Interpretive programs in state forests
Current law provides that all moneys received from fees charged for admission to educational and interpretive programs in state parks are appropriated for the costs associated with those programs. The bill adds moneys received from fees charged for admission to those programs in state forests to this appropriation, to be used for the costs associated with those programs.
Kenosha Dunes restoration funding
The bill appropriates moneys from the general fund to DNR for erosion control projects in the Kenosha Dunes unit of the Chiwaukee Prairie state natural area in Kenosha County.
Credit card fee recovery
The bill provides that DNR may collect a credit card handling fee to cover credit card transaction costs incurred in collecting fees for vehicle admission receipt and camping fees that are paid for by using a credit card. The bill requires DNR to promulgate rules establishing the amount of the fee, which may not be more than the amount necessary to cover the costs of using a credit card for fee payment.
General natural resources
Warren Knowles-Gaylord Nelson Stewardship 2000 Program
The bill reauthorizes the Warren Knowles-Gaylord Nelson Stewardship 2000 Program (stewardship program) until 2036 and makes various changes to the program.
Current law authorizes the state to incur public debt for certain conservation activities under the stewardship program, which is administered by DNR. The state may incur this debt to acquire land for the state for conservation purposes and for property development activities and may award grants or state aid to certain local governmental units and nonprofit conservation organizations (NCOs) to acquire land for these purposes. Current law establishes the amounts that DNR may obligate in each fiscal year through fiscal year 2025–26 for expenditure under each of five subprograms of the stewardship program.
The bill increases the total amount that may be obligated for the stewardship program from $33,250,000 each fiscal year to $83,000,000 each fiscal year beginning with fiscal year 2026–27 and ending with fiscal year 2035–36.
Moneys obligated under the stewardship program are appropriated from the capital improvement fund (CIF) and stewardship bond proceeds are deposited into CIF. Current law provides that, in obligating moneys under the subprogram for land acquisition, DNR must set aside certain amounts to be obligated only for DNR to acquire land and to provide grants to counties for land acquisition (county forest grants). Specifically, the set-aside for DNR land acquisition each fiscal year is $1,000,000 plus the amount transferred to CIF under an appropriation that transfers from moneys received for forestry activities (the forestry account) to CIF $5,000,000 in each fiscal year. The set-aside for county forest grants is equal to the amount transferred to CIF under an appropriation that transfers from the forestry account to CIF $3,000,000 in each fiscal year. The bill ends these annual transfers from the forestry account to CIF beginning in fiscal year 2026–27 and replaces the corresponding set-aside requirements under the land acquisition subprogram with appropriations that directly fund those purposes from the conservation fund, not the stewardship program. Specifically, the bill appropriates $6,000,000 each fiscal year from the conservation fund for DNR land acquisitions and $3,000,000 each fiscal year from the forestry account for county forest grants. The $6,000,000 that the bill appropriates directly each fiscal year for DNR land acquisitions is $1,000,000 more than the amount currently transferred to CIF and set aside for this purpose, and in addition the bill continues to provide a $1,000,000 set-aside for this purpose under the land acquisition subprogram of the stewardship program. The bill provides that any amount in CIF remaining from the amounts transferred from the forestry account in fiscal years 2022–23, 2023–24, 2024–25, and 2025–26 is transferred back to the forestry account in fiscal year 2026–27.
The bill eliminates a current law provision that states that, of the amount set aside under the land acquisition subprogram for DNR to acquire land, DNR may not use more than one-third to acquire land in fee simple. In addition, the bill eliminates a provision requiring DNR to use at least two appraisals to determine the current fair market value of land that is the subject of a stewardship funding for an NCO or governmental unit if DNR estimates the fair market value of the land to exceed $350,000. The bill increases from $7,000,000 to $14,000,000 the amount under the land acquisition subprogram that must be set aside for grants to nonprofit conservation organizations each fiscal year.
The bill renames the property development and local assistance subprogram to be the “state property development and local parks and recreation subprogram,” and increases from $14,250,000 to $51,500,000 the amount in each fiscal year that may be obligated under the subprogram. Of that amount, the bill increases from $5,000,000 to $15,450,000 the amount that DNR must obligate for property development each fiscal year and increases from $9,250,000 to $36,050,000 the amount that DNR must obligate for local assistance each fiscal year.
