SB45: Bill Text

SB45,453 Section 453. 23.0917 (5g) (a) of the statutes is amended to read:

SB45,378,2 23.0917 (5g) (a) Except as provided in pars. (b) to (j), if for a given fiscal year, the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2025-26 2035-36.

SB45,454 Section 454. 23.0917 (7) (e) 3. of the statutes is created to read:

SB45,378,5 23.0917 (7) (e) 3. Subdivision 1. does not apply beginning with fiscal year 2026-27.

SB45,455 Section 455. 23.0917 (8) (f) 2. of the statutes is amended to read:

SB45,378,10 23.0917 (8) (f) 2. Beginning with fiscal year 2013-14 and ending with fiscal year 2025-26, of the amount set aside for a given fiscal year under sub. (3) (bt), not more than one-third of that amount may be obligated for the purpose of the acquisition of land by the department.

SB45,456 Section 456. 23.0917 (12) of the statutes is amended to read:

SB45,378,13 23.0917 (12) Expenditures after 2026. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2026 2036.

SB45,457 Section 457. 23.0952 of the statutes is created to read:

SB45,378,15 23.0952 Motorized recreation grants. (1) In this section:

SB45,378,16 (a) “All-terrain vehicle trail” has the meaning given in s. 23.33 (1) (d).

SB45,378,17 (b) “Land” means land in fee simple or an easement.

SB45,378,18 (c) “Off-highway motorcycle trail” has the meaning given in s. 23.335 (1) (v).

SB45,378,22 (d) “Recreational vehicle club” means an all-terrain vehicle club, as defined under s. 23.33 (1) (bc), a utility terrain vehicle club, as defined under s. 23.33 (1) (nh), an off-highway motorcycle association, as defined under s. 23.335 (1) (qm), or a snowmobile club, as defined under s. 350.12 (3j) (bg) 1.

SB45,378,23 (e) “Snowmobile trail” has the meaning given in s. 350.01 (17).

SB45,379,3 (2) Beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, the department shall establish a grant program under which the department may award a grant to a county, city, village, town, or recreational vehicle club for any of the following purposes:

SB45,379,5 (a) To acquire land for the purpose of establishing an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail.

SB45,379,7 (b) To construct a trail crossing for an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail as part of an interchange project.

SB45,379,14 (3) Grants under this section shall be awarded from the appropriation under s. 20.866 (2) (ta), and the department shall allocate a total of $5,000,000 in each fiscal year beginning with fiscal year 2026-27 for these grants. For purposes of s. 23.0917, grants awarded under sub. (2) (a) to acquire land shall be treated as moneys obligated from the subprogram under s. 23.0917 (3) and grants awarded under sub. (2) (b) for the construction of trail crossings shall be treated as moneys obligated from the subprogram under s. 23.0917 (4).

SB45,379,18 (4) A grant recipient may not convert the land, or any rights in the land, acquired with grant moneys awarded under this section to a use that is inconsistent with the type of trail for which the grant was awarded unless the natural resources board approves the conversion.

SB45,458 Section 458. 23.096 (title) of the statutes is amended to read:

SB45,379,21 23.096 (title) Grants Stewardship grants to nonprofit conservation organizations.

SB45,459 Section 459. 23.096 (2m) (intro.) of the statutes is amended to read:

SB45,380,3 23.096 (2m) (intro.) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2025-26 2035-36, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:

SB45,460 Section 460. 23.0961 of the statutes is created to read:

SB45,380,7 23.0961 Grants to nonprofit conservation organizations. The department may award grants from the appropriation under s. 20.370 (5) (ha) to nonprofit conservation organizations to support wildlife and habitat management.

SB45,461 Section 461. 23.0966 of the statutes is created to read:

SB45,380,13 23.0966 Tribal co-management program. The department shall establish a program under which it coordinates 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 department land, as defined under s. 23.0917 (1) (c).

SB45,462 Section 462. 23.098 (2) of the statutes is amended to read:

SB45,380,19 23.098 (2) The department shall establish a program to make grants from the appropriations under s. 20.866 (2) (ta) and (tz) to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber more than $500,000 $2,500,000 in each fiscal year for these grants.

