Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 14 R · 10 D cosponsors

AB 789 — Relating to: the well compensation grant program and making an appropriation. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

138 added · 12 removed

Plain-language change summary

The most notable change in Assembly Bill 789 is the removal of a specific requirement for the Department of Natural Resources to reallocate a full-time employee position. Instead, the bill now allows the department to create a grant program administrator position specifically for managing the well compensation grant program. This change is important as it focuses resources directly on administering the program, potentially leading to more efficient management and faster assistance for individuals with contaminated wells.

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- 2020 LEGISLATURE LRBa1055/1 ZDW:kjf ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 789 February 5, 2020 - Offered by RepresentativeOVAK.
- 2020 LEGISLATURE LRB-5062/2 ZDW:ahe&wlj ASSEMBLY BILL 789 January 24, 2020 - Introduced by RepresentativeHANKLAND , KRUG, ELZKOWSKI , POPE, H EBL, KITCHENS, KURTZ, NOVAK, SUMMERFIELD , ANDERSON, BALLWEG , BILLINGS, C ABRERA, C ONSIDINE, D ITTRIC, D OYLE , E DMING, E MERSON , G RUSZYNSK, H ORLACHER, KOLSTE, K UL, LOUDENBECK , B.
At the locations indicated, amend the bill as follows:
M EYERS, MILROY, M URSAU, N EUBAUER, N YGREN, O HNSTAD, SINICK, SKOWRONSKI , SPREITZER, STUBBS, S UBECK, SWEARINGEN , C.
T AYLOR, THIESFELDT, TRANEL, T USLER, VANDER M EER, RUWINK , ZAMARRIPA, IMMERMAN and SPIROS, cosponsored by Senators T ESTI, O LSEN and F EYEN.
Referred to Committee on Rural Development.
A N A CT to repeal 281.75 (2) (e), 281.75 (9) (a), 281.75 (11) (a) 8.
and 281.75 (11) (ae);
to renumber and amend 281.75 (5) (f) and 281.75 (9) (b);
to amend 281.75 (7) (c) 7.
and 281.75 (11m);
and to create 20.370 (6) (cb), 281.75 (5) (f) 2., 281.75 (7) (d) and 281.75 (9) (am), (bm), (c) and (d) of the statutes;
relating to:
the well compensation grant program and making an appropriation.
Analysis by the Legislative Reference Bureau This bill makes changes to the well compensation grant program administered by the Department of Natural Resources.
Under the program currently, an individual owner or renter of a contaminated private well, subject to eligibility requirements, may apply for a grant from DNR to cover a portion of the costs to treat the water, reconstruct the well, construct a new well, connect to a public water supply, or fill and seal the well.
Under current law, a well that is contaminated only by nitrates is eligible for a grant only if the well is a water supply for livestock, is used at least three months in each year, and contains nitrates in excess of 40 parts per million.
The bill eliminates these restrictions, making wells contaminated only by nitrates eligible for the program more generally.
Current law requires DNR to allocate money for payments of claims under the program according to order in which claims are received.
The bill retains this requirement but provides that, among claims for contamination only by nitrates, DNR must allocate payments according to a specified priority ranking.
- 2020 Legislature - 2 - LRB-5062/2 ZDW:ahe&wlj ASSEMBLY BILL 789 The bill also requires DNR to award grants for the remediation method that is most effective for the health and welfare of the claimant.
In addition, the bill provides that, of the amounts appropriated to DNR for the program, at least $200,000 must be allocated for claims of water containing nitrates at 10 to 25 parts per million unless DNR determines there are insufficient claims at that level to expend those moneys.
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:
S ECTION 1.
20.005 (3) (schedule) of the statutes:
at the appropriate place, insert the following amounts for the purposes indicated:
2019-20 2020-21 20.370 Natural resources, department of (6) ENVIRONMENTAL AIDS (cb) Environmental aids — compen­ sation for well contamination and abandonment;
state funds GPR C -0- 1,000,000 S ECTION 2.
20.370 (6) (cb) of the statutes is created to read:
20.370 (6) (cb) Environmental aids — compensation for well contamination and abandonment;
state funds.
As a continuing appropriation, the amounts in the schedule to pay compensation under s.
281.75.
Of the amounts in the schedule for each fiscal year, not less than $200,000 shall be allocated for claims of water containing nitrates at 10 to 25 parts per million under s.
281.75 (9) (d) unless the department determines there are insufficient claims at that level to expend those moneys.
S ECTION 3.
281.75 (2) (e) of the statutes is repealed.
LRB-5062/2 - 2020 Legislature - 3 - ZDW:ahe&wlj SECTION 4 ASSEMBLY BILL 789 SECTION 4.
281.75 (5) (f) of the statutes is renumbered 281.75 (5) (f) 1.
and amended to read:
281.75 (5) (f) 1.
Show all 93 changed rows (53 more)
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The Subject to subd.
2., the department shall allocate money for the payment of claims according to the order in which completed claims are received.
The department may conditionally approve a completed claim even if the appropriation under s.
20.370 (6) (cb) or (cr) is insufficient to pay the claim.
The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.
SECTION 5.
281.75 (5) (f) 2.
of the statutes is created to read:
281.75 (5) (f) 2.
For claims of contamination by nitrates and not by any other substance, the department shall allocate money for the payment of those collective claims as provided under subd.
Page 5, line 9:
but shall allocate money for the payment of individual claims according to the priority order established under sub.
delete lines 9 to 12 and substitute:
(9).
“(1) P OSITION AUTHORIZATION.
The department shall determine the method for allocating money for the payment of those claims in the manner that most effectively accomplishes the requirements of this paragraph and sub.
The department of natural resources shall reallocate 1.0 FTE position funded from the appropriation under s.
(9).
20.370 (9) (ma) to create a well compensation grant program administrator position within the department of natural resources.”.
SECTION 6.
281.75 (7) (c) 7.
of the statutes is amended to read:
281.75 (7) (c) 7.
If the claim is based on a contaminatedsupply that is eligible under sub.
(11) (ae) contaminated by bacteria, the cost of properly abandoning any improperly abandoned private water supply located on the property owned or leased by the claimant.
SECTION 7.
281.75 (7) (d) of the statutes is created to read:
281.75 (7) (d) The department may issue an award only for the eligible cost under this subsection that the department determines is the remediation method that is most effective for the health and welfare of the claimant.
- 2020 Legislature - 4 - LRB-5062/2 ZDW:ahe&wlj ASSEMBLY BILL 789 SECTION 8 SECTION 8.
281.75 (9) (a) of the statutes is repealed.
SECTION 9.
281.75 (9) (am), (bm), (c) and (d) of the statutes are created to read:
281.75 (9) (am) Water containing nitrates in excess of 40 parts per million expressed as nitrate-nitrogen.
(bm) Water containing nitrates in excess of 30 parts per million expressed as nitrate-nitrogen.
(c) Water containing nitrates in excess of 25 parts per million expressed as nitrate-nitrogen.
(d) Water containing nitrates at no fewer than 10 parts per million and not in excess of 25 parts per million expressed as nitrate-nitrogen.
Notwithstanding sub.
(11) (b) 2., for awards under this paragraph, the department shall emphasize the use of reverse osmosis or similar methods prior to well remediation methods if the department determines these methods are the most effective option for the health and welfare of the claimant.
SECTION 10.
281.75 (9) (b) of the statutes is renumbered 281.75 (9) (intro.) and amended to read:
281.75 (9) CONTAMINATION STANDARD;
NITRATES(intro.) Notwithstanding the requirement of contamination under sub.
(7), if a private water supply meets the criteria under par.
(a) and the claim is for claims based upon contamination by nitrates and not by any other substance, the department may make an award only if the private water supply produces water containing nitrates in excess of 40 parts per million expressed as nitrate-nitrogen.
shall make awards in the following order of priority:
SECTION 11.
281.75 (11) (a) 8.
of the statutes is repealed.
SECTION 12.
281.75 (11) (ae) of the statutes is repealed.
LRB-5062/2 - 2020 Legislature - 5 - ZDW:ahe&wlj S ECTION 13 ASSEMBLY BILL 789 SECTION 13.
281.75 (11m) of the statutes is amended to read:
281.75 (11m) ABANDONMENT OF CERTAIN PRIVATE WATER SUPPLIES.
If the department determines that there is an improperly abandoned private water supply located on property owned or leased by a claimant with a contaminated private water supply that is eligible under sub.
(11) (ae)ated by bacteria, the department may issue an award only if the claimant properly abandons the improperly abandoned private water supply.
SECTION 14.0Nonstatutory provisions.
(1) POSITION AUTHORIZATIONThe authorized FTE positions for the department of natural resources, funded from the appropriation under s.
20.370 (6) (cb), are increased by 1.0 GPR position for the purpose of creating a well compensation grant program administrator position within the department of natural resources.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Read first time and referred to committee on Senate Organization

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Representative Hesselbein added as a coauthor

  7. Read a third time and passed, Ayes 97, Noes 0

  8. Rules suspended

  9. Ordered to a third reading

  10. Assembly Amendment 2 adopted

  11. Read a second time

  12. Placed on calendar 2-18-2020 by Committee on Rules

  13. Referred to committee on Rules

  14. Report passage as amended recommended by Joint Committee on Finance, Ayes 16, Noes 0

  15. Report Assembly Amendment 2 adoption recommended by Joint Committee on Finance, Ayes 13, Noes 3

  16. Executive action taken

  17. Referred to joint committee on Finance

  18. Report passage as amended recommended by Committee on Rural Development, Ayes 12, Noes 0

  19. Report Assembly Amendment 2 adoption recommended by Committee on Rural Development, Ayes 8, Noes 4

  20. Senator Miller added as a cosponsor

  21. Executive action taken

  22. Representative Plumer added as a coauthor

  23. Assembly Amendment 2 offered by Representative Novak

  24. Fiscal estimate received

  25. Public hearing held

  26. Assembly Amendment 1 offered by Representatives Considine, B. Meyers and Vruwink

  27. Read first time and referred to Committee on Rural Development

  28. Introduced by Representatives Shankland, Krug, Felzkowski, Pope, Hebl, Kitchens, Kurtz, Novak, Summerfield, Anderson, Ballweg, Billings, Cabrera, Considine, Dittrich, Doyle, Edming, Emerson, Gruszynski, Horlacher, Kolste, Kulp, Loudenbeck, B. Meyers, Milroy, Mursau, Neubauer, Nygren, Ohnstad, Sinicki, Skowronski, Spreitzer, Stubbs, Subeck, Swearingen, C. Taylor, Thiesfeldt, Tranel, Tusler, VanderMeer, Vruwink, Zamarripa, Zimmerman and Spiros; cosponsored by Senators Testin, Olsen and Feyen

Sponsors

Sponsorship breakdown

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44 sponsors · 0 co-sponsors · 88 not signed on

Sponsors (44)

Co-sponsors (0)

None.

Not signed on (88)

88 members have not signed on to this bill.

Show all 88 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 97 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 36000
Democrat 14000
Unaffiliated 47000
Total 97000
% of votes cast 100%0%0%0%
How each member voted (97)
Member Party Vote
BALLWEG — Yea
BOWEN — Yea
BRANDTJEN — Yea
BROSTOFF — Yea
CABRERA — Yea
CONSIDINE — Yea
CROWLEY — Yea
EDMING — Yea
FIELDS — Yea
GOYKE — Yea
GRUSZYNSKI — Yea
HEBL — Yea
HINTZ — Yea
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Yea
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MAGNAFICI — Yea
MEYERS — Yea
MILROY — Yea
MYERS — Yea
NYGREN — Yea
OHNSTAD — Yea
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Yea
RAMTHUN — Yea
RIEMER — Yea
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Yea
SCHRAA — Yea
SHANKLAND — Yea
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Yea
ZAMARRIPA — Yea
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Billings, Jill Democrat Yea
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hesselbein, Dianne Democrat Yea
McGuire, Tip Democrat Yea
Neubauer, Greta Democrat Yea
Sinicki, Christine Democrat Yea
Spreitzer, Mark Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Yea
Vining, Robyn Democrat Yea
Allen, Scott Republican Yea
August, Tyler Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

environment agriculture
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Frequently asked questions

Who sponsors AB 789?
AB 789 is sponsored by Shankland, Krug, Scott (Republican), Felzkowski, Mary (Republican), Pope, Hebl, Kitchens, Joel (Republican), Novak, Todd (Republican), Summerfield, Rob (Republican), Ballweg, Billings, Jill (Democrat), Cabrera, Considine, Doyle, Steve (Democrat), Edming, Gruszynski, Horlacher, Kolste, Kulp, Loudenbeck, B. Meyers, Milroy, Mursau, Jeffrey (Republican), Neubauer, Greta (Democrat), Nygren, Ohnstad, Sinicki, Christine (Democrat), Skowronski, Spreitzer, Mark (Democrat), Subeck, Lisa (Democrat), Swearingen, Rob (Republican), Thiesfeldt, Tranel, Travis (Republican), Tusler, Ron (Republican), VanderMeer, Nancy (Republican), Vruwink, Zamarripa, Zimmerman, Shannon (Republican), Spiros, John (Republican), Taylor, Sequanna (Democrat), Stubbs, Shelia (Democrat), Emerson, Jodi (Democrat), Dittrich, Barbara (Republican), Anderson, Clinton (Democrat), and Kurtz, Tony (Republican).
What is the current status of AB 789?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 789?
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