The bill increases from $500,000 to $2,500,000 the amount that DNR is required to set aside each fiscal year, from the amounts obligated for property development, for grants to friends groups and NCOs for property development activities on DNR properties. The bill also increases from $20,000 to $50,000 the maximum amount that DNR may encumber per DNR property for these grants in each fiscal year.
The bill creates a motorized recreation grant program funded from stewardship moneys, under which DNR may award a grant to a county, city, village, town, or recreational vehicle club either to acquire land for the purpose of establishing an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail (treated as obligated from the land acquisition subprogram) or to construct a trail crossing for an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail as part of an interchange project (treated as obligated from the state property development and local parks and recreation subprogram). The bill requires DNR to allocate $5,000,000 in each fiscal year for these grants.
The bill renames the recreational boating aids subprogram to be the “local recreation boat facilities subprogram” and increases from $3,000,000 to $9,000,000 the amount in each fiscal year that DNR may obligate under the subprogram. The bill eliminates DNR’s authority under current law to use funds, whether stewardship or other funds, for recreational boating project feasibility studies. The bill changes one of the factors that DNR must consider in establishing priorities for projects from “projects underway” to “projects in a state of readiness.”
The bill creates two new programs and funds them with appropriations from the general fund. Specifically, the bill creates a grant program for nonprofit conservation organizations to support wildlife and habitat management, and a tribal co-management program under which DNR must coordinate with the federally recognized American Indian tribes or bands domiciled in this state in the management of education infrastructure, land management activities, and other activities on DNR land.
Nonprofit conservation organization grants
Under current law, DNR is authorized to provide grants to nonprofit conservation organizations for a variety of conservation purposes, including acquisition of property, encouraging land management activities that enhance the state’s natural resources, and providing technical assistance.
The bill creates an appropriation to DNR from the general fund for the purpose of providing grants to nonprofit conservation organizations and requires DNR to award grants in the 2025–26 fiscal year to the following organizations: 1) Gathering Waters, 2) the Natural Resources Foundation of Wisconsin, 3) River Alliance of Wisconsin, and 4) Wisconsin Lakes.
Building demolition
The bill creates a continuing appropriation from the general fund to DNR for the demolition of buildings on DNR-owned property.
Wild rice stewardship
The bill appropriates to DNR from the general fund moneys for wild rice stewardship efforts within the waters of areas where American Indian tribes or bands hold treaty-based rights to harvest wild rice. The bill provides that not less than $50,000 of the amounts appropriated for each fiscal year must be allocated for public education and outreach pertaining to wild rice harvesting.
Off-highway motorcycle sales tax collection
Under current law, 1 percent of sales and use taxes on all-terrain vehicles, utility terrain vehicles, boats, and snowmobiles are deposited in the segregated conservation fund. The bill provides that 1 percent of sales and use taxes on off-highway motorcycles are deposited in the conservation fund and credited to the DNR appropriation for off-highway motorcycle administration.
Funding from Indian gaming receipts
Current law and Indian gaming compacts require DOA to transfer portions of Indian gaming receipts to certain DNR appropriations annually. At the end of each fiscal year, unobligated funds from programs that receive tribal gaming revenues revert to the appropriation account to which Indian gaming receipts are credited.
The bill eliminates the requirement to transfer these amounts to an appropriation that funds snowmobile law enforcement operations and safety training and fatality reporting and eliminates that appropriation. The bill also creates a new appropriation to DNR for providing grants to federally recognized American Indian tribes or bands for maintenance and repair of fish hatcheries operated by the tribe or band.
Under current law, DNR makes a payment to the Lac du Flambeau band of Lake Superior Chippewa based on the amount of fees collected by DNR for certain hunting and fishing approvals and the number of certain approvals issued within the the Lac du Flambeau reservation. DNR makes this payment from an appropriation that receives tribal gaming revenues. The bill provides that this appropriation is subject to the same reversion requirement as other gaming receipts transfers to DNR.
PUBLIC UTILITIES
Funding for broadband expansion grant program
The bill appropriates GPR funding for the broadband expansion grant program administered by PSC.
Focus on Energy funding
The bill makes changes to the funding of statewide energy efficiency and renewable resources programs, known as Focus on Energy, that current law requires investor-owned electric and natural gas utilities to fund. Under the bill, PSC must require those utilities to spend 2.4 percent of their annual operating revenues derived from retail sales to fund Focus on Energy and related programs. Under current law, the amount those utilities must spend is 1.2 percent of their annual operating revenues from retail sales.