SB45,463 Section 463. 23.098 (4) (b) of the statutes is amended to read:

SB45,380,22 23.098 (4) (b) The department may not encumber more than $20,000 $50,000 for grants under this section for a department property in each fiscal year.

SB45,464 Section 464. 23.197 (15) of the statutes is repealed.

SB45,465 Section 465. 23.1987 (1) of the statutes is amended to read:

SB45,381,7 23.1987 (1) From the moneys appropriated under s. 20.866 (2) (ta), the department shall set aside $7,000,000 in fiscal year 2014-15 that may be obligated only for infrastructure improvements to the Kettle Moraine Springs fish hatchery. For purposes of s. 23.0917, moneys obligated under this subsection shall be treated as moneys obligated under the property development and local assistance subprogram under s. 23.0917 (4). Section 23.0917 (5g) does not apply with respect to amounts obligated before July 1, 2018, under this subsection.

SB45,466 Section 466. 23.1991 of the statutes is created to read:

SB45,381,13 23.1991 Great Lakes erosion control revolving loan program. (1) The department shall administer a revolving loan program to assist municipalities and owners of homes located on the shore of Lake Michigan or Lake Superior where the structural integrity of municipal buildings or homes is threatened by erosion of the shoreline.

SB45,381,15 (2) The department shall make loans under this section from the appropriation under s. 20.370 (9) (pq).

SB45,381,18 (3) The department shall promulgate rules to administer this section, including rules establishing eligibility criteria and income limitations for loans under this section.

SB45,467 Section 467. 23.1993 of the statutes is created to read:

SB45,381,24 23.1993 Mississippi River erosion control revolving loan program. (1) The department shall administer a revolving loan program to assist municipalities and owners of homes located on the shore of the Mississippi River where the structural integrity of municipal buildings or homes is threatened by erosion of the shoreline.

SB45,382,2 (2) The department shall make loans under this section from the appropriation under s. 20.370 (9) (pq).

SB45,382,5 (3) The department shall promulgate rules to administer this section, including rules establishing eligibility criteria and income limitations for loans under this section.

SB45,468 Section 468. 23.33 (1) (nh) of the statutes is created to read:

SB45,382,8 23.33 (1) (nh) “Utility terrain vehicle club” means a club consisting of individuals that promotes the recreational use of utility terrain vehicles.

SB45,469 Section 469. 23.405 of the statutes is created to read:

SB45,382,11 23.405 Report on environmental impacts to covered communities. (1) In this section:

SB45,382,14 (a) “Covered community” means a census tract that is at or above the 65th percentile for share of households with a household income at or below 200 percent of the federal poverty level and is any of the following:

SB45,382,18 1. At or above the 90th percentile for share of households that are both earning less than 80 percent of area median family income, as determined by the federal department of housing and urban development, and are spending more than 30 percent of their income on housing costs.

SB45,382,19 2. At or above the 90th percentile for share of homes built before 1960.

SB45,382,21 3. At or above the 90th percentile for having hazardous waste treatment, storage, or disposal facilities or large quantity generators located within 3.1 miles.

SB45,383,2 4. At or above the 90th percentile for number of proposed or listed sites identified by the federal environmental protection agency as superfund or national priorities list sites located within 3.1 miles.

SB45,383,4 5. At or above the 90th percentile for mixture of particles in diesel exhaust in the air, measured as pounds per cubic foot.

SB45,383,6 6. At or above the 90th percentile for number of vehicles, based on average annual daily traffic, at major roads within 1,640 feet, divided by distance in feet.

SB45,383,9 7. At or above the 90th percentile for risk-screening environmental indicators modeled toxic concentrations at stream segments within 1,640 feet, divided by distance in feet.

SB45,383,10 8. Occupied by a federally recognized American Indian tribe or band.

SB45,383,14 (b) “Cumulative impacts” means the combined past, present, and foreseeable future emissions and discharges occurring in a specific geographical area that are assessed based upon guidance issued by the department for exposure, public health or environmental risk, or other effects to the geographical area.

SB45,383,16 (c) “Facility” means any facility, the operation of which requires a permit issued by the department under ch. 283, 285, 289, or 291.

