Amendment ASA1-AB133

AB133-ASA1,790,8 4. `Refunding bonds.' All refunding bonds to be secured by the special debt service reserve fund meet all of the following conditions:

AB133-ASA1,790,10 a. The refunding bonds are to be issued to fund, refund or advance refund bonds secured by a special debt service reserve fund.

AB133-ASA1,790,12 b. The refunding of bonds by the refunding bonds will not adversely affect the risk that the state will be called on to make a payment under par. (g).

AB133-ASA1,790,18 5. `Approval of outstanding debt.' All outstanding debt of the authority relating to the bonds has been reviewed and approved by the secretary of administration. In determining whether to approve outstanding debt under this subdivision, the secretary may consider any factor which the secretary determines to have a bearing on whether the state moral obligation pledge under par. (g) should be granted with respect to an issuance of bonds.

AB133-ASA1,790,21 6. `Financial reports.' The authority has agreed to provide to the department of administration all financial reports of the authority and all regular monthly statements of any trustee of the bonds on a direct and ongoing basis.

AB133-ASA1,791,3 (b) Payment of funds into a special debt service reserve fund. The authority shall pay into any special debt service reserve fund of the authority any moneys appropriated and made available by the state for the purposes of the special debt service reserve fund, any proceeds of a sale of bonds described under sub. (5) (a) 4. d. to the extent provided in the bond resolution authorizing the issuance of the bonds and any other moneys that are made available to the authority for the purpose of the special debt service reserve fund from any other source.

AB133-ASA1,791,19 (c) Use of moneys in the special debt service reserve fund. All moneys held in any special debt service reserve fund of the authority, except as otherwise specifically provided, shall be used solely for the payment of the principal of bonds secured in whole or in part by the special debt service reserve fund, the making of sinking fund payments with respect to these bonds, the purchase or redemption of these bonds, the payment of interest on these bonds or the payment of any redemption premium required to be paid when these bonds are redeemed prior to maturity. If moneys in a special debt service reserve fund at any time are less than the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund, the authority may not use these moneys for any optional purchase or optional redemption of the bonds. Any income or interest earned by, or increment to, any special debt service reserve fund due to the investment of moneys in the special debt service reserve fund may be transferred by the authority to other funds or accounts of the authority relating to the bonds to the extent that the transfer does not reduce the amount of the special debt service reserve fund below the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund.

AB133-ASA1,792,2 (d) Limitation on bonds secured by a special debt service reserve fund. The authority shall accumulate in each special debt service reserve fund an amount equal to the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund. The authority may not at any time issue bonds secured in whole or in part by a special debt service reserve fund if upon the issuance of these bonds the amount in the special debt service reserve fund will be less than the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund.

AB133-ASA1,792,18 (e) Special debt service reserve fund requirement. The special debt service reserve fund requirement for a special debt service reserve fund, as of any particular date of computation, is equal to an amount of money, as provided in the bond resolution authorizing the bonds with respect to which the special debt service reserve fund is established, that may not exceed the maximum annual debt service on the bonds of the authority for that fiscal year or any future fiscal year of the authority secured in whole or in part by that special debt service reserve fund. In computing the annual debt service for any fiscal year, bonds deemed to have been paid in accordance with the defeasance provisions of the bond resolution authorizing the issuance of the bonds shall not be included in bonds outstanding on such date of computation. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all of the following calculated on the assumption that the bonds will, after the date of computation, cease to be outstanding by reason, but only by reason, of the payment of bonds when due, and the payment when due, and application in accordance with the bond resolution authorizing those bonds, of all of the sinking fund payments payable at or after the date of computation:

AB133-ASA1,792,21 1. All interest payable during the fiscal year on all bonds that are secured in whole or in part by the special debt service reserve fund and that are outstanding on the date of computation.

AB133-ASA1,792,24 2. The principal amount of all of the bonds that are secured in whole or in part by the special debt service reserve fund, are outstanding on the date of computation and mature during the fiscal year.

AB133-ASA1,793,4 3. All amounts specified in bond resolutions of the authority authorizing any of the bonds that are secured in whole or in part by the special debt service reserve fund to be payable during the fiscal year as a sinking fund payment with respect to any of the bonds that mature after the fiscal year.

AB133-ASA1,793,8 (f) Valuation of securities. In computing the amount of a special debt service reserve fund for the purposes of this subsection, securities in which all or a portion of the special debt service reserve fund is invested shall be valued at par, or, if purchased at less than par, at their cost to the authority.

AB133-ASA1,793,22 (g) State moral obligation pledge. If at any time of valuation the special debt service reserve fund requirement under par. (e) for a special debt service reserve fund exceeds the amount of moneys in the special debt service reserve fund, the authority shall certify to the secretary of administration, the governor and the joint committee on finance the amount necessary to restore the special debt service reserve fund to an amount equal to the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund. If this certification is received by the secretary of administration in an even-numbered year prior to the completion of the budget compilation under s. 16.43, the secretary shall include the certified amount in the budget compilation. In any case, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so certified to the appropriate special debt service reserve fund of the authority. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make this appropriation.

AB133-ASA1, s. 1630e Section 1630e. 66.46 (2) (f) 1. L. of the statutes is created to read:

AB133-ASA1,794,3 66.46 (2) (f) 1. L. Costs for the removal, or containment, of lead contamination in buildings or infrastructure if the city declares that such lead contamination is a public health concern.

AB133-ASA1, s. 1630em Section 1630em. 66.46 (4m) (b) 2. of the statutes is amended to read:

AB133-ASA1,794,8 66.46 (4m) (b) 2. No Except as provided in subd. 2m., no tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1. by a majority vote not less than 10 days nor more than 30 days after receiving the resolution.

AB133-ASA1, s. 1630f Section 1630f. 66.46 (4m) (b) 2m. of the statutes is created to read:

AB133-ASA1,794,16 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.

AB133-ASA1, s. 1630h Section 1630h. 66.46 (5) (bf) of the statutes is created to read:

AB133-ASA1,795,2 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.

AB133-ASA1, s. 1630j Section 1630j. 66.46 (5) (cf) of the statutes is created to read:

AB133-ASA1,795,7 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.

AB133-ASA1, s. 1630m Section 1630m. 66.46 (6c) of the statutes is amended to read:

AB133-ASA1,795,18 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.

AB133-ASA1,796,2 (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.

AB133-ASA1, s. 1632 Section 1632. 66.462 (1) (c) of the statutes is amended to read:

AB133-ASA1,796,23 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.

AB133-ASA1, s. 1634 Section 1634. 66.462 (2) of the statutes is renumbered 66.462 (2) (a) and amended to read:

AB133-ASA1,797,17 66.462 (2) (a) 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. If the political subdivision owns the property that is being remediated, the political subdivision may not sell or otherwise transfer the property to any person who is responsible for the environmental pollution which is remediated. 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).

AB133-ASA1, s. 1634c Section 1634c. 66.462 (2) (b) of the statutes is created to read:

AB133-ASA1,797,21 66.462 (2) (b) No expenditure for an eligible cost may be made by a political subdivision later than 7 years after the environmental remediation tax incremental base is certified by the department under sub. (4).

AB133-ASA1, s. 1635 Section 1635. 66.462 (3) (a) of the statutes is amended to read:

AB133-ASA1,798,17 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.

AB133-ASA1, s. 1635c Section 1635c. 66.462 (3) (b) 2. of the statutes is amended to read:

AB133-ASA1,798,21 66.462 (3) (b) 2. No written application may be submitted under sub. (4) unless the board approves the written proposal under sub. (2) (a) by a majority vote not less than 10 days nor more than 30 days after receiving the proposal.

AB133-ASA1, s. 1635m Section 1635m. 66.462 (3) (bm) of the statutes is created to read:

AB133-ASA1,799,2 66.462 (3) (bm) A joint review board acting under this section, or under s. 66.46 (4m), as described in par. (d), may not approve a proposal under this section for which the political subdivision has incurred eligible costs, or which contains estimates of eligible costs, in excess of $80,000, unless one of the following applies:

AB133-ASA1,799,7 1. The contract entered into by the political subdivision to remediate the environmental pollution on the property to which the proposal applies contains a guaranteed maximum cost, that is to be paid by the political subdivision, which is consistent with the costs identified in the remedial action plan described under sub. (4) (a).

AB133-ASA1,799,9 2. The political subdivision obtains insurance to cover any costs that exceed the costs identified in the remedial action plan described under sub. (4) (a).

AB133-ASA1, s. 1636 Section 1636. 66.462 (4) (a) of the statutes is amended to read:

AB133-ASA1,799,21 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.

AB133-ASA1, s. 1636e Section 1636e. 66.462 (4) (c) of the statutes is amended to read:

AB133-ASA1,800,2 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.

AB133-ASA1, s. 1637t Section 1637t. 66.521 (6m) of the statutes is amended to read:

AB133-ASA1,800,12 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).

AB133-ASA1, s. 1638e Section 1638e. 66.55 (1) (a) of the statutes is amended to read:

AB133-ASA1,800,22 66.55 (1) (a) "Capital costs" means the capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering and design costs unless the political subdivision municipality can demonstrate that its legal, engineering and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.

AB133-ASA1, s. 1638ec Section 1638ec. 66.55 (1) (c) of the statutes is amended to read:

AB133-ASA1,801,3 66.55 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer by a political subdivision municipality under this section.

AB133-ASA1, s. 1638ee Section 1638ee. 66.55 (1) (d) of the statutes is amended to read:

AB133-ASA1,801,9 66.55 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision municipality or that results in nonresidential uses that create a need for new, expanded or improved public facilities within a political subdivision municipality.

AB133-ASA1, s. 1638eg Section 1638eg. 66.55 (1) (e) of the statutes is amended to read:

AB133-ASA1,801,12 66.55 (1) (e) "Political subdivision Municipality" means a city, village, or town or county.

AB133-ASA1, s. 1638ei Section 1638ei. 66.55 (1) (f) of the statutes is amended to read:

AB133-ASA1,801,23 66.55 (1) (f) "Public facilities" means highways, as defined in s. 340.01 (22), and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds and other recreational facilities, solid waste and recycling facilities, lands for parks and real property improvements to parks, fire protection facilities, law enforcement facilities, and emergency medical facilities and libraries except that, with regard to counties, "public facilities" does not include highways, as defined in s. 340.01 (22), other transportation facilities or traffic control devices. "Public facilities" does not include facilities owned by a school district.

AB133-ASA1, s. 1638ek Section 1638ek. 66.55 (1) (fs) of the statutes is created to read:

AB133-ASA1,802,4 66.55 (1) (fs) "Real property improvements to parks" means basic facilities and improvements that include shelters, playground equipment, parking lots and restroom facilities, but does not include swimming pools, multiple baseball diamonds or scoreboards.

AB133-ASA1, s. 1638eL Section 1638eL. 66.55 (1) (g) of the statutes is amended to read:

AB133-ASA1,802,7 66.55 (1) (g) "Service area" means a geographic area delineated by a political subdivision municipality within which there are public facilities.

AB133-ASA1, s. 1638en Section 1638en. 66.55 (1) (h) of the statutes is amended to read:

AB133-ASA1,802,11 66.55 (1) (h) "Service standard" means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure, as specified by the political subdivision municipality.

AB133-ASA1, s. 1638ep Section 1638ep. 66.55 (2) (a) of the statutes is amended to read:

AB133-ASA1,802,15 66.55 (2) (a) Subject to par. (am), a political subdivision A municipality may enact an ordinance under this section that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

AB133-ASA1, s. 1638er Section 1638er. 66.55 (2) (am) of the statutes is repealed.

AB133-ASA1, s. 1638et Section 1638et. 66.55 (2) (b) of the statutes is amended to read:

AB133-ASA1,802,23 66.55 (2) (b) Subject to par. (c), this section does not prohibit or limit the authority of a political subdivision municipality to finance public facilities by