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Bills from the 2019–20 session

Assembly Bill 190

Wetland mitigation banks, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and requiring the exercise of rule-making authority

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Apr 25, 2019

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 1, 2020: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes changes to requirements for wetland mitigation banks.

Under current law, the Department of Natural Resources must issue wetland general permits for discharges of dredged or fill material into certain wetlands and may require a person to apply for and obtain a wetland individual permit if DNR determines that conditions specific to the site require additional restrictions on the discharge in order to provide reasonable assurance that no significant adverse impacts to wetland functional values will occur. Under current law, before DNR may issue a wetland individual permit, it must require the restoration, enhancement, creation, or preservation of other wetlands to compensate for adverse impacts to a wetland resulting from the discharge, also known as mitigation.

Read the full summary

Under current law, there are three methods by which wetland mitigation may be accomplished: 1) purchasing credits from a mitigation bank located in this state;

2) participating in the in lieu fee subprogram; or 3) completing mitigation within the same watershed or within one-half mile of the site of the discharge. A mitigation bank is a system of accounting for wetland loss and compensation in which sites where wetlands are restored, enhanced, created, or preserved generate credits that may be applied or purchased in order to compensate for adverse impacts to other wetlands. Under current law, DNR must approve the establishment of a mitigation bank.

This bill changes the first method of wetland mitigation by limiting credit purchases to only a mitigation bank located in the same compensation search area as the wetland impacted by the discharge, if available. Under the bill, a compensation search area is an area that includes the geographic management unit of a wetland impacted by a discharge, the county of the impacted wetland, and the area within a 20-mile radius from the impacted wetland. Under the bill, a geographic management unit is one of the 22 statewide management units established by DNR based on the major river basins of the state. If no available mitigation bank is located in the same compensation search area as the wetland impacted by the discharge, the bill allows credit purchases to be made from a mitigation bank located within 50 miles of the wetland impacted by the discharge.

If no available mitigation bank is located within 50 miles of the impacted wetland, the bill allows credit purchases to be made from a mitigation bank in the same basin as the wetland impacted by the discharge, meaning the Lake Michigan Basin, the Lake Superior Basin, or the Mississippi River Basin. If no available mitigation bank is located in the same basin as the wetland impacted by the discharge, the bill allows credit purchases to be made from a mitigation bank anywhere in the state.

This bill requires DNR to establish by rule financial assurance requirements for the construction of mitigation projects by mitigation banks. The bill also establishes the means by which a mitigation bank that has not yet completed construction of a mitigation project and has not been approved by DNR (developing mitigation bank) may sell the credits that the mitigation bank estimates it will have once the mitigation project is complete. Under the bill, a developing mitigation bank may sell these credits if it is in compliance with DNR's financial assurance requirements and if it follows a specific schedule for release of the credits that is established in the bill.

Who's behind it

5 representatives are its ⁠. 3 are Republicans and 2 are Democrats.

6 more lawmakers ⁠.

See all 11 names

Authors (5)

Signed on in support (6)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 3 votes on this bill.

Assembly Committee on Environment vote on an amendment

Passed, 12 to 0 · Sep 12, 2019

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Environment, Ayes 12, Noes 0”. Official record · This vote on its own page

Assembly Committee on Environment vote on an amendment

Passed, 12 to 0 · Sep 12, 2019

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by Committee on Environment, Ayes 12, Noes 0”. Official record · This vote on its own page

Assembly Committee on Environment vote to recommend it

Passed, 9 to 3 · Sep 12, 2019

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by Committee on Environment, Ayes 9, Noes 3”. Official record · This vote on its own page

What happened

  1. Apr 1, 2020

    The session ended, and the bill died with it.

  2. Nov 7, 2019

    1 more representative signed on in support.

  3. Sep 12, 2019

    Sent to the Assembly Committee on Rules.

  4. Sep 12, 2019

    The committee voted to recommend passing it, 9 to 3.

  5. Aug 15, 2019

    The committee held a public hearing.

  6. Jun 11, 2019

    1 more representative signed on in support.

  7. Apr 25, 2019

    Sent to the Assembly Committee on Environment.

  8. Apr 25, 2019

    Introduced in the Assembly.

See the official record, word for word
  1. Apr 25, 2019 · Assembly

    Introduced by Representatives Tusler, Ohnstad, Sinicki, Kerkman and Mursau; cosponsored by Senators Wanggaard, Cowles, Wirch and Olsen

  2. Apr 25, 2019 · Assembly

    Read first time and referred to Committee on Environment

  3. Jun 11, 2019 · Assembly

    Representative Kitchens added as a coauthor

  4. Aug 5, 2019 · Assembly

    Assembly Substitute Amendment 1 offered by Representatives Tusler and Ohnstad

  5. Aug 15, 2019 · Assembly

    Public hearing held

  6. Aug 28, 2019 · Assembly

    Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Tusler and Ohnstad

  7. Sep 3, 2019 · Assembly

    Executive action taken

  8. Sep 12, 2019 · Assembly

    Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Environment, Ayes 12, Noes 0

  9. Sep 12, 2019 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by Committee on Environment, Ayes 12, Noes 0

  10. Sep 12, 2019 · Assembly

    Report passage as amended recommended by Committee on Environment, Ayes 9, Noes 3

  11. Sep 12, 2019 · Assembly

    Referred to committee on Rules

  12. Nov 5, 2019 · Assembly

    Placed on calendar 11-7-2019 by Committee on Rules

  13. Nov 7, 2019 · Assembly

    Representative McGuire added as a coauthor

  14. Nov 7, 2019 · Assembly

    Laid on the table

  15. Apr 1, 2020 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote