For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB179,1 1Section 1. 24.63 (5) of the statutes is created to read:
AB179,6,62 24.63 (5) Brownfield project loans. A state trust fund loan to a city, village,
3or town made for the purpose of funding a project related to brownfields, as defined
4in s. 238.13 (1) (a), may not be included in arriving at the debt limitation under sub.
5(1) or the constitutional debt limitation under article XI, section 3, of the constitution
6if all of the following apply:
AB179,6,77 (a) The term of the loan is not more than 15 years.
AB179,7,1
1(b) The loan is not in default.
AB179,7,42 (c) The department of natural resources verifies to the board that the site on
3which the project will occur is a brownfield, or, if the project encompasses more than
4one site, verifies that not less than 50 percent of the project area is brownfield.
AB179,2 5Section 2. 66.0627 (title) of the statutes is amended to read:
AB179,7,7 666.0627 (title) Special charges for current services and energy and
7water efficiency improvement loans
certain loan repayments.
AB179,3 8Section 3. 66.0627 (1) (a) of the statutes is renumbered 66.0627 (1) (am).
AB179,4 9Section 4. 66.0627 (1) (ad) of the statutes is created to read:
AB179,7,1210 66.0627 (1) (ad) “Brownfield revitalization project" means any of the following
11actions when taken upon commercial or industrial premises that are located on, or
12that constitute, brownfields, as defined in s. 238.13 (1) (a):
AB179,7,1313 1. Site assessment.
AB179,7,1414 2. Remediation.
AB179,7,1515 3. Lead or asbestos abatement.
AB179,7,1616 4. Demolition.
AB179,7,1717 5. Standard site preparation actions not included in subd. 1. to 4.
AB179,5 18Section 5. 66.0627 (8) (a) of the statutes is amended to read:
AB179,8,719 66.0627 (8) (a) A political subdivision may make a loan, or enter into an
20agreement regarding loan repayments to a 3rd party for owner-arranged or
21lessee-arranged financing, to an owner or lessee of a premises located in the political
22subdivision for a brownfield revitalization project or for making or installing an
23energy efficiency improvement, a water efficiency improvement, or a renewable
24resource application to the premises. If a political subdivision makes a loan or enters
25into an agreement under this paragraph, the political subdivision may collect the

1loan repayment as a special charge under this section. Notwithstanding sub. (4), a
2special charge imposed under this paragraph may be collected in installments and
3may be included in the current or next tax roll for collection and settlement under
4ch. 74 even if the special charge is not delinquent. If a political subdivision makes
5a loan, or enters into an agreement regarding loan repayments to a 3rd party, for a
6brownfield revitalization project under this paragraph, the repayment period may
7exceed 20 years.
AB179,6 8Section 6. 66.0627 (8) (d) of the statutes is amended to read:
AB179,8,179 66.0627 (8) (d) A political subdivision that, under par. (a), makes a loan to, or
10enters an agreement with, an owner for making or installing an improvement or
11application that costs $250,000 or more shall require the owner to obtain a written
12guarantee from the contractor or project engineer that the improvement or
13application will achieve a savings-to-investment ratio of greater than 1.0 and that
14the contract or engineer will annually pay the owner any shortfall in savings below
15this level. The political subdivision may determine the method by which a guarantee
16under this paragraph is enforced. This paragraph does not apply to a loan or
17agreement for a brownfield revitalization project.
AB179,7 18Section 7. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:
AB179,9,519 66.1105 (4) (gm) 4. c. Except as provided in subs. (10) (c), (16) (d), (17), and, (18)
20(c) 3., and (20) (c) the equalized value of taxable property of the district plus the value
21increment of all existing districts does not exceed 12 percent of the total equalized
22value of taxable property within the city. In determining the equalized value of
23taxable property under this subd. 4. c. or sub. (17) (c), the department of revenue
24shall base its calculations on the most recent equalized value of taxable property of
25the district that is reported under s. 70.57 (1m) before the date on which the

1resolution under this paragraph is adopted. If the department of revenue determines
2that a local legislative body exceeds the 12 percent limit described in this subd. 4. c.
3or sub. (17) (c), the department shall notify the city of its noncompliance, in writing,
4not later than December 31 of the year in which the department receives the
5completed application or amendment forms described in sub. (5) (b).
AB179,8 6Section 8. 66.1105 (20) of the statutes is created to read:
AB179,9,77 66.1105 (20) Environmental remediation districts. (a) In this subsection:
AB179,9,88 1. “Environmental pollution" has the meaning given in s. 299.01 (4).
AB179,9,129 2. “Environmental remediation tax incremental district" means a tax
10incremental district created under this section, most of the territory of which consists
11of areas that contain significant environmental pollution, and which is subject to the
12conditions and limitations contained in this subsection.
AB179,9,1813 (b) Before a city may adopt a resolution under sub. (4) (gm) with regard to an
14environmental remediation tax incremental district, the local legislative body shall
15obtain under par. (c) a certified site investigation report from the department of
16natural resources. The city shall submit a copy of the certified report to the
17department of revenue before the department may allocate tax increments under
18sub. (6).
AB179,9,2519 (c) To obtain a certified site investigation report, the city shall send to the
20department of natural resources a detailed description of the significant
21environmental pollution that exists in the proposed district, and a proposed remedial
22action plan that contains cost estimates for anticipated project costs and a schedule
23for the design, implementation, and construction that is needed to complete the
24remediation with respect to the proposed district in accordance with rules
25promulgated by the department of natural resources. If the department of natural

1resources agrees with the city's description of the conditions in the proposed district
2and approves of the city's proposed remedial action plan, it shall provide the city with
3written certification that the department of natural resources has approved the site
4investigation report. If the department of natural resources does not approve the
5report, the city may modify and resubmit the report to the department of natural
6resources.
AB179,10,87 (d) With regard to an environmental remediation tax incremental district
8created under this subsection:
AB179,10,99 1. The 12-percent limit specified in sub. (4) (gm) 4. c. does not apply.
AB179,10,1110 2. Notwithstanding the provisions of sub. (5), the tax incremental base of the
11district shall be $1 when the district is created.
AB179,9 12Section 9. 66.1106 (15) of the statutes is created to read:
AB179,10,1413 66.1106 (15) Sunset. No district may be created under this section on or after
14the effective date of this subsection .... [LRB inserts date].
AB179,10 15Section 10. 66.1109 (2m) of the statutes is created to read:
AB179,10,1716 66.1109 (2m) A municipality may annex territory to an existing business
17improvement district if all of the following are met:
AB179,10,1918 (a) An owner of real property used for commercial purposes and located in the
19territory proposed to be annexed has petitioned the municipality for annexation.
AB179,10,2020 (b) The planning commission has approved the annexation.
AB179,11,221 (c) At least 30 days before annexation of the territory, the planning commission
22has held a public hearing on the proposed annexation. Notice of the hearing shall
23be published as a class 2 notice under ch. 985. Before publication, a copy of the notice
24together with a copy of a detail map showing the boundaries of the territory proposed
25to be annexed to the business improvement district shall be sent by certified mail to

1all owners of real property within the territory proposed to be annexed. The notice
2shall state the boundaries of the territory proposed to be annexed.
AB179,11,113 (d) Within 30 days after the hearing under par. (c), the owners of property in
4the territory to be annexed that would be assessed under the operating plan having
5a valuation equal to more than 40% of the valuation of all property in the territory
6to be annexed that would be assessed under the operating plan, using the method of
7valuation specified in the operating plan, or the owners of property in the territory
8to be annexed that would be assessed under the operating plan having an assessed
9valuation equal to more than 40% of the assessed valuation of all property in the
10territory to be annexed that would be assessed under the operating plan, have not
11filed a petition with the planning commission protesting the annexation.
AB179,11 12Section 11. 66.1109 (4g) of the statutes is created to read:
AB179,11,1913 66.1109 (4g) A municipality may convert a business improvement district
14under this section into a neighborhood improvement district under s. 66.1110 if an
15owner of real property that is subject to general real estate taxes, that is used
16exclusively for residential purposes, and that is located in the business improvement
17district petitions the municipality for the conversion. If the municipality approves
18the petition, the board shall consider and may make changes to the operating plan
19under s. 66.1110 (4) (b).
AB179,12 20Section 12. 66.1110 (4m) of the statutes is created to read:
AB179,11,2221 66.1110 (4m) A municipality may annex territory to an existing neighborhood
22improvement district if all of the following conditions are met:
AB179,11,2523 (a) An owner of real property subject to general real estate taxes and located
24in the territory proposed to be annexed has petitioned the municipality for
25annexation.
AB179,12,1
1(b) The planning commission has approved the annexation.
AB179,12,82 (c) At least 30 days before annexation, the planning commission has held a
3public hearing on the proposed annexation. Notice of the hearing shall be published
4as a class 2 notice under ch. 985. Before publication, a copy of the notice, together
5with a copy of a detail map showing the boundaries of the territory proposed to be
6annexed to the neighborhood improvement district, shall be sent by certified mail to
7all owners of real property within the territory proposed to be annexed. The notice
8shall state the boundaries of the territory proposed to be annexed.
AB179,12,109 (d) Within 30 days after the hearing under par. (c), one of the following has not
10filed a petition with the planning commission protesting the proposed annexation:
AB179,12,1411 1. The owners of property in the territory to be annexed that would be assessed
12under the operating plan having a valuation equal to more than 40 percent of the
13valuation of all property in the territory to be annexed that would be assessed under
14the operating plan, using the method of valuation specified in the operating plan.
AB179,12,1815 2. The owners of property in the territory to be annexed that would be assessed
16under the operating plan having an assessed valuation equal to more than 40 percent
17of the assessed valuation of all property in the territory to be annexed that would be
18assessed under the operating plan.
AB179,13 19Section 13. 75.106 (2) of the statutes is amended to read:
AB179,12,2420 75.106 (2) Assignment authorized. Before a judgment is issued under s. 75.521
21or a tax deed is executed under s. 75.14, the governing body of a county may assign
22to a person the county's right to take judgment with respect to any parcel that is
23subject to the county's foreclosure action under s. 75.521 or to take a tax deed with
24respect to any parcel subject to s. 75.14
, if all of the following apply:
AB179,13,4
1(a) The governing body of the county provides written notice to the governing
2body of the city, town, or village in which the parcel that is subject to the county's
3foreclosure action
is located at least 15 days before the governing body of the county
4meets to consider the approval of the assignment.
AB179,13,75 (b) The governing body of the county produces a written assignment that is
6signed on behalf of the county, the assignee and the city, town, or village in which the
7parcel that is subject to the county's foreclosure action is located.
AB179,13,98 (c) The assignment identifies the parcel for which a judgment or tax deed is
9assigned.
AB179,13,1010 (d) The parcel for which a judgment or tax deed is assigned is a brownfield.
AB179,13,1411 (e) The assignment requires an environmental assessment of the parcel and
12requires that the department be provided the results of that assessment before a
13final judgment under s. 75.521 or a tax deed under s. 75.14 related to the parcel is
14granted to the assignee.
AB179,13,2315 (f) The assignment requires that, if the parcel is contaminated by the discharge
16of a hazardous substance, as determined by the assessment under par. (e), and if the
17assignee elects to accept the judgment or deed assigned under this subsection
18regardless of the contamination, the assignee enter into an agreement with the
19department, before a final judgment is issued under s. 75.521 or a tax deed is issued
20under s. 75.14
related to the parcel, to clean up the parcel to the extent practicable;
21to minimize any harmful effects from the hazardous substance pursuant to rules the
22department promulgates; and to maintain and monitor the parcel pursuant to rules
23the department promulgates.
AB179,14,224 (g) The assignment and an affidavit from the county treasurer that attests to
25the county governing body's approval of the assignment are filed with the court that

1is presiding over the county's foreclosure action under s. 75.521 or, in the case of a
2tax deed issued under s. 75.14, with the register of deeds
.
AB179,14 3Section 14 . 75.106 (4) of the statutes is renumbered 75.106 (4) (a) and
4amended to read:
AB179,14,135 75.106 (4) (a) An assignee who is granted a judgment under sub. (3) shall take
6title to, and is the owner of, the parcel that is the subject of the assignment, except
7that a person who commences an action under s. 75.521 (14a) related to the parcel
8shall commence the action against only the county that assigned judgment to the
9parcel under sub. (2). An assignment under sub. (2) may provide that an assignee
10under sub. (2) who is granted a judgement under sub. (3) shall indemnify the county
11that makes the assignment and hold the county harmless against any loss, expense,
12liability, or damage that the county may incur as a result of an action under s. 75.521
13(14a).
AB179,15 14Section 15 . 75.106 (4) (b) of the statutes is created to read:
AB179,14,2215 75.106 (4) (b) An assignee who is assigned a tax deed under sub. (2) shall take
16title to, and is the owner of, the parcel that is the subject of the assignment, except
17that a person who commences an action under s. 75.144 or 893.25 related to the
18parcel shall commence the action against only the county that assigned the tax deed
19under sub. (2). An assignment of a tax deed under sub. (2) may provide that an
20assignee shall indemnify the county that makes the assignment and hold the county
21harmless against any loss, expense, liability, or damage that the county may incur
22as a result of an action under s. 75.144 or 893.25.
AB179,16 23Section 16. 285.675 of the statutes is created to read:
AB179,14,25 24285.675 Pilot program for manufacturing facilities on brownfields. (1)
25In this section:
AB179,15,1
1(a) “Green Tier Program" means the program under s. 299.83.
AB179,15,32 (b) “Registration permit" means an air pollution control permit under s. 285.60
3(2g).
AB179,15,8 4(2) The department shall implement a pilot program under which a
5participating owner or operator is not required to make changes to the air pollution
6controls for a stationary source due to new or modified legal requirements, except as
7required under the federal clean air act, for 10 years after the department grants
8coverage under a registration permit for the stationary source.
AB179,15,10 9(3) The department may allow an owner or operator to participate in the pilot
10program under this section only if all of the following apply:
AB179,15,1211 (a) The stationary source is a minor source and is eligible for coverage under
12a registration permit.
AB179,15,1413 (b) The stationary source is a manufacturing facility that the owner or operator
14is constructing.
AB179,15,1815 (c) The stationary source is located on property on which the owner or operator
16has conducted the activities required under s. 292.15 (2) (a) 2., (ae) 2., or (ag) 1. and
17the owner or operator has obtained a certificate of completion from the department
18under s. 292.15 (2) (a) 3., (ae) 3., or (ag) 2. for the property.
AB179,15,2019 (d) The owner or operator is a participant in tier I or tier II of the Green Tier
20Program and the manufacturing facility is included in the program.
AB179,15,23 21(4) The department may specify limitations on participation in the pilot
22program, such as limitations on the number of participants or on the location in
23which the pilot program operates.
AB179,16,4 24(5) No later than the first day of the 60th month beginning after department
25implements the pilot program, the department shall submit a report, to the governor

1and to the standing committees of the legislature with jurisdiction over
2environmental matters under s. 13.172 (3), on the pilot program, including the
3environmental and economic effects of the pilot program and the department's
4recommendations about whether the pilot program should be expanded.
AB179,17 5Section 17. 292.13 (1m) (intro.) of the statutes is amended to read:
AB179,16,106 292.13 (1m) Exemption from liability for soil contamination. (intro.) A
7person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence
8of a hazardous substance in the soil, including sediments, or in vapor emitted from
9the soil or groundwater
on property possessed or controlled by the person if all of the
10following apply:
AB179,18 11Section 18 . 292.13 (2) of the statutes is amended to read:
AB179,16,1812 292.13 (2) Determinations concerning liability. The department shall, upon
13request, issue a written determination that a person who possesses or controls
14property on which a hazardous substance exists in the soil or groundwater, or in
15vapor emitted from the soil or groundwater,
is exempt from s. 292.11 (3), (4) and (7)
16(b) and (c) if the person satisfies the applicable requirements in subs. (1) and (1m).
17The department may revoke its determination if it determines that any of the
18requirements in sub. (1) or (1m) cease to be met.
AB179,19 19Section 19. 292.15 (1) (c) of the statutes is created to read:
AB179,16,2220 292.15 (1) (c) “Property" means the area of real property that is included in an
21application to obtain an exemption under this section, made up of a parcel or
22contiguous parcels, the legal description of which is contained in one or more deeds.
AB179,20 23Section 20 . 292.15 (2) (at) of the statutes is created to read:
AB179,17,424 292.15 (2) (at) Subdivision, transfer, or other change in property. The
25subdivision or transfer of a property, the combination of a property with another

1property, or any other similar change to the legal boundaries of the property do not
2affect a voluntary party's eligibility for the liability exemption under this section if
3change occurs after the department has approved any required environmental
4investigation and if all other applicable requirements for the exemption are met.
AB179,17,55 (End)
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