Officers

Wisconsin Cattlemen’s Association
State Legislative Summary
July 2011

The Wisconsin Cattlemen’s Association has been actively involved in the following state legislative issues since January 2011.  If you have any questions regarding any of these issues, please contact the WCA at www.wisconsincattlemen.com .

2011-12 State Budget Bill
Wisconsin faced a $137 million dollar shortfall for the end of the 2011 fiscal year (June 20, 2011) and a $3.6 billion structural deficit going into the next biennium (2011-12).  The legislature addressed these issues in the budget repair and 2011-12 biennial budget bill, which took effect on July 1. It was a very stable budget for most of agriculture from a DATCP and DNR perspective. The bill included funding for 10 additional meat inspectors at the DATCP and provided $27 million in farmland preservation tax credit for farmers who meet conservation requirements. It also contained an important protection for scientific researchers engaged in animal research at Wisconsin colleges, universities and private companies. 

Stand Alone Legislation
Extension of Dairy and Livestock Investment Tax Credit.  Representative Keith Ripp (R-Lodi) and Senator Dan Kapanke (R-La Crosse) authored legislation that extended the dairy and livestock investment tax credit (2011 Wisconsin Act 15).  Under prior law, the tax credits ended in 2011.  Under the new legislation, a taxpayer may claim the credit for taxable years beginning after December 31, 2003, and before January 1, 2017.  Dairy and livestock farm investment credits are nonrefundable income and franchise tax credits that may be claimed for a portion of the cost of expanding or modernizing a dairy or livestock farm.  A claim may be made for a credit equal to 10% of the costs incurred in a given tax year for such activities.

Health Savings Account Legislation.  On January 25, Governor Walker signed his first piece of legislation, a special session bill that allows a state tax deduction for contributions made to health savings accounts.  These accounts allow taxpayers to make pre-tax contributions to accounts that will then be used to cover future health expenses.  The new law applies to this tax year and will benefit taxpayers on returns filed in 2012.  The legislation brings Wisconsin into line with the federal law and with 46 other states.

Administrative Rules
NR 445 – Air Emissions from Agricultural Waste. The Wisconsin legislature has temporarily suspended the DNR rules which would impose air emissions limitations and air permitting requirements on Wisconsin livestock farms. NR 445, establishes acceptable ambient air concentrations for ammonia for air emissions from agricultural waste (livestock manure, animal waste byproducts, litter and bedding) and NR 406 and 407 impose air permitting requirements associated with those limitations.  Without the action by the legislature’s Joint Committee for Review of Administrative Rules (JCRAR) this spring, led by Representative Jim Ott (R-Mequon) and Senator Leah Vukmir (R-Wauwatosa), these rules would have gone into effect for Wisconsin farmers on August 1, 2011.  Fortunately, that timeline has been extended, but the future for Wisconsin farmers is uncertain.  The legislature has introduced legislation (AB 195 / SB 132) to make this exemption permanent.  The current suspension of the rule will expire at the end of the current legislative session without additional legislative action.  WCA continues to work on this issue.

ATCP 50 – Technical Standards for Implementation of Nonpoint Source Pollution Program. At the end of the last session, the DNR finished promulgating new performance standards for nonpoint source discharges of Phosphorus and Nitrogen.  Now, the DATCP must promulgate the “technical” or “conservation” standards that farmers will use to meet those new performance standards.  WCA expects to see movement on this rule by DATCP in the second half of 2011.

ATCP 51 – Technical Revision of Livestock Facility Siting Rule. As is required by law, the DATCP is engaged in a mandatory technical review of Wisconsin’s livestock facility siting law, ATCP 51.  This technical review is required every 4 years.  The DATCP put together an advisory committee in 2010 to review the rule, but, the status of their work remains unclear. WCA expects the new DATCP to tackle this rulemaking in a more targeted manner in late 2011 or early 2012.

NR 850 & 856 – Water Use Registration & Reporting.  The State of Wisconsin embarked on the creation of a new statewide water use registration and reporting system as a part of its enactment of the Great Lakes Compact.  If you have a water supply system that meets certain criteria, you may have recently received a notice from the DNR indicating that you have an obligation to register, report and remit a water use fee to the DNR.  These requirements are part of two new administrative rules, NR 850, Water Use Fees, and NR 856, Water Use Registration and Reporting, which became effective in January 2011.  NR 856, requires every person, statewide, who has a “water use system” with the capacity to withdraw more than 100,000 gallons of water per day (i.e., 70 gallons per minute) in any 30 day period to register their water withdrawal with the Wisconsin Department of Natural Resources (WDNR).  In addition, they must annually report their actual monthly withdrawal amounts to the WDNR. This requirement applies to both surface water and groundwater withdrawals. Under NR 850, every person, statewide, who has a water use system with the capacity to withdraw more than “100,000 gallons [of water] per day or more in any 30-day period” is required to pay an annual fee of $125.  This fee applies regardless of whether 100,000 gallons is actually withdrawn and applies uniformly across the state to anyone who meets the capacity threshold.