AB43: Bill Text

AB43,,4460 93.48 (1) The department may award grants from the appropriation under s. 20.115 (4) (am) (f) to individuals or organizations to fund projects that are designed to increase the sale of agricultural products grown in this state that are purchased in close proximity to where they are produced. The department may not award a grant under this section unless the applicant contributes matching funds equal to at least 50 percent of the costs of the project. The department shall promulgate rules for the program under this section.

AB43,1721 Section 1721. 93.485 of the statutes is created to read:

AB43,,4462 93.485 Tribal elder community food box program. From the appropriation under s. 20.115 (4) (k), the department shall provide grants to one or more nonprofit entities for the purpose of purchasing and distributing food to tribal elders and for the purpose of supporting the growth and operations of food producers participating in the program under this section. A nonprofit entity that receives a grant under this section shall give preference to purchasing food from, and supporting the growth and operations of, indigenous-based food producers and local food producers. The department may promulgate rules to administer this section.

AB43,1722 Section 1722. 93.525 of the statutes is created to read:

AB43,,4464 93.525 Meat processing tuition and curriculum development grants. (1) From the appropriation under s. 20.115 (3) (f), the department shall provide grants to universities, colleges, and technical colleges located in this state that have programs in meat processing to reimburse tuition costs of students enrolled in a meat processing program and for curriculum development for the meat processing program.

AB43,,4465 (2) Each tuition reimbursement made with a grant received under this section shall reimburse a student for not more than 80 percent of the first $9,375 of the tuition cost for enrolling in a meat processing program.

AB43,1723 Section 1723. 93.53 of the statutes is created to read:

AB43,,4467 93.53 Food waste reduction grants. (1) The department shall provide grants for food waste reduction pilot projects that have an objective of preventing food waste, redirecting surplus food to hunger relief organizations, and composting food waste. In awarding grants under this section, the department shall give preference to proposals that serve census tracts for which the median household income is below the statewide median household income and in which no grocery store is located.

AB43,,4468 (2) The department shall promulgate rules for the administration of this section.

AB43,1724 Section 1724. 93.60 of the statutes is created to read:

AB43,,4470 93.60 Food security and Wisconsin products grant program. The department may award grants from the appropriation under s. 20.115 (4) (f) to nonprofit food banks, nonprofit food pantries, and other nonprofit organizations that provide food assistance for the purpose of purchasing food products that are made or grown in this state.

AB43,1725 Section 1725. 93.62 of the statutes is created to read:

AB43,,4472 93.62 Farm to fork program. (1) Definition. In this section, “farm to fork program” means a program to connect entities that are not school districts and that have cafeterias to nearby farms to provide locally produced fresh fruits and vegetables, dairy products, and other nutritious, locally produced foods in meals and snacks; to help the public develop healthy eating habits; to provide nutritional and agricultural education; and to improve farmers’ incomes and direct access to markets.

AB43,,4473 (2) Grants. (a) The department may award grants from the appropriation under s. 20.115 (4) (f) to businesses, universities, hospitals, and other entities that are not school districts and that have cafeterias for the creation and expansion of farm to fork programs. The department shall give preference to proposals that are innovative or that provide models that other entities can adopt.

AB43,,4474 (b) In awarding grants under this section, the department shall promote agricultural development and farm profitability by supporting the development and adoption of practices and agribusiness opportunities that involve the production of value-added agricultural products, as defined under s. 93.65 (1).

AB43,,4475 (c) The department may award grants under this subsection for projects that do any of the following:

AB43,,4476 1. Create, expand, diversify, or promote production, processing, marketing, and distribution of food produced in this state for sale to entities in this state other than school districts.

AB43,,4477 2. Create, expand, or renovate facilities, including purchases of equipment for the facilities, that would ensure the use of food produced in this state in locations in this state other than schools.

AB43,,4478 3. Provide, expand, or promote training for food service personnel, farmers, and distributors.

AB43,,4479 4. Provide, expand, or promote nutritional and agricultural education.

AB43,,4480 (d) The department shall consult with interested persons to establish grant priorities for each fiscal year.

AB43,,4481 (3) Reports. At least annually, the department shall report to the legislature under s. 13.172 (2) and to the secretary on the needs and opportunities for farm to fork programs.

AB43,,4482 (4) Rules. The department may promulgate rules to administer this section.

