AB510: Bill Text

AB510, s. 45 Section 45. 66.1106 (4) (b) of the statutes is amended to read:

AB510,23,11 66.1106 (4) (b) The political subdivision submits a statement that all taxing jurisdictions with the authority to levy general property taxes on the parcel or contiguous parcels of property have been notified that the political subdivision intends to recover the costs of remediating environmental pollution on the property and have been provided a statement of the estimated costs to be recovered.

AB510, s. 46 Section 46. 66.1106 (7) (a) of the statutes is amended to read:

AB510,23,18 66.1106 (7) (a) Subject to pars. (b), (c) and (d), the department shall annually authorize the positive environmental remediation tax increment with respect to a parcel or contiguous parcels 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).

AB510, s. 47 Section 47. 66.1106 (7) (d) 1. of the statutes is amended to read:

AB510,24,2 66.1106 (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 or contiguous parcels 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.

AB510, s. 48 Section 48. 66.1106 (9) of the statutes is amended to read:

AB510,24,14 66.1106 (9) Separate accounting required. An environmental remediation tax increment received with respect to a parcel or contiguous parcels of land that is subject to this section shall be deposited in a separate fund by the treasurer of the political subdivision. No money may be paid out of the fund except to pay eligible costs for a parcel or contiguous parcels of land, or to reimburse the political subdivision for such costs or to satisfy claims of holders of bonds or notes issued to pay eligible costs. If an environmental remediation tax increment that has been collected with respect to a parcel of land remains in the fund after the period of certification has expired, it shall be paid to the treasurers of the taxing jurisdictions in which the parcel is located in proportion to the relative share of those taxing jurisdictions in the most recent levy of general property taxes on the parcel.

AB510, s. 49 Section 49. 66.1106 (10) (a) of the statutes is amended to read:

AB510,24,20 66.1106 (10) (a) Prepare and make available to the public updated annual reports describing the status of all projects to remediate environmental pollution funded under this section, including revenues and expenditures. A copy of the report shall be sent to all taxing jurisdictions with authority to levy general property taxes on the parcel or contiguous parcels of property by May 1 annually.

AB510, s. 50 Section 50. 66.1106 (10) (b) of the statutes is amended to read:

AB510,24,23 66.1106 (10) (b) Notify the department within 10 days after the period of certification for a parcel or contiguous parcels of property has expired.

AB510, s. 51 Section 51. 66.1106 (10) (c) of the statutes is created to read:

AB510,25,9 66.1106 (10) (c) Not later than 12 months after the last expenditure is made or not later than 12 months after an expenditure may be made under sub. (2) (b), whichever comes first, prepare and make available to the public a report that is similar to the report required under par. (a), except that the report required under this paragraph shall also include an independent certified audit of each project to determine if all financial transactions were made in a legal manner and to determine if each environmental remediation tax incremental district complied with this section. A copy of the report shall be sent out to all taxing jurisdictions which received the reports under par. (a).

AB510, s. 52 Section 52. 66.1106 (10) (d) of the statutes is created to read:

AB510,25,13 66.1106 (10) (d) Not later than 180 days after an environmental remediation tax incremental district terminates under sub. (11), provide the department with all of the following on a form that is prescribed by the department:

AB510,25,15 1. A final accounting of project expenditures that are made for an environmental remediation tax incremental district.

AB510,25,17 2. The final amount of eligible costs that have been paid for an environmental remediation tax incremental district.

AB510,25,19 3. The total amount of environmental remediation tax increments that have been paid to the political subdivision.

AB510, s. 53 Section 53. 66.1106 (11) of the statutes is created to read:

AB510,25,23 66.1106 (11) Termination of environmental remediation tax incremental districts. An environmental remediation tax incremental district terminates when the earlier of the following occurs:

AB510,26,3 (a) That time when the political subdivision has received aggregate environmental remediation tax increments with respect to the district in an amount equal to the aggregate of all eligible costs.

AB510,26,5 (b) Sixteen years after the department certifies the environmental remediation tax incremental base of a parcel or contiguous parcels of property under sub. (4).

AB510,26,8 (c) The political subdivision's legislative body, by resolution, dissolves the district at which time the political subdivision becomes liable for all unpaid eligible costs actually incurred which are not paid from the separate fund under sub. (9).

AB510, s. 54 Section 54. 66.1106 (12) of the statutes is created to read:

AB510,26,13 66.1106 (12) (a) Notice of district termination. A political subdivision which creates a tax incremental district under this section shall give the department written notice within 10 days of the termination of the environmental remediation tax incremental district under sub. (11).

AB510,26,17 (b) If the department receives a notice under par. (a) during the period from January 1 to May 15, the effective date of the notice is the date the notice is received. If the notice is received during the period from May 16 to December 31, the effective date of the notice is the first January 1 after the department receives the notice.

AB510, s. 55 Section 55. 66.1106 (13) of the statutes is created to read:

AB510,26,25 66.1106 (13) Payment of eligible costs for annexed territory. If a city or village annexes territory from a town and if the town is using an environmental remediation tax increment to remediate environmental pollution on all or part of the territory that is annexed, the city or village shall pay to the town that portion of the eligible costs that are attributable to the annexed territory. The city or village, and the town, shall negotiate an agreement on the amount that must be paid under this subsection.

AB510, s. 56 Section 56. 73.03 (57) of the statutes is created to read:

AB510,27,7 73.03 (57) To create, and update, a manual on the tax incremental finance program under s. 66.1105. The manual shall contain the rules relating to the program, common problems faced by cities and villages under the program, possible side effects on the use of tax incremental financing, and any other information the department determines is appropriate. The department may consult with, and solicit the views of, any interested person while preparing or updating the manual.

AB510, s. 57 Section 57. 74.23 (1) (b) of the statutes is amended to read:

AB510,27,18 74.23 (1) (b) General property taxes. After making the distribution under par. (a), the taxation district treasurer shall pay to each taxing jurisdiction within the district its proportionate share of general property taxes, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of general property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.

AB510, s. 58 Section 58. 74.25 (1) (b) 1. of the statutes is amended to read:

AB510,28,4 74.25 (1) (b) 1. Pay in full to each taxing jurisdiction within the district all personal property taxes included in the tax roll which have not previously been paid to, or retained by, that taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of personal property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.

AB510, s. 59 Section 59. 74.25 (1) (b) 2. of the statutes is amended to read:

AB510,28,14 74.25 (1) (b) 2. Pay to each taxing jurisdiction within the district its proportionate share of real property taxes, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of real property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.

AB510, s. 60 Section 60. 74.30 (1) (i) of the statutes is amended to read:

AB510,28,25 74.30 (1) (i) Pay in full to each taxing jurisdiction within the district all personal property taxes included in the tax roll which have not previously been paid to, or retained by, each taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of personal property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.

AB510, s. 61 Section 61. 74.30 (1) (j) of the statutes is amended to read:

AB510,29,10 74.30 (1) (j) Pay to each taxing jurisdiction within the district its proportionate share of real property taxes, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of real property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.

AB510, s. 62 Section 62. 74.30 (2) (b) of the statutes is amended to read:

AB510,29,21 74.30 (2) (b) Pay to each taxing jurisdiction within the district its proportionate share of real property taxes collected, except that the taxation district treasurer shall pay the state's proportionate share to the county, and the county treasurer shall settle for that share under s. 74.29. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of real property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.

AB510, s. 63 Section 63. 79.095 (1) (c) of the statutes is amended to read:

AB510,29,25 79.095 (1) (c) "Taxing jurisdiction" means a municipality, county, school district, special purpose district, tax incremental district, environmental remediation tax incremental district, or technical college district.

AB510, s. 64 Section 64. 79.095 (2) (b) of the statutes is amended to read:

AB510,30,5 79.095 (2) (b) On or before December 31, the tax rate used for each tax incremental district for which the municipality assesses property and for each environmental remediation tax incremental district for which the municipality assesses property.

AB510, s. 65 Section 65. 234.01 (4n) (a) 3m. a. of the statutes is amended to read:

AB510,30,9 234.01 (4n) (a) 3m. a. The facility is in a tax incremental district or an environmental remediation tax incremental district or is the subject of an urban development action grant and will result in a net economic benefit to the state.

AB510, s. 66 Section 66. Nonstatutory provisions.

AB510,30,14 (1) The authorized FTE positions for the department of revenue are increased by 1.0 PR position to be funded from the appropriation under section 20.566 (1) (go) of the statutes for the purpose of performing auditing related to tax incremental districts.

AB510, s. 67 Section 67. Initial applicability.

AB510,30,20 (1) This act first applies to a tax incremental district that is created, or whose project plan is amended, on the effective date of this subsection and to an environmental remediation tax incremental district, the written remediation proposal for which is approved by the political subdivision's governing body on the effective date of this subsection.

AB510, s. 68 Section 68. Effective date.

AB510,30,22 (1) This act takes effect on October 1, 2002.

AB510,30,23 (End)