AB315: Bill Text

The bill creates a new major land acquisitions program, under which the bill authorizes DNR to use or obligate moneys to acquire land for the state for conservation purposes or to award grants to NCOs or local governments to acquire land for those purposes if two conditions are met: 1) the project or grant exceeds $1,000,000; and 2) the project or grant is enumerated through legislation. To request enumeration of such projects, the bill requires DNR annually to, no later than January 15, submit to the joint committee on finance and to the appropriate legislative standing committees a list of all proposed major land acquisitions for the subsequent fiscal biennium, including estimated purchase prices, requested state funding sources, and nonstate sources of funding, such as federal grants or donations. The bill authorizes DNR to submit a list of proposed major land acquisitions not listed under the prior proposed list at any time during a fiscal biennium. Under the bill, the legislature may enumerate projects from either list through legislation.

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:

AB315,1 Section 1. 23.09 (19) (d) of the statutes is amended to read:

AB315,2,6 23.09 (19) (d) Except as provided in par. (dm) and s. 23.096 (2m), grants under this subsection shall be for up to 50 percent of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs and no more than 30 percent of that remainder may be paid from funding provided by grants or in-kind contributions.

AB315,2 Section 2. 23.09 (19) (dm) of the statutes is created to read:

AB315,2,12 23.09 (19) (dm) If a governmental unit applies for a grant under this subsection after closing on the acquisition of the land or rights in land in question, the grant under this subsection shall be for no more than 40 percent of those acquisition costs, and no more than 30 percent of the remainder of those acquisition costs may be paid from funding provided by grants or in-kind contributions.

AB315,3 Section 3. 23.09 (20) (b) of the statutes is amended to read:

AB315,3,9 23.09 (20) (b) Except as provided in par. (bm) and s. 23.096 (2m), state aid under this subsection is limited to no more than 50 percent of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. If a recipient of state aid under this subsection is a governmental unit, no more than 30 percent of the remainder of those costs may be paid from funding provided by grants or in-kind contributions. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.

AB315,4 Section 4. 23.09 (20) (bm) of the statutes is created to read:

AB315,3,15 23.09 (20) (bm) If a governmental unit applies for state aid under this subsection after closing on the acquisition of the land or rights in land in question, the state aid under this subsection is limited to no more than 40 percent of those acquisition costs and no more than 30 percent of the remainder of those costs may be paid from funding provided by grants or in-kind contributions.

AB315,5 Section 5. 23.09 (20m) (b) of the statutes is amended to read:

AB315,3,24 23.09 (20m) (b) The department shall establish a program to award grants from the appropriation under s. 20.370 (5) (hu) or 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. Except as provided in par. (c) and s. 23.096 (2m), the grants shall be limited to no more than 50 percent of the acquisition costs of the development rights, and no more than 30 percent of the remainder of those acquisition costs may be paid from funding provided by grants or in-kind contributions.

AB315,6 Section 6. 23.09 (20m) (c) of the statutes is created to read:

AB315,4,6 23.09 (20m) (c) If a governmental unit applies for a grant under this subsection after closing on the acquisition of the development rights in question, the grant under this subsection is limited to no more than 40 percent of those acquisition costs, and no more than 30 percent of the remainder of those acquisition costs may be paid from funding provided by grants or in-kind contributions.

AB315,7 Section 7. 23.0915 (2p) of the statutes is amended to read:

AB315,4,13 23.0915 (2p) Upper Whiting Park. From the appropriation under s. 20.866 (2) (tz), the department shall provide to the village of Whiting $38,000 in fiscal year 1999-2000 for the development of Upper Whiting Park. Notwithstanding s. 23.09 (20) (b), the 50 percent matching requirement under s. 23.09 (20) (b) does not apply to the state aid provided under this subsection. For purposes of sub. (1), moneys provided under this subsection shall be treated as moneys for local park aids.

AB315,8 Section 8. 23.0917 (1) (e) of the statutes is amended to read:

AB315,4,18 23.0917 (1) (e) “Obligate” means to encumber or otherwise commit public debt that the state is authorized to contract or to expend public debt that the state is authorized to contract without having previously encumbered or otherwise committed that public debt.

AB315,9 Section 9. 23.0917 (3) (a) of the statutes is amended to read:

AB315,4,24 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2025-26 2029-30, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).

AB315,10 Section 10. 23.0917 (3) (br) 3. of the statutes is created to read:

AB315,5,3 23.0917 (3) (br) 3. For each fiscal year beginning with 2026-27 and ending with 2029-30, $2,000,000.

AB315,11 Section 11. 23.0917 (3) (bt) 3. of the statutes is amended to read:

AB315,5,8 23.0917 (3) (bt) 3. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $1,000,000 plus the amount transferred to the capital improvement fund under s. 20.370 (5) (hq), 2023 stats., in that fiscal year. In this subdivision, “obligate” has the meaning given in s. 23.0917 (1) (e), 2023 stats.

AB315,12 Section 12. 23.0917 (3) (bu) of the statutes is created to read:

AB315,5,13 23.0917 (3) (bu) During the period beginning with fiscal year 2026-27 and ending with fiscal year 2029-30, in obligating moneys under the subprogram for land acquisition, the department shall set aside $1,000,000 in each fiscal year to be obligated only for the department to acquire land.

AB315,13 Section 13. 23.0917 (3) (bw) 2. of the statutes is amended to read:

AB315,5,20 23.0917 (3) (bw) 2. In obligating moneys under the subprogram for land acquisition, for each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department shall set aside the amount transferred to the capital improvement fund under s. 20.370 (5) (hr), 2023 stats., in that fiscal year to be obligated only to provide grants to counties under s. 23.0953. In this subdivision, “obligate” has the meaning given in s. 23.0917 (1) (e), 2023 stats.

AB315,14 Section 14. 23.0917 (3) (dm) 9. of the statutes is created to read:

AB315,5,23 23.0917 (3) (dm) 9. For each fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2029-30, $3,000,000.

AB315,15 Section 15. 23.0917 (4) (a) of the statutes is amended to read:

AB315,6,5 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2025-26 2029-30, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

AB315,16 Section 16. 23.0917 (4) (d) 1m. g. of the statutes is created to read:

AB315,6,8 23.0917 (4) (d) 1m. g. For each fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2029-30, $7,250,000.

AB315,17 Section 17. 23.0917 (4) (d) 2m. c. of the statutes is created to read:

AB315,6,12 23.0917 (4) (d) 2m. c. Beginning with fiscal year 2026-27 and ending with fiscal year 2029-30, the department shall obligate $7,250,000 in each fiscal year for local assistance.

AB315,18 Section 18. 23.0917 (4) (e) (intro.) of the statutes is amended to read:

AB315,6,16 23.0917 (4) (e) (intro.) Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26 2029-30, of the amounts obligated for property development, the department shall set aside the following amounts for the following purposes:

AB315,19 Section 19. 23.0917 (4j) (b) of the statutes is amended to read:

AB315,7,2 23.0917 (4j) (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2021-22, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26 2029-30, the department cannot obligate more than $3,000,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92.

AB315,20 Section 20. 23.0917 (5g) (a) of the statutes is amended to read:

AB315,7,10 23.0917 (5g) (a) Except as provided in pars. (b) to (j), if for a given fiscal year, the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2025-26 2029-30.

AB315,21 Section 21. 23.0917 (5g) (b) of the statutes is amended to read:

AB315,8,2 23.0917 (5g) (b) If in a given fiscal year beginning with fiscal year 2013-14 and ending with fiscal year 2025-26 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant under s. 23.0953 to a county for the acquisition of land for a county forest under s. 28.11. If in a given fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2029-30 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for local assistance programs described under sub. (4) (b).

AB315,22 Section 22. 23.0917 (5g) (L) of the statutes is amended to read:

AB315,8,7 23.0917 (5g) (L) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2021-22 and 2022-23 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta).

AB315,8,11 2. The Of the unobligated amount, the department shall obligate. This includes $2,500,000 for projects at the Les Voigt State Fish Hatchery and the Brule State Fish Hatchery, including drilling new wells, facility maintenance, upgrades and renovations, and construction of new buildings.

AB315,23 Section 23. 23.0917 (8) (e) of the statutes is amended to read:

AB315,8,16 23.0917 (8) (e) Beginning with fiscal year 2007-08 and ending with fiscal year 2025-26, the department may not obligate from the appropriation under s. 20.866 (2) (ta) more than 20 percent of the available bonding authority in a fiscal year for the acquisition of parcels of lands that are less than 10 acres in size.

AB315,24 Section 24. 23.0917 (8) (f) 2. of the statutes is amended to read:

AB315,8,21 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.

AB315,25 Section 25. 23.0917 (8) (h) of the statutes is created to read:

AB315,9,3 23.0917 (8) (h) Beginning with fiscal year 2026-27, the department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for a department land acquisition project that exceeds $1,000,000.

AB315,26 Section 26. 23.0917 (8) (i) of the statutes is created to read:

AB315,9,7 23.0917 (8) (i) In obligating amounts from the moneys appropriated under s. 20.866 (2) (ta) for any subprogram, the department shall prioritize projects that involve property development over projects that involve land acquisition.

AB315,27 Section 27. 23.0917 (12) of the statutes is amended to read:

AB315,9,10 23.0917 (12) Expenditures after 2026 2030. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2026 2030.

AB315,28 Section 28. 23.09175 of the statutes is created to read:

AB315,9,13 23.09175 Major land acquisitions program. (1) Definitions. In this section:

AB315,9,15 (a) “Land” means land in fee simple, conservation easements and other easements in land, and development rights in land.

AB315,9,16 (b) “Obligate” has the meaning given in s. 23.0917 (1) (e).

AB315,9,22 (2) Major land acquisitions. Beginning in fiscal year 2026-27, the department may use moneys from the appropriation under s. 20.370 (7) (fd) and may obligate moneys from the appropriation under s. 20.866 (2) (tj) to acquire land for the purposes specified in s. 23.09 (2) (d) and to award grants for land acquisition for the purposes specified in s. 23.09 (2) (d) under s. 23.09 (19), (20), or (20m), 23.096, or 30.277 if all of the following requirements are met:

AB315,9,23 (a) The land acquisition project or grant exceeds $1,000,000.

AB315,10,2 (b) The land acquisition project or grant is enumerated through legislation as provided under sub. (3).

AB315,10,8 (3) Enumeration of projects. (a) Annually, no later than January 15, the department shall submit to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) a list of all proposed major land acquisitions under this section for the subsequent fiscal biennium, including estimated purchase prices, requested state funding sources, and nonstate sources of funding, such as federal grants or donations.

AB315,10,14 (b) At any time during a fiscal biennium, the department may submit to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) a list of proposed major land acquisitions that were not listed under par. (a), including estimated purchase prices, requested state funding sources, and nonstate sources of funding, such as federal grants or donations.

AB315,10,16 (c) The legislature may enumerate projects from a list under par. (a) or (b) through legislation.

AB315,29 Section 29. 23.0953 (2) (a) (intro.) of the statutes is amended to read:

AB315,10,20 23.0953 (2) (a) (intro.) Beginning with fiscal year 2010-11 and ending with fiscal year 2025-26 2029-30, the department shall establish a grant program under which the department may award a grant to a county for any of the following:

AB315,30 Section 30. 23.096 (2) (a) of the statutes is renumbered 23.096 (2) (a) (intro.) and amended to read:

AB315,11,2 23.096 (2) (a) (intro.) The department may award grants from the appropriation under s. 20.370 (5) (ht) or 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to do all of the following, in the following order of priority:

AB315,11,5 2. To acquire property for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19), (20) and (20m), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293, 30.24, and 30.277.

AB315,31 Section 31. 23.096 (2) (a) 1. of the statutes is created to read:

AB315,11,8 23.096 (2) (a) 1. To develop, manage, preserve, restore, and maintain wildlife habitat on public lands to benefit game species and other wildlife.

AB315,32 Section 32. 23.096 (2m) (intro.) of the statutes is amended to read:

AB315,11,14 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 2029-30, 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:

AB315,33 Section 33. 30.277 (5) of the statutes is renumbered 30.277 (5) (a) and amended to read:

AB315,12,2 30.277 (5) (a) Except as provided in par. (b) and s. 23.096 (2m), to be eligible for a grant under this section, at least 50 percent of the acquisition costs for land or of the project costs shall be funded by private, local, or federal funding, by in-kind contributions, or by state funding. If a grant recipient under this section is a governmental unit, no more than 30 percent of the matching amount may be funded from grants or in-kind contributions. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under s. 20.370, or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty), or (tz).

AB315,34 Section 34. 30.277 (5) (b) of the statutes is created to read:

AB315,12,8 30.277 (5) (b) If a governmental unit applies for a grant under this section after closing on the acquisition of the land in question, the state aid under this subsection is limited to no more than 40 percent of those acquisition costs, and no more than 30 percent of the remainder of those acquisition costs may be paid from funding provided by grants or in-kind contributions.

AB315,35 Section 35. Nonstatutory provisions.

AB315,12,11 (1) If LRB-3507/1 is not enacted in the 2025-26 legislative session, then this act is void.

AB315,36 Section 36. Effective date.

AB315,12,14 (1) This act takes effect on the day after publication, or on the 2nd day after publication of the 2025 biennial budget act, whichever is later.

AB315,12,15 (end)