AB43,1726 Section 1726. 93.65 of the statutes is created to read:

AB43,,4484 93.65 Value-added agricultural practices. (1) Definition. In this section, “value-added agricultural product” means a farm product that satisfies any of the following:

AB43,,4485 (a) The product has undergone a change in physical state.

AB43,,4486 (b) The product is produced in a manner that enhances its value.

AB43,,4487 (c) The product is physically segregated in a manner that enhances its value.

AB43,,4488 (d) The product is a source of farm-based or ranch-based renewable energy.

AB43,,4489 (e) The product is aggregated and marketed as a locally produced farm product.

AB43,,4490 (2) Value-added products. The department may provide education and technical assistance related to promoting and implementing agricultural practices that produce value-added agricultural products, including by doing all of the following:

AB43,,4491 (a) Assistance for organic farming practices. Providing education and technical assistance related to organic farming practices, including business and market development assistance; collaborating with organic producers, industry participants, and local organizations that coordinate organic farming; and stimulating interest and investment in organic production. The department may award grants from the appropriation under s. 20.115 (4) (f) to organic producers, industry participants, and local organizations that coordinate organic farming. The department may award a grant to an organic producer, industry participant, or local organization under this paragraph for any of the following purposes:

AB43,,4492 1. Providing education and technical assistance related to implementing organic farming practices.

AB43,,4493 2. Helping to create organic farming plans.

AB43,,4494 3. Assisting farmers to transition to organic farming.

AB43,,4495 (b) Grazing grants. Awarding grants from the appropriation under s. 20.115 (4) (f) to appropriate entities to provide education and training to farmers about best practices related to grazing.

AB43,,4496 (c) Promotion. Helping producers market value-added agricultural products, including products produced through the use of a practice described in s. 93.67.

AB43,,4497 (3) Rules. The department may promulgate rules to administer this section.

AB43,1727 Section 1727. 93.66 of the statutes is created to read:

AB43,,4499 93.66 Grants for hiring farm business consultants. The department may award grants from the appropriation under s. 20.115 (4) (f) to county agriculture agents of the University of Wisconsin-Extension to help farm operators hire business consultants and attorneys to examine their farm business plans and create a farm succession plan. The department may promulgate rules to administer this section.

AB43,1728 Section 1728. 93.74 of the statutes is created to read:

AB43,,4501 93.74 Planning grants for regional biodigesters. (1) Grant program. From the appropriation under s. 20.115 (7) (u), the department shall provide planning grants for establishing regional biodigesters.

AB43,,4502 (2) Rules. The department shall promulgate rules for the administration of this section.

AB43,1729 Section 1729. 93.75 of the statutes is created to read:

AB43,,4504 93.75 Biodigester operator certification grants. (1) Grants. From the appropriation under s. 20.115 (7) (da), the department shall award grants to individuals seeking biodigester operator certification.

AB43,,4505 (2) Rules. The department may promulgate rules establishing the application process and grant-awarding criteria for the biodigester operator certification grants.

AB43,1730 Section 1730. 94.55 (2t) of the statutes is repealed.

AB43,1731 Section 1731. 94.56 of the statutes is created to read:

AB43,,4508 94.56 Marijuana producers and processors. (1) Definitions. In this section:

AB43,,4509 (a) “Labor peace agreement” means an agreement between a person applying for a permit under this section and a labor organization, as defined in s. 5.02 (8m), that does all of the following:

AB43,,4510 1. Prohibits labor organizations and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with persons doing business in this state.

AB43,,4511 2. Prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant’s employees.

AB43,,4512 3. Provides the labor organization access at reasonable times to areas in which the applicant’s employees work for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

AB43,,4513 (b) “Marijuana” has the meaning given in s. 961.70 (2).

AB43,,4514 (c) “Marijuana processor” has the meaning given in s. 139.97 (6).

AB43,,4515 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).

AB43,,4516 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB43,,4517 (f) “Permittee” means a marijuana producer or marijuana processor who is issued a permit under this section.

AB43,,4518 (2) Permit required. (a) No person may operate in this state as a marijuana producer or marijuana processor without a permit from the department. A person who acts as a marijuana producer and a marijuana processor shall obtain a separate permit for each activity. A permit issued under this section is not transferable from one person to another or from one premises to another. A separate permit is required for each place in this state where the operations of a marijuana producer or marijuana processor occur. A person is not required to obtain a permit under this section if the person produces or processes only industrial hemp and holds a valid license under s. 94.55.

