AB40,892,1514 Subchapter VII
15Recycling Economic development surcharge
AB40, s. 2185 16Section 2185. 77.93 (intro.) of the statutes is amended to read:
AB40,892,19 1777.93 Applicability. (intro.) For the privilege of doing business in this state,
18there is imposed a recycling an economic development surcharge on the following
19entities:
AB40, s. 2186 20Section 2186. 77.96 (6) of the statutes is amended to read:
AB40,892,2221 77.96 (6) The department of revenue shall refer to the surcharge under this
22subchapter as the recycling economic development surcharge.
AB40, s. 2187 23Section 2187. 77.97 of the statutes is amended to read:
AB40,893,3
177.97 Use of revenue. The department of revenue shall deposit the
2surcharge, interest and penalties collected under this subchapter in the recycling
3and renewable energy
economic development fund under s. 25.49.
AB40, s. 2188 4Section 2188. 79.01 (2d) of the statutes is amended to read:
AB40,893,105 79.01 (2d) There is established an account in the general fund entitled the
6"County and Municipal Aid Account." Beginning with the distributions in 2011, the
7The total amount to be distributed each year in 2011 to counties and municipalities
8from the county and municipal aid account is $824,825,715 and the total amount to
9be distributed to counties and municipalities in 2012, and in each year thereafter,
10from the county and municipal aid account is $728,825,715
.
AB40, s. 2189 11Section 2189. 79.02 (3) (e) of the statutes is amended to read:
AB40,893,1712 79.02 (3) (e) For the distribution in 2004 and subsequent years, the total
13amount of the November payments to each county and municipality under s. 79.035
14shall be reduced by an amount equal to the amount of supplements paid from the
15appropriation accounts under s. 20.435 (4) (b) and (gm) that the county or
16municipality received for the fiscal year in which a payment is made under this
17section, as determined under s. 49.45 (51).
AB40, s. 2190 18Section 2190. 79.02 (5) of the statutes is created to read:
AB40,893,2219 79.02 (5) (a) For the distribution in 2012, the total amount of the payments to
20all municipalities from the county and municipal aid account shall be reduced by
21$59,500,000 and the total amount of the payments to all counties from the county and
22municipal aid account shall be reduced by $36,500,000.
AB40,894,423 (b) 1. To calculate the reduction under this subsection for each municipality, the
24department of revenue shall first divide $59,500,000 by the total population of all
25municipalities. The department shall then adjust the result of the calculation to

1establish a per capita amount applied to all municipalities so that the reduction for
2each municipality is no more than the maximum allowable reduction under this
3subsection for that municipality and so that the total reductions to county and
4municipal aid payments for municipalities under this subsection is $59,500,000.
AB40,894,115 2. To calculate the reduction under this subsection for each county, the
6department of revenue shall first divide $36,500,000 by the total population of all
7counties. The department shall then adjust the result of the calculation to establish
8a per capita amount applied to all counties so that the reduction for each county is
9no more than the maximum allowable reduction under this subsection for that
10county and so that the total reductions to county and municipal aid payments for
11counties under this subsection is $36,500,000.
AB40,894,1912 (c) The reduction for a municipality that has a population of less than 2,500 is
13the amount calculated by multiplying the amount determined under par. (b) 1. by the
14municipality's population, multiplied by the quotient of the municipality's
15population divided by 2,500, except that the reduction determined under this
16paragraph may not exceed the lesser of an amount equal to 50 percent of the
17municipality's payment from the county and municipal aid account in 2011 or 10
18cents for each $1,000 of the municipality's equalized value, as determined under s.
1970.57.
AB40,894,2320 (d) 1. The reduction for a municipality that has a population of at least 2,500,
21but no greater than 10,000, is the amount equal to 10 cents for each $1,000 of the
22municipality's equalized value, as determined under s. 70.57, plus the amount
23determined as follows:
AB40,894,2524 a. Multiply the amount determined under par. (b) 1. by the municipality's
25population.
AB40,895,1
1b. Subtract 2,500 from the municipality's population.
AB40,895,22 c. Divide the number determined under subd. 1. b. by 7,500.
AB40,895,43 d. Multiply the number determined under subd. 1. a. by the number
4determined under subd. 1. c.
AB40,895,85 2. The reduction determined under this paragraph may not exceed the lesser
6of an amount equal to 50 percent of the municipality's payment from the county and
7municipal aid account in 2011 or 15 cents for each $1,000 of the municipality's
8equalized value, as determined under s. 70.57.
