6	6	STROEBEL and TOMCZYK, cosponsored by Representatives DALLMAN, SCHRAA,
7	7	BROOKS, MURPHY, MURSAU, ROZAR, SAPIK, SPIROS, SWEARINGEN, TUSLER and
8	8	TITTL. Referred to Committee on Natural Resources and Energy.
9	9	AN ACT to amend 23.24 (2) (a) 1., 23.24 (2) (a) 2., 23.24 (2) (c) 7., 23.24 (3) (b) and
10	10	23.24 (3) (c); and to create 23.24 (1) (je), 23.24 (4) (b) 5. and 23.24 (4) (b) 6. of
11	11	the statutes; relating to: aquatic plant management plans and permit
12	12	exemptions.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill makes numerous changes relating to the control of aquatic plants
15	15	using chemicals or biological agents.
16	16	Current law requires the Department of Natural Resources to establish a
17	17	program for the waters of this state that meets several goals, including
18	18	implementing efforts to protect and develop native aquatic plants and regulate how
19	19	aquatic plants are managed. The bill requires that DNR efforts to protect native
20	20	aquatic plants rely on widely accepted methods supported by peer-reviewed science
21	21	to suppress or eradicate invasive or nuisance aquatic plants. The bill also requires
22	22	that DNR plans to regulate aquatic plants ensure invasive and nuisance aquatic
23	23	plants are suppressed or eradicated to the greatest extent possible.
24	24	Under current law, subject to exceptions, a person may not control aquatic
25	25	plants in waters of the state by the use of chemicals or the introduction of biological
26	26	agents without a valid aquatic plant management permit issued by DNR. As a
27	27	condition of receiving an aquatic plant management permit, DNR may require the
28	28	applicant to submit a plan for how aquatic plants will be introduced, removed, or
29	29	controlled. The bill provides that DNR must give equal consideration to plans that
30	30	will suppress or eradicate invasive or nuisance aquatic plants by use of chemicals
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37	37	and provides that the plan requirements may not impose an undue financial burden
38	38	on permit applicants or property owners.
39	39	The bill also creates exemptions from the permit requirement for the
40	40	introduction of chemicals or biological agents to a private pond, which the bill defines
41	41	as “a surface water less than 10 acres in size that is surrounded by the private
42	42	property of one or more owners, with no public access to the water, and that has either
43	43	no surface water discharge or surface water discharge that can be controlled.” Under
44	44	the bill, a person who applies a chemical treatment to a private pond to suppress or
45	45	eradicate invasive or nuisance aquatic plants is exempt if the person is certified as
46	46	a commercial applicator by the Department of Agriculture, Trade and Consumer
47	47	Protection in the aquatic and mosquito pest control category, follows U.S.
48	48	Environmental Protection Agency standards for chemical type and use, and meets
49	49	notification and record-keeping requirements. The bill also exempts a person who
50	50	applies to a private pond a biological agent to improve water quality at a
51	51	concentration that does not cause acute or chronic toxicity for aquatic organisms or
52	52	a dye that is not labeled for herbicide use.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 23.24 (1) (je) of the statutes is created to read:
56	56	23.24 (1) (je) “Private pond” means a surface water less than 10 acres in size
57	57	that is surrounded by the private property of one or more owners, with no public
58	58	access to the water, and that has either no surface water discharge or surface water
59	59	discharge that can be controlled.
60	60	SECTION 2. 23.24 (2) (a) 1. of the statutes is amended to read:
61	61	23.24 (2) (a) 1. Implement efforts to protect and develop diverse and stable
62	62	communities of native aquatic plants using widely accepted methods that are
63	63	supported by peer-reviewed science to suppress or eradicate invasive or nuisance
64	64	aquatic plants.
65	65	SECTION 3. 23.24 (2) (a) 2. of the statutes is amended to read:
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81	81	23.24 (2) (a) 2. Regulate how aquatic plants are managed to ensure invasive
82	82	or nuisance aquatic plants are suppressed or eradicated to the greatest extent
83	83	possible.
84	84	SECTION 4. 23.24 (2) (c) 7. of the statutes is amended to read:
85	85	23.24 (2) (c) 7. The requirements for plans that the department may require
86	86	under sub. (3) (b). Plan requirements may not impose an undue financial burden on
87	87	permit applicants or property owners.
88	88	SECTION 5. 23.24 (3) (b) of the statutes is amended to read:
89	89	23.24 (3) (b) The department may require that an application for an aquatic
90	90	plant management permit contain a plan for the department's approval as to how the
91	91	aquatic plants will be introduced, removed, or controlled. The department shall give
92	92	equal consideration to plans that will suppress or eradicate invasive or nuisance
93	93	aquatic plants by use of chemicals that have been labeled and registered for aquatic
94	94	plant control by the U.S. environmental protection agency.
95	95	SECTION 6. 23.24 (3) (c) of the statutes is amended to read:
96	96	23.24 (3) (c) The department may promulgate a rule to establish fees for
97	97	aquatic plant management permits. Under the rule, the department may establish
98	98	a different fee for an aquatic plant management permit to manage aquatic plants
99	99	that are located in a body of water that is entirely confined on the property of one
100	100	private property owner owners.
101	101	SECTION 7. 23.24 (4) (b) 5. of the statutes is created to read:
102	102	23.24 (4) (b) 5. A person who applies a chemical treatment to a private pond
103	103	to suppress or eradicate invasive or nuisance aquatic plants if all of the following
104	104	apply:
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130	130	SECTION 7 SENATE BILL 316
131	131	a. The person is certified as a commercial applicator by the department of
132	132	agriculture, trade and consumer protection in the aquatic and mosquito pest control
133	133	category.
134	134	b. The person uses only those chemicals that have been labeled and registered
135	135	for aquatic plant control by the U.S. environmental protection agency.
136	136	c. The person follows U.S. environmental protection agency label directions for
137	137	appropriate application methods and rates.
138	138	d. If the private pond abuts multiple parcels, the owners of all parcels that abut
139	139	the private pond have been notified of the application of the chemical treatment to
140	140	the private pond.
141	141	e. The person retains for a period of not less than 2 years a record of any
142	142	pesticide the person applies to the private pond. All records retained under this subd.
143	143	5. e. shall be made available to the department for inspection upon request.
144	144	SECTION 8. 23.24 (4) (b) 6. of the statutes is created to read:
145	145	23.24 (4) (b) 6. A person who applies to a private pond a biological agent to
146	146	improve water quality at a concentration that does not cause acute or chronic toxicity
147	147	for aquatic organisms or a dye that is not labeled for herbicide use.
148	148	(END)
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