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LRBs0162/1
MCP:cjs&skw
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 419
November 6, 2023 - Offered by Representative Oldenburg.
AB419-ASA1,1,2 1An Act to create 93.95 of the statutes; relating to: creating an online,
2interactive carbon calculator for farmers.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Agriculture, Trade and Consumer
Protection to develop and maintain, or contract with a nonprofit or certain
institutions of higher education to develop or maintain, an online, interactive carbon
calculator that can be used by farmers in this state to determine the carbon emissions
produced directly and indirectly from their agricultural activities. The bill requires
the calculator to be online no later than January 1, 2025. If DATCP contracts with
a third party to develop or maintain the calculator, the third party must ensure that
all input factor values, calculations, processes, and formulas used in the calculator
are transparent and easily accessible by the calculator's users and by DATCP.
Under the bill, information submitted by a user of the carbon calculator, and a
user's calculated carbon emissions, must be kept confidential and are not subject to
open records requests. In addition, the bill prohibits DATCP, county conservation
committees, and any other governmental unit from using any of the information
provided to the calculator and users' calculated carbon emissions for any purpose if

that information is capable of identifying the farmer or the exact location of the land
associated with that information.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB419-ASA1,1 1Section 1 . 93.95 of the statutes is created to read:
AB419-ASA1,2,9 293.95 Online carbon calculator for farmers. (1) The department shall
3develop and maintain an online, interactive carbon calculator that may be used by
4farmers in this state to determine the carbon emissions produced directly and
5indirectly from their agricultural activities. The calculator shall allow users to input
6different factors including, at a minimum, soil type, soil history, tillage systems,
7crops planted, fertilizer and pesticide use, harvest and storage systems, types of
8livestock, use and distribution of manure, product delivery systems, conservation
9measures in place, and types of vehicles used.
AB419-ASA1,2,14 10(2) The department may contract with a 3rd party that is a nonprofit entity or
11an institution of higher education, as defined in s. 39.395 (1), to implement this
12section. Any such contract shall require the 3rd party to ensure that all input factor
13values, calculations, processes, and formulas used in the calculator are transparent
14and easily accessible by the calculator's users and by the department.
AB419-ASA1,3,2 15(3) The department and any contracted 3rd party shall keep confidential all
16information provided by users and users' calculated carbon emissions. Information
17provided by a user and a user's calculated carbon emissions are not subject to the
18right of public inspection and copying under s. 19.35 (1). No governmental unit of
19this state, including the department and any county conservation committee, may
20use any of the information provided to the calculator or a user's calculated carbon

1emissions for any purpose if that information is capable of identifying the farmer or
2the exact location of the land associated with that information.
AB419-ASA1,2 3Section 2. Nonstatutory provisions.
AB419-ASA1,3,64 (1) Deadline. The department of agriculture, trade and consumer protection
5shall complete and make available online the carbon calculator required under s.
693.95 no later than January 1, 2025.
AB419-ASA1,3,147 (2) Funding request. The department of agriculture, trade and consumer
8protection shall submit to the joint committee on finance for consideration under s.
913.10 a request for funding from the environmental fund for developing and
10maintaining the carbon calculator required under s. 93.95 or for costs associated
11with contracting with a 3rd party to develop and maintain the carbon calculator
12under s. 93.95. If the department contracts with a 3rd party under s. 93.95, the
13department may not submit a request for funding under this subsection until the
14request-for-proposals period is closed.
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