AB40,895,129 (e) 1. The reduction for a municipality that has a population greater than
1010,000, but no greater than 50,000, is the amount equal to 15 cents for each $1,000
11of the municipality's equalized value, as determined under s. 70.57, plus the amount
12determined as follows:
AB40,895,1413 a. Multiply the amount determined under par. (b) 1. by the municipality's
14population.
AB40,895,1515 b. Subtract 10,000 from the municipality's population.
AB40,895,1616 c. Divide the number determined under subd. 1. b. by 40,000.
AB40,895,1817 d. Multiply the number determined under subd. 1. a. by the number
18determined under subd. 1. c.
AB40,895,2219 2. The reduction determined under this paragraph may not exceed the lesser
20of an amount equal to 50 percent of the municipality's payment from the county and
21municipal aid account in 2011 or 25 cents for each $1,000 of the municipality's
22equalized value, as determined under s. 70.57.
AB40,896,223 (f) 1. The reduction for a municipality that has a population greater than
2450,000, but no greater than 110,000, is the amount equal to 25 cents for each $1,000

1of the municipality's equalized value, as determined under s. 70.57, plus the amount
2determined as follows:
AB40,896,43 a. Multiply the amount determined under par. (b) 1. by the municipality's
4population.
AB40,896,55 b. Subtract 50,000 from the municipality's population.
AB40,896,66 c. Divide the number determined under subd. 1. b. by 60,000.
AB40,896,87 d. Multiply the number determined under subd. 1. a. by the number
8determined under subd. 1. c.
AB40,896,129 2. The reduction determined under this paragraph may not exceed the lesser
10of an amount equal to 50 percent of the municipality's payment from the county and
11municipal aid account in 2011 or 30 cents for each $1,000 of the municipality's
12equalized value, as determined under s. 70.57.
AB40,896,2013 (g) The reduction for a municipality that has a population greater than 110,000
14is the lesser of an amount equal to 50 percent of the municipality's payment from the
15county and municipal aid account in 2011 or 30 cents for each $1,000 of the
16municipality's equalized value, as determined under s. 70.57, plus an amount equal
17to the municipality's population multiplied by the amount determined under par. (b)
181., except that the reduction determined under this paragraph may not exceed an
19amount equal to 35 cents for each $1,000 in equalized value, as determined under
20s. 70.57.
AB40,896,2521 (h) The reduction for a county is the amount determined under par. (b) 2.
22multiplied by the county's population, except that the reduction determined under
23this paragraph may not exceed the lesser of an amount equal to 50 percent of the
24county's payment from the county and municipal aid account in 2011 or $0.15 for
25each $1,000 of the county's equalized value, as determined under s. 70.57.
AB40, s. 2191
1Section 2191. 79.035 (1) of the statutes is amended to read:
AB40,897,62 79.035 (1) In 2004 and subsequent years, except as provided under s. 79.02 (4)
3and (5), each county and municipality shall receive a payment from the county and
4municipal aid account and, beginning with payments in November 2009, from the
5appropriation accounts under s. 20.835 (1) (q) and (r) in an amount determined under
6sub. (2).
AB40, s. 2192 7Section 2192. 79.04 (7) (a) of the statutes is amended to read:
AB40,897,188 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as
9described in sub. (6) (a), other than a nuclear-powered production plant, is built on
10the site of, or on a site adjacent to, an existing or decommissioned production plant;
11or is built on a site purchased by a public utility before January 1, 1980, that was
12identified in an advance plan as a proposed site for a production plant; or is built on,
13or on a site adjacent to, brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a),
142009 stats., after December 31, 2003, and has a name-plate capacity of at least one
15megawatt, each municipality and county in which such a production plant is located
16shall receive annually from the public utility account a payment in an amount that
17is equal to the number of megawatts that represents the production plant's
18name-plate capacity, multiplied by $600.
AB40, s. 2193 19Section 2193. 79.043 (6) of the statutes is amended to read:
AB40,897,2320 79.043 (6) For the distribution in 2011 and subsequent years, each county and
21municipality shall receive a payment under this section and s. 79.035 that is equal
22to the amount of the payment determined for the county or municipality under s.
2379.02 (4) in 2010.
AB40, s. 2194 24Section 2194. 79.043 (7) of the statutes is created to read:
AB40,898,4
179.043 (7) For the distribution in 2012 and subsequent years, each county and
2municipality shall receive a payment under this section and s. 79.035 that is equal
3to the amount of the payment determined for the county or municipality under s.
479.02 (5) for 2012.
AB40, s. 2195 5Section 2195. 79.05 (1) (am) of the statutes is amended to read:
AB40,898,106 79.05 (1) (am) "Inflation factor" means a percentage equal to the average
7annual percentage change in the U.S. consumer price index for all urban consumers,
8U.S. city average, as determined by the U.S. department of labor, for the 12 months
9ending on September 30 of the year before the statement under s. 79.015, except that
10the percentage under this paragraph shall not be less than 3 percent zero.
AB40, s. 2196 11Section 2196. 84.01 (6m) (b) (intro.) of the statutes is amended to read:
AB40,898,1412 84.01 (6m) (b) (intro.) The department, in consultation with the department
13of commerce
Wisconsin Economic Development Corporation, shall do all of the
14following for each economic development program administered by the department:
AB40, s. 2197 15Section 2197. 84.01 (11m) (title) of the statutes is amended to read:
AB40,898,1716 84.01 (11m) (title) Economic development assistance coordination and
17reporting.
AB40, s. 2198 18Section 2198. 84.01 (11m) of the statutes is renumbered 84.01 (11m) (b) and
19amended to read:
AB40,899,220 84.01 (11m) (b) Annually, no later than October 1, the department shall submit
21to the joint legislative audit committee and to the appropriate standing committees
22of the legislature under s. 13.172 (3) a comprehensive report assessing economic
23development programs, as defined in sub. (6m) (a), administered by the department.
24The report shall include all of the information required under s. 560.01 (2) (am)
25238.07 (2). The department shall collaborate with the department of commerce

1Wisconsin Economic Development Corporation to make readily accessible to the
2public on an Internet-based system the information required under this subsection.
AB40, s. 2199 3Section 2199. 84.01 (11m) (a) of the statutes is created to read:
AB40,899,54 84.01 (11m) (a) The department shall coordinate any economic development
5assistance with the Wisconsin Economic Development Corporation.
AB40, s. 2200 6Section 2200. 84.01 (13) of the statutes is renumbered 84.01 (13) (b) and
7amended to read:
AB40,899,198 84.01 (13) (b) The department may engage such engineering, consulting,
9surveying, or other specialized services as it deems advisable. Any engagement of
10services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and
1116.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement.
12Any engagement involving an expenditure of $3,000 or more shall be by formal
13contract approved by the governor. The department shall conduct a uniform
14cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under
15this subsection that involves an estimated expenditure of more than $25,000 in
16accordance with standards prescribed by rule of the department. The department
17shall review periodically, and before any renewal, the continued appropriateness of
18contracting pursuant to each engagement under this subsection that involves an
19estimated expenditure of more than $25,000.
AB40, s. 2201 20Section 2201. 84.01 (33) (c) of the statutes is repealed.
AB40, s. 2202 21Section 2202. 84.013 (1) (a) (intro.) of the statutes is amended to read:
AB40,899,2522 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project
23providing an approach to a bridge over a river that forms a boundary of the state or
24a southeast Wisconsin freeway rehabilitation project under s. 84.014, which
25megaproject under s. 84.0145, that satisfies any of the following:
AB40,900,2
11m. The project has a total cost of more than $5,000,000 $30,000,000, subject
2to adjustment under sub. (2m),
and which involves any of the following:
AB40, s. 2203 3Section 2203. 84.013 (1) (a) 1. of the statutes is renumbered 84.013 (1) (a) 1m.
4a.
AB40, s. 2204 5Section 2204. 84.013 (1) (a) 2. (intro.), a. and b. of the statutes are
6consolidated, renumbered 84.013 (1) (a) 1m. b. and amended to read:
AB40,900,107 84.013 (1) (a) 1m. b. Reconstructing or reconditioning an existing highway by
8either of the following: a. Relocating relocating 2.5 miles or more of the existing
9highway. b. Adding or adding one or more lanes 5 miles or more in length to the
10existing highway.
AB40, s. 2205 11Section 2205. 84.013 (1) (a) 2m. of the statutes is created to read:
AB40,900,1312 84.013 (1) (a) 2m. The project has a total cost of more than $75,000,000, subject
13to adjustment under sub. (2m).
