This bill creates a Department of Environmental Quality (DEQ) and transfers
some of DNR's responsibilities to DEQ effective July 1, 2011. DEQ is governed by a
secretary who is nominated by the governor, and with the advice and consent of the
senate appointed. There is no board for DEQ. Under the bill, the Natural Resources
Board appoints the secretary of natural resources. The bill also requires that at least
one member of the Natural Resources Board have an agricultural background and
that at least three members of the Natural Resources Board have held an annual
hunting, trapping, or fishing license in at least seven of the ten years before their
appointment, except that the number of years in which an individual must have held
a license is reduced by the number of years that the individual served on active duty
in the U.S. armed forces or national guard during that ten-year period.
Under the bill, DEQ administers programs relating to air quality, water quality,
water supply, wastewater, recycling, solid and hazardous waste, mining,
environmental cleanups, wetlands, shoreland zoning, and navigable waters
(including dams and piers). DNR continues to administer programs relating to state
parks and other recreational properties, the Lower Wisconsin State Riverway,
wildlife (including hunting, fishing, and trapping), endangered resources, boats,
snowmobiles, and all-terrain vehicles.

This bill also transfers the responsibility to administer programs related to
forestry from DNR to the Department of Agriculture, Trade and Consumer
Protection. DNR retains the responsibility of determining public access on land in
state forests and on land subject to the managed forest land program.
For further information see the state 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:
AB926, s. 1 1Section 1. 1.055 (1) of the statutes is amended to read:
AB926,11,162 1.055 (1) Consent of this state is given to the acquisition by the United States
3by purchase, gift, lease or condemnation, with adequate compensation therefor, of
4such areas of land not exceeding 2,000,000 acres as the United States deems
5necessary for the establishment of national forests in the state, in accordance with
6the act of congress approved June 7, 1924, and the board of commissioners of public
7lands are authorized to sell and convey for a fair consideration to the United States
8any state lands included within such areas; provided, that this state shall retain
9concurrent jurisdiction with the United States in and over such areas so far that civil
10process, in all cases, and such criminal process as may issue under the authority of
11this state against any persons charged with the commission of any crime within or
12without said areas, may be executed thereon in like manner as if this consent had
13not been given. Provided, further, that the boundaries of any areas so selected shall
14be first approved by the governor, the board of commissioners of public lands, the
15department of natural resources agriculture, trade and consumer protection, and the
16county board of each county in which any such area is located.
AB926, s. 2 17Section 2. 1.056 of the statutes is amended to read:
AB926,12,10 181.056 State conservation areas. Consent of this state is given to the United
19States to acquire by purchase, gift, lease or condemnation, with adequate

1compensation therefor, areas of land and water within boundaries approved by the
2governor and the county board of the county in which the land is located, for the
3establishment of state forests, state parks or other state conservation areas to be
4administered by the state under long-term leases, treaties or cooperative
5agreements, which the. The department of natural resources is hereby authorized,
6on behalf of the state,
to enter into on behalf of the state such leases, treaties, or
7cooperative agreements covering land under its jurisdiction
with the federal
8government. The department of agriculture, trade and consumer protection is
9authorized, on behalf of the state, to enter into such leases, treaties, or cooperative
10agreements covering land under its jurisdiction with the federal government.
AB926, s. 3 11Section 3. 1.11 (2) (d) of the statutes is amended to read:
AB926,12,2412 1.11 (2) (d) Prior to making any detailed statement, the responsible official
13shall consult with and obtain the comments of any agency which has jurisdiction or
14special expertise with respect to any environmental impact involved. Copies of such
15statement and the comments and views of the appropriate agencies, which are
16authorized to develop and enforce environmental standards shall be made available
17to the governor, to the department of natural resources environmental quality, and
18to the public. Every proposal other than for legislation shall receive a public hearing
19before a final decision is made. Holding a public hearing as required by another
20statute fulfills this section. If no public hearing is otherwise required, the responsible
21agency shall hold the hearing in the area affected. Notice of the hearing shall be
22given by publishing a class 1 notice, under ch. 985, at least 15 days prior to the
23hearing in a newspaper covering the affected area. If the proposal has statewide
24significance, notice shall be published in the official state newspaper;
AB926, s. 4 25Section 4. 13.097 (1) (a) of the statutes is amended to read:
AB926,13,2
113.097 (1) (a) "Department" means the department of natural resources
2environmental quality.
AB926, s. 5 3Section 5. 13.097 (2) (b) of the statutes is amended to read:
AB926,13,94 13.097 (2) (b) If the legislation conveys a lake bed area, the department shall
5describe the conveyance contained in the legislation. If the legislation amends a
6prior conveyance of a lake bed area, the department's report shall describe the prior
7conveyance and how it is amended by this legislation. The report shall include any
8written comments under sub. (3) and
the department's findings under sub. (4) and
9its conclusions under sub. (6).
AB926, s. 6 10Section 6. 13.097 (2) (c) of the statutes is amended to read:
AB926,13,1511 13.097 (2) (c) Legislation that requires a report by the department under this
12section shall have that requirement noted on its jacket when the jacket is prepared.
13When legislation that requires a report under this section receives a jacket to be
14introduced or offered, the legislative reference bureau shall submit a copy of the
15legislation to the department and to the department of natural resources.
AB926, s. 7 16Section 7. 13.097 (3) of the statutes is created to read:
AB926,13,2017 13.097 (3) Comments of the department of natural resources. The
18department of natural resources may submit to the department of environmental
19quality written comments on legislation specified under sub. (2) within 10 days after
20the legislation is introduced or offered.
AB926, s. 8 21Section 8. 13.101 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
22is amended to read:
AB926,14,1723 13.101 (6) (a) As an emergency measure necessitated by decreased state
24revenues and to prevent the necessity for a state tax on general property, the
25committee may reduce any appropriation made to any board, commission,

1department, or the University of Wisconsin System, or to any other state agency or
2activity, by such amount as it deems feasible, not exceeding 25% of the
3appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and
4(cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af),
5(aq), (ar), and (au), 20.435 (7) (a) and (da), and 20.437 (2) (a) and (dz) or for forestry
6purposes under s. ss. 20.115 (5) (h), (k), (q), (qr), (r), (rf), (rm), (rp), (rs), and (rv) and
720.370 (3), or any other moneys distributed to any county, city, village, town, or school
8district. Appropriations of receipts and of a sum sufficient shall for the purposes of
9this section be regarded as equivalent to the amounts expended under such
10appropriations in the prior fiscal year which ended June 30. All functions of said
11state agencies shall be continued in an efficient manner, but because of the
12uncertainties of the existing situation no public funds should be expended or
13obligations incurred unless there shall be adequate revenues to meet the
14expenditures therefor. For such reason the committee may make reductions of such
15appropriations as in its judgment will secure sound financial operations of the
16administration for said state agencies and at the same time interfere least with their
17services and activities.
AB926, s. 9 18Section 9. 13.48 (10) (b) 1. of the statutes is amended to read:
AB926,14,2119 13.48 (10) (b) 1. Contracts by the department of natural resources
20environmental quality for construction work related to hazardous substance spill
21response under s. 292.11 or environmental repair under s. 292.31.
