AB68: Bill Text

AB68,961,25 (c) Studying the feasibility of a statewide carbon market.

AB68,962,1 (d) Assessing the market value of carbon sequestration.

AB68,962,3 (e) For agricultural producers, implementing regenerative agricultural practices.

AB68,962,5 (2) In conjunction with grants provided under sub. (1), the department shall do all of the following:

AB68,962,9 (a) Evaluate the potential of existing tools to accurately and efficiently calculate carbon credits generated by producer-led watershed protection grant recipients under s. 93.59 and document the suitability of various carbon credit calculators for use in this state.

AB68,962,11 (b) Identify opportunities and facilitate groups of agricultural producers to work together to generate carbon credits.

AB68,962,15 (c) Provide technical assistance to farmers and agricultural agencies and professionals regarding the processes of carbon credit generation and associated risks of market participation to aid them in choosing to collaborate with carbon credit project developers on a verified project in the future.

AB68,962,17 (d) Study the feasibility of a statewide carbon market and assess the market value of carbon sequestration.

AB68,962,19 (3) The department may promulgate rules to administer the program under this section.

AB68,1561 Section 1561 . 93.76 of the statutes is created to read:

AB68,962,24 93.76 Conservation grants. The department shall provide grants from the appropriation under s. 20.115 (7) (qf) to local governments, nongovernmental organizations, federally recognized American Indian tribes or bands, businesses, and individuals for any of the following purposes:

AB68,963,2 (1) To develop and provide education and training to farmers about best practices related to grazing and pasture maintenance.

AB68,963,4 (2) To provide cost-sharing incentive payments to farmers to develop and adopt regenerative agricultural practices.

AB68,963,6 (3) The department may promulgate rules to administer the program under this section.

AB68,1562 Section 1562 . 93.77 of the statutes is created to read:

AB68,963,12 93.77 Nitrogen optimization pilot program. (1) In this section, “eligible university entities” means the College of Agricultural and Life Sciences at the University of Wisconsin-Madison, the Center for Watershed Science and Education at the University of Wisconsin-Stevens Point, and the University of Wisconsin-Extension.

AB68,963,15 (2) The department shall award grants from the appropriation under s. 20.115 (7) (cm) to agricultural producers and eligible university entities as provided under this section.

AB68,963,19 (3) An agricultural producer may apply for and receive a grant to implement a project with the potential to reduce nitrate loading to groundwater in the area. The agricultural producer receiving a grant under this subsection shall collaborate with one or more eligible university entities under sub. (4).

AB68,963,24 (4) The eligible university entities shall collaborate with an agricultural producer that receives a grant under sub. (3) to monitor the grant project on-site and to use information gathered from the project to research nitrate loading reduction methods with a goal of making recommendations to agricultural producers to optimize nitrogen usage while improving water quality in this state.

AB68,964,4 (5) The department may not make a grant to an agricultural producer and the eligible university entities collaborating with the agricultural producer in an amount that totals more than $125,000. No more than 50 percent of this total amount may be awarded to the collaborating eligible university entities.

AB68,1563 Section 1563. 94.55 (2t) of the statutes is repealed.

AB68,1564 Section 1564 . 94.56 of the statutes is created to read:

AB68,964,8 94.56 Marijuana producers and processors. (1) Definitions. In this section:

AB68,964,11 (a) “Labor peace agreement” means an agreement between a person applying for a permit under this section and a labor organization, as defined in s. 5.02 (8m), that does all of the following:

AB68,964,14 1. Prohibits labor organizations and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with persons doing business in this state.

AB68,964,16 2. Prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant's employees.

AB68,964,20 3. Provides the labor organization access at reasonable times to areas in which the applicant's employees work for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

AB68,964,21 (b) “Marijuana" has the meaning given in s. 961.70 (3).

AB68,964,22 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).

AB68,964,23 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).

AB68,964,24 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB68,965,2 (f) “Permittee” means a marijuana producer or marijuana processor who is issued a permit under this section.

AB68,965,8 (2) Permit required. (a) No person may operate in this state as a marijuana producer or marijuana processor without a permit from the department. A person who acts as a marijuana producer and a marijuana processor shall obtain a separate permit for each activity. A person is not required to obtain a permit under this section if the person produces or processes only industrial hemp and holds a valid license under s. 94.55.

AB68,965,10 (b) This subsection applies to any of the following if they hold 5 percent or more of the stock of any corporation applying for a permit under this section

AB68,965,11 1. Officers of the corporation.

AB68,965,12 2. Directors of the corporation.

AB68,965,13 3. Agents of the corporation.

AB68,965,14 4. Stockholders of the corporation.

AB68,965,16 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may not be granted to any person to whom any of the following applies:

AB68,965,18 1. The person has been convicted of a violent misdemeanor, as defined in s. 941.29 (1g) (b), at least 3 times.

AB68,965,20 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g) (a), unless pardoned.

AB68,965,22 3. During the preceding 3 years, the person has been committed under s. 51.20 for being drug dependent.

AB68,966,2 4. The person chronically and habitually uses alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed to chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

AB68,966,4 a. The person has been committed for involuntary treatment under s. 51.45 (13).

AB68,966,5 b. The person has been convicted of a violation of s. 941.20 (1) (b).

