AB478,10,2519 66.1105 (4) (gm) 6. Declares that the district is a blighted area district, a
20rehabilitation or conservation district, an industrial district, or a mixed-use district
21based on the identification and classification of the property included within the
22district under par. (c) and subd. 4. a. If the district is not exclusively blighted,
23rehabilitation or conservation, industrial, or mixed use, the declaration under this
24subdivision shall be based on which classification is predominant with regard to the
25area described in subd. 4. a.
AB478, s. 13
1Section 13. 66.1105 (4) (h) 1. of the statutes, as affected by 2003 Wisconsin Act
2.... (Senate Bill 188), is amended to read:
AB478,11,183 66.1105 (4) (h) 1. Subject to subds. 2., 3. 4., and 5., the planning commission
4may, by resolution, adopt an amendment to a project plan. The amendment is subject
5to approval by the local legislative body and approval requires the same findings as
6provided in par. pars. (g) and (gm) 4. c. Any amendment to a project plan is also
7subject to review by a joint review board, acting under sub. (4m). Adoption of an
8amendment to a project plan shall be preceded by a public hearing held by the plan
9commission at which interested parties shall be afforded a reasonable opportunity
10to express their views on the amendment. Notice of the hearing shall be published
11as a class 2 notice, under ch. 985. The notice shall include a statement of the purpose
12and cost of the amendment and shall advise that a copy of the amendment will be
13provided on request. Before publication, a copy of the notice shall be sent by 1st class
14mail to the chief executive officer or administrator of all local governmental entities
15having the power to levy taxes on property within the district and to the school board
16of any school district which includes property located within the proposed district.
17For a county with no chief executive officer or administrator, this notice shall be sent
18to the county board chairperson.
AB478, s. 14 19Section 14. 66.1105 (4) (h) 2. of the statutes, as affected by 2003 Wisconsin Act
20.... (Senate Bill 188), is amended to read:
AB478,12,821 66.1105 (4) (h) 2. Except as provided in subds. 3., 4., and 5., not more than once
22during the 7 years after the tax incremental district is created,
the planning
23commission may adopt an amendment to a project plan under subd. 1. to modify the
24district's boundaries by subtracting territory from the district in a way that does not
25remove contiguity from the district or, not more than once during the 7 years after

1the tax incremental district is created by
adding territory to the district that is
2contiguous to the district and that is served by public works or improvements that
3were created as part of the district's project plan. Expenditures for project costs that
4are incurred because of an amendment to a project plan to which this subdivision
5applies may be made for not more than 3 years after the date on which the local
6legislative body adopts a resolution amending the project plan or not more than the
7number of years in which expenditures may be made without an amendment to a
8project plan as specified in sub. (6) (am), whichever period is longer
.
AB478, s. 15 9Section 15. 66.1105 (4) (h) 3. of the statutes is repealed.
AB478, s. 16 10Section 16. 66.1105 (4m) (a) of the statutes is amended to read:
AB478,13,811 66.1105 (4m) (a) Any city that seeks to create a tax incremental district or
12amend a project plan shall convene a temporary joint review board under this
13paragraph, or a standing joint review board under sub. (3) (g),
to review the proposal.
14The Except as provided in par. (am), the board shall consist of one representative
15chosen by the school district that has power to levy taxes on the property within the
16tax incremental district, one representative chosen by the technical college district
17that has power to levy taxes on the property within the tax incremental district, one
18representative chosen by the county that has power to levy taxes on the property
19within the tax incremental district, one representative chosen by the city and one
20public member. If more than one school district, more than one union high school
21district, more than one elementary school district,
more than one technical college
22district or more than one county has the power to levy taxes on the property within
23the tax incremental district, the unit in which is located property of the tax
24incremental district that has the greatest value shall choose that representative to
25the board. The public member and the board's chairperson shall be selected by a

1majority of the other board members before the public hearing under sub. (4) (a) or
2(h) 1. is held. All board members shall be appointed and the first board meeting held
3within 14 days after the notice is published under sub. (4) (a) or (h) 1. Additional
4meetings of the board shall be held upon the call of any member. The city that seeks
5to create the tax incremental district or to amend its project plan shall provide
6administrative support for the board. By majority vote, the board may disband
7following approval or rejection of the proposal, unless the board is a standing board
8that is created by the city under sub. (3) (g)
.
AB478, s. 17 9Section 17. 66.1105 (4m) (am) of the statutes is created to read:
AB478,13,1710 66.1105 (4m) (am) If a city seeks to create a tax incremental district that is
11located in a union high school district, the seat that is described under par. (a) for the
12school district representative to the board shall be held by 2 representatives, each
13of whom has one-half of a vote. One representative shall be chosen by the union high
14school district that has the power to levy taxes on the property within the tax
15incremental district and one representative shall be chosen by the elementary school
16district that has the power to levy taxes on the property within the tax incremental
17district.
AB478, s. 18 18Section 18. 66.1105 (4m) (b) 2. of the statutes is amended to read:
AB478,14,219 66.1105 (4m) (b) 2. Except as provided in subd. 2m. and subject to subd. 4., no
20tax incremental district may be created and no project plan may be amended unless
21the board approves the resolution adopted under sub. (4) (gm) or (h) 1. by a majority
22vote not less than 10 14 days nor more than 30 21 days after receiving the resolution.
23The board may not approve the resolution under this subdivision unless the board's
24approval contains a positive assertion that, in its judgment, the development

1described in the documents the board has reviewed under subd. 1. would not occur
2without the creation of a tax incremental district.
AB478, s. 19 3Section 19. 66.1105 (4m) (b) 2m. of the statutes is amended to read:
AB478,14,104 66.1105 (4m) (b) 2m. The requirement under subd. 2. that a vote by the board
5take place not less than 10 days nor more than 30 14 days after receiving a resolution
6does not apply to a resolution amending a project plan under sub. (4) (h) 1. if the
7resolution relates to a tax incremental district, the application for the
8redetermination of the tax incremental base of which was made in 1998, that is
9located in a village that was incorporated in 1912, has a population of at least 3,800
10and is located in a county with a population of at least 108,000.
AB478, s. 20 11Section 20. 66.1105 (4m) (b) 4. of the statutes is created to read:
AB478,15,212 66.1105 (4m) (b) 4. Not later than 5 working days after submitting its decision
13under subd. 3., a majority of the members of the board may request that the
14department of revenue review the objective facts contained in any of the documents
15listed in subd. 1. to determine whether the information submitted to the board
16complies with this section or whether any of the information contains a factual
17inaccuracy. The request must be in writing and must specify which particular
18objective fact or item the members believe is incomplete or inaccurate. Not later than
1910 working days after receiving a request that complies with the requirements of this
20subdivision, the department of revenue shall investigate the issues raised in the
21request and shall send its written response to the board. If the department of
22revenue determines that the information in the proposal does not comply with this
23section or contains a factual inaccuracy, the department shall return the proposal to
24the city. The board shall request, but may not require, that the city resolve the
25problems in its proposal and resubmit the proposal to the board. If the city resubmits

1its proposal, the board shall review the resubmitted proposal and vote to approve or
2deny the proposal as specified in this paragraph.
AB478, s. 21 3Section 21. 66.1105 (4m) (b) 5. of the statutes is created to read:
AB478,15,74 66.1105 (4m) (b) 5. The board shall notify prospectively the governing body of
5every local governmental unit that is not represented on the board, and that has
6power to levy taxes on the property within the tax incremental district, of meetings
7of the board and of the agendas of each meeting for which notification is given.
AB478, s. 22 8Section 22. 66.1105 (5) (a) of the statutes is amended to read:
AB478,15,149 66.1105 (5) (a) Upon Subject to sub. (8) (d), upon the creation of a tax
10incremental district or upon adoption of any amendment subject to par. (c), its tax
11incremental base shall be determined as soon as reasonably possible. The
12department of revenue may impose a fee of $1,000 on a city to determine or
13redetermine the tax incremental base of a tax incremental district under this
14subsection.
AB478, s. 23 15Section 23. 66.1105 (5) (b) of the statutes is amended to read:
AB478,16,516 66.1105 (5) (b) Upon application in writing by the city clerk, in a form
17prescribed by the department of revenue, the department shall determine according
18to its best judgment from all sources available to it the full aggregate value of the
19taxable property and, except as provided in par. (bm), of the city-owned property in
20the tax incremental district. The application shall state the percentage of territory
21within the tax incremental district which the local legislative body estimates will be
22devoted to retail business at the end of the maximum expenditure period specified
23in sub. (6) (am) 1. c. if that estimate is at least 35%. Subject to sub. (8) (d), the

24department shall certify this aggregate valuation to the city clerk, and the aggregate
25valuation constitutes the tax incremental base of the tax incremental district. The

1city clerk shall complete these forms, including forms for the amendment of a project
2plan,
and submit the application or amendment forms on or before December 31 of
3the year the tax incremental district is created, as defined in sub. (4) (gm) 2. or, in
4the case of an amendment, on or before December 31 of the year in which the changes
5to the project plan take effect.
AB478, s. 24 6Section 24. 66.1105 (5) (c) of the statutes, as affected by 2003 Wisconsin Act
7.... (Senate Bill 188), is amended to read:
AB478,16,258 66.1105 (5) (c) If the city adopts an amendment to the original project plan for
9any district which reduces project costs by subtracting territory from the district or
10which includes additional project costs at least part of which will be incurred after
11the period specified in sub. (6) (am) 1., the tax incremental base for the district shall
12be redetermined, if sub. (4) (h) 2., 3., 4., or 5. applies to the amended project plan,
13either by subtracting from the tax incremental base the value of the taxable property
14that is subtracted from the existing district or by
adding to the tax incremental base
15the value of the taxable property and the value of real property owned by the city,
16other than property described in par. (bm),
that is added to the existing district under
17sub. (4) (h) 2., 3., 4., or 5. or, if sub. (4) (h) 2., 3., 4., or 5. does not apply to the amended
18project plan, under par. (b), as of the January 1 next preceding the effective date of
19the amendment if the amendment becomes effective between January 2 and
20September 30, as of the next subsequent January 1 if the amendment becomes
21effective between October 1 and December 31 and if the effective date of the
22amendment is January 1 of any year, the redetermination shall be made on that date.
23The With regard to a district to which territory has been added, the tax incremental
24base as redetermined under this paragraph is effective for the purposes of this
25section only if it exceeds the original tax incremental base determined under par. (b).
AB478, s. 25
1Section 25. 66.1105 (5) (ce) of the statutes, as affected by 2003 Wisconsin Act
2.... (Senate Bill 188), is amended to read:
AB478,17,163 66.1105 (5) (ce) If the city adopts an amendment, to which sub. (4) (h) 2., 3., 4.,
4or 5. applies, the tax incremental base for the district shall be redetermined, either
5by subtracting from the tax incremental base the value of the taxable property that
6is subtracted from the existing district or by
adding to the tax incremental base the
7value of the taxable property and the value of real property owned by the city, other
8than property described in par. (bm),
that is added to the existing district under sub.
9(4) (h) 2., 3., 4., or 5., as of the January 1 next preceding the effective date of the
10amendment if the amendment becomes effective between January 2 and
11September 30, as of the next subsequent January 1 if the amendment becomes
12effective between October 1 and December 31 and if the effective date of the
13amendment is January 1 of any year, the redetermination shall be made on that date.
14The With regard to a district to which territory has been added, the tax incremental
15base as redetermined under this paragraph is effective for the purposes of this
16section only if it exceeds the original tax incremental base determined under par. (b).
AB478, s. 26 17Section 26. 66.1105 (5) (d) of the statutes is amended to read:
AB478,18,218 66.1105 (5) (d) The department of revenue may not certify the tax incremental
19base as provided in par. (b) until it determines that each of the procedures and
20documents required by sub. (4) (a), (b), (gm) or (h) and par. (b) has been timely
21completed and all notices required under sub. (4) (a), (b), (gm) or (h) timely given.
22The facts supporting any document adopted or action taken to comply with sub. (4)
23(a), (b), (gm) or (h) are not subject to review by the department of revenue under this
24paragraph, except that the department may not certify the tax incremental base as

1provided in par. (b) until it reviews and approves of the findings that are described
2in sub. (4) (gm) 4. c
.
AB478, s. 27 3Section 27. 66.1105 (6) (a) of the statutes is renumbered 66.1105 (6) (a) (intro.)
4and amended to read:
AB478,18,195 66.1105 (6) (a) (intro.) If the joint review board approves the creation of the tax
6incremental district under sub. (4m), positive tax increments with respect to a tax
7incremental district are allocated to the city which created the district for each year
8commencing after the date when a project plan is adopted under sub. (4) (g). The
9department of revenue may not authorize allocation of tax increments until it
10determines from timely evidence submitted by the city that each of the procedures
11and documents required under sub. (4) (d) to (f) has been completed and all related
12notices given in a timely manner. The department of revenue may authorize
13allocation of tax increments for any tax incremental district only if the city clerk and
14assessor annually submit to the department all required information on or before the
152nd Monday in June. The facts supporting any document adopted or action taken
16to comply with sub. (4) (d) to (f) are not subject to review by the department of revenue
17under this paragraph. After the allocation of tax increments is authorized, the
18department of revenue shall annually authorize allocation of the tax increment to
19the city that created the district until the soonest of the following events:
AB478,18,21 201. The department of revenue receives a notice under sub. (8) and the notice
21has taken effect under sub. (8) (b), 27.
AB478,18,25 222. Twenty-seven years after the tax incremental district is created if the
23district is created before October 1, 1995, 38 years after the tax incremental district
24is created if the district is created before October 1, 1995, and the project plan is
25amended under sub. (4) (h) 3. or 23
.
AB478,19,2
13. Twenty-three years after the tax incremental district is created if the district
2is created after September 30, 1995, whichever is sooner.
AB478, s. 28 3Section 28. 66.1105 (6) (a) 4. of the statutes is created to read:
AB478,19,74 66.1105 (6) (a) 4. Twenty years after the tax incremental district is created if
5the district is created on or after the effective date of this subdivision .... [revisor
6inserts date], and if the district is at least predominantly suitable for industrial sites
7under sub. (4) (gm) 6.
AB478, s. 29 8Section 29. 66.1105 (6) (am) 1. of the statutes, as affected by 2003 Wisconsin
9Act .... (Senate Bill 188), is renumbered 66.1105 (6) (am) 1. a. and amended to read:
AB478,19,1310 66.1105 (6) (am) 1. a. For a tax incremental district that is created after
11September 30, 1995, and before the effective date of this subd. 1. a. .... [revisor inserts
12date],
no expenditure may be made later than 7 years after the tax incremental
13district is created, and for.
AB478,19,18 14b. For a tax incremental district that is created before October 1, 1995, no
15expenditure may be made later than 10 years after the tax incremental district is
16created, except that, for a tax incremental district that is created before October 1,
171995, and which is located in a city to which par. (d) applies, no expenditure may be
18made later than 17 years after the tax incremental district is created.
AB478, s. 30 19Section 30. 66.1105 (6) (am) 1. c. of the statutes is created to read:
AB478,19,2220 66.1105 (6) (am) 1. c. For a tax incremental district that is created on or after
21the effective date of this subd. 1. c. .... [revisor inserts date], all expenditures shall
22be completed no later than 10 years after the tax incremental district is created.
AB478, s. 31 23Section 31. 66.1105 (6) (e) 1. d. of the statutes is created to read:
AB478,20,424 66.1105 (6) (e) 1. d. The donor tax incremental district is able to demonstrate,
25based on the positive tax increments that are currently generated and that are

1expected to be generated, that it has sufficient revenues to pay for all project costs
2that have been incurred, or are expected to be incurred, under the project plan for
3that district and sufficient surplus revenues to pay for some of the eligible costs of
4the recipient tax incremental district.
AB478, s. 32 5Section 32. 66.1105 (6) (e) 2. of the statutes is repealed.
AB478, s. 33 6Section 33. 66.1105 (7) (ae) of the statutes is created to read:
AB478,20,107 66.1105 (7) (ae) Notwithstanding par. (am), 10 years after the last expenditure
8identified in the project plan is made if the district to which the plan relates is created
9on or after the effective date of this paragraph .... [revisor inserts date], and if the
10district is suitable for industrial sites under sub. (4) (gm) 4. a.
AB478, s. 34 11Section 34. 66.1105 (7) (am) of the statutes, as affected by 2003 Wisconsin Act
12.... (Senate Bill 167), is amended to read:
AB478,20,2113 66.1105 (7) (am) Sixteen years after the last expenditure identified in the
14project plan is made if the district to which the plan relates is created after
15September 30, 1995, and before October 1, 2003, 13 years after the last expenditure
16identified in the project plan is made if the district to which the plan relates is created
17on or after October 1, 2003,
or 20 years after the last expenditure identified in the
18project plan is made if the district to which the plan relates is created before
19October 1, 1995, except that in no case may the total number of years during which
20expenditures are made under sub. (6) (am) 1. plus the total number of years during
21which tax increments are allocated under this sub. (6) (a) exceed 27 years.
AB478, s. 35 22Section 35. 66.1105 (7) (ar) of the statutes is amended to read:
AB478,20,2523 66.1105 (7) (ar) Notwithstanding par. (am), 22 years after the last expenditure
24identified in the project plan is made if the district to which the plan relates is created
25before October 1, 1995, and the project plan is amended under sub. (4) (h) 3. or 4.
AB478, s. 36
1Section 36. 66.1105 (8) (title) of the statutes is amended to read:
AB478,21,22 66.1105 (8) (title) Notice of district termination, reporting requirements.
AB478, s. 37 3Section 37. 66.1105 (8) (c) of the statutes is created to read:
AB478,21,74 66.1105 (8) (c) Not later than February 15 of the year after the year in which
5a city transmits to the department of revenue the notice required under par. (a) the
6city shall send to the department, on a form prescribed by the department, all of the
7following information that relates to the terminated tax incremental district:
AB478,21,88 1. A final accounting of all expenditures made by the city.
AB478,21,99 2. The total amount of project costs incurred by the city.
AB478,21,1010 3. The total amount of positive tax increments received by a city.
AB478, s. 38 11Section 38. 66.1105 (8) (d) of the statutes is created to read:
AB478,21,1512 66.1105 (8) (d) If a city does not send to the department of revenue the form
13specified in par. (c) within the time limit specified in par. (c), the department may not
14certify the tax incremental base of a tax incremental district under sub. (5) (a) and
15(b) until the form is sent to the department.
AB478, s. 39 16Section 39. 66.1105 (15) of the statutes is created to read:
AB478,22,417 66.1105 (15) Substantial compliance. Substantial compliance with subs. (3),
18(4) (a), (b), (c), (d), (e), (f), and (h), (4m), and (5) (b) by a city that creates, or attempts
19to create, a tax incremental district is sufficient to give effect to any proceedings
20conducted under this section if, in the opinion of the department of revenue, any
21error, irregularity, or informality that exists in the city's attempts to comply with
22subs. (3), (4) (a), (b), (c), (d), (e), (f), and (h), (4m), and (5) (b) does not affect substantial
23justice. If the department of revenue determines that a city has substantially
24complied with subs. (3), (4) (a), (b), (c), (d), (e), (f), and (h), (4m), and (5) (b), the
25department of revenue shall determine the tax incremental base of the district,

1allocate tax increments, and treat the district in all other respects as if the
2requirements under subs. (3), (4) (a), (b), (c), (d), (e), (f), and (h), (4m), and (5) (b) had
3been strictly complied with based on the date that the resolution described under
4sub. (4) (gm) 2. is adopted.
AB478, s. 40 5Section 40. 66.1106 (1) (c) of the statutes is amended to read:
AB478,23,26 66.1106 (1) (c) "Eligible costs" means capital costs, financing costs and
7administrative and professional service costs, incurred or estimated to be incurred
8by a political subdivision, for the investigation, removal, containment or monitoring
9of, or the restoration of soil, air, surface water, sediments or groundwater affected by,
10environmental pollution, including monitoring costs incurred within 2 years after
11the date on which the department of natural resources certifies that environmental
12pollution on the property has been remediated, cancellation of delinquent taxes if the
13political subdivision demonstrates that it has not already recovered such costs by
14any other means,
property acquisition costs, demolition costs including asbestos
15removal, and removing and disposing of underground storage tanks or abandoned
16containers, as defined in s. 292.41 (1), except that for any parcel of land "eligible
17costs" shall be reduced by any amounts received from persons responsible for the
18discharge, as defined in s. 292.01 (3), of a hazardous substance on the property to pay
19for the costs of remediating environmental pollution on the property, by any amounts
20received, or reasonably expected by the political subdivision to be received, from a
21local, state or federal program for the remediation of contamination in the district
22that do not require reimbursement or repayment and by the amount of net gain from
23the sale of the property by the political subdivision. "Eligible costs" associated with
24groundwater affected by environmental pollution include investigation and

1remediation costs for groundwater that is located in, and extends beyond, the
2property that is being remediated.
AB478, s. 41 3Section 41. 66.1106 (1) (e) of the statutes is amended to read:
AB478,23,124 66.1106 (1) (e) "Environmental remediation tax increment" means that
5amount obtained by multiplying the total city, county, school and other local general
6property taxes levied on a parcel of real property that is certified under this section
7taxable property in a year by a fraction having as a numerator the environmental
8remediation value increment for that year for that parcel in such district and as a
9denominator that year's equalized value of that parcel taxable property. In any year,
10an environmental remediation tax increment is "positive" if the environmental
11remediation value increment is positive; it is "negative" if the environmental
12remediation value increment is negative.
AB478, s. 42 13Section 42. 66.1106 (1) (f) of the statutes is amended to read:
AB478,23,2014 66.1106 (1) (f) "Environmental remediation tax incremental base" means the
15aggregate value, as equalized by the department, of a parcel of real taxable property
16that is certified under this section as of the January 1 preceding the date on which
17the department of natural resources issues a certificate certifying that
18environmental pollution on the property has been remediated in accordance with
19rules promulgated by the department of natural resources
environmental
20remediation tax incremental district is created, as determined under sub. (1m) (b)
.
AB478, s. 43 21Section 43. 66.1106 (1) (fm) of the statutes is created to read:
AB478,24,722 66.1106 (1) (fm) "Environmental remediation tax incremental district" means
23a contiguous geographic area within a political subdivision defined and created by
24resolution of the governing body of the political subdivision consisting solely of whole
25units of property as are assessed for general property tax purposes, other than

1railroad rights-of-way, rivers, or highways. Railroad rights-of-way, rivers, or
2highways may be included in an environmental remediation tax incremental district
3only if they are continuously bounded on either side, or on both sides, by whole units
4of property as are assessed for general property tax purposes which are in the
5environmental remediation tax incremental district. "Environmental remediation
6tax incremental district" does not include any area identified as a wetland on a map
7under s. 23.32.
AB478, s. 44 8Section 44. 66.1106 (1) (g) of the statutes is amended to read:
AB478,24,159 66.1106 (1) (g) "Environmental remediation value increment" means the
10equalized value of a parcel of real taxable property that is certified under this section
11minus the environmental remediation tax incremental base. In any year, the
12environmental remediation value increment is "positive" if the environmental
13remediation tax incremental base of the parcel of taxable property is less than the
14aggregate value of the parcel of taxable property as equalized by the department; it
15is "negative" if that base exceeds that aggregate value.
AB478, s. 45 16Section 45. 66.1106 (1) (i) of the statutes is amended to read:
AB478,24,2017 66.1106 (1) (i) "Period of certification" means a period of not more than 16 23
18years beginning after the department certifies the environmental remediation tax
19incremental base of a parcel of property under sub. (4) or a period before all eligible
20costs have been paid, whichever occurs first.
AB478, s. 46 21Section 46. 66.1106 (1) (jm) of the statutes is created to read:
AB478,24,2422 66.1106 (1) (jm) "Project expenditures" means the sum of eligible costs and all
23other costs incurred by a political subdivision in the creation and operation of an
24environmental remediation tax incremental district.
AB478, s. 47 25Section 47. 66.1106 (1) (k) of the statutes is amended to read:
AB478,25,2
166.1106 (1) (k) "Taxable property" means all real and personal taxable property
2located in an environmental remediation tax incremental district.
AB478, s. 48 3Section 48. 66.1106 (1m) of the statutes is created to read:
AB478,25,64 66.1106 (1m) Creation of environmental remediation tax incremental
5districts.
In order to implement the provisions of this section, the governing body
6of the political subdivision shall adopt a resolution which does all of the following:
AB478,25,97 (a) Describes the boundaries of an environmental remediation tax incremental
8district with sufficient definiteness to identify with ordinary and reasonable
9certainty the territory included within the district.
AB478,25,1510 (b) Creates such district as of a date therein provided. If the resolution is
11adopted during the period between January 2 and September 30, then such date
12shall be the next preceding January 1. If such resolution is adopted during the period
13between October 1 and December 31, then such date shall be the next subsequent
14January 1. If the resolution is adopted on January 1, the environmental remediation
15tax incremental district shall be created as of the date of the resolution.
AB478, s. 49 16Section 49. 66.1106 (2) (a) of the statutes is amended to read:
AB478,26,317 66.1106 (2) (a) A political subdivision that develops, and whose governing body
18approves, a written proposal to remediate environmental pollution may use an
19environmental remediation tax increment to pay the eligible costs of remediating
20environmental pollution on contiguous parcels of property that are located in an
21environmental remediation tax incremental district
within the political subdivision
22and that are not part of a tax incremental district created under s. 66.1105, as
23provided in this section, except that a political subdivision may use an
24environmental remediation tax increment to pay the cost of remediating
25environmental pollution of groundwater without regard to whether the property

1above the groundwater is owned by the political subdivision. No political subdivision
2may submit an application to the department under sub. (4) until the joint review
3board approves the political subdivision's written proposal under sub. (3).
AB478, s. 50 4Section 50. 66.1106 (4) (intro.) of the statutes is amended to read:
AB478,26,145 66.1106 (4) Certification. (intro.) Upon written application to the department
6of revenue by the clerk of a political subdivision on or before April 1 of the year
7following the year in which the certification described in par. (a) is received from the
8department of natural resources
December 31 of the year the environmental
9remediation tax incremental district is created, as determined under sub. (1m) (b),
10except that if the environmental remediation tax incremental district is created
11during the period between October 1 and December 31, on or before December 31 of
12the following year
, the department of revenue shall certify to the clerk of the political
13subdivision the environmental remediation tax incremental base of a parcel of real
14property
if all of the following apply:
AB478, s. 51 15Section 51. 66.1106 (4) (b) of the statutes is amended to read:
AB478,26,2016 66.1106 (4) (b) The political subdivision submits a statement that all taxing
17jurisdictions with the authority to levy general property taxes on the parcel or
18contiguous parcels
of property have been notified that the political subdivision
19intends to recover the costs of remediating environmental pollution on the property
20and have been provided a statement of the estimated costs to be recovered.
AB478, s. 52 21Section 52. 66.1106 (7) (a) of the statutes is amended to read:
AB478,27,222 66.1106 (7) (a) Subject to pars. (b), (c) and (d), the department shall annually
23authorize the positive environmental remediation tax increment with respect to a
24parcel or contiguous parcels of property during the period of certification to the
25political subdivision that incurred the costs to remediate environmental pollution on

1the property, except that an authorization granted under this paragraph does not
2apply after the department receives the notice described under sub. (10) (b).
AB478, s. 53 3Section 53. 66.1106 (7) (d) 1. of the statutes is amended to read:
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