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LRB-0248/2
MCP:wlj
2021 - 2022 LEGISLATURE
January 4, 2022 - Introduced by Representatives Drake, Subeck, Stubbs,
Anderson, Baldeh, Brostoff, Cabrera, Conley, Considine, Emerson, Hebl,
Hong, B. Meyers, Milroy, Neubauer, Ohnstad, Pope, S. Rodriguez, Shelton,
Sinicki, Snodgrass, Spreitzer and Vining, cosponsored by Senators L. Taylor,
Johnson, Roys, Erpenbach, Agard, Smith, Larson and Carpenter. Referred
to Committee on Forestry, Parks and Outdoor Recreation.
AB799,1,5 1An Act to renumber and amend 23.097 (1); to amend 23.097 (1g) and 23.097
2(1r); and to create 23.097 (1) (b) and 23.097 (1m) of the statutes; relating to:
3grants for planting trees to address urban heat islands, eligible recipients for
4urban forestry grants, providing an exemption from emergency rule
5procedures, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources administers an urban
forestry grants program to provide grants to municipalities and nonprofit
organizations to undertake various tree projects in urban areas.
This bill requires DNR, under the urban forestry grants program, to also award
grants of up to $100,000 to municipalities, Indian tribes, and nonprofit organizations
to plant trees to reduce the effects of urban heat islands. The bill defines an “urban
heat island” as an urban or metropolitan area that is significantly warmer than the
surrounding natural land cover. The bill increases funding for the urban forestry
grant program by $500,000 in the 2022-23 fiscal year from the conservation fund to
provide these new grants and allows DNR to promulgate emergency rules to
administer the grant program. The bill also clarifies that Indian tribes are also
eligible for the other types of grants under the existing program.

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:
AB799,1 1Section 1. 23.097 (1) of the statutes is renumbered 23.097 (1) (intro.) and
2amended to read:
AB799,2,33 23.097 (1) (intro.) In this section, a “nonprofit:
AB799,2,6 4(a) “Nonprofit organization" means an organization that is described in section
5501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
6under section 501 (a) of the Internal Revenue Code.
AB799,2 7Section 2. 23.097 (1) (b) of the statutes is created to read:
AB799,2,98 23.097 (1) (b) “Urban heat island” means an urban or metropolitan area that
9is significantly warmer than the surrounding natural land cover.
AB799,3 10Section 3 . 23.097 (1g) of the statutes is amended to read:
AB799,2,1611 23.097 (1g) The department shall award grants to counties, cities, villages,
12towns, and nonprofit organizations, and federally recognized Indian tribes or bands
13for up to 50 percent of the cost of tree management plans, tree inventories, brush
14residue projects, the development of tree management ordinances, tree disease
15evaluations, public education concerning trees in urban areas and other tree
16projects.
AB799,4 17Section 4. 23.097 (1m) of the statutes is created to read:
AB799,3,218 23.097 (1m) The department shall award grants to counties, cities, villages,
19towns, nonprofit organizations, and federally recognized Indian tribes or bands to
20cover the costs of planting, maintaining, and removing and replacing trees in urban
21and metropolitan areas to reduce the negative effects of urban heat islands. Grants

1under this subsection may not exceed $100,000 and may be made for the full amount
2of the costs of an eligible project.
AB799,5 3Section 5. 23.097 (1r) of the statutes is amended to read:
AB799,3,154 23.097 (1r) In addition to the grants awarded under sub. subs. (1g) and (1m),
5the department may award grants to counties, cities, village, towns, nonprofit
6organizations, and federally recognized Indian tribes or bands that apply for the
7grants for the costs of removing, saving, and replacing trees that have been damaged
8by catastrophic storm events in urban areas. To be eligible for a grant under this
9subsection, the damage must have occurred in an area for which the governor has
10designated a state of emergency due to a catastrophic storm event. The department
11shall notify each applicant for a grant under this subsection as to whether the
12application for the grant will be approved or denied within 60 days after the date the
13application is submitted to the department. A recipient of a grant awarded under
14this subsection is exempt from having to pay any percentage of the costs in order to
15receive the grant.
AB799,6 16Section 6. Nonstatutory provisions.
AB799,4,417 (1) Emergency rules. Using the procedure under s. 227.24, the department of
18natural resources may promulgate emergency rules to implement s. 23.097 (1m) for
19the period before the effective date of any permanent rules promulgated under s.
2023.097 (1m) but not to exceed the period authorized under s. 227.24 (1) (c), subject
21to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3),
22the department is not required to provide evidence that promulgating a rule under
23this subsection as an emergency rule is necessary for the preservation of the public
24peace, health, safety, or welfare and is not required to provide a finding of emergency
25for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d.,

1the department is not required to prepare a statement of scope of the rules
2promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g., the
3department is not required to present the rules promulgated under this subsection
4to the governor for approval.
AB799,7 5Section 7. Fiscal changes.
AB799,4,96 (1) In the schedule under s. 20.005 (3) for the appropriation to the department
7of natural resources under s. 20.370 (5) (az), the dollar amount for fiscal year
82022-23 is increased by $500,000 to provide grants under s. 23.097 (1m) relating to
9urban heat islands.
AB799,4,1010 (End)
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