Focus on Energy residential customer energy storage
The bill includes residential energy storage system programs and programs for reducing energy demand in the Focus on Energy program.
Energy innovation grant program
The bill appropriates GPR for the energy innovation grant program (EIGP), which is administered by PSC’s Office of Energy Innovation and awards grants for projects related to energy efficiency and innovation. Currently, the EIGP is funded with federal money from the 2009 American Recovery and Reinvestment Act.
Residential and commercial energy improvements
The bill allows PSC to authorize a public utility to finance energy improvements at a specific dwelling for a residential or commercial customer. Under the bill, a public utility may recover the costs of such an energy improvement through a surcharge periodically placed on the customer’s account. The bill requires PSC to promulgate rules establishing requirements for this financing, which must include that the surcharge is assigned to a location, not to an individual customer; that energy improvements are eligible for financing only if they are estimated to save an amount that exceeds the surcharge; and that the financing offered may not increase a customer’s risk or debt.
Deadline for a certificate of public convenience and necessity
Current law generally prohibits a person from commencing construction of certain large electric generating facilities or high-voltage transmission lines without obtaining a certificate of public convenience and necessity (CPCN) from PSC. After a person files a complete application for a CPCN, PSC must take final action on the application within 180 days, or else PSC is considered to have issued a CPCN to the applicant. However, current law also allows the PSC chairperson to extend that deadline for no more than an additional 180 days. If PSC fails to take final action within the extended deadline, PSC is considered to have issued the CPCN. The bill authorizes the PSC chairperson to make two such 180-day extensions instead of just one.
Brownfield renewable energy generation grants
Under the bill, PSC makes grants to developers and electric providers for redeveloping brownfields for renewable energy generation. The grants may be used only for remediating brownfields, developing renewable energy infrastructure on brownfields, and technical support.
Nuclear energy feasibility study
The bill requires PSC to conduct a nuclear power plant feasibility study and creates an appropriation to fund the study.
Electric utility integrated resource plans
The bill requires investor-owned and municipal electric utilities to file integrated resource plans with PSC. An integrated resource plan must describe the resources an electric utility could use to meet the service needs of its customers over the next 5-year, 10-year, and 15-year periods and must contain certain other information, including forecasts of electricity demand under various reasonable scenarios and plans and projected costs for meeting that electricity demand. PSC must establish requirements for the contents and filing of the plans, and PSC must approve, reject, or modify an electric utility’s integrated resource plan consistent with the public interest. The bill also requires PSC to review the integrated resource plans filed by electric utilities to inform its biennial strategic energy assessment. Under current law, the strategic energy assessment evaluates the adequacy and reliability of the state’s current and future energy supply.
Securitization of retiring power plants
Under current law, an energy utility is allowed to apply to PSC for an order allowing the utility to finance the costs of the following activities by issuing bonds: 1) the construction, installation, or otherwise putting into place of environmental control equipment in connection with a plant that, before March 30, 2004, has been used to provide service to customers and 2) the retiring of any existing plant, facility, or other property to reduce, control, or eliminate environmental pollution in accordance with federal or state law. Current law defines these activities as “environmental control activities.” If approved by PSC, the bonds, which are referred to as “environmental trust bonds,” are secured by revenues arising from charges paid by an energy utility’s customers for the utility to recover the cost of the activities, as well as the cost of financing the bonds.
The bill adds the retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources as an environmental control activity, the costs of which may be financed by an environmental trust bond.
Remove size limit on grants for lead service line replacement
The bill allows water public utilities to make grants that cover the full cost of replacing lead-containing customer-side water service lines. Under current law, water public utilities may, after applying to and receiving approval from PSC, make grants and loans to property owners to assist replacement of customer-side water service lines containing lead. Current law prohibits PSC from approving a water public utility’s application to provide these grants unless grants are limited to no more than one-half of the total cost of replacing lead-containing customer-side water service lines.
