Amendment SA6-SSA2-SB45

SB45-SSA2-SA6,18,9 23.0917 (7) (e) 3. Subdivision 1. does not apply beginning with fiscal year 2026-27.

SB45-SSA2-SA6,66 Section 66. 23.0917 (8) (f) 2. of the statutes is amended to read:

SB45-SSA2-SA6,18,14 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-SSA2-SA6,67 Section 67. 23.0917 (12) of the statutes is amended to read:

SB45-SSA2-SA6,18,17 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-SSA2-SA6,68 Section 68. 23.0952 of the statutes is created to read:

SB45-SSA2-SA6,18,19 23.0952 Motorized recreation grants. (1) In this section:

SB45-SSA2-SA6,18,20 (a) “All-terrain vehicle trail” has the meaning given in s. 23.33 (1) (d).

SB45-SSA2-SA6,18,21 (b) “Land” means land in fee simple or an easement.

SB45-SSA2-SA6,18,22 (c) “Off-highway motorcycle trail” has the meaning given in s. 23.335 (1) (v).

SB45-SSA2-SA6,19,2 (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-SSA2-SA6,19,3 (e) “Snowmobile trail” has the meaning given in s. 350.01 (17).

SB45-SSA2-SA6,19,7 (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-SSA2-SA6,19,9 (a) To acquire land for the purpose of establishing an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail.

SB45-SSA2-SA6,19,11 (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-SSA2-SA6,19,18 (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-SSA2-SA6,19,22 (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-SSA2-SA6,69 Section 69. 23.096 (title) of the statutes is amended to read:

SB45-SSA2-SA6,20,2 23.096 (title) Grants Stewardship grants to nonprofit conservation organizations.

SB45-SSA2-SA6,70 Section 70. 23.096 (2m) (intro.) of the statutes is amended to read:

SB45-SSA2-SA6,20,8 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-SSA2-SA6,71 Section 71. 23.0961 of the statutes is created to read:

SB45-SSA2-SA6,20,12 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-SSA2-SA6,72 Section 72. 23.0966 of the statutes is created to read:

SB45-SSA2-SA6,20,18 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-SSA2-SA6,73 Section 73. 23.098 (2) of the statutes is amended to read:

SB45-SSA2-SA6,20,24 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-SSA2-SA6,74 Section 74. 23.098 (4) (b) of the statutes is amended to read:

SB45-SSA2-SA6,21,3 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-SSA2-SA6,75 Section 75. 23.1987 (1) of the statutes is amended to read:

SB45-SSA2-SA6,21,11 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-SSA2-SA6,76 Section 76. 23.1991 of the statutes is created to read:

SB45-SSA2-SA6,21,17 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-SSA2-SA6,21,19 (2) The department shall make loans under this section from the appropriation under s. 20.370 (9) (pq).

SB45-SSA2-SA6,21,22 (3) The department shall promulgate rules to administer this section, including rules establishing eligibility criteria and income limitations for loans under this section.

SB45-SSA2-SA6,77 Section 77. 23.1993 of the statutes is created to read:

SB45-SSA2-SA6,22,4 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-SSA2-SA6,22,6 (2) The department shall make loans under this section from the appropriation under s. 20.370 (9) (pq).

SB45-SSA2-SA6,22,9 (3) The department shall promulgate rules to administer this section, including rules establishing eligibility criteria and income limitations for loans under this section.

SB45-SSA2-SA6,78 Section 78. 23.33 (1) (nh) of the statutes is created to read:

SB45-SSA2-SA6,22,12 23.33 (1) (nh) “Utility terrain vehicle club” means a club consisting of individuals that promotes the recreational use of utility terrain vehicles.

SB45-SSA2-SA6,79 Section 79. 23.405 of the statutes is created to read:

SB45-SSA2-SA6,22,15 23.405 Report on environmental impacts to covered communities. (1) In this section:

SB45-SSA2-SA6,22,18 (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-SSA2-SA6,22,22 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-SSA2-SA6,22,23 2. At or above the 90th percentile for share of homes built before 1960.

SB45-SSA2-SA6,23,2 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-SSA2-SA6,23,5 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-SSA2-SA6,23,7 5. At or above the 90th percentile for mixture of particles in diesel exhaust in the air, measured as pounds per cubic foot.

SB45-SSA2-SA6,23,9 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-SSA2-SA6,23,12 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-SSA2-SA6,23,13 8. Occupied by a federally recognized American Indian tribe or band.

SB45-SSA2-SA6,23,17 (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-SSA2-SA6,23,19 (c) “Facility” means any facility, the operation of which requires a permit issued by the department under ch. 283, 285, 289, or 291.

