1999 Wisconsin Act 9

9,1630f Section 1630f. 66.46 (4m) (b) 2m. of the statutes is created to read:

66.46 (4m) (b) 2m. The requirement under subd. 2. that a vote by the board take place not less than 10 days nor more than 30 days after receiving a resolution does not apply to a resolution amending a project plan under sub. (4) (h) 1. if the resolution relates to a tax incremental district, the application for the redetermination of the tax incremental base of which was made in 1998, that is located in a village that was incorporated in 1912, has a population of at least 3,800 and is located in a county with a population of at least 108,000.

9,1630h Section 1630h. 66.46 (5) (bf) of the statutes is created to read:

66.46 (5) (bf) Notwithstanding the time limits in par. (b), if the city clerk of a city that created a tax incremental district in July 1997 files with the department of revenue, not later than May 31, 1999, the forms and application that were originally due on or before December 31, 1997, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 1997, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 1997, except that the department may not certify a value increment under par. (b) before 1999.

9,1630he Section 1630he. 66.46 (5) (c) of the statutes is amended to read:

66.46 (5) (c) If the city adopts an amendment to the original project plan for any district which includes additional project costs at least part of which will be incurred after the period specified in sub. (6) (am) 1., the tax incremental base for the district shall be redetermined, if sub. (4) (h) 2. or, 3. or 4. applies to the amended project plan, by adding to the tax incremental base the value of the taxable property that is added to the existing district under sub. (4) (h) 2. or, 3. or 4. or, if sub. (4) (h) 2. or, 3. or 4. does not apply to the amended project plan, under par. (b), as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under par. (b).

9,1630hh Section 1630hh. 66.46 (5) (ce) of the statutes is amended to read:

66.46 (5) (ce) If the city adopts an amendment, to which sub. (4) (h) 2. or, 3. or 4. applies, the tax incremental base for the district shall be redetermined, by adding to the tax incremental base the value of the taxable property that is added to the existing district under sub. (4) (h) 2. or, 3. or 4., as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under par. (b).

9,1630j Section 1630j. 66.46 (5) (cf) of the statutes is created to read:

66.46 (5) (cf) If the city adopts an amendment to a plan, to which sub. (4m) (b) 2m. applies, the tax incremental base for the district shall be redetermined by adding to the tax incremental base the value, as of January 1, 1998, of the taxable property that is added to the existing district under sub. (4) (h) 1.

9,1630k Section 1630k. 66.46 (6) (a) of the statutes is amended to read:

66.46 (6) (a) If the joint review board approves the creation of the tax incremental district under sub. (4m), positive tax increments with respect to a tax incremental district are allocated to the city which created the district for each year commencing after the date when a project plan is adopted under sub. (4) (g). The department of revenue shall not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under sub. (4) (d) to (f) have been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (4) (d) to (f) shall not be subject to review by the department of revenue under this paragraph. Thereafter, the department of revenue shall annually authorize allocation of the tax increment to the city that created such a district until the department of revenue receives a notice under sub. (8) and the notice has taken effect under sub. (8) (b), 27 years after the tax incremental district is created if the district is created before October 1, 1995, 38 years after the tax incremental district is created if the district is created before October 1, 1995, and the project plan is amended under sub. (4) (h) 3. or 4. or 23 years after the tax incremental district is created if the district is created after September 30, 1995, whichever is sooner.

9,1630ke Section 1630ke. 66.46 (6) (am) 2. c. of the statutes is created to read:

66.46 (6) (am) 2. c. Expenditures for project costs for Tax Incremental District Number Six in a city with a population of at least 45,000 that is located in a county that was created in 1853 and that is adjacent to one of the Great Lakes. Such expenditures may be made no later than 13 years after the tax incremental district is created, and may be made through December 31, 2004.

9,1630kf Section 1630kf. 66.46 (6) (e) 1. b. of the statutes is amended to read:

66.46 (6) (e) 1. b. The Except as provided in subd. 1. c., the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1995.