REAL ESTATE
Real estate condition reports
Under current law, with certain exceptions, an owner selling residential real property or vacant land must give a prospective buyer a form, known as a real estate condition report for residential real property and known as the vacant land disclosure report for vacant land (real estate condition report), on which the owner discloses certain conditions of, and other information about, the real property of which the owner is aware. Currently, as part of the real estate condition report, a seller must disclose whether the applicable real estate is located in a floodplain. The bill requires the real estate condition report to include a link to a DNR website for more information about flood insurance. Current law also requires a seller of residential real estate to indicate whether any insurance claims related to damage to the premises have been filed in the past five years. The bill adds the same provision to the vacant land disclosure report. Additionally, the bill adds to both real estate condition reports language that specifies that the disclosure related to insurance claims includes insurance claims for damage caused by a flood. Lastly, the bill adds to the real estate condition report a disclosure related to claims for financial support, other than insurance claims, for damage to the property caused by a flood. Under current law and the bill, the real estate condition report includes a provision under which the prospective buyer acknowledges that that technical knowledge such as that acquired by professional inspectors may be required to detect certain defects, including “floodplain status.”
Landlord notification requirements
The bill provides that, if a landlord has actual knowledge that a rental property is located in a floodplain, the landlord must disclose that fact to a prospective tenant before entering into a lease or accepting any earnest money or security deposit from the prospective tenant.
RETIREMENT AND GROUP INSURANCE
Benefits for domestic partners
The bill provides that domestic partners of public employees be treated similarly to spouses of public employees for purposes of benefits received through ETF. These benefits include group health insurance coverage, beneficiary rights under the Wisconsin Retirement System (WRS), automatic beneficiary rights under the deferred compensation plan, and duty disability survivorship benefits.
WRS annuitants returning to work
Under current law, if a WRS annuitant, or a disability annuitant who has attained his or her normal retirement date, is appointed to a position with a WRS-participating employer or provides employee services to a WRS-participating employer in which he or she is expected to work at least two-thirds of what is considered full-time employment by ETF, the annuity must be suspended and no annuity payment is payable until after the participant again terminates covered employment.
The bill removes the requirement that an annuitant who returns to work for a participating employer have his or her annuity suspended and become a participating employee and instead allows an annuitant who returns to work to either 1) elect to suspend his or her annuity and become a participating employee or 2) elect to continue receiving his or her annuity and not become a participating employee.
Under current law, a WRS participant who has applied to receive a retirement annuity must wait at least 75 days between terminating covered employment with a WRS employer and returning to covered employment again as a participating employee. The bill reduces that period to 30 days.
Waiting period for state employees
Under current law, most state employees, other than limited-term employees, become covered under the state group health insurance plan on the first day of the first month after becoming employed with the state by filing an election within 30 days of being hired. However, most state employees are ineligible for an employer contribution toward the premiums for the first three months of employment. The bill changes the date to the first day of the second month for most state employees, other than limited-term employees, hired after the effective date of the bill.
Internal auditor
The bill creates the Office of Internal Audit attached to ETF. Under the bill, the office plans and conducts audits of activities and programs administered by ETF, among other responsibilities, while following policies, principles, and directives established by the Employee Trust Funds Board (ETFB).
The bill requires ETFB to appoint an internal auditor and internal audit staff within the classified service who report directly to ETFB. Currently, the internal auditor for ETF reports to the secretary of ETF, and internal audit staff report to the internal auditor.
Automated operating system progress report
The bill requires the secretary of ETF to submit with ETF’s biennial budget request a report that includes details of ETF’s expenditures to implement an automated operating system and a progress report and timelines of ETF’s anticipated progress on modernizing its business processes and integrating its information technology systems.
SAFETY AND PROFESSIONAL SERVICES
Advanced practice registered nurses
Licensure of advanced practice registered nurses
Under current law, a person who wishes to practice professional nursing must be licensed by the Board of Nursing as a registered nurse (RN). The bill creates an additional system of licensure for advanced practice registered nurses (APRNs), to be administered by the board. Under the bill, in order to apply for an APRN license, a person must 1) hold, or concurrently apply for, an RN license; 2) have completed an accredited graduate-level or postgraduate-level education program preparing the person to practice as an APRN in one of four recognized roles and hold a current national certification approved by the board; 3) possess malpractice liability insurance as provided in the bill; 4) pay a fee determined by DSPS; and 5) satisfy certain other criteria specified in the bill. The bill also allows a person who has not completed an accredited education program described above to receive an APRN license if the person 1) on January 1, 2026, is both licensed as an RN in Wisconsin and practicing in one of the four recognized roles and 2) satisfies additional practice or education criteria established by the board. The bill also, however, automatically grants licenses to certain RNs, as further described below. The four recognized roles, as defined in the bill, are 1) certified nurse-midwife; 2) certified registered nurse anesthetist; 3) clinical nurse specialist; and 4) nurse practitioner. The bill requires the board, upon granting a person an APRN license, to also grant the person one or more specialty designations corresponding to the recognized role or roles for which the person qualifies.