AB926, s. 10 22Section 10. 13.48 (26) of the statutes is amended to read:
AB926,15,2323 13.48 (26) Environmental improvement annual finance plan approval. The
24building commission shall review the versions of the biennial finance plan and any
25amendments to the biennial finance plan submitted to it by the department of

1natural resources environmental quality and the department of administration
2under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance
3and the standing committees to which the versions of the biennial finance plan and
4any amendments were submitted under s. 281.59 (3) (bm). The building commission
5shall consider the extent to which that version of the biennial finance plan that is
6updated to reflect the adopted biennial budget act will maintain the funding for the
7clean water fund program and the safe drinking water loan program, in the
8environmental improvement fund, in perpetuity. The building commission shall
9consider the extent to which the implementation of the clean water fund program,
10the safe drinking water loan program and the land recycling loan program, as set
11forth in the biennial finance plan updated to reflect the adopted biennial budget act,
12implements legislative intent on the clean water fund program, the safe drinking
13water loan program and the land recycling loan program. The building commission
14shall, no later than 60 days after the date of enactment of the biennial budget act,
15either approve or disapprove the biennial finance plan that is updated to reflect the
16adopted biennial budget act, except that the building commission may not
17disapprove those amounts that the legislature approves under s. 281.59 (3e) (a), (3m)
18(a) and (3s) (a). If the building commission disapproves the version of the biennial
19finance plan that is updated to reflect the adopted biennial budget act, it must notify
20the department of natural resources environmental quality and the department of
21administration of its reasons for disapproving the plan, and those departments must
22revise that version of the biennial finance plan and submit the revision to the
23building commission.
AB926, s. 11 24Section 11. 13.625 (8m) of the statutes is amended to read:
AB926,16,4
113.625 (8m) Subsection (3) does not apply to the solicitation of anything of
2pecuniary value to pay the costs of remedying environmental contamination, as
3defined in s. 292.51 (1), by an agency official of the department of natural resources
4environmental quality.
AB926, s. 12 5Section 12. 13.83 (3) (f) (intro.) of the statutes is amended to read:
AB926,16,76 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical
7advisory committee composed of 8 9 members representing the following:
AB926, s. 13 8Section 13. 13.83 (3) (f) 8. of the statutes is created to read:
AB926,16,99 13.83 (3) (f) 8. The department of environmental quality.
AB926, s. 14 10Section 14. 14.95 (2) of the statutes is amended to read:
AB926,16,2011 14.95 (2) The governor shall serve as this state's representative on the Great
12Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or
13her responsibilities under s. 281.343 (2) and (3), the governor may designate the
14secretary of natural resources environmental quality as the governor's alternate to
15attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources
16Council and to vote at all meetings of the Great Lakes—St. Lawrence River Basin
17Water Resources Council in the absence of the governor. Any designee other than the
18secretary of natural resources environmental quality shall be nominated by the
19governor, and with the advice and consent of the senate appointed, to serve at the
20pleasure of the governor.
AB926, s. 15 21Section 15. 15.01 (4) of the statutes is amended to read:
AB926,17,422 15.01 (4) "Council" means a part-time body appointed to function on a
23continuing basis for the study, and recommendation of solutions and policy
24alternatives, of the problems arising in a specified functional area of state
25government, except the Milwaukee River revitalization council has the powers and

1duties specified in s. 23.18 278.18, the council on physical disabilities has the powers
2and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug
3abuse has the powers and duties specified in s. 14.24, and the electronic recording
4council has the powers and duties specified in s. 706.25 (4).
AB926, s. 16 5Section 16. 15.05 (1) (b) of the statutes is amended to read:
AB926,17,146 15.05 (1) (b) Except as provided in pars. (c) and par. (d), if a department is under
7the direction and supervision of a board, the board shall appoint a secretary to serve
8at the pleasure of the board outside the classified service. In such departments, the
9powers and duties of the board shall be regulatory, advisory and policy-making, and
10not administrative. All of the administrative powers and duties of the department
11are vested in the secretary, to be administered by him or her under the direction of
12the board. The secretary, with the approval of the board, shall promulgate rules for
13administering the department and performing the duties assigned to the
14department.
AB926, s. 17 15Section 17. 15.05 (1) (c) of the statutes is repealed.
AB926, s. 18 16Section 18. 15.07 (2) (n) of the statutes is amended to read:
AB926,17,1817 15.07 (2) (n) The member appointed under s. 15.345 (6) 15.13 (5) (a) shall serve
18as chairperson of the managed forest land board.
AB926, s. 19 19Section 19. 15.09 (1) (b) of the statutes is amended to read:
AB926,17,2120 15.09 (1) (b) The terms of the members of the council on recycling shall expire
21as specified under s. 15.347 (17) 15.337 (5) (c).