9,1630ki Section 1630ki. 66.46 (6) (e) 1. c. of the statutes is created to read:

66.46 (6) (e) 1. c. With respect to a tax incremental district that has been created by a 1st class city, the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1996.

9,1630m Section 1630m. 66.46 (6c) of the statutes is amended to read:

66.46 (6c) Notification of position openings. (a) Any person who operates for profit and is paid project costs under sub. (2) (f) 1. a., d., j. and k. in connection with the project plan for a tax incremental district shall notify the department of workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798 local workforce development board established under 29 USC 2832, of any positions to be filled in the county in which the city which created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.

(b) Any person who operates for profit and buys or leases property in a tax incremental district from a city for which the city incurs real property assembly costs under sub. (2) (f) 1. c. shall notify the department of workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798 local workforce development board established under 29 USC 2832, of any position to be filled in the county in which the city creating the tax incremental district is located within one year after the sale or commencement of the lease. The person shall provide this notice at least 2 weeks prior to advertising the position.

9,1630q Section 1630q. 66.46 (7) (ar) of the statutes is amended to read:

66.46 (7) (ar) Notwithstanding par. (am), 22 years after the last expenditure identified in the project plan is made if the district to which the plan relates is created before October 1, 1995, and the project plan is amended under sub. (4) (h) 3. or 4.

9,1632 Section 1632. 66.462 (1) (c) of the statutes is amended to read:

66.462 (1) (c) "Eligible costs" means capital costs, financing costs and administrative and professional service costs, incurred or estimated to be incurred by a political subdivision, for the investigation, removal, containment or monitoring of, or the restoration of soil, air, surface water, sediments or groundwater affected by, environmental pollution, including monitoring costs incurred within 2 years after the date on which the department of natural resources certifies that environmental pollution on the property has been remediated, cancellation of delinquent taxes, property acquisition costs, demolition costs including asbestos removal, and removing and disposing of underground storage tanks or abandoned containers, as defined in s. 292.41 (1), except that for any parcel of land "eligible costs" shall be reduced by any amounts received from persons responsible for the discharge, as defined in s. 292.01 (3), of a hazardous substance on the property to pay for the costs of remediating environmental pollution on the property, by any amounts received, or reasonably expected by the political subdivision to be received, from a local, state or federal program for the remediation of contamination in the district that do not require reimbursement or repayment and by the amount of net gain from the sale of the property by the political subdivision. "Eligible costs" associated with groundwater affected by environmental pollution include investigation and remediation costs for groundwater that is located in, and extends beyond, the property that is being remediated.

9,1634a Section 1634a. 66.462 (2) of the statutes is amended to read:

66.462 (2) Use of environmental remediation tax increments. A political subdivision that develops, and whose governing body approves, a written proposal to remediate environmental pollution on property owned by the political subdivision may use an environmental remediation tax increment to pay the eligible costs of remediating environmental pollution on contiguous parcels of property that is are located within the political subdivision and that are not part of a tax incremental district created under s. 66.46 and that is owned by the political subdivision at the time of the remediation and then transferred to another person after the property is remediated, as provided in this section, except that a political subdivision may use an environmental remediation tax increment to pay the cost of remediating environmental pollution of groundwater without regard to whether the property above the groundwater is owned by the political subdivision. No political subdivision may submit an application to the department under sub. (4) until the joint review board approves the political subdivision's written proposal under sub. (3).

9,1634c Section 1634c. 66.462 (2) (b) of the statutes is created to read:

66.462 (2) (b) No expenditure for an eligible cost may be made by a political subdivision later than 15 years after the environmental remediation tax incremental base is certified by the department under sub. (4).

9,1635 Section 1635. 66.462 (3) (a) of the statutes is amended to read:

66.462 (3) (a) Any political subdivision that seeks to use an environmental remediation tax increment under sub. (2) shall convene a joint review board to review the proposal. The board shall consist of one representative chosen by the school district that has power to levy taxes on the property that is remediated, one representative chosen by the technical college district that has power to levy taxes on the property, one representative chosen by the county that has power to levy taxes on the property that is remediated, one representative chosen by the political subdivision city, village or town that has power to levy taxes on the property that is remediated and one public member. If more than one city, village or town, more than one school district, more than one technical college district or more than one county has the power to levy taxes on the property that is remediated, the unit in which is located property that has the greatest value shall choose that representative to the board. The public member and the board's chairperson shall be selected by a majority of the other board members at the board's first meeting. All board members shall be appointed and the first board meeting held within 14 days after the political subdivision's governing body approves the written proposal under sub. (2). Additional meetings of the board shall be held upon the call of any member. The political subdivision that seeks to act under sub. (2) shall provide administrative support for the board. By majority vote, the board may disband following approval or rejection of the proposal.

9,1636 Section 1636. 66.462 (4) (a) of the statutes is amended to read:

66.462 (4) (a) The political subdivision submits a statement that it has incurred some eligible costs , and includes with the statement a detailed proposed remedial action plan approved by the department of natural resources that contains cost estimates for anticipated eligible costs and a schedule for the design, implementation and construction that is needed to complete the remediation, with respect to the parcel or contiguous parcels of property and the statement details the purpose and amount of the expenditures already made and includes a dated certificate issued by the department of natural resources that certifies that environmental pollution on the parcel of property has been remediated the department of natural resources has approved the site investigation report that relates to the parcel or contiguous parcels in accordance with rules promulgated by the department of natural resources.

9,1636e Section 1636e. 66.462 (4) (c) of the statutes is amended to read:

66.462 (4) (c) The political subdivision submits a statement, signed by its chief executive officer, that the political subdivision has attempted to recover the cost of remediating environmental pollution on the property from responsible parties the person who caused the environmental pollution.

9,1636s Section 1636s. 66.462 (7) (a) of the statutes is amended to read:

66.462 (7) (a) Subject to pars. (b) and , (c) and (d), the department shall annually authorize the positive environmental remediation tax increment with respect to a parcel of property during the period of certification to the political subdivision that incurred the costs to remediate environmental pollution on the property, except that an authorization granted under this paragraph does not apply after the department receives the notice described under sub. (10) (b).

9,1636u Section 1636u. 66.462 (7) (d) of the statutes is created to read:

66.462 (7) (d) 1. The department may not authorize a positive environmental remediation tax increment under par. (a) to pay otherwise eligible costs that are incurred by the political subdivision after the department of natural resources certifies to the department of revenue that environmental pollution on the parcel of property has been remediated unless the costs are associated with activities, as determined by the department of natural resources, that are necessary to close the site described in the site investigation report.

2. The department of natural resources shall certify to the department of revenue the completion of the remediation of environmental pollution at the site described in the site investigation report.

9,1637t Section 1637t. 66.521 (6m) of the statutes is amended to read:

66.521 (6m) Notification of position openings. A municipality may not enter into a revenue agreement with any person who operates for profit unless that person has agreed to notify the department of workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798 local workforce development board established under 29 USC 2832, of any position to be filled in that municipality within one year after issuance of the revenue bonds. The person shall provide this notice at least 2 weeks before advertising the position. The notice required by this subsection does not affect the offer of employment requirements of sub. (4s).

9,1638m Section 1638m. 66.75 (1m) (f) 3. of the statutes is amended to read:

66.75 (1m) (f) 3. From the appropriation under s. 20.835 (4) (gg), the department of revenue shall distribute 97% 97.45% of the taxes collected under this paragraph for each district to that district, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments. Interest paid on refunds of the tax under this paragraph shall be paid from the appropriation under s. 20.835 (4) (gg) at the rate under s. 77.60 (1) (a). Any district that receives a report along with a payment under this subdivision or subd. 2. is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

9,1641m Section 1641m. 66.904 (2) (a) of the statutes is amended to read:

66.904 (2) (a) Except for a contract awarded under pars. (f) to (j) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29 , except for a contract awarded under pars. (f) to (j).

9,1641no Section 1641no. 66.904 (2) (e) of the statutes is amended to read:

66.904 (2) (e) Paragraphs (a) to (d) do not apply to contracts awarded under s. 66.905. Paragraphs (f) to (j) do apply to contracts awarded under s. 66.905.

9,1641q Section 1641q. 66.904 (2) (f) to (j) of the statutes are created to read:

66.904 (2) (f) In this subsection, "design-build construction process" means a procurement process under which the engineering, design and construction services are provided by a single entity under a process described under par. (g).

(g) If the commission wishes to construct a public work under par. (j) using the design-build construction process, the commission shall use a selection process that contains the following procedures:

1. The commission shall issue a request for proposals from design-build teams by publishing a class 1 notice under ch. 985. The notice shall include a project statement that describes the space needs and design goals for the project, detailed submission requirements, selection procedures, site information, an outline of specifications for the project, a budget for the project, a project schedule, the composition of the selection panel, the approximate amount of the bond that the commission will require under par. (h) and whether the commission will offer a stipend to unsuccessful design-build teams and, if so, the amount of the stipend.

2. Following receipt of the proposals, the commission shall select 5 or less design-build teams to participate in the final stage of the selection process. The selection of teams under this subdivision shall be based on factors that include the background, experience and qualifications of the members of the teams; the financial strength and surety capacity of the teams; the quality of the initial proposal; and the past performance and current workload of the teams. The commission selection panel that selects the teams under this subdivision for the final selection process under subd. 3. may include design and construction professionals who work for the commission or are hired by the commission to assist in the selection, commissioners and representatives from the unit of the commission that will use the facility that is to be constructed under the selection process described in this paragraph.

3. The commission shall make a final selection from among the teams selected under subd. 2. if the commission determines that at least one of the teams selected as a finalist under subd. 2. will be able to construct the public work in a way that is satisfactory to the commission. The final selection shall be made following interviews and presentations from the finalists, based on criteria that are published as a class 1 notice under ch. 985. The notice shall state the weight that is given to each criterion. The criteria to be used in making a final selection under this subdivision may include the quality of the proposed design, the construction approach to be used to complete the project, the extent to which a proposal demonstrates compliance with the project statement described under subd. 1., the proposed management plan for the project, the estimated cost of the project and a guaranteed maximum price for the project.

(h) If the commission selects a design-build team under par. (g) 3. and enters into a contract for the construction of the project, the design-build team shall obtain bonding, in an amount specified by the commission, to guarantee completion of the project according to the terms of the contract.

(i) 1. In this paragraph:

a. "Minority business" has the meaning given in s. 560.036 (1) (e).

b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

c. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

2. The commission shall ensure that, for construction work and professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used, a person who is awarded such a contract by the commission shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women.

3. It shall be a goal of the commission to ensure that at least 25% of the aggregate dollar value of all contracts awarded by the commission in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of all contracts awarded by the commission in the following areas shall be awarded to women's businesses:

a. Construction contracts that relate to a public work under par. (j) for which the design-build construction process is used.

b. Professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used.

4. It shall be a goal of the commission, with regard to each of the contracts described under subd. 3. a. and b., to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.

5. a. The commission shall hire an independent person to monitor the commission's compliance with minority contracting goals under subds. 2., 3. and 4. The person hired shall have previous experience working with minority group members. The commission shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

b. If the commission or a contractor is unable to meet the goals under subd. 2., 3. or 4., the person hired under subd. 5. a. shall assess whether the commission or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the factors listed in subd. 6.

