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2019 - 2020 LEGISLATURE
February 11, 2020 - Introduced by Representatives Shankland, Nygren, Novak,
Pope, Hebl, Billings, Anderson, Brostoff, Cabrera, Considine, Fields,
Gruszynski, Hesselbein, Kitchens, Kolste, Krug, Neubauer, Ohnstad,
Sargent, Sinicki, Spiros, Spreitzer, Stubbs, Subeck, C. Taylor, Tusler and
Vruwink, cosponsored by Senators Smith, Olsen, Larson, Risser and
Schachtner. Referred to Committee on Government Accountability and
Oversight.
AB890,1,2 1An Act to amend 25.60 and 299.97 (2); and to create 13.59, 20.855 (4) (fb), 25.44
2and 299.87 of the statutes; relating to: creating the water fund for our future.
Analysis by the Legislative Reference Bureau
This bill creates a new nonlapsible trust fund, designated as the water fund for
our future, to consist of $10,000,000 transferred biennially from the general fund.
Under the bill, the Joint Committee on Finance may at any time transfer any amount
of the unencumbered balance from the fund to the budget stabilization fund, if the
budget stabilization fund has been fully expended.
The bill also creates the Joint Committee for the Oversight of the Water Fund
for Our Future. Under the bill, the committee receives applications for making
expenditures from the fund and makes recommendations to JCF regarding use of the
fund.
Under the bill, the committee may also recommend to JCF an amount to
transfer to a rapid response account created within the water fund for our future,
which may be used by the Department of Natural Resources and the Department of
Health Services to respond to natural disasters and public health emergencies.
Funds from the rapid response account may be used for the costs of remediation and
to notify, relocate, and assist people affected by the natural disaster or public health
emergency.
The bill also allows DNR and the Department of Justice to seek reimbursement
from responsible parties for funds expended from the water fund for our future.
Finally, the bill allows any agency to submit a request to JCF for supplemental
funds from the water fund for our future. JCF may approve the request after

considering any recommendation from the Joint Committee for the Oversight of the
Water Fund for Our Future.
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:
AB890,1 1Section 1 . 13.59 of the statutes is created to read:
AB890,2,6 213.59 Joint committee for the oversight of the water fund for our
3future. (1)
Creation. There is created a joint standing committee for the oversight
4of the water fund for our future composed of 3 majority party and 2 minority party
5senators and 3 majority party and 2 minority party representatives to the assembly,
6appointed as are the members of standing committees in their respective houses.
AB890,2,8 7(2) Officers. In making appointments of the members of each house, each
8house shall designate a cochairperson.
AB890,2,10 9(3) Staff. The committee shall be staffed as are other standing committees of
10the legislature.
AB890,2,12 11(4) Meetings. The committee shall meet as often as necessary to perform its
12duties and functions.
AB890,2,13 13(5) Powers and duties. (a) The committee shall do all of the following:
AB890,2,1614 1. Receive applications for making expenditures from the water fund for our
15future and make recommendations to the joint committee on finance regarding use
16of the water fund for our future.
AB890,2,1817 2. Recommend to the joint committee on finance an amount to transfer from
18the water fund for our future to the rapid response account under s. 25.44 (3).
AB890,3,3
1(b) The committee may not recommend, and the joint committee on finance may
2not approve, expenditures from the water fund for our future for purposes other than
3to fund activities relating to clean water.
AB890,2 4Section 2 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
5the following amounts for the purposes indicated: - See PDF for table PDF
AB890,3 6Section 3 . 20.855 (4) (fb) of the statutes is created to read:
AB890,3,97 20.855 (4) (fb) Transfer to the water fund for our future. Biennially, from the
8general fund, the amounts in the schedule to be transferred to the water fund for our
9future.
AB890,4 10Section 4. 25.44 of the statutes is created to read:
AB890,3,16 1125.44 Water fund for our future. (1) There is established a separate
12nonlapsible trust fund designated as the water fund for our future, to consist of all
13moneys transferred under s. 20.855 (4) (fb) and all moneys collected by the
14department of natural resources or the department of justice under settlement
15agreements or orders in settlement of actions or proposed actions as reimbursement
16for expenditures from this fund.
AB890,3,19 17(2) The joint committee on finance may at any time transfer any amount of the
18unencumbered balance from this fund to the budget stabilization fund if the moneys
19in the budget stabilization fund have been fully expended.
AB890,4,6
1(3) There is established in the water fund for our future a rapid response
2account consisting of all moneys transferred to the account by the joint committee
3on finance, which may at any time transfer any amount of the unencumbered balance
4from the water fund for our future to the rapid response account. Moneys in the rapid
5response account shall be reserved for discretionary use by the department of
6natural resources and the department of health services under s. 299.87.
AB890,5 7Section 5. 25.60 of the statutes is amended to read:
AB890,4,14 825.60 Budget stabilization fund. There is created a separate nonlapsible
9trust fund designated as the budget stabilization fund, consisting of moneys
10transferred to the fund from the general fund under ss. 16.518 (3) and 16.72 (4) (b)
11and any moneys transferred to the fund from the water fund for our future under s.
1225.44
. Moneys in the budget stabilization fund are reserved to provide state revenue
13stability during periods of below-normal economic activity when actual state
14revenues are lower than estimated revenues under s. 20.005 (1).
AB890,6 15Section 6 . 299.87 of the statutes is created to read:
AB890,4,24 16299.87 Rapid response; supplemental funding requests from the water
17fund for our future.
(1) The department and the department of health services
18may use moneys from the rapid response account of the water fund for our future
19under s. 25.44 to respond to natural disasters and public health emergencies. Funds
20from the rapid response account may be used for the costs of remediation and to
21notify, relocate, and assist people affected by the natural disaster or public health
22emergency. The department and the department of health services may promulgate
23rules as necessary to establish procedures and policies for the use of moneys from the
24rapid response account.
AB890,5,10
1(2) Any department may submit to the joint committee on finance for
2consideration under s. 13.10 a request for funding from the water fund for our future.
3The joint committee on finance shall notify the joint committee for the oversight of
4the water fund for our future of the request. After receiving notification of a request,
5and at least 14 working days before the next regularly scheduled meeting of the joint
6committee on finance under s. 13.10, the joint committee for the oversight of the
7water fund for our future shall submit to the joint committee on finance a written
8recommendation regarding the request. The joint committee on finance may provide
9the requested supplement only if the joint committee for the oversight of the water
10fund for our future recommends approving the request.
AB890,7 11Section 7 . 299.97 (2) of the statutes is amended to read:
AB890,5,2012 299.97 (2) In addition to the penalties provided under sub. (1), the court may
13award the department of justice the reasonable and necessary expenses of the
14investigation and prosecution of the violation, including attorney fees. The
15department of justice shall deposit in the state treasury for deposit into the general
16fund all moneys that the court awards to the department or the state under this
17subsection, except that any moneys awarded as reimbursement for expenditures
18from the water fund for our future shall be deposited into that fund
. The costs of
19investigation and the expenses of prosecution, including attorney fees, shall be
20credited to the appropriation account under s. 20.455 (1) (gh).
AB890,5,2121 (End)
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