What The Wisconsin Budget-Writing Committee Did To The State's Environment

Thanks to the Wisconsin League of Conservation Voters for this detailed compendium (maybe other advocacy coalitions or groups -- justice, education, transportation, local governments - - et al could produce the same resources for the rest of us?):

June 6, 2011    Jennifer Giegerich, WLCV Legislative Director (608) 661-0845, jennifer@conservationvoters.org

Joint Finance Committee Action on the Wisconsin State Budget 2011-2012
Positions of Conservation Budget Coalition

Clean Wisconsin, Madison Audubon Society, Midwest Environmental Advocates, Milwaukee Riverkeeper, River Alliance of Wisconsin, Sierra Club—John Muir Chapter, Wisconsin Audubon Council, Wisconsin Environment, Wisconsin League of Conservation Voters

Wisconsin’s state budget is one of the best indicators of our state’s conservation values. In general, a pro-conservation budget should:

•    Protect public health and our natural resources as opposed to making it easier for polluters to cut corners and put more toxins into our air, water, and land.

•    Keep information transparent and the public informed every step of the way about their exposure to pollution and changes being made to popular programs.

•    Do not raid funds that are collected for specific purposes to fund other programs in the budget.

•    Keep non-fiscal policy changes that weaken natural resources and public health protections out of the budget.

o Promote practices and programs that prevent environmental pollution in the first place.

As introduced, Governor Walker’s budget (SB 27/AB40) is a serious attack on natural resource and public health protections in Wisconsin and does not meet the qualifications above. The Joint Finance Committee, for the most part, left the most anti-conservation policies from the Governor’s budget intact.

Policy items that have no fiscal impact on the state budget and should be removed.

Because the items below are policy changes that have absolutely no fiscal impact for the state budget, they should be removed.

1. Changes to Water Quality Permitting and Standards: Wisconsin implements and enforces the Clean Water Act to protect public health and our natural resources. This version of the budget introduces sweeping changes to clean water enforcement and limits public information about water pollution. Collectively these changes mean that more pollution will be dumped into our waterways and citizens will have fewer tools to challenge these decisions.

Non-fiscal policy changes include:

o Directing the DNR to repeal and rewrite nonpoint pollution rules. Polluted storm water runoff affects 40% of the state’s rivers and streams and 90% of the state’s lakes. A significant rewrite of Wisconsin’s rules to reduce polluted runoff, NR 151, was approved less than a year ago following broad public input and support, and specifically providing flexibility for municipalities to comply. Repealing NR 151 negates years of work, discounts public input, and threatens to roll back years of improvements in storm water control across the state.

On March 31, Governor Walker introduced language to clarify that only the stormwater control requirements for cities, the source of many dangerous pollutants, would be eliminated.

Joint Finance Committee Action: JFC amended Gov. Walker’s budget to only apply to Total Suspended Solids in urban areas (Motion #298).

o Directing the DNR to rescind EPA-approved limits for phosphorus in wastewater, and preventing Wisconsin from setting phosphorus limits that are more protective than neighboring states. Phosphorus is the leading cause of algae growth in waterways, impacting tourism, and businesses dependent on tourism, recreational opportunities, public health and property values. Wisconsin approved rules to control phosphorus, also with broad public input and support, less than a year ago, while neighboring states have not.

On March 31, Governor Walker introduced language that, instead of changing the limits in for phosphorus in wastewater, delays application of the EPA-approved Limits for phosphorus runoff and discharges into waterways.Joint Finance Committee Action: JFC repealed Gov. Walker’s budget provision. The legislature will take up separate legislation to address the issue after the budget (Budget Paper # 489, Alternative 4).

o Giving polluters that are not meeting public health standards an additional two years to comply with the Clean Water Act. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

o Allowing polluters to request that they be exempt from pollution standards in their permit before the DNR even issues the permit to the polluter. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

o Allowing the DNR to cut the public out of the initial stages of the permit process and removing the requirement that the DNR inform the public if changes are made to pollution permit until after those changes are finalized. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

o Moving enforcement of commercial construction site erosion out of DNR and over to the newly created Department of Safety and Professional Services, which has no experience in water quality enforcement. Erosion from construction sites is the primary cause of sediments in waterways, and violations of erosion control rules at commercial sites went unchecked when it was under Department of Commerce oversight. Pulling oversight from DNR is a step backward in controlling sediments in waterways. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

o Increasing the interest rate for Clean Water Fund Program loans to communities in dire need of upgrades to their wastewater infrastructure. Aging and out of date wastewater systems are a statewide problem, leaking wastewater into groundwater and overflowing untreated wastewater into waterways. An increase in interest rate for these badly needed loans will render many projects too expensive for local communities. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

o Joint Finance Committee Action: Requires DNR to prepare an economic impact analysis for phosphorus and shoreland zoning rules (Motion #298).

o Repealing the state law that requires local governments to implement recycling programs.
Joint Finance Committee Action: JFC restored residential recycling requirements in Wisconsin.

o Changing the recycling enforcement law so that it only applies to individuals, not to corporations or any government agencies. Joint Finance Committee Action: JFC restored the requirement that recycling also applied to corporations and government agencies.

3. Changes to How Stewardship Funds May Be Spent: The Stewardship Program helps protect Wisconsin lands utilized and treasured by residents and visitors alike. The Stewardship Fund also protects many of the natural resources on which our $13 billion tourism, $22 billion forestry and $ 4 billion hunting and fishing industries depend. While the Governor kept the current $86 million funding levels, numerous changes to how that money can be spent undermine the effectiveness and popularity of the program and may even make the program unusable in many communities. Non-fiscal policy changes include:

o Eliminating payments in lieu of taxes (PILT)to local municipalities for land purchased by the DNR after the bill's effective date, which sets up potential conflicts between the state and local communities. Joint Finance Committee Action: JFC restored the ability to use Stewardship Funds for PILT payments (Motion #265).

o Prohibiting the acquisition of conservation easements, even if a right of first refusal is negotiated as part of the deals. These changes include non-forestry conservation easements over 5 acres even if they provide full public access for hunting, trapping, fishing, etc., and stream bank easements, which have been vitally important along trout streams.
Joint Finance Committee Action: JFC restored the ability to use Stewardship Funds for conservation easements (Motion #265).

o Decreasing the threshold for pre-purchase review by the Legislature's Joint Finance Committee from $750,000 to $250,000. This further delays an already
onerous grants process. Stewardship grants currently can take over 54 weeks to complete and this could add additional weeks to the process.
Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

o Joint Finance Committee Action: JFC changed the Stewardship Program so that the DNR will be unable to spend unused bonding from one year in the following fiscal year (Motion #265).

o Joint Finance Committee Action: JFC reduced DNR’s bonding authority for the Stewardship Program from $86 million to $60 million a year through fiscal year 2019-2020 (Motion #265).

4.Restructures the Transportation Budget to Remove Public Transit: Our economy depends on a comprehensive transportation system that not only builds and maintains roads, but also that supports and develops public transportation options. Governor Walker’s budget moves public transit out of the transportation fund and into the general fund where it will have to compete with other non-transportation programs for money. The Governor’s proposal will make the General Fund deficit $107 million bigger, while adding $107 million to the Transportation Fund.

Joint Finance Committee Action: JFC returned mass transit programs to the transportation fund (Motion #352).

5. Undermines Environmental Education: Governor Walker’s budget eliminates the Environmental Education Consultant position at the Department of Public Instruction, which was paid for with segregated fees out of the Normal School Fund. The Environmental Consultant provides state level leadership to PK-12 districts with priorities in curriculum, instruction, and assessment in environmental science and environmental education for teacher development and training. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

Programs that were eliminated or zeroed out and had funding raided

These programs have existing sources of revenue that covered the full cost of the programs. Many of the programs were eliminated in statute but their funding streams maintained and funneled to other non-specific programs.

1.    Local Government Recycling Programs: Under current law, $32.1 million is allocated to local governments to offset the costs of curbside recycling programs. The program is funded through tipping fees, the money paid on each ton of trash that is dumped into our landfills. Tipping fees are expected to generate approximately $75.8 million this biennium. Governor Walker’s budget eliminates the local recycling grant program and raids that money for Wisconsin Economic Development Corporation. Joint Finance Committee Action: JFC restored $19 million a year for local recycling programs (Motion # 440).

2.    Renewable Energy Grants and Loans Program: This program awards grants and loans to state companies to develop the next generation of technologies that can be used to grow green energy businesses and put Wisconsinites to work. This program was also funded
through the tipping fee. Governor Walker’s budget eliminates the Renewable Energy Grants and Loans program and directs its $29.70 million to the Wisconsin Economic Development Corporation. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

3.    Green to Gold Revolving Loan Program: Green to Gold is a revolving loan program for manufacturers that allows Wisconsin industries to lower their energy costs, making them more energy efficient by retrofitting their plants. By eliminating the Green to Gold Program and reabsorbing its money into Focus on Energy to make one-time grants, fewer companies will have the ability to become more energy efficient, implement renewable energy measures into their plants, or retool their existing facilities to manufacture products that expand or establish domestic clean energy manufacturing operations. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

4.    Brownfields/Toxic Waste Clean-Up: The Brownfield Site Assessment and Green Space grants are a DNR financial tool that helps local governments conduct initial activities and investigations at properties with known or suspected environmental contamination. This program was funded through a $9 Vehicle Environmental Impact Fee that was deposited into the environmental management account.

Governor Walker’s budget would eliminate the funding for the Brownfields Site Assessment and Green Space grants, renames the $9 fee the ‘Vehicle Title Fee” and transfers the revenue to the transportation fund. Joint Finance Committee Action:

JFC voted to eliminate the Green Space grants. JFC did restore the Brownfields Site Assessment grants but transferred the program from DNR to the Wisconsin Economic Development Corporation. $1 million was allocated for the program (Motion # 440).

5. Bicycle and Pedestrian Facilities Program: Wisconsin has worked to create and improve bicycle and pedestrian facilities in Wisconsin. Ongoing and past assistance has a major impact on the state's ability to provide safe and quality bicycling and walking options. Wisconsin has provided $2.5 million a year towards that effort. Governor Walker’s budget would eliminate funding for this program in the budget, which could impact 25 projects around the state.

Joint Finance Committee Action: JFC voted to provide an additional $1 million a year for the program with federal funding (Motion #352).

Programs that were completely eliminated

These programs were created to invest in Wisconsin’s natural resources so that they will be maintained for future economic and recreational use. The elimination of these programs rather than simply reducing funding levels in this budget cycle is short-sighted.

1.    Office of Energy Independence: The Office of Energy Independence is committed to supporting Wisconsin’s goal of generating 25% of its electric power and transportation fuels from renewable resources by 2025, decreasing reliance on fossil fuels and increasing renewable fuel production and consumption. Folding this office into the Department of Administration will have a chilling effect on the State’s commitment to energy independence.
Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

2.    Working Lands Initiative/Farmland Preservation: Wisconsin loses on average 22,000 acres of farmland annually. From 2002-2007, Wisconsin was fourth in the nation in prime farmland converted to development. The Working Lands Initiative preserves farmland for future generations. Governor Walker’s budget eliminates several key provisions essential to making the program successful. These provisions are:

o Eliminates the Purchase of Agricultural Conservation Easements (PACE) program, which provided $12 million in general bonding authority to allow DATCP to enter into voluntary easements with owners of agricultural land to preserve the land for future agricultural production. Joint Finance Committee Action: JFC restored the PACE program in statute but did not fund the program for 2011-2012. 2010 contracts will be paid with Stewardship funds (Motion #222).

o Repeals the conversion fee paid by persons requesting to develop farmland that had been zoned to be protected from development. The conversion fee has been around for decades and is an important deterrent to development of the very best farmland in the state. The conversion fee only applies to land in a farmland preservation zoning district. The fee brought in $2.225 million for farmland preservation programs. Joint Finance Committee Action: JFC did not restore conversion fees but stated that any fees that may be collected in 2011 before enactment of the budget should be used by communities for farmland preservation (Motion #464).

Programs in the budget that protect Wisconsin’s natural resources as they were proposed

These programs protect Wisconsin’s natural resources and are critical to maintain.

1. Targeted Runoff Management Bonding: This program provides cost-share to farmers to invest in tools to prevent nonpoint source water pollution.    Governor Walker’s budget provides $7 million in bond revenue for the program. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

2. Urban Non-point and Storm Water Management: This program provides support for existing developments to reduce pollution from storm water discharges and runoff from parking lots and other areas. Governor Walker’s budget provides $6 million in bond revenue for the program.Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

3. Contaminated Sediment Removal Bonding: This program helps to clean up contaminated sediment in Lake Michigan and Lake Superior. Governor Walker’s budget provides $5 million in bond revenue for the program. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.

4. Dam Safety: This program provides matching grants to local communities to repair or remove dams that have been abandoned or could pose public safety threats. Governor Walker’s budget provides $4 million in bond revenue for the program. Joint Finance Committee Action: No Changes to Gov. Walker’s budget.