Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB58 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 58
5	5	February 14, 2023 - Introduced by Senators COWLES, TESTIN, BALLWEG,
6	6	CABRAL-GUEVARA, PFAFF, ROYS and SPREITZER, cosponsored by Representatives
7	7	KITCHENS, NOVAK, SHANKLAND, KRUG, C. ANDERSON, J. ANDERSON, ANDRACA,
8	8	ARMSTRONG, BALDEH, BEHNKE, CONSIDINE, DONOVAN, EMERSON, GREEN, JOERS,
9	9	KNODL, MOSES, MURSAU, OLDENBURG, PETRYK, PLUMER, ROZAR, SNODGRASS,
10	10	SNYDER, SPIROS and SUBECK. Referred to Committee on Agriculture and
11	11	Tourism.
12	12	AN ACT to repeal 281.75 (2) (e), 281.75 (9) (a) and 281.75 (11) (ae); to renumber
13	13	and amend 281.75 (5) (f) and 281.75 (9) (b); to amend 281.75 (7) (c) 7., 281.75
14	14	(11) (a) 8. and 281.75 (11m); and to create 281.75 (2) (g), 281.75 (5) (f) 2., 281.75
15	15	(7) (d) and 281.75 (9) (am), (bm), (c) and (d) of the statutes; relating to: nitrate
16	16	contamination and the well compensation grant program.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill expands eligibility for nitrate-contaminated wells under the well
19	19	compensation grant program administered by the Department of Natural
20	20	Resources.
21	21	Under current law, an individual owner or renter of a contaminated private
22	22	well, subject to eligibility requirements, may apply for a grant from DNR to cover a
23	23	portion of the costs to treat the water, reconstruct the well, construct a new well,
24	24	connect to a public water supply, or fill and seal the well.
25	25	Under current law, a well that is contaminated only by nitrates is eligible for
26	26	a grant only if the well is a water supply for livestock, is used at least three months
27	27	in each year to provide more than 100 gallons of water per day for consumption by
28	28	livestock, and contains nitrates in excess of 40 parts per million. Under the bill, the
29	29	only eligibility requirement for a well that is contaminated only by nitrates is that
30	30	the well is used at least three months in each year.
31	31	Current law requires DNR to allocate money for payments of claims under the
32	32	program according to the order in which claims are received. The bill retains this
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39	39	SENATE BILL 58
40	40	requirement but provides that, among claims for contamination only by nitrates,
41	41	DNR must allocate payments according to a specified priority ranking.
42	42	Also under current law, a residential well that is contaminated only by bacteria
43	43	is not eligible for a grant unless the well is in an area that is contaminated by fecal
44	44	bacteria and the contamination is caused by livestock. The bill eliminates this
45	45	restriction.
46	46	The bill also requires DNR to award grants for the remediation method that is
47	47	most effective for the health and welfare of the claimant. Finally, the bill requires
48	48	DNR to report to the Joint Committee on Finance after the end of each fiscal year on
49	49	the number of applicants under the well compensation program and the number and
50	50	amounts of grants provided during that fiscal year.
51	51	For further information see the state and local fiscal estimate, which will be
52	52	printed as an appendix to this bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 281.75 (2) (e) of the statutes is repealed.
56	56	SECTION 2. 281.75 (2) (g) of the statutes is created to read:
57	57	281.75 (2) (g) Submit a report to the joint committee on finance after the end
58	58	of each fiscal year that includes the number of claims submitted and the number and
59	59	amounts of awards provided under this section during that fiscal year.
60	60	SECTION 3. 281.75 (5) (f) of the statutes is renumbered 281.75 (5) (f) 1. and
61	61	amended to read:
62	62	281.75 (5) (f) 1. The Subject to subd. 2., the department shall allocate money
63	63	for the payment of claims according to the order in which completed claims are
64	64	received. The department may conditionally approve a completed claim even if the
65	65	appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department
66	66	shall allocate money for the payment of a claim which is conditionally approved as
67	67	soon as funds become available.
68	68	SECTION 4. 281.75 (5) (f) 2. of the statutes is created to read:
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85	85	SECTION 4
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87	87	281.75 (5) (f) 2. For claims of contamination by nitrates and not by any other
88	88	substance, the department shall allocate money for the payment of those collective
89	89	claims as provided under subd. 1. but shall allocate money for the payment of
90	90	individual claims according to the priority order established under sub. (9). The
91	91	department shall determine the method for allocating money for the payment of
92	92	those claims in the manner that most effectively accomplishes the requirements of
93	93	this paragraph and sub. (9).
94	94	SECTION 5. 281.75 (7) (c) 7. of the statutes is amended to read:
95	95	281.75 (7) (c) 7. If the claim is based on a contaminated water supply that is
96	96	eligible under sub. (11) (ae) contaminated by bacteria, the cost of properly
97	97	abandoning any improperly abandoned private water supply located on the property
98	98	owned or leased by the claimant.
99	99	SECTION 6. 281.75 (7) (d) of the statutes is created to read:
100	100	281.75 (7) (d) The department may issue an award only for the eligible cost
101	101	under this subsection that the department determines is the remediation method
102	102	that is most effective for the health and welfare of the claimant.
103	103	SECTION 7. 281.75 (9) (a) of the statutes is repealed.
104	104	SECTION 8. 281.75 (9) (am), (bm), (c) and (d) of the statutes are created to read:
105	105	281.75 (9) (am) Water containing nitrates in excess of 40 parts per million
106	106	expressed as nitrate-nitrogen.
107	107	(bm) Water containing nitrates in excess of 30 parts per million expressed as
108	108	nitrate-nitrogen.
109	109	(c) Water containing nitrates in excess of 25 parts per million expressed as
110	110	nitrate-nitrogen.
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136	136	SECTION 8 SENATE BILL 58
137	137	(d) Water containing nitrates at no fewer than 10 parts per million and not in
138	138	excess of 25 parts per million expressed as nitrate-nitrogen. Notwithstanding sub.
139	139	(11) (b) 2., for awards under this paragraph, the department shall emphasize the use
140	140	of reverse osmosis or similar methods prior to well remediation methods if the
141	141	department determines reverse osmosis or similar methods are the most effective
142	142	option for the health and welfare of the claimant.
143	143	SECTION 9. 281.75 (9) (b) of the statutes is renumbered 281.75 (9) (intro.) and
144	144	amended to read:
145	145	281.75 (9) CONTAMINATION STANDARD; NITRATES. (intro.) Notwithstanding the
146	146	requirement of contamination under sub. (7), if a private water supply meets the
147	147	criteria under par. (a) and the claim is for claims based upon contamination by
148	148	nitrates and not by any other substance, the department may make an award only
149	149	if the private water supply produces water containing nitrates in excess of 40 parts
150	150	per million expressed as nitrate-nitrogen. is used at least 3 months each year and
151	151	shall make awards in the following order of priority:
152	152	SECTION 10. 281.75 (11) (a) 8. of the statutes is amended to read:
153	153	281.75 (11) (a) 8. If the claim is based on a contaminated private water supply,
154	154	the contaminated private water supply is a residential water supply, that is
155	155	contaminated only by bacteria or nitrates or both, and is not contaminated by any
156	156	other substance, except as provided in par. (ae) and the contamination does not pose
157	157	a risk to human health.
158	158	SECTION 11. 281.75 (11) (ae) of the statutes is repealed.
159	159	SECTION 12. 281.75 (11m) of the statutes is amended to read:
160	160	281.75 (11m) ABANDONMENT OF CERTAIN PRIVATE WATER SUPPLIES. If the
161	161	department determines that there is an improperly abandoned private water supply
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189	189	SECTION 12
190	190	SENATE BILL 58
191	191	located on property owned or leased by a claimant with a contaminated private water
192	192	supply that is eligible under sub. (11) (ae) contaminated by bacteria, the department
193	193	may issue an award only if the claimant properly abandons the improperly
194	194	abandoned private water supply.
195	195	(END)
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