5. Under the bill, if a political subdivision establishes a setback requirement from public roads for livestock structures or waste storage structures, the setback requirement may not require that the structure be located more than 100 feet from public roads.

6. The bill also provides that a livestock structure or waste storage structure constructed after the bill takes effect may be located closer to a property line of another owner's property than a setback requirement established by DATCP's rules if the owner of the land on which the structure is located and the owner of land within the required setback distance enter into a written agreement and record the agreement with the county register of deeds.

7. The bill creates the Livestock Facility Technical Review Board attached to DATCP, consisting of the following members nominated by the secretary of agriculture, trade and consumer protection and confirmed by the senate for five-year terms: a) one member selected from names submitted by the Wisconsin Towns Association; b) one member selected from names submitted by the Wisconsin Counties Association; c) one member selected names submitted by the Land and Water Conservation Association; d) one member selected from names submitted by statewide, environmental-related organizations specified in the bill; and e) five members selected from names submitted by statewide, agriculture-related organizations specified in the bill. Under the bill, DATCP may promulgate rules specifying standards for siting and expanding livestock facilities only if at least two-thirds of the members of the Livestock Facility Technical Review Board recommends that DATCP promulgate the rules. This requirement does not apply to existing rules promulgated by DATCP that specify standards for siting and expanding livestock facilities. Current law requires DATCP to promulgate rules specifying standards for siting and expanding livestock facilities.

8. The bill specifies that rules promulgated by DATCP that establish setback requirements or odor and air emissions standards for waste storage structures do not apply to manure digesters or structures used to collect and store waste under a livestock housing facility.

9. The bill eliminates the requirement under current law that DATCP review every four years its rules specifying standards for siting and expanding livestock facilities.

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:

SB808,1 Section 1. 15.135 (2) of the statutes is created to read:

SB808,4,5 15.135 (2) Livestock facility technical review board. (a) There is created a livestock facility technical review board which is attached to the department of agriculture, trade and consumer protection under s. 15.03. The board consists of the following members:

SB808,4,7 1. A member selected from names submitted by the Wisconsin Towns Association.

SB808,4,9 2. A member selected from names submitted by the Wisconsin Counties Association.

SB808,4,11 3. A member selected from names submitted by the Land and Water Conservation Association.

SB808,4,14 4. A member selected from names submitted by Clean Wisconsin, Inc., Midwest Environmental Advocates, the Sierra Club, the Nature Conservancy, Wisconsin Environment, Inc., and other statewide, environmental-related organizations.

SB808,5,6 5. Five members selected from names submitted by the Wisconsin Farm Bureau Federation, the Wisconsin Farmer's Union, the Dairy Business Association, the Wisconsin Dairy Alliance, the Wisconsin Pork Producers, the Wisconsin Cattlemen's Association, and other statewide, agriculture-related organizations. At least 3 of these members must hold a permit under s. 283.31 from the department of natural resources or be a permittee's designee.

SB808,5,9 (b) The members under par. (a) shall be nominated by the secretary of agriculture, trade and consumer protection, and with the advice and consent of the senate appointed, for 5-year terms.

SB808,2 Section 2 . 93.90 (1m) (b) of the statutes is amended to read:

SB808,5,15 93.90 (1m) (b) “Application for approval" means an application submitted to the department for approval of a livestock facility siting or expansion based on compliance with standards promulgated by rule under sub. (2) (a), and, if applicable, more stringent standards enacted by a political subdivision under sub. (3) (i) 1. An “application for approval” includes an application for permit modification.

SB808,3 Section 3 . 93.90 (1m) (bm) of the statutes is created to read:

SB808,5,20 93.90 (1m) (bm) “Application for permit modification” means an application concerning a livestock facility siting or expansion that was previously approved under sub. (2) (f) 5. or approved before the effective date of this paragraph .... [LRB inserts date], if any of the following applies:

SB808,5,24 1. The proposed livestock facility involves the construction or alteration of one or more livestock structures without increasing the maximum number of animal units authorized in the most recent approval granted under sub. (2) (f) 5. or granted before the effective date of this subdivision .... [LRB inserts date].

SB808,6,3 2. The proposed livestock facility involves increasing the maximum number of animal units held at the livestock facility without the construction or alteration of any livestock structures and all of the following apply:

SB808,6,7 a. The applicant has not previously increased the number of animal units above the maximum number of animal units authorized in the most recent local approval granted under sub. (2) (f) 5. or granted before the effective date of this subd. 2. a. .... [LRB inserts date].

SB808,6,11 b. The proposed increase in animal units does not exceed 20 percent of the maximum number of animal units authorized in the most recent local approval granted under sub. (2) (f) 5. or granted before the effective date of this subd. 2. b. .... [LRB inserts date].

SB808,4 Section 4. 93.90 (1m) (dr) of the statutes is created to read:

SB808,6,13 93.90 (1m) (dr) “Highway” has the meaning given in s. 340.01 (22).

SB808,5 Section 5. 93.90 (1m) (eg) of the statutes is created to read:

SB808,6,23 93.90 (1m) (eg) “Livestock structure" means a building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. “Livestock structure" includes a barn, milking parlor, feed storage facility, feeding facility, animal lot, or waste storage structure. “Livestock structure" does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.

SB808,6 Section 6 . 93.90 (1m) (er) of the statutes is created to read: