AB894: Bill Text

AB894,37 Section 37 . 93.90 (3) (h) 5. of the statutes is created to read:

AB894,15,13 93.90 (3) (h) 5. The department disapproves the application for approval for the livestock facility siting or expansion under sub. (2) (f) 5.

AB894,38 Section 38 . 93.90 (3) (i) 1. of the statutes is created to read:

AB894,15,16 93.90 (3) (i) 1. If a political subdivision requires a local approval for a new or expanded livestock facility, the political subdivision may do any of the following:

AB894,15,22 a. Enact a requirement that is more stringent than the state standards under sub. (2) (a) if the requirement is based on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that are based on specific, but not necessarily unique, circumstances in that political subdivision and that clearly show that the requirement is necessary to protect public health or safety in that political subdivision.

AB894,15,25 b. Enact a setback requirement that is less stringent than a setback requirement under sub. (2) (a) if the setback requirement is incorporated in the political subdivision's ordinance as a numerical standard.

AB894,39 Section 39. 93.90 (3) (i) 2. (intro.) of the statutes is created to read:

AB894,16,3 93.90 (3) (i) 2. (intro.) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not do any of the following:

AB894,40 Section 40. 93.90 (3) (j) of the statutes is created to read:

AB894,16,7 93.90 (3) (j) A political subdivision shall prohibit a livestock facility siting or expansion if the department disapproves the application for approval for the livestock facility siting or expansion under sub. (2) (f) 5.

AB894,41 Section 41 . 93.90 (3) (L) of the statutes is created to read:

AB894,16,12 93.90 (3) (L) 1. Except as provided in subd. 2., no political subdivision may require a person to pay a fee or post bond or security with the political subdivision in connection with making a decision under sub. (3) (h) concerning a livestock facility siting or expansion proposed by the person.

AB894,16,16 2. a. A political subdivision may enact an ordinance that establishes a fee of not more than $1,000 for processing and reviewing an application concerning a proposed livestock facility siting or expansion under sub. (3) (h) and not more than $500 for processing an application for permit modification.

AB894,16,22 b. For calendar years beginning after December 31, 2020, the dollar amounts for the fee limits under subd. 2. a. shall be adjusted each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2019, as determined by the federal department of labor.

AB894,42 Section 42 . 93.90 (4) of the statutes is repealed.

AB894,43 Section 43 . 93.90 (5) (title) of the statutes is amended to read:

AB894,16,25 93.90 (5) (title) Review of department siting decisions.

AB894,44 Section 44. 93.90 (5) (a) of the statutes is amended to read:

AB894,17,7 93.90 (5) (a) In this subsection “aggrieved person" means a political subdivision in which a proposed new or expanded livestock facility would be located, a person who applied to a political subdivision the department for approval of a livestock facility siting or expansion, a person who lives within 2 miles of a livestock facility that is proposed to be sited or expanded, or a person who owns land within 2 miles of a livestock facility that is proposed to be sited or expanded.

AB894,45 Section 45 . 93.90 (5) (b) of the statutes is amended to read:

AB894,17,20 93.90 (5) (b) An aggrieved person may challenge the decision of a political subdivision the department on an application for approval on the grounds that the political subdivision department incorrectly applied the state standards under sub. (2) (a) or requirements under sub. (3) (i) 1. that are applicable to the livestock facility siting or expansion or violated sub. (3), by requesting the board to review the decision. An aggrieved person is not required to exhaust the political subdivision's department's administrative remedies before requesting review by the board. An aggrieved person shall request a review under this paragraph within 30 days after the political subdivision department approves or disapproves the application for approval or, if the aggrieved person chooses to exhaust the political subdivision's administrative remedies, within 30 days after the final decision in the political subdivision's administrative review process.

AB894,46 Section 46 . 93.90 (5) (bm) of the statutes is amended to read:

AB894,18,2 93.90 (5) (bm) Upon receiving a request under par. (b), the board shall notify the political subdivision department of the request. The political subdivision department shall provide a certified copy of the record and its written findings and conclusions under sub. (4) (2) (f) 7. to the board within 30 days after the day on which it receives the notice.

AB894,47 Section 47 . 93.90 (5) (c) of the statutes is amended to read:

AB894,18,14 93.90 (5) (c) Upon receiving the certified copy of the record under par. (bm), the board shall determine whether the challenge is valid. The board shall make its decision without deference to the decision of the political subdivision department and shall base its decision only on the evidence in the record and its written findings and conclusions under sub. (4) (b) (2) (f) 7. In a case that involves the application of requirements related to water quality, the board shall consult with the department of agriculture, trade and consumer protection or with the department of natural resources concerning the application of the requirements related to water quality. The board shall make its decision within 60 days after the day on which it receives the certified copy of the record under par. (bm), except that the board may extend this time limit for good cause specified in writing by the board.

AB894,48 Section 48 . 93.90 (5) (d) of the statutes is amended to read:

AB894,18,21 93.90 (5) (d) If the board determines that a challenge is valid, the board shall reverse the decision of the political subdivision department. The decision of the board is binding on the political subdivision department, subject to par. (e). If a political subdivision the department fails to comply with a decision of the board that has not been appealed under par. (e), an aggrieved person may bring an action to enforce the decision.

AB894,49 Section 49 . 93.90 (5) (f) of the statutes is amended to read:

AB894,18,25 93.90 (5) (f) A circuit court to which a decision of the board is appealed under par. (e) shall review the decision of the board based on the evidence in the record and written findings and conclusions under sub. (4) (b) (2) (f) 7.

AB894,50 Section 50. 93.90 (6) of the statutes is created to read:

AB894,19,5 93.90 (6) Political subdivision procedure. (a) After receiving notice under sub. (2) (f) 2. of an application for approval, a political subdivision shall provide notice of the proposed livestock facility siting or expansion to all landowners adjacent to the property that is the subject of the application for approval.

AB894,19,9 (b) No later than 60 days after receiving notification under sub. (2) (f) 8. that the department has approved an application for approval, a political subdivision shall approve or disapprove under sub. (3) (h) the proposed livestock facility siting or expansion that is the subject of the application for approval.

AB894,19,14 (c) A person may challenge the decision of a political subdivision under par. (b) by bringing an action within 30 days of the political subdivision's decision before the board of appeals or board of adjustment of the political subdivision, or by review by certiorari in the circuit court for the county in which the property that is the subject of the application for approval is located.

AB894,51 Section 51 . Nonstatutory provisions.

AB894,19,23 (1) Livestock facility technical review board; staggering of terms. Notwithstanding the length of terms specified for members of the livestock facility technical review board under s. 15.135 (2) (b), two of the initial members shall be appointed for a term expiring on July 1, 2021; two of the initial members shall be appointed for a term expiring on July 1, 2022; two of the initial members shall be appointed for a term expiring on July 1, 2023; two of the initial members shall be appointed for a term expiring on July 1, 2024; and the remaining member shall be appointed for a term expiring on July 1, 2025.

AB894,52 Section 52 . Initial applicability.

AB894,20,6 (1) Applications. The treatment of s. 93.90 (2) (e) 2. and (f), (2m), (3) (title) and (a) (intro.), 1., 2., 3., 4., 5., 6., 8., and 9., (ae), (am), (ar), (b), (c), (d), (e), (f), (g), (h) (intro.) and 5., (i) 1. and 2. (intro.), (j), and (L), (4), (5) (title), (a), (b), (bm), (c), (d), and (f), and (6) first applies to an application for approval, as defined in s. 93.90 (1m) (b), received by the department of agriculture, trade and consumer protection on the effective date of this subsection.

AB894,20,9 (2) Existing rules. The treatment of s. 93.90 (2) (a) first applies to rules promulgated by the department of agriculture, trade and consumer protection under s. 93.90 (2) (a) on the effective date of this subsection.

AB894,20,10 (End)