SB45,383,19 (2) The department shall identify and maintain a list of covered communities in the state. The department shall update the list as necessary to reflect the most recent data on household income and the most recent federal decennial census.

SB45,383,22 (3) The department may not issue a permit under ch. 283, 285, 289, or 291 for the operation of a facility that is located wholly or partly within a covered community unless the permit applicant does all of the following:

SB45,384,3 (a) Prepares a report assessing the environmental impact of the facility, including any cumulative impacts on the covered community, any adverse environmental effects that could not be avoided if the permit were issued, and the public health impact on the covered community.

SB45,384,6 (b) Makes the report available to the public and provides the report to the department and the governing body and municipal clerk for the municipality in which the covered community is located.

SB45,384,17 (c) Not less than 30 days after providing the report to the department and the governing body and municipal clerk under par. (b), conducts a public hearing in the municipality in which the covered community is located. The permit applicant shall conduct the public hearing in a manner that provides clear, accurate, and complete information about the facility and that provides the opportunity for meaningful public participation by residents of the covered community. Not less than 21 days prior to the hearing, the permit applicant shall publish public notices of the hearing in no fewer than 2 newspapers circulating within the covered community. Not less than 14 days prior to the hearing, the permit applicant shall provide a copy of the public notice to the department and the governing body and the municipal clerk of the municipality in which the covered community is located.

SB45,384,21 (4) If a permit applicant is applying for more than one permit for a proposed new or expanded facility that is subject to sub. (3), the permit applicant is not required to comply with sub. (3) more than once for permits applicable to that facility.

SB45,385,3 (5) Following a public hearing conducted under sub. (3) (c), the department shall consider community support and any testimony presented in its decision to grant or deny a permit and shall evaluate any revisions or conditions to the permit that may be necessary to reduce the adverse impact to public health or to the environment in the covered community.

SB45,385,11 (6) The department shall issue a decision on a permit application that is subject to sub. (3) not less than 60 days following the public hearing held as required by sub. (3) (c). The department may deny an application for a permit for the operation of a facility that is located wholly or partly within a covered community if the department finds that the cumulative impact of the facility, in addition to the existing conditions in the covered community, constitute an unreasonable risk to the environment and the health of the residents in the covered community.

SB45,385,13 (7) The department may promulgate any rules necessary to administer this section.

SB45,470 Section 470. 25.29 (1) (b) of the statutes is amended to read:

SB45,385,17 25.29 (1) (b) One percent of all sales and use taxes under s. 77.61 (1) on all- terrain vehicles, utility terrain vehicles, off-highway motorcycles, boats, and snowmobiles collected under ss. 23.33, 23.335, 30.52 (4), 350.12, and 350.122.

SB45,471 Section 471. 25.40 (1) (f) 1. of the statutes is amended to read:

SB45,385,21 25.40 (1) (f) 1. Moneys received from the federal government, for the regulation of railroads and water carriers, that are deposited in the general fund and credited to the appropriation under s. 20.155 (2) (m) 20.395 (7) (am).

SB45,472 Section 472. 25.491 (1) (c) 2. of the statutes is amended to read:

SB45,386,4 25.491 (1) (c) 2. The percentage change in the estimated amount of revenues received from the taxes imposed under ss. 77.52 and 77.53 for the previous fiscal year from the immediately preceding fiscal year, as specified for that fiscal year as outlined in the summary of estimated general fund taxes under the biennial budget act prepared by the legislative fiscal bureau, multiplied by the sum of the amounts credited to the accounts under subs. (2) (a) and (9) in the previous fiscal year.

SB45,473 Section 473. 25.491 (1) (c) 3. of the statutes is created to read:

SB45,386,11 25.491 (1) (c) 3. The percentage change in the estimated amount of revenues received from the taxes imposed under ss. 77.52 and 77.53 for the previous fiscal year from the immediately preceding fiscal year, as specified for that fiscal year as outlined in the summary of estimated general fund taxes under the biennial budget act prepared by the legislative fiscal bureau, multiplied by the amount credited to the account under sub. (8) in the previous fiscal year.

SB45,474 Section 474. 25.491 (2) of the statutes is renumbered 25.491 (2) (a) and amended to read:

SB45,386,23 25.491 (2) (a) There is established in the local government fund a separate account that is designated the “county and municipal aid account” to make the payments under s. 79.036. In fiscal year 2024-25, the total amount of the payments made in the previous fiscal year under s. 79.035 shall be credited to this account. In fiscal year 2025-26, and in each fiscal year thereafter, an amount equal to the amount credited to this account in the previous fiscal year, excluding any amount credited to this account under par. (b), increased by the percentage change in the amount of revenues received from the taxes imposed under ss. 77.52 and 77.53 for the previous fiscal year from the immediately preceding fiscal year as determined under sub. (1), shall be credited to this account.

SB45,475 Section 475. 25.491 (2) (b) of the statutes is created to read:

SB45,387,4 25.491 (2) (b) In fiscal year 2025-26, the amount credited to the county and municipal aid account shall be the amount determined under par. (a), plus $1,000,000 for the additional amount to be distributed to the city of Green Bay under s. 79.036 (5).

SB45,476 Section 476. 25.491 (8) of the statutes is amended to read:

SB45,387,14 25.491 (8) There is established in the local government fund a separate account that is designated “municipal services” to make payments as determined under s. 70.119 (7). In fiscal year 2025-26, an amount equal to the total amount of the payments made in the previous fiscal year under s. 70.119 (7) shall be credited to this account. In fiscal year 2026-27, and in each fiscal year thereafter, an amount equal to the amount credited to this account in the previous fiscal year, increased by the percentage change in the amount of revenues received from the taxes imposed under ss. 77.52 and 77.53 for the previous fiscal year from the immediately preceding fiscal year as determined under sub. (1), shall be credited to this account.

SB45,477 Section 477. 25.491 (13) of the statutes is created to read:

SB45,387,19 25.491 (13) There is established in the local government fund a separate account that is designated the “local construction project grants account" to make the payments under s. 16.095 (6). All interest earnings of the local government fund shall be credited to this account.

SB45,478 Section 478. 25.491 (14) of the statutes is created to read:

SB45,388,2 25.491 (14) (a) No later than July 1, 2026, the department of revenue shall determine the amount that revenues from the taxes imposed under ss. 77.52 and 77.53 decreased in fiscal year 2025-26 due to the exemption under s. 77.54 (14) (g) and the exemption under s. 77.54 (30) (a) 2. for electricity and natural gas sold during the months of May, June, July, August, September, and October for residential use.

SB45,388,11 (b) 1. Notwithstanding subs. (1) (c) 2., (2), (8), and (9) (a) and (b), the department of revenue shall add the amount determined under par. (a) to the amount of revenues received from the taxes imposed under ss. 77.52 and 77.53 for fiscal year 2025-26, as specified for that fiscal year as outlined in the summary of estimated general fund taxes under the biennial budget act prepared by the legislative fiscal bureau, and that amount shall be used to determine the percentage change in the amount of revenues received from the taxes imposed under ss. 77.52 and 77.53 for fiscal year 2025-26 from fiscal year 2024-25 for purposes of subs. (1) (c) 2., (2), (8), and (9) (a) and (b).

SB45,388,15 2. a. Notwithstanding sub. (2), in fiscal year 2026-27, an amount equal to the amount credited to the county and municipal aid account under sub. (2) in fiscal year 2025-26, increased by the percentage change determined under subd. 1., shall be credited to the county and municipal aid account under sub. (2).

SB45,388,19 b. Notwithstanding sub. (8), in fiscal year 2026-27, an amount equal to the amount credited to the municipal services account under sub. (8) in fiscal year 2025-26, increased by the percentage change determined under subd. 1., shall be credited to the municipal services account under sub. (8).

SB45,388,24 c. Notwithstanding sub. (9) (a), in fiscal year 2026-27, an amount equal to the amount credited to the supplemental county and municipal aid account under sub. (9) (a) in fiscal year 2025-26, increased by the percentage change determined under subd. 1., shall be credited to the supplemental county and municipal aid account under sub. (9) (a).