AB43,,4519 (b) This subsection applies to all officers, directors, agents, and stockholders holding 5 percent or more of the stock of any corporation applying for a permit under this section.

AB43,,4520 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may not be granted to any person to whom any of the following applies:

AB43,,4521 1. The person has been convicted of a violent misdemeanor, as defined in s. 941.29 (1g) (b), at least 3 times.

AB43,,4522 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g) (a), unless pardoned.

AB43,,4523 3. During the preceding 3 years, the person has been committed under s. 51.20 for being drug dependent.

AB43,,4524 4. The person chronically and habitually uses alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed to chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

AB43,,4525 a. The person has been committed for involuntary treatment under s. 51.45 (13).

AB43,,4526 b. The person has been convicted of a violation of s. 941.20 (1) (b).

AB43,,4527 c. In 2 or more cases arising out of separate incidents, a court has found the person to have committed a violation of s. 346.63 or a local ordinance in conformity with that section; a violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63; or a violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction’s laws.

AB43,,4528 5. The person has income that comes principally from gambling or has been convicted of 2 or more gambling offenses.

AB43,,4529 6. The person has been convicted of crimes relating to prostitution.

AB43,,4530 7. The person has been convicted of crimes relating to loaning money or anything of value to persons holding licenses or permits pursuant to ch. 125.

AB43,,4531 8. The person is under the age of 21.

AB43,,4532 9. The person has not been a resident of this state continuously for at least 90 days prior to the application date.

AB43,,4533 (cm) An applicant with 20 or more employees may not receive a permit under this section unless the applicant certifies to the department that the applicant has entered into a labor peace agreement and will abide by the terms of the agreement as a condition of maintaining a valid permit under this section. The applicant shall submit to the department a copy of the page of the labor peace agreement that contains the signatures of the labor organization representative and the applicant.

****Note: This is reconciled s. 94.56 (2) (cm). This Section has been affected by drafts with the following LRB numbers: 23-1402/p2 and 23-0405/p2.

AB43,,4534 (cn) The department shall use a competitive scoring system to determine which applicants are eligible to receive a permit under this section. The department shall issue permits to the highest scoring applicants that it determines will best protect the environment; provide stable, family-supporting jobs to local residents; ensure worker and consumer safety; operate secure facilities; and uphold the laws of the jurisdictions in which they operate. The department may deny a permit to an applicant with a low score as determined under this paragraph. The department may request that the applicant provide any information or documentation that the department deems necessary for purposes of making a determination under this paragraph.

AB43,,4535 (d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the permit applicant intends to operate the premises of a marijuana producer or marijuana processor. No later than 30 days after the department submits the notice, the governing body of the municipality may file with the department a written objection to granting or renewing the permit. At the municipality’s request, the department may extend the period for filing objections.

AB43,,4536 2. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit or the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, the conduct of the applicant’s patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, and local zoning ordinances. In this subdivision, “chronic illegal activity” means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and that is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.

AB43,,4537 (e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.

AB43,,4538 (f) 1. The department’s denial of a permit under this section is subject to judicial review under ch. 227.

AB43,,4539 2. The department’s decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.

AB43,,4540 (g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).

AB43,,4541 (3) Fees; term. (a) Each person who applies for a permit under this section shall submit with the application a $250 fee. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to its expiration. A person is not entitled to a refund of the fees paid under this subsection if the person’s permit is denied, revoked, or suspended.

AB43,,4542 (b) A permittee shall annually pay to the department a fee for as long as the person holds a valid permit under this section. The annual fee for a marijuana processor permittee is $2,000. The annual fee for a marijuana producer permittee is one of the following, unless the department, by rule, establishes a higher amount:

AB43,,4543 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 marijuana plants, $1,800.

AB43,,4544 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but not more than 3,600 marijuana plants, $2,900.

AB43,,4545 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but not more than 6,000 marijuana plants, $3,600.

AB43,,4546 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but not more than 10,200 marijuana plants, $5,100.

AB43,,4547 5. If the permittee plants, grows, cultivates, or harvests more than 10,200 marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.