AB68,966,15 c. In 2 or more cases arising out of separate incidents, a court has found the person to have committed a violation of s. 346.63 or a local ordinance in conformity with that section; a violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63; or a violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

AB68,966,17 5. The person has income that comes principally from gambling or has been convicted of 2 or more gambling offenses.

AB68,966,18 6. The person has been convicted of crimes relating to prostitution.

AB68,966,20 7. The person has been convicted of crimes relating to loaning money or anything of value to persons holding licenses or permits pursuant to ch. 125.

AB68,966,21 8. The person is under the age of 21.

AB68,966,23 9. The person has not been a resident of this state continuously for at least 90 days prior to the application date.

AB68,967,4 (cm) An applicant with 20 or more employees may not receive a permit under this section unless the applicant certifies to the department that the applicant has entered into a labor peace agreement and will abide by the terms of the agreement as a condition of maintaining a valid permit under this section. The applicant shall submit to the department a copy of the page of the labor peace agreement that contains the signatures of the union representative and the applicant.

AB68,967,14 (cn) The department shall use a competitive scoring system to determine which applicants are eligible to receive a permit under this section. The department shall issue permits to the highest scoring applicants that it determines will best protect the environment; provide stable, family-supporting jobs to local residents; ensure worker and consumer safety; operate secure facilities; and uphold the laws of the jurisdictions in which they operate. The department may deny a permit to an applicant with a low score as determined under this paragraph. The department may request that the applicant provide any information or documentation that the department deems necessary for purposes of making a determination under this paragraph.

AB68,967,21 (d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the permit applicant intends to operate the premises of a marijuana producer or marijuana processor. No later than 30 days after the department submits the notice, the governing body of the municipality may file with the department a written objection to granting or renewing the permit. At the municipality's request, the department may extend the period for filing objections.

AB68,968,10 2. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit or the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, the conduct of the applicant's patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic illegal activity" means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and that is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.

AB68,968,15 (e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.

AB68,968,17 (f) 1. The department's denial of a permit under this section is subject to judicial review under ch. 227.

AB68,968,19 2. The department's decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.

AB68,968,21 (g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).

AB68,969,2 (3) Fees; term. (a) Each person who applies for a permit under this section shall submit with the application a $250 fee. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to its expiration. A person is not entitled to a refund of the fees paid under this subsection if the person's permit is denied, revoked, or suspended.

AB68,969,6 (b) A permittee shall annually pay to the department a fee for as long as the person holds a valid permit under this section. The annual fee for a marijuana processor permittee is $2,000. The annual fee for a marijuana producer permittee is one of the following, unless the department, by rule, establishes a higher amount:

AB68,969,8 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 marijuana plants, $1,800.

AB68,969,10 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but not more than 3,600 marijuana plants, $2,900.

AB68,969,12 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but not more than 6,000 marijuana plants, $3,600.

AB68,969,14 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but not more than 10,200 marijuana plants, $5,100.

AB68,969,16 5. If the permittee plants, grows, cultivates, or harvests more than 10,200 marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.

AB68,969,19 (4) Schools. The department may not issue a permit under this section to operate as a marijuana producer within 500 feet of the perimeter of the grounds of any elementary or secondary school.

AB68,970,2 (5) Education and awareness campaign. The department shall develop and make available training programs for marijuana producers on how to safely and efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for marijuana processors on how to safely and efficiently produce and handle marijuana products and test marijuana for contaminants. The department shall conduct an awareness campaign to inform potential marijuana producers and marijuana processors of the availability and viability of marijuana as a crop or product in this state.

AB68,970,7 (6) Rules. The department shall promulgate rules necessary to administer and enforce this section, including rules relating to the inspection of the plants, facilities, and products of permittees; training requirements for employees of permittees; and the competitive scoring system for determining which applicants are eligible to receive a permit under this section.

AB68,970,11 (7) Penalties. (a) Any person who violates sub. (2), fails to pay the required fee under sub. (3), or violates any of the requirements established by the rules promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

AB68,970,15 (b) In addition to the penalties imposed under par. (a), the department shall revoke the permit of any person convicted of any violation described under par. (a) and not issue another permit to that person for a period of 2 years following the revocation.

AB68,1565 Section 1565. 94.57 of the statutes is created to read:

AB68,970,20 94.57 Testing laboratories. The department shall register entities as tetrahydrocannabinols testing laboratories. The laboratories may possess or manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the following services:

AB68,970,22 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

AB68,970,25 (2) Collect information on research findings and conduct research related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

AB68,971,1 (3) Provide training on the following:

AB68,971,3 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

AB68,971,4 (b) Security and inventory accountability procedures.

AB68,971,5 (c) The most recent research on the use of tetrahydrocannabinols.

AB68,1566 Section 1566 . 100.145 of the statutes is created to read:

AB68,971,9 100.145 Recreational marijuana logotype. The department shall design an official logotype appropriate for including on a label affixed to recreational marijuana under s. 139.973 (10) (a).

AB68,1567 Section 1567. 100.182 (4m) of the statutes is created to read:

AB68,971,11 100.182 (4m) The department may promulgate rules to implement this section.

AB68,1568 Section 1568. 100.2091 of the statutes is created to read:

AB68,971,16 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

AB68,971,21 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

AB68,972,3 (3) The department may enforce this section and may promulgate rules to implement and administer this section. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.

AB68,972,9 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the person affected.

AB68,1569 Section 1569. 100.2092 of the statutes is created to read: