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ZDW:ahe&wlj
2019 - 2020 LEGISLATURE
January 24, 2020 - Introduced by Representatives Shankland, Krug, Felzkowski,
Pope, Hebl, Kitchens, Kurtz, Novak, Summerfield, Anderson, Ballweg,
Billings, Cabrera, Considine, Dittrich, Doyle, Edming, Emerson,
Gruszynski, Horlacher, Kolste, Kulp, Loudenbeck, B. Meyers, Milroy,
Mursau, Neubauer, Nygren, Ohnstad, Sinicki, Skowronski, Spreitzer,
Stubbs, Subeck, Swearingen, C. Taylor, Thiesfeldt, Tranel, Tusler,
VanderMeer, Vruwink, Zamarripa, Zimmerman and Spiros, cosponsored by
Senators Testin, Olsen and Feyen. Referred to Committee on Rural
Development.
AB789,1,5 1An Act to repeal 281.75 (2) (e), 281.75 (9) (a), 281.75 (11) (a) 8. and 281.75 (11)
2(ae); to renumber and amend 281.75 (5) (f) and 281.75 (9) (b); to amend
3281.75 (7) (c) 7. and 281.75 (11m); and to create 20.370 (6) (cb), 281.75 (5) (f)
42., 281.75 (7) (d) and 281.75 (9) (am), (bm), (c) and (d) of the statutes; relating
5to:
the well compensation grant program and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes changes to the well compensation grant program administered
by the Department of Natural Resources.
Under the program currently, an individual owner or renter of a contaminated
private well, subject to eligibility requirements, may apply for a grant from DNR to
cover a portion of the costs to treat the water, reconstruct the well, construct a new
well, connect to a public water supply, or fill and seal the well.
Under current law, a well that is contaminated only by nitrates is eligible for
a grant only if the well is a water supply for livestock, is used at least three months
in each year, and contains nitrates in excess of 40 parts per million. The bill
eliminates these restrictions, making wells contaminated only by nitrates eligible for
the program more generally.
Current law requires DNR to allocate money for payments of claims under the
program according to order in which claims are received. The bill retains this
requirement but provides that, among claims for contamination only by nitrates,
DNR must allocate payments according to a specified priority ranking.

The bill also requires DNR to award grants for the remediation method that is
most effective for the health and welfare of the claimant. In addition, the bill provides
that, of the amounts appropriated to DNR for the program, at least $200,000 must
be allocated for claims of water containing nitrates at 10 to 25 parts per million
unless DNR determines there are insufficient claims at that level to expend those
moneys.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB789,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB789,2 3Section 2 . 20.370 (6) (cb) of the statutes is created to read:
AB789,2,104 20.370 (6) (cb) Environmental aids — compensation for well contamination
5and abandonment; state funds.
As a continuing appropriation, the amounts in the
6schedule to pay compensation under s. 281.75. Of the amounts in the schedule for
7each fiscal year, not less than $200,000 shall be allocated for claims of water
8containing nitrates at 10 to 25 parts per million under s. 281.75 (9) (d) unless the
9department determines there are insufficient claims at that level to expend those
10moneys.
AB789,3 11Section 3 . 281.75 (2) (e) of the statutes is repealed.
AB789,4
1Section 4. 281.75 (5) (f) of the statutes is renumbered 281.75 (5) (f) 1. and
2amended to read:
AB789,3,83 281.75 (5) (f) 1. The Subject to subd. 2., the department shall allocate money
4for the payment of claims according to the order in which completed claims are
5received. The department may conditionally approve a completed claim even if the
6appropriation under s. 20.370 (6) (cb) or (cr) is insufficient to pay the claim. The
7department shall allocate money for the payment of a claim which is conditionally
8approved as soon as funds become available.
AB789,5 9Section 5 . 281.75 (5) (f) 2. of the statutes is created to read:
AB789,3,1610 281.75 (5) (f) 2. For claims of contamination by nitrates and not by any other
11substance, the department shall allocate money for the payment of those collective
12claims as provided under subd. 1. but shall allocate money for the payment of
13individual claims according to the priority order established under sub. (9). The
14department shall determine the method for allocating money for the payment of
15those claims in the manner that most effectively accomplishes the requirements of
16this paragraph and sub. (9).
AB789,6 17Section 6 . 281.75 (7) (c) 7. of the statutes is amended to read:
AB789,3,2118 281.75 (7) (c) 7. If the claim is based on a contaminated water supply that is
19eligible under sub. (11) (ae)
contaminated by bacteria, the cost of properly
20abandoning any improperly abandoned private water supply located on the property
21owned or leased by the claimant.
AB789,7 22Section 7. 281.75 (7) (d) of the statutes is created to read:
AB789,3,2523 281.75 (7) (d) The department may issue an award only for the eligible cost
24under this subsection that the department determines is the remediation method
25that is most effective for the health and welfare of the claimant.
AB789,8
1Section 8. 281.75 (9) (a) of the statutes is repealed.
AB789,9 2Section 9 . 281.75 (9) (am), (bm), (c) and (d) of the statutes are created to read:
AB789,4,43 281.75 (9) (am) Water containing nitrates in excess of 40 parts per million
4expressed as nitrate-nitrogen.
AB789,4,65 (bm) Water containing nitrates in excess of 30 parts per million expressed as
6nitrate-nitrogen.
AB789,4,87 (c) Water containing nitrates in excess of 25 parts per million expressed as
8nitrate-nitrogen.
AB789,4,149 (d) Water containing nitrates at no fewer than 10 parts per million and not in
10excess of 25 parts per million expressed as nitrate-nitrogen. Notwithstanding sub.
11(11) (b) 2., for awards under this paragraph, the department shall emphasize the use
12of reverse osmosis or similar methods prior to well remediation methods if the
13department determines these methods are the most effective option for the health
14and welfare of the claimant.
AB789,10 15Section 10 . 281.75 (9) (b) of the statutes is renumbered 281.75 (9) (intro.) and
16amended to read:
AB789,4,2317 281.75 (9) Contamination standard; nitrates. (intro.) Notwithstanding the
18requirement of contamination under sub. (7), if a private water supply meets the
19criteria under par. (a) and the claim is
for claims based upon contamination by
20nitrates and not by any other substance, the department may make an award only
21if the private water supply produces water containing nitrates in excess of 40 parts
22per million expressed as nitrate-nitrogen.
shall make awards in the following order
23of priority:
AB789,11 24Section 11 . 281.75 (11) (a) 8. of the statutes is repealed.
AB789,12 25Section 12 . 281.75 (11) (ae) of the statutes is repealed.
AB789,13
1Section 13. 281.75 (11m) of the statutes is amended to read:
AB789,5,72 281.75 (11m) Abandonment of certain private water supplies. If the
3department determines that there is an improperly abandoned private water supply
4located on property owned or leased by a claimant with a contaminated private water
5supply that is eligible under sub. (11) (ae) contaminated by bacteria, the department
6may issue an award only if the claimant properly abandons the improperly
7abandoned private water supply.
AB789,14 8Section 14 . Nonstatutory provisions.
AB789,5,129 (1) Position authorization. The authorized FTE positions for the department
10of natural resources, funded from the appropriation under s. 20.370 (6) (cb), are
11increased by 1.0 GPR position for the purpose of creating a well compensation grant
12program administrator position within the department of natural resources.
AB789,5,1313 (End)
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