Under the bill, all APRNs, except APRNs with a certified nurse-midwife specialty designation, must practice in collaboration with a physician or dentist. However, under the bill, an APRN may practice without being supervised by a physician or dentist if the board verifies that the APRN has completed 3,840 hours of professional nursing in a clinical setting and has completed 3,840 clinical hours of advanced practice registered nursing practice in his or her recognized role while working with a physician or dentist during those 3,840 hours of practice. APRNs may count additional hours practiced as an APRN in collaboration with a physician or dentist towards the 3,840 required hours of professional nursing. APRNs with a certified nurse-midwife specialty designation are instead required, if they offer to deliver babies outside of a hospital setting, to file and keep current with the board a proactive plan for involving a hospital or a physician who has admitting privileges at a hospital in the treatment of patients with higher acuity or emergency care needs, as further described below. Regardless of whether an APRN has qualified to practice independently, the bill provides that an APRN may provide chronic pain management services only while working in a collaborative relationship with a physician who, through education, training, and experience, specializes in pain management. Alternatively, if an APRN has qualified to practice independently and currently has privileges in a hospital, the APRN may provide chronic pain management services without a collaborative relationship with a physician.
The holder of an APRN license may append the title “A.P.R.N.” to his or her name, as well as a title corresponding to whichever specialty designations that the person possesses. The bill prohibits any person from using the title “A.P.R.N.,” and from otherwise indicating that he or she is an APRN, unless the person is licensed by the board as an APRN. The bill also prohibits the use of titles and abbreviations corresponding to a recognized role unless the person has a specialty designation for that role.
The bill allows an APRN to delegate a task or order to another clinically trained health care worker if the task or order is within the scope of the APRN’s practice, the APRN is competent to perform the task or issue the order, and the APRN has reasonable evidence that the health care worker is minimally competent to perform the task or issue the order under the circumstances. The bill requires an APRN to adhere to professional standards when managing situations that are beyond the APRN’s expertise.
Under the bill, when an APRN renews his or her APRN license, the board must grant the person the renewal of both the person’s RN license and the person’s APRN license. The bill requires all APRNs to complete continuing education requirements each biennium in clinical pharmacology or therapeutics relevant to the APRN’s area of practice and to satisfy certain other requirements when renewing a license.
Practice of nurse-midwifery
The bill eliminates licensure and practice requirements specific to nurse-midwives and the practice of nurse-midwifery, including specific requirements to practice with an obstetrician. Under the bill, “certified nurse-midwife” is one of the four recognized roles for APRNs, and a person who is licensed as a nurse-midwife under current law is automatically granted an APRN license with a certified nurse-midwife specialty designation. The bill otherwise allows nurse-midwives to be licensed as APRNs if they satisfy the licensure requirements, except that the bill also requires that a person applying for a certified nurse-midwife specialty designation be certified by the American Midwifery Certification Board. The bill also requires an APRN with a specialty designation as a certified nurse-midwife to file with the Board of Nursing, and obtain the board’s approval of, a plan for ensuring appropriate care or care transitions in treating certain patients if the APRN offers to deliver babies outside of a hospital setting.
Prescribing authority
Under current law, a person licensed as an RN may apply to the Board of Nursing for a certificate to issue prescription orders if the person meets certain requirements established by the board. An RN holding a certificate is subject to various practice requirements and limitations established by the board and must possess malpractice liability insurance in an amount determined by the board.
The bill eliminates certificates to issue prescription orders and generally authorizes APRNs to issue prescription orders. A person who is certified to issue prescription orders under current law is automatically granted an APRN license with his or her appropriate specialty designation. RNs who are practicing in a recognized role on January 1, 2026, but who do not hold a certificate to issue prescription orders on that date and who are granted an APRN license under the bill may not issue prescription orders. As under current law, an APRN issuing prescription orders is subject to various practice requirements and limitations established by the board.
The bill eliminates a provision concerning the ability of advanced practice nurses who are certified to issue prescription orders and who are required to work in collaboration with or under the supervision of a physician to obtain and practice under a federal waiver to dispense narcotic drugs to individuals for addiction treatment.
Malpractice liability insurance