AB926, s. 20 22Section 20. 15.107 (5) (a) 2m. of the statutes is created to read:
AB926,17,2323 15.107 (5) (a) 2m. The secretary of environmental quality or his or her designee.
AB926, s. 21 24Section 21. 15.107 (17) (f) of the statutes is amended to read:
AB926,18,2
115.107 (17) (f) One member appointed by the secretary of natural resources
2environmental quality.
AB926, s. 22 3Section 22. 15.135 (4) (b) 1. of the statutes is amended to read:
AB926,18,64 15.135 (4) (b) 1. The secretaries of administration, natural resources
5environmental quality, and agriculture, trade and consumer protection or their
6designees.
AB926, s. 23 7Section 23. 15.137 (5) (a) of the statutes is amended to read:
AB926,18,118 15.137 (5) (a) Nonvoting members. The secretary of agriculture, trade and
9consumer protection, the secretary of natural resources environmental quality, and
10the dean of the College of Agricultural and Life Sciences at the University of
11Wisconsin-Madison, or their designees, shall serve as nonvoting members.
AB926, s. 24 12Section 24. 15.137 (5) (b) 2. of the statutes is amended to read:
AB926,18,1513 15.137 (5) (b) 2. One voting member shall be appointed by the secretary of
14natural resources environmental quality to serve for a 3-year term. The member
15appointed under this subdivision shall be knowledgeable about water quality.
AB926, s. 25 16Section 25. 15.155 (5) of the statutes is amended to read:
AB926,19,517 15.155 (5) Small business regulatory review board. There is created a small
18business regulatory review board, attached to the department of commerce under s.
1915.03. The board shall consist of a representative of the department of
20administration; a representative of the department of agriculture, trade and
21consumer protection; a representative of the department of children and families; a
22representative of the department of commerce; a representative of the department
23of health services; a representative of the department of natural resources
24environmental quality; a representative of the department of regulation and
25licensing; a representative of the department of revenue; a representative of the

1department of workforce development; 6 representatives of small businesses, as
2defined in s. 227.114 (1), who shall be appointed for 3-year terms; and the
3chairpersons of one senate and one assembly committee concerned with small
4businesses, appointed as are members of standing committees. The representatives
5of the departments shall be selected by the secretary of that department.
AB926, s. 26 6Section 26. 15.157 (10) (f) of the statutes is amended to read:
AB926,19,97 15.157 (10) (f) One member appointed by the secretary of natural resources
8environmental quality to represent the department of natural resources
9environmental quality.
AB926, s. 27 10Section 27. 15.33 of the statutes is created to read:
AB926,19,13 1115.33 Department of environmental quality; creation. There is created
12a department of environmental quality under the direction and supervision of the
13secretary of environmental quality.
AB926, s. 28 14Section 28. 15.337 (title) of the statutes is created to read:
AB926,19,15 1515.337 (title) Same; councils.
AB926, s. 29 16Section 29. 15.337 (4) (a) 1m. of the statutes is created to read:
AB926,19,1717 15.337 (4) (a) 1m. The secretary of environmental quality or his or her designee.
AB926, s. 30 18Section 30. 15.34 (2) (bg) and (br) of the statutes are created to read:
AB926,19,2319 15.34 (2) (bg) At least one member of the natural resources board shall have
20an agricultural background. The governor may request statewide agricultural
21organizations to submit recommendations for nominees under this paragraph. The
22requirements of this paragraph apply to individuals who are members of the natural
23resources board on May 1, 2014, and thereafter.
AB926,20,624 (br) 1. At least 3 members of the natural resources board shall be individuals
25who held an annual hunting, fishing, or trapping license, in this state or another

1state, in at least 7 of the 10 years previous to the year in which the individual is
2nominated, except as provided in subd. 2. The governor may request statewide
3organizations that are primarily interested in supporting hunting, fishing, or
4trapping to submit recommendations for nominees under this paragraph. The
5requirements of this paragraph apply to individuals who are members of the natural
6resources board on May 1, 2014, and thereafter.
AB926,20,117 2. If an individual served on active duty in the U.S. armed forces or national
8guard during the 10 years previous to the year in which the individual is nominated,
9the number of years in which the individual is required to have held an annual
10hunting, fishing, or trapping license equals 7 minus the number of years of active
11duty served during those 10 years.
AB926, s. 31 12Section 31. 15.343 of the statutes is renumbered 15.132, and 15.132 (1), as
13renumbered, is amended to read:
AB926,20,1514 15.132 (1) Division of forestry. There is created in the department of natural
15resources
agriculture, trade and consumer protection a division of forestry.
AB926, s. 32 16Section 32. 15.345 (6) of the statutes is renumbered 15.135 (5), and 15.135 (5)
17(intro.), as renumbered, is amended to read:
AB926,20,2118 15.135 (5) Managed forest land board. (intro.) There is created in the
19department of natural resources agriculture, trade and consumer protection a
20managed forest land board consisting of the chief state forester or his or her designee
21and the following members appointed for 3-year terms:
AB926, s. 33 22Section 33. 15.347 (2) of the statutes is renumbered 15.337 (1), and 15.337 (1)
23(intro.), as renumbered, is amended to read:
AB926,21,224 15.337 (1) Dry cleaner environmental response council. (intro.) There is
25created in the department of natural resources environmental quality a dry cleaner

1environmental response council consisting of the following members appointed for
23-year terms:
AB926, s. 34 3Section 34. 15.347 (12) of the statutes is renumbered 15.337 (2) and amended
4to read:
AB926,21,95 15.337 (2) Metallic mining council. There is created in the department of
6natural resources environmental quality a metallic mining council consisting of 9
7persons representing a variety and balance of economic, scientific and
8environmental viewpoints. Members shall be appointed by the secretary of the
9department for staggered 3-year terms.
AB926, s. 35 10Section 35. 15.347 (13) of the statutes is renumbered 15.337 (3), and 15.337
11(3) (a) and (b) 1., as renumbered, are amended to read:
AB926,21,1412 15.337 (3) (a) Creation. There is created a groundwater coordinating council,
13attached to the department of natural resources environmental quality under s.
1415.03. The council shall perform the functions specified under s. 160.50.
AB926,21,1515 (b) 1. The secretary of natural resources environmental quality.
AB926, s. 36 16Section 36. 15.347 (15) of the statutes is renumbered 15.337 (4), and 15.337
17(4) (a) (intro.), as renumbered, is amended to read:
AB926,21,2018 15.337 (4) (a) (intro.) There is created in the department of natural resources
19environmental quality a Milwaukee River revitalization council consisting of the
20following members
:
AB926, s. 37 21Section 37. 15.347 (17) of the statutes is renumbered 15.337 (5), and 15.337
22(5) (a), as renumbered, is amended to read:
AB926,21,2523 15.337 (5) (a) Creation and membership. There is created a council on
24recycling, attached to the department of natural resources environmental quality
25under s. 15.03, consisting of 7 members selected by the governor.
AB926, s. 38
1Section 38. 15.347 (19) of the statutes is renumbered 15.137 (2m), and 15.137
2(2m) (a) (intro.), as renumbered, is amended to read:
AB926,22,43 15.137 (2m) (a) (intro.) There is created in the department of natural resources
4agriculture, trade and consumer protection a council of forestry consisting of:
AB926, s. 39 5Section 39. 15.915 (2) (a) of the statutes is amended to read:
AB926,22,96 15.915 (2) (a) The chancellor of the University of Wisconsin-Madison, the
7secretary of health services, the secretary of natural resources, the secretary of
8environmental quality,
and the secretary of agriculture, trade and consumer
9protection, or their designees.
AB926, s. 40 10Section 40. 15.915 (6) (b) 2m. of the statutes is created to read:
AB926,22,1111 15.915 (6) (b) 2m. The secretary of environmental quality.
AB926, s. 41 12Section 41. 16.02 (2) of the statutes is amended to read:
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