AB894,7,7 93.90 (1m) (h) “Waste” means manure, milking center waste, and other organic waste generated by a livestock facility.

AB894,9 Section 9 . 93.90 (1m) (i) of the statutes is created to read:

AB894,7,12 93.90 (1m) (i) “Waste storage structure” means a waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. “Waste storage structure” does not include equipment used to apply waste to land.

AB894,10 Section 10 . 93.90 (2) (a) of the statutes is amended to read:

AB894,7,22 93.90 (2) (a) For the purposes of this section, the department shall promulgate rules specifying standards for siting and expanding livestock facilities. In promulgating the rules, the department may incorporate by cross-reference provisions contained in rules promulgated under ss. 92.05 (3) (c) and (k), 92.14 (8), 92.16, and 281.16 (3) and ch. 283. The department may not promulgate rules under this paragraph that conflict with rules promulgated under s. 92.05 (3) (c) or (k), 92.14 (8), 92.16, or 281.16 (3) or ch. 283. The department may not promulgate rules under this paragraph unless at least two-thirds of the members of the livestock facility technical review board first approves the rules.

AB894,11 Section 11 . 93.90 (2) (am) of the statutes is created to read:

AB894,8,3 93.90 (2) (am) Any rules promulgated by the department under par. (a) that establish setback requirements or odor and air emissions standards for waste storage structures do not apply to any of the following:

AB894,8,4 1. A structure used to collect and store waste under a livestock housing facility.

AB894,8,6 2. A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.

AB894,12 Section 12 . 93.90 (2) (c) of the statutes is repealed.

AB894,13 Section 13 . 93.90 (2) (d) of the statutes is amended to read:

AB894,8,11 93.90 (2) (d) The secretary shall appoint a committee of experts to livestock facility technical review board shall advise the department on the promulgation of the rules under par. (a) and on the review of rules under par. (c).

AB894,14 Section 14 . 93.90 (2) (e) 2. of the statutes is amended to read:

AB894,8,15 93.90 (2) (e) 2. Specify the information and documentation that must be included in a record of decision making, written findings, and conclusions under sub. (4) (b). par. (f) 7.

AB894,15 Section 15. 93.90 (2) (f) of the statutes is created to read:

AB894,8,20 93.90 (2) (f) 1. If a local approval under sub. (3) (g) is required for a new or expanded livestock facility, the operator of the facility shall submit an application for approval to the department. The department may establish a fee not exceeding $750 for reviewing applications under this paragraph.

AB894,8,24 2. No later than 2 business days after the department receives an application for approval, the department shall provide notification and a copy of the application for approval to the political subdivisions in which the property that is the subject of the application for approval is located.

AB894,9,11 3. No later than 14 days after the department receives an application for approval, the department shall notify the applicant whether the application for approval is complete and, if it is not complete, what supplementary information is needed to complete the application for approval. Upon receipt of any supplementary information from the applicant, the department shall have 7 days to review the information and notify the applicant whether the application for approval is complete and, if it is not complete, what additional supplementary information is needed to complete the application for approval. As soon as the department deems the application for approval complete, the department shall notify the applicant and the political subdivisions in which the property that is the subject of the application is located.

AB894,9,15 4. Beginning on the first day after the department deems an application for approval complete, the department shall provide 30 days for receiving public comments on the application for approval. The department may hold a public hearing during the public comment period.

AB894,9,17 5. a. The department shall approve or disapprove an application for approval no more than 10 days after the close of the public comment period under subd. 4.

AB894,9,20 b. Except as provided in subd. 5. c., the department shall approve an application for approval if the proposed livestock facility siting or expansion satisfies the standards promulgated by rule under sub. (2) (a).

AB894,9,24 c. If an application for approval involves a proposed livestock facility siting or expansion located in a political subdivision that enacts a requirement under sub. (3) (i) 1., the department shall approve the facility's application for approval if the facility satisfies the requirements enacted under sub. (3) (i) 1. and standards promulgated by rule under sub. (2) (a) that are consistent with the requirements enacted under sub. (3) (i) 1.

AB894,11,8 6. Notwithstanding subd. 5. a., if the department of natural resources notifies the department of agriculture, trade and consumer protection that the facility that is proposed for expansion by the applicant has been the subject of 2 or more notices of violation within the preceding 18 months that allege violations concerning actual discharges of manure or process wastewaters from the facility in violation of ch. 283, any rule promulgated under ch. 283, or any permit issued under ch. 283, the department of agriculture, trade and consumer protection is not required to approve or disapprove the application for approval within 10 days of the close of the public comment period under subd. 4., unless the department of agriculture, trade and consumer protection concludes that the application is consistent with resolving the notices of violation. The department of agriculture, trade and consumer protection shall consult with the department of natural resources after receiving notification under this subdivision. The department of natural resources shall make a written determination of whether the facility remains in significant noncompliance as alleged in the notices of violation and shall provide a copy of the written determination to the department of agriculture, trade and consumer protection and the applicant within 30 days of the close of the public comment period under subd. 4. If the written determination of the department of natural resources is that the facility remains in significant noncompliance, not later than every 30 days thereafter the department of natural resources shall make and submit to the department of agriculture, trade and consumer protection an additional written determination of whether the facility remains in significant noncompliance until the department of natural resources makes and submits a written determination that the facility is no longer in significant noncompliance. Notwithstanding subd. 5. a., if this subdivision applies, the department of agriculture, trade and consumer protection shall approve or disapprove an application for approval no more than 10 days after the department of natural resources provides the department of agriculture, trade and consumer protection with its written determination that the facility does not remain in significant noncompliance as alleged in the notices of violation. This subdivision does not apply to an application for approval if the department of natural resources determines that the applicant will address all actual or alleged violations.

AB894,11,14 7. The department shall make written findings of fact and conclusions of law in support of its decision on an application for approval and shall make a record of its decision making on an application for approval, including a recording of any public hearing, copies of documents submitted at any public hearing or during the public comment period under subd. 4., and copies of any other documents provided to the department in connection with the application for approval.

AB894,11,18 8. The department shall provide notice of its decision to the applicant, the political subdivisions in which the property that is the subject of the application for approval is located, and any other party that submitted written comments during the public comment period under subd. 4.

AB894,16 Section 16 . 93.90 (2m) of the statutes is created to read:

AB894,11,25 93.90 (2m) Restriction on setbacks for livestock structures and waste storage structures. (a) If a political subdivision establishes a setback requirement measured from the nearest point of a highway right-of-way that applies to a livestock structure, the setback requirement may not require that the livestock structure be located more than 100 feet from the nearest point of any highway right-of-way.

AB894,12,4 (b) A livestock structure constructed on or after the effective date of this paragraph .... [LRB inserts date], may be located closer to a property line than any setback requirement established by rule by the department or by a political subdivision if all of the following apply:

AB894,12,8 1. The owner of the land on which the livestock structure is located and the owner of land with a property line within the required setback distance enter into a written agreement and record the agreement with the office of the register of deeds for the county in which the land is located.