AB930: Bill Text

LRB-5097/1

MES&PEN:kmg:lp

1997 - 1998 LEGISLATURE

1997 Assembly BILL 930

March 19, 1998 - Introduced by Representatives Bock, Baldwin, Baumgart, Black, Gronemus, J. Lehman, Turner and R. Young, cosponsored by Senators Risser and Burke. Referred to Joint committee on Finance.

AB930,1,6 An Act to repeal 16.966 (5); to amend 15.01 (4), 15.01 (4) and 16.023 (3); and to create 16.023 (1) (n), 16.023 (1m), 16.966 (5), 20.505 (1) (z), 25.40 (2) (b) 20e., 59.69 (3m), 60.61 (3s) and 62.23 (5m) of the statutes; relating to: land use planning grants for local governments and nonprofit organizations, requiring local units of government to adopt a land use plan, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Under this bill, a city, village, town, or county (political subdivision), a regional planning commission (RPC) or a nonprofit organization may apply for a land use planning grant to the department of administration (DOA). A grant to a political subdivision or RPC is to be used to reimburse the political subdivision or RPC for the costs it incurs in developing a comprehensive land use plan or to fund a land use planning project that is described in the application. A grant to a nonprofit organization is to be used to reimburse the organization for the costs it incurs in developing a comprehensive land use plan, which shall be provided to a political subdivision or RPC that is identified in its application.

The bill appropriates $3,100,000 from the transportation fund for the purpose of making the land use planning grants.

The bill defines a "comprehensive land use plan" as a plan that contains or addresses a number of specified elements, including the following:

1. A vision statement that expresses a community identity.

2. Transportation, land use, housing and historic preservation issues.

3. Economic development and energy issues.

4. Intergovernmental coordination and cooperation issues.

5. Environmental quality protection issues, including air quality, water quality and wildlife habitat quality.

6. Infrastructure issues.

7. Open spaces issues.

A political subdivision's, RPC's or nonprofit organization's application to DOA is required to certify a number of elements, including certification that the applicant will develop a comprehensive land use plan, that the plan will substantially meet a number of land use planning goals that are created in the bill and that the applicant will deliver a comprehensive land use plan to the Wisconsin land council not later than one year after receiving provisional or final certification from DOA that DOA believes, based on the application, that the applicant has a reasonable likelihood of successfully developing a comprehensive land use plan and that the plan will substantially meet a number of land use planning goals. The land use planning goals, which are created in the bill, include the following:

1. The promotion of the redevelopment of existing lands.

2. The encouragement of neighborhood designs that support a range of transportation and lifestyle choices.

3. The protection of natural resources and productive areas, such as farms.

4. Seeking of a range of housing choices.

If DOA provisionally certifies a political subdivision or a RPC, DOA must set aside money for the grant. If DOA certifies a nonprofit organization, DOA must award the grant to the applicant. DOA is then required to forward the applications of applicants who are awarded provisional certification or grants to the Wisconsin land use council for the council's review.

The council is required to review the applications and to notify DOA of one of the following determinations:

1. The applicant's land use plan substantially meets all of the land use planning goals that are created in the bill. In such a case, the applicant is an "eligible applicant".

2. The council does not receive the applicant's land use plan.

3. The council does receive the plan, but the plan is inadequate, fails to meet the required goals or was not presented to the appropriate political subdivision or RPC.

In the case of an eligible applicant, DOA is required to release the land use planning grant to the applicant. If the council notifies DOA that a plan received from a nonprofit organization is inadequate, fails to meet the required goals or was not presented to the appropriate political subdivision or RPC, DOA must demand repayment of the grant from the nonprofit organization and the organization must repay to DOA the amount of the grant that was awarded.

Under the bill, DOA is required to promulgate rules to further define a comprehensive land use plan, to further develop appropriate land use goals and to further develop grant application criteria for nonprofit organizations.

The bill also requires a political subdivision to adopt a comprehensive land use plan, as defined in the bill, not later than January 1, 2005. The grant program created in the bill sunsets on September 1, 2003. Under current law, the land use council does not exist after August 31, 2003.

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:

AB930, s. 1 Section 1. 15.01 (4) of the statutes is amended to read:

AB930,3,10 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers and duties specified in s. 16.023, the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

AB930, s. 2 Section 2 . 15.01 (4) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB930,4,4 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers and duties specified in s. 16.023, the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

AB930, s. 3 Section 3. 16.023 (1) (n) of the statutes is created to read:

AB930,4,8 16.023 (1) (n) Certify eligible applicants and review the applications of nonprofit applicants under sub. (1m) (b) who apply for land use planning grants under s. 16.966 (5), using the criteria under sub. (1m) (a).

AB930, s. 4 Section 4. 16.023 (1m) of the statutes is created to read:

AB930,4,15 16.023 (1m) (a) After receiving an applicant's application for a land use planning grant from the department under s. 16.966 (5) (c) and after receiving the applicant's comprehensive land use plan, the council shall review the application and the plan to determine whether the applicant's land use plan substantially meets all of the following land use planning goals, to the extent that such goals are applicable:

AB930,4,16 1. Promotion of the redevelopment of existing urban lands.

AB930,4,18 2. Encouragement of neighborhood designs that support a range of transportation and lifestyle choices.

AB930,4,20 3. Discouragement of land uses that impose disproportionately high public service costs or that diminish the value of adjacent lands.

AB930,4,22 4. Protection of natural areas, including wetlands, wildlife habitats, lakes and woodlands, and groundwater resources.

AB930,4,23 5. Protection of productive areas, including farmland and forests.

AB930,4,24 6. Preservation of cultural, historic and archaeological sites.

AB930,5,2 7. Staging of growth to match public service and infrastructure capacities with projected demand.

AB930,5,4 8. Encouragement of coordination and cooperation among nearby units of government.

AB930,5,6 9. Building of community identity by maintaining physical separation between urban areas, revitalizing main streets and enforcing design standards.