SB 494 — Relating to: aquatic plant management plans and permit exemptions.

-Date 2022of LEGISLATUREenactment: LRB-3540/1 ZDW:skw SENATE BILL 494 August 5, 2021 - Introduced by Senators FEYEN , ALLWEG , COWLES, FELZKOWSKI, JACQUE , MARKLEIN, TAFSHOLT and STROEBEL , cosponsored by Representatives STEINEKE , KITCHENS, K NODL, KUGLITSCH , LOUDENBECK , M URPHY, M URSAU, R OZAR, SCHRAA , TITTL and T USLER.

ReferredSenate toBill Committee494 onDate Naturalof Resourcespublication*: and Energy.

WISCONSIN ACT A N A CT to amend 23.24 (2) (a) 1., 23.24 (2) (a) 2., 23.24 (2) (c) 7., 23.24 (3) (b) and 23.24 (3) (c);

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Thisrepresented billin makesmentsmaynotimposeanunduefinancialburdenonper- numeroussenate changesand relatingassembly, todo theenact controlas offollows: aquatic plants using chemicals or biological agents.

Currentmit lawapplicants requiresor theproperty Departmentowners. of Natural Resources to establish a program for the waters of this state that meet several goals, including implementing efforts to protect and develop native aquatic plants and regulate how aquatic plants are managed.

TheSECTION bill5. requires that DNR efforts to protect native aquatic plants rely on widely accepted methods supported by peer-reviewed science to suppress or eradicate invasive or nuisance aquatic plants.

The23.24 bill(3) also(b) requiresof thatthe DNRstatutes plansis toamended regulateSECTION aquatic1. plants ensure invasive and nuisance aquatic plants are suppressed or eradicated to the greatest extent possible.

Under23.24 current(1) law,(je) subject to exceptions, a person may not control aquatic plants in waters of the statestatutes byis thecreated useto ofto chemicalsread: or the introduction of biological agents without a valid aquatic plant management permit issued by DNR.

Asread: a condition of receiving an aquatic plant management permit, DNR may require the applicant to submit a plan for how aquatic plants will be introduced, removed, or controlled.

23.24 (3) (b) The billdepartment providesmay require that DNRan must23.24 give(1) equal(je) consideration“Private topond” plansmeans thata willsurface suppresswater orapplication eradicatefor invasivean oraquatic nuisanceplant aquaticmanagement plantspermit bycon- useless ofthan chemicals10 -acres 2022in Legislaturesize -that 2is -surrounded LRB-3540/1by ZDW:skwthe SENATEprivate BILLtain 494a andplan providesfor thatthe department’s approval as to how the planproperty requirementsof mayone notor imposemore anowners, unduewith financialno burdenpublic onaccess permitto applicantsaquatic orplants propertywill owners.be introduced, removed, or controlled.

The bill also creates exemptions from the permit requirement for the introduction of chemicals or biological agents to a private pond, which the bill defines as “a surface water less than 10 acres in size that is surrounded by the private property of one or more owners, with no public access to the water, and that has either no surface water discharge orThe surfacedepartment watershall dischargegive thatequal canconsideration be controlled.” Under the bill, a person who applies a chemical treatment to aplans private pond to suppress or eradicatesurface invasivewater ordischarge nuisancethat aquaticcan plantsbe iscontrolled. exempt if the person is certified as a commercial applicator by the Department of Agriculture, Trade and Consumer Protection in the aquatic and mosquito pest control category and follows U.S.

Environmentalthat Protectionwill Agencysuppress standardsor foreradicate chemicalinvasive typeor andnuisance use.SECTION 2.

The bill also exempts a person who applies to a private pond a biological agent to improve water quality at a concentration that does not cause acute or chronic toxicity for aquatic organisms or a dye that is not labeled for herbicide use.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

23.24 (1) (je) of the statutes is created to read:

23.24 (1) (je) “Private pond” means a surface water less than 10 acres in size that is surrounded by the private property of one or more owners, with no public access to the water, and that has either no surface water discharge or surface water discharge that can be controlled.

S ECTION 2.

of the statutes is amended aquatic plants by use of chemicals that have been labeled to read:

23.24and (2)registered (a)for 1.aquatic plant control by the U.S.

Implementenvi- efforts23.24 to(2) protect(a) and1. develop diverse and stable communities of native aquatic plants using widely accepted methods that are supported by peer-reviewed science to suppress or eradicate invasive or nuisance aquatic plants.

SImplement ECTIONefforts 3.to protect and ronmental protection agency.

develop diverse and stable communities of native aquatic SECTION 6.

23.24 (3) (c) of the statutes is amended plants using widely accepted methods that are supported to read:

by peer−reviewed science to suppress or eradicate inva- 23.24 (3) (c) The department may promulgate a rule sive or nuisance aquatic plants.

to establish fees for aquatic plant management permits.

SECTION 3.

of the statutes is amended Under the rule, the department may establish a different to read:

23.24fee (2)for an aquatic plant management permit to manage 23.24(2) (a) 2.

Regulate how aquatic plants are managedman- aquatic plants that are located in a body of water that is aged to ensure invasive or nuisance aquatic plants are entirely confined on the property of one private property suppressed or eradicated to the greatest extent possible.

LRB-3540/1owner -owners. 2022 Legislature - 3 - ZDW:skw SECTION 4 SENATE BILL 494 SECTION 4.

SECTION 4.

of the statutes is amended toSECTION read:7.

23.24 (2) (c) 7.

The requirements for plans that the department may require under sub.

(3) (b).

Plan requirements may not impose an undue financial burden on permit applicants or property owners.

SECTION 5.

23.24 (3) (b) of the statutes is amended to read:

23.24 (3) (b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.