AB40, s. 2206 14Section 2206. 84.013 (1) (a) 3. of the statutes is renumbered 84.013 (1) (a) 1m.
15c.
AB40, s. 2207 16Section 2207. 84.013 (2) (a) of the statutes is amended to read:
AB40,900,1917 84.013 (2) (a) Subject to ss. 84.014 (6) (b), 84.555, and 86.255, major highway
18projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and
19(ct) and (4) (jq) and 20.866 (2) (ur) to (uum) and (uus).
AB40, s. 2208 20Section 2208. 84.013 (2) (b) of the statutes is amended to read:
AB40,900,2421 84.013 (2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and
22subject to s. ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction and
23resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3)
24(cq) to (cx) and 20.866 (2) (uur) and (uut).
AB40, s. 2209 25Section 2209. 84.013 (2m) of the statutes is created to read:
AB40,901,10
184.013 (2m) The department shall annually adjust the amounts specified in
2sub. (1) (a) 1m. and 2m. to reflect the annual change in the Wisconsin Department
3of Transportation Price Index, Yearly Moving Average, as maintained by the
4department or, if at any time the department no longer maintains this index, another
5suitable index as determined by the department. Beginning in 2012, prior to October
61 of each year, the department shall compute the annual adjustment required under
7this subsection and shall publish the new adjusted amount applicable under sub. (1)
8(a) 1m. and 2m., which amount shall become effective on October 1 of that year. The
9department may not adjust the amounts specified in sub. (1) (a) 1m. and 2m. to an
10amount less than that specified in sub. (1) (a) 1m. and 2m.
AB40, s. 2210 11Section 2210. 84.013 (3) (ad) of the statutes is created to read:
AB40,901,1312 84.013 (3) (ad) Notwithstanding s. 13.489 (4) (c), any project approved by the
13transportation projects commission under s. 13.489 (4m) (b).
AB40, s. 2211 14Section 2211. 84.013 (3) (bd) of the statutes is created to read:
AB40,901,1615 84.013 (3) (bd) I 39/90 extending approximately 45 miles from USH 12/18 in
16Dane County to the Illinois-Wisconsin state line in Rock County.
AB40, s. 2212 17Section 2212. 84.013 (3) (bh) of the statutes is created to read:
AB40,901,1918 84.013 (3) (bh) STH 38 extending approximately 9 miles from CTH "K" in
19Racine County to Oakwood Road in Milwaukee County.
AB40, s. 2213 20Section 2213. 84.013 (3) (bp) of the statutes is created to read:
AB40,901,2221 84.013 (3) (bp) USH 10 and USH 10/STH 441 extending approximately 5 miles
22from CTH "CB" in Winnebago County to Oneida Street in Calumet County.
AB40, s. 2214 23Section 2214. 84.013 (3) (bt) of the statutes is created to read:
AB40,901,2524 84.013 (3) (bt) STH 15 extending approximately 11 miles from STH 76 to USH
2545, near New London, in Outagamie County.
AB40, s. 2215
1Section 2215. 84.013 (4) (a) of the statutes is amended to read:
AB40,902,62 84.013 (4) (a) Subject to s. 13.489 (1m), in preparation for future major highway
3projects, the department may perform preliminary engineering and design work and
4studies for possible major highway projects not listed under sub. (3), but no major
5highway may be constructed unless the project is listed under sub. (3) or approved
6under sub. (6).
AB40, s. 2216 7Section 2216. 84.013 (9) of the statutes is amended to read:
AB40,902,138 84.013 (9) If the department, in consultation with the department of commerce,
9determines that a business development having a payroll exceeding $10,000,000 in
10a calendar year is being located within a 3-mile radius of the intersection of I 90 and
11Town Line Road in Rock County, the department shall construct an interchange
12funded from the appropriations under s. 20.395 (3) (cq) to (cx) off of I 90 to Town Line
13Road.
AB40, s. 2217 14Section 2217. 84.014 (2) of the statutes is amended to read:
AB40,902,1915 84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway
16rehabilitation projects, including the Marquette interchange reconstruction project
17and projects that involve adding one or more lanes 5 miles or more in length to the
18existing freeway, may be funded only from the appropriations under ss. 20.395 (3)
19(cr), (ct), (cw), and (cy) and 20.866 (2) (uum) and (uup).
AB40, s. 2218 20Section 2218. 84.014 (6) of the statutes is created to read:
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