6. The factors to be considered under subd. 5. b. are:

a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in subd. 6. a., in areas in which contracts were awarded.

c. The extent to which the commission or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in subd. 6. a., and the extent to which eligible minority businesses and women's businesses submitted bids.

(j) Any contract for public construction under sub. (1), for any of the following projects, may be let using the design-build construction process:

1. Central metropolitan interceptor sewer projects.

2. Any projects that are required to implement the department of natural resources-approved 2010 facility plan.

3. Watercourse flood control projects for any of the following:

a. Menomonee River.

b. Root River.

c. Kinnickinnic River.

d. Lincoln Creek.

9,1642m Section 1642m. 66.94 (9m) of the statutes is created to read:

66.94 (9m) Limit on contracting for light rail. Notwithstanding any other provision of this section, no authority may enter into a contract for any purpose related to a light rail mass transit system if the cost of any of the contracted items would be paid for by, or reimbursed with, federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or any funds received from the state. This subsection does not apply to any light rail mass transit system that is being constructed on the effective date of this subsection .... [revisor inserts date]. This subsection does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This subsection does not apply after June 30, 2001.

9,1644 Section 1644. 66.945 (8) (a) of the statutes is amended to read:

66.945 (8) (a) The regional planning commission may conduct all types of research studies, collect and analyze data, prepare maps, charts and tables, and conduct all necessary studies for the accomplishment of its other duties; it may, consistent with the elements specified in s. 66.0295, make plans for the physical, social and economic development of the region, and may, consistent with the elements specified in s. 66.0295, adopt by resolution any plan or the portion of any plan so prepared as its official recommendation for the development of the region; it may publicize and advertise its purposes, objectives and findings, and may distribute reports thereon; it may provide advisory services on regional planning problems to the local government units within the region and to other public and private agencies in matters relative to its functions and objectives, and may act as a coordinating agency for programs and activities of such local units and agencies as they relate to its objectives. All public officials shall, upon request, furnish to the regional planning commission, within a reasonable time, such available information as it requires for its work. In general, the regional planning commission shall have all powers necessary to enable it to perform its functions and promote regional planning. The functions of the regional planning commission shall be solely advisory to the local governments and local government officials comprising the region.

9,1645 Section 1645. 66.945 (9) of the statutes is amended to read:

66.945 (9) Preparation of master plan for region. The regional planning commission shall have the function and duty of making and adopting a master plan for the physical development of the region. The master plan, with the accompanying maps, plats, charts, programs and descriptive and explanatory matter, shall show the commission's recommendations for such physical development and may include, among other things without limitation because of enumeration, the general location, character and extent of main traffic arteries, bridges and viaducts; public places and areas; parks; parkways; recreational areas; sites for public buildings and structures; airports; waterways; routes for public transit; and the general location and extent of main and interceptor sewers, water conduits and other public utilities whether privately or publicly owned; areas for industrial, commercial, residential, agricultural or recreational development shall contain at least the elements described in s. 66.0295. The regional planning commission may amend, extend or add to the master plan or carry any part or subject matter into greater detail.

9,1646 Section 1646. 66.945 (10) of the statutes is amended to read:

66.945 (10) Adoption of master plan for region. The master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development. The regional planning commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan elements specified in s. 66.0295. The resolution shall refer expressly to the maps, plats, charts, programs and descriptive and explanatory matter, and other matters intended by the regional planning commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the chairperson of the regional planning commission and a copy of the plan or part thereof shall be certified to the legislative bodies of the local governmental units within the region. The purpose and effect of adoption of the master plan shall be solely to aid the regional planning commission and the local governments and local government officials comprising the region in the performance of their functions and duties.

9,1647 Section 1647. 67.04 (5) (b) 2. of the statutes is repealed.

9,1647c Section 1647c. 67.04 (5) (b) 4. of the statutes is created to read:

67.04 (5) (b) 4. To pay unfunded prior service liability contributions under the Wisconsin retirement system if all of the proceeds of the note will be used to pay for such contributions.