SB45-SSA2-SA6,23,22 (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-SSA2-SA6,24,2 (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-SSA2-SA6,24,6 (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-SSA2-SA6,24,9 (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-SSA2-SA6,24,20 (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-SSA2-SA6,25,2 (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-SSA2-SA6,25,7 (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-SSA2-SA6,25,15 (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-SSA2-SA6,25,17 (7) The department may promulgate any rules necessary to administer this section.

SB45-SSA2-SA6,80 Section 80. 25.29 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA6,25,21 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-SSA2-SA6,81 Section 81. 25.43 (2s) of the statutes is repealed and recreated to read:

SB45-SSA2-SA6,26,2 25.43 (2s) The secretary of administration and the secretary of natural resources shall ensure that any moneys required to be repaid to the environmental improvement fund as a result of a transfer under s. 25.43 (2s), 2023 stats., shall be paid from the environmental fund to the environmental improvement fund.

SB45-SSA2-SA6,82 Section 82. 27.01 (9) (bg) of the statutes is created to read:

SB45-SSA2-SA6,26,4 27.01 (9) (bg) Annual 4th grade pass. 1. In this paragraph:

SB45-SSA2-SA6,26,7 a. “Fourth grade pupil” means a child receiving a 4th grade level of instruction in a school or a home-based private educational program, as defined in s. 115.001 (3g).

SB45-SSA2-SA6,26,8 b. “Guardian” has the meaning given in s. 48.02 (8).

SB45-SSA2-SA6,26,9 c. “Parent” has the meaning given in s. 48.02 (13).

SB45-SSA2-SA6,26,16 2. The parent or guardian of a child may apply for an annual vehicle admission receipt fee waiver by submitting an application to the department. An application may not be submitted to a regional office of the department or to a person who is subject to an appointment or a contract as authorized under s. 29.024 (6) (a) 2. to 4. but must be submitted directly to the main office of the department. An application shall be submitted on a form provided by the department and shall include all of the following information:

SB45-SSA2-SA6,26,17 a. The child’s name.

SB45-SSA2-SA6,26,18 b. The child’s date of birth.

SB45-SSA2-SA6,26,21 c. The name of the school the child is or will be attending or a certification that the child is in a home-based private educational program, as defined in s. 115.001 (3g).

SB45-SSA2-SA6,27,3 d. A certification that the child is, was, or will be a 4th grade pupil on the first day of January of the calendar year for which the waiver is issued. This certification may be satisfied with dated report cards, dated and signed enrollment forms, a dated letter from the child’s school on official letterhead, or any other proof deemed acceptable by the department.

SB45-SSA2-SA6,27,6 3. Subject to subd. 4., the department shall provide to an individual whose application submitted under subd. 2. is approved an annual vehicle admission receipt fee waiver that is valid for the calendar year in which the waiver is issued.

SB45-SSA2-SA6,27,10 4. A parent or guardian may receive only one fee waiver under this paragraph in his or her lifetime. If a parent or guardian receives a fee waiver under this paragraph, the department may not issue a fee waiver under this paragraph for any other member of the parent’s or guardian’s household.

SB45-SSA2-SA6,27,14 5. The department shall waive the fee, including the issuing fee, imposed under sub. (7) for an annual vehicle admission receipt for a single vehicle, except a motor bus, that has Wisconsin registration plates and that is operated by a person who holds a valid fee waiver issued under this paragraph.

SB45-SSA2-SA6,83 Section 83. 27.01 (9) (bt) of the statutes is created to read:

SB45-SSA2-SA6,27,22 27.01 (9) (bt) Annual vehicle admission receipt fee waiver; tribes and bands. The department shall waive all fees imposed under sub. (7) for an annual vehicle admission receipt for any vehicle, except a motor bus, that has Wisconsin registration plates or a registration plate showing valid registration by a federally recognized American Indian tribe or band and that is owned by a person who produces evidence that he or she is a member of a federally recognized American Indian tribe or band located in this state.

SB45-SSA2-SA6,84 Section 84. 27.01 (10) (f) of the statutes is renumbered 27.01 (10) (f) 1.

SB45-SSA2-SA6,85 Section 85. 27.01 (10) (f) 2. of the statutes is created to read:

SB45-SSA2-SA6,28,5 27.01 (10) (f) 2. The department shall waive the camping fee, including any additional fee under par. (g) or sub. (11) (c), for a person who applies for a reservation under sub. (11) and who produces evidence that he or she is a member of a federally recognized American Indian tribe or band located in this state.

SB45-SSA2-SA6,86 Section 86. 27.01 (19) of the statutes is created to read:

SB45-SSA2-SA6,28,9 27.01 (19) Credit card handling fee. (a) In this subsection, “credit card handling fee” means the costs associated with collecting fees that are paid for by using a credit card.

SB45-SSA2-SA6,28,13 (b) In addition to any other fee imposed under this section, the department 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.

SB45-SSA2-SA6,28,15 (c) If the department collects a handling fee under par. (b), it shall promulgate rules establishing the amount of the fee.