Amendment SA7-SSA2-SB45

SB45-SSA2-SA7,13,10 93.62 Food security and Wisconsin products grant program. The department may award grants from the appropriation under s. 20.115 (4) (aq) to nonprofit food banks, nonprofit food pantries, and other nonprofit organizations that provide food assistance for the purpose of purchasing food products that are made or grown in this state.

SB45-SSA2-SA7,36 Section 36. 93.63 of the statutes is created to read:

SB45-SSA2-SA7,13,18 93.63 Farm to fork program. (1) Definition. In this section, “farm to fork program” means a program to connect entities that are not school districts and that have cafeterias to nearby farms to provide locally produced fresh fruits and vegetables, dairy products, and other nutritious, locally produced foods in meals and snacks; to help the public develop healthy eating habits; to provide nutritional and agricultural education; and to improve farmers’ incomes and direct access to markets.

SB45-SSA2-SA7,13,23 (2) Grants. (a) The department may award grants from the appropriation under s. 20.115 (4) (at) to businesses, universities, hospitals, and other entities that are not school districts and that have cafeterias for the creation and expansion of farm to fork programs. The department shall give preference to proposals that are innovative or that provide models that other entities can adopt.

SB45-SSA2-SA7,14,5 (b) In awarding grants under this section, the department shall promote agricultural development and farm profitability by supporting the development and adoption of practices and agribusiness opportunities that involve the production of value-added agricultural products. For purposes of this paragraph, “value-added agricultural product” means a farm product that satisfies any of the following:

SB45-SSA2-SA7,14,6 1. The product has undergone a change in physical state.

SB45-SSA2-SA7,14,7 2. The product is produced in a manner that enhances its value.

SB45-SSA2-SA7,14,8 3. The product is physically segregated in a manner that enhances its value.

SB45-SSA2-SA7,14,9 4. The product is a source of farm-based or ranch-based renewable energy.

SB45-SSA2-SA7,14,11 5. The product is aggregated and marketed as a locally produced farm product.

SB45-SSA2-SA7,14,13 (c) The department may award grants under this subsection for projects that do any of the following:

SB45-SSA2-SA7,14,16 1. Create, expand, diversify, or promote production, processing, marketing, and distribution of food produced in this state for sale to entities in this state other than school districts.

SB45-SSA2-SA7,14,19 2. Create, expand, or renovate facilities, including purchases of equipment for the facilities, that would ensure the use of food produced in this state in locations in this state other than schools.

SB45-SSA2-SA7,14,21 3. Provide, expand, or promote training for food service personnel, farmers, and distributors.

SB45-SSA2-SA7,14,22 4. Provide, expand, or promote nutritional and agricultural education.

SB45-SSA2-SA7,15,2 (d) The department shall consult with interested persons to establish grant priorities for each fiscal year.

SB45-SSA2-SA7,15,5 (3) Reports. At least annually, the department shall report to the legislature under s. 13.172 (2) and to the secretary on the needs and opportunities for farm to fork programs.

SB45-SSA2-SA7,15,6 (4) Rules. The department may promulgate rules to administer this section.

SB45-SSA2-SA7,37 Section 37. 93.67 of the statutes is created to read:

SB45-SSA2-SA7,15,9 93.67 Sandhill crane damage reimbursement program. (1) In this section:

SB45-SSA2-SA7,15,13 (a) “Eligible applicant” means a person that plants corn on land that is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the person applies for reimbursement under this section.

SB45-SSA2-SA7,15,15 (b) “Farm” means all land under common ownership that is primarily devoted to agricultural use.

SB45-SSA2-SA7,15,17 (c) “Seed coating” means a nonlethal treatment registered for use on corn seed to discourage sandhill cranes from consuming the seed.

SB45-SSA2-SA7,15,20 (2) (a) The department shall administer a program to provide reimbursements to eligible applicants for the purchase of seed coating that is applied as a seed treatment.

SB45-SSA2-SA7,15,23 (b) A reimbursement under this section shall cover not more than 50 percent of the actual cost of the purchase of seed coating that is applied as a seed treatment and may not exceed $6,250 per eligible applicant per planting season.

SB45-SSA2-SA7,16,4 (c) From March 1 to June 15 of each year, eligible applicants may apply to the department for reimbursement for seed coating purchased no earlier than November 1 of the prior year. Eligible applicants shall provide to the department proof of purchase and an application on a form provided by the department to be eligible to receive a reimbursement under this section.

SB45-SSA2-SA7,16,6 (d) From the appropriation under s. 20.115 (7) (ac), the department shall prioritize reimbursement payments under par. (c) to all of the following:

SB45-SSA2-SA7,16,8 1. Eligible applicants that received a federal depredation permit for sandhill crane in the previous year.

SB45-SSA2-SA7,16,11 2. Eligible applicants that received reimbursement under this section in any of the prior 3 years or that can provide documentation of purchase of seed coating in any of the prior 3 years.

SB45-SSA2-SA7,16,14 3. Eligible applicants planting corn on land vulnerable to sandhill crane depredation as determined by the department in consultation with the department of natural resources and applicable conservation organizations.

SB45-SSA2-SA7,16,20 (e) After reimbursing all eligible applicants under par. (d), from the appropriation under s. 20.115 (7) (ac), the department shall make reimbursement payments to other eligible applicants that have experienced or are likely to experience seed or crop damage from sandhill cranes. The department shall make payments under this paragraph to eligible applicants in the order in which applications are received by the department.

SB45-SSA2-SA7,16,23 (f) The department shall make all reimbursement payments under pars. (d) and (e) no later than September 15 of the year in which applications are made under par. (c).

SB45-SSA2-SA7,17,2 (g) A farm is eligible to receive only one reimbursement payment per year under this section.

SB45-SSA2-SA7,17,8 (3) The department shall compile an annual report detailing the number of reimbursements requested, the total dollar amount requested as reimbursement, the number of reimbursements issued, and the total dollar amount disbursed as reimbursement under this section. The department shall submit the report to the appropriate standing committees of the legislature in the manner provided in s. 13.172 (3) no later than December 31 each year.

SB45-SSA2-SA7,17,12 (4) The department may promulgate rules to establish prioritization of payments under sub. (2) (d) and (e), including identifying applicable conservation organizations under sub. (2) (d) 3. and determining whether eligible applicants have experienced or are likely to experience seed or crop damage under sub. (2) (e).

SB45-SSA2-SA7,38 Section 38. 93.73 (2) (b) of the statutes is amended to read:

SB45-SSA2-SA7,17,20 93.73 (2) (b) The department, after consultation with the council under sub. (13), shall solicit applications under sub. (3) at least annually. The department shall issue each solicitation in writing and shall publish a notice announcing the solicitation. In soliciting applications, the department may specify the total amount of funds available, application deadlines, application requirements and procedures, preliminary criteria for evaluating applications, and other relevant information.

SB45-SSA2-SA7,39 Section 39. 93.74 of the statutes is created to read:

SB45-SSA2-SA7,17,24 93.74 Planning grants for regional biodigesters. (1) Grant program. From the appropriation under s. 20.115 (7) (u), the department shall provide planning grants for establishing regional biodigesters.

SB45-SSA2-SA7,18,2 (2) Rules. The department shall promulgate rules for the administration of this section.

SB45-SSA2-SA7,40 Section 40. 93.75 of the statutes is created to read:

SB45-SSA2-SA7,18,6 93.75 Biodigester operator certification grants. (1) Grants. From the appropriation under s. 20.115 (7) (da), the department shall award grants to individuals seeking biodigester operator certification.

SB45-SSA2-SA7,18,9 (2) Rules. The department may promulgate rules establishing the application process and grant-awarding criteria for the biodigester operator certification grants.

SB45-SSA2-SA7,41 Section 41. 97.26 of the statutes is created to read:

SB45-SSA2-SA7,18,13 97.26 Labeling of food product as milk. (1) Prohibition. No person may label a food product as, or sell or offer for sale a food product that is labeled as, any type of “milk” unless the food product is at least one of the following:

SB45-SSA2-SA7,18,14 (a) Milk, lowfat milk, skim milk, or nonfat dry milk.

SB45-SSA2-SA7,18,15 (b) A product described in 21 CFR 131.110 to 131.147.

SB45-SSA2-SA7,18,16 (c) Hooved or camelid mammals’ milk, as defined in s. 97.20 (1) (fm).

SB45-SSA2-SA7,18,17 (2) Rules. The department shall promulgate rules to implement this section.

SB45-SSA2-SA7,42 Section 42. 97.265 of the statutes is created to read:

SB45-SSA2-SA7,18,22 97.265 Labeling food as a type of dairy product. (1) Dairy products. No person may label a food product as, or sell or offer for sale a food product that is labeled as, a type of dairy product described in s. 97.20 (1) (b) 3. to 5. or a similar term unless the food product is a dairy product, as defined in s. 97.20 (1) (b).

SB45-SSA2-SA7,19,2 (2) Dairy ingredients. No person may label a food product as, or sell or offer for sale a food product that is labeled as, a type of dairy ingredient unless the food product is derived from at least one of the following:

SB45-SSA2-SA7,19,3 (a) Milk, lowfat milk, skim milk, or nonfat dry milk.

SB45-SSA2-SA7,19,4 (b) A product described in 21 CFR 131.110 to 131.147.

SB45-SSA2-SA7,19,5 (c) Hooved or camelid mammals’ milk, as defined in s. 97.20 (1) (fm).

SB45-SSA2-SA7,19,6 (3) Rules. The department shall promulgate rules to implement this section.

SB45-SSA2-SA7,43 Section 43. 97.57 (4) of the statutes is created to read:

SB45-SSA2-SA7,19,13 97.57 (4) No person may sell or offer for sale wild rice labeled “traditionally harvested” unless the wild rice is harvested using traditional wild rice harvesting methods of American Indian tribes or bands, as defined by the department by rule. The department shall obtain the advice and recommendations of the Great Lakes Inter-Tribal Council, Inc., before promulgating a rule defining a traditional wild rice harvesting method.

SB45-SSA2-SA7,44 Section 44. 100.2091 of the statutes is created to read:

SB45-SSA2-SA7,19,18 100.2091 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.

SB45-SSA2-SA7,19,23 (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.

SB45-SSA2-SA7,20,9 (3) The department may enforce this section and may promulgate rules to implement and administer this section, including rules that define low-income households, and to align department rules with federal communications commission broadband rules. 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.

SB45-SSA2-SA7,20,15 (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.

SB45-SSA2-SA7,45 Section 45. 100.2092 of the statutes is created to read:

SB45-SSA2-SA7,20,21 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major system-wide or large area emergency, such as a natural disaster.

SB45-SSA2-SA7,21,2 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

SB45-SSA2-SA7,21,6 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

SB45-SSA2-SA7,21,9 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

SB45-SSA2-SA7,21,11 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

SB45-SSA2-SA7,21,13 (f) A broadband service provider shall give a subscriber at least 30 days’ advance written notice before instituting a rate increase.

SB45-SSA2-SA7,21,16 (g) A broadband service provider shall give a subscriber at least 7 days’ advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

SB45-SSA2-SA7,21,19 (h) A broadband service provider shall give a subscriber at least 10 days’ advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

SB45-SSA2-SA7,21,22 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

SB45-SSA2-SA7,22,2 (j) A broadband service provider shall provide broadband service to a subscriber as described in point-of-sale advertisements and representations made to the subscriber.

SB45-SSA2-SA7,22,5 (k) A broadband service provider shall give a subscriber at least 10 days’ advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary.

SB45-SSA2-SA7,22,10 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

SB45-SSA2-SA7,22,14 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider’s service, including in all of the following types of advertisements:

SB45-SSA2-SA7,22,15 (a) Television and other commercials.

SB45-SSA2-SA7,22,16 (b) Internet and email advertisements.

SB45-SSA2-SA7,22,17 (c) Print advertisements and bill inserts.

SB45-SSA2-SA7,22,19 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

SB45-SSA2-SA7,22,22 (3) Rules. The department may promulgate rules to implement and administer this section, including rules to align department rules with federal communications commission broadband rules.

SB45-SSA2-SA7,23,3 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

SB45-SSA2-SA7,23,5 (b) The department or a district attorney may institute civil proceedings under this section.

SB45-SSA2-SA7,46 Section 46. 100.306 of the statutes is created to read:

SB45-SSA2-SA7,23,8 100.306 Prohibited selling practices upon the occurrence of a severe thunderstorm. (1) Definitions. In this section:

SB45-SSA2-SA7,23,10 (a) “Consumer goods or services” means goods or services that are used primarily for personal, family, or household purposes.

SB45-SSA2-SA7,23,13 (b) “Restoration and mitigation services provider” means a person that provides a service to prevent further damage or provide protection to property following a fire, smoke, water, or storm event.

SB45-SSA2-SA7,23,15 (c) “Severe thunderstorm” means a weather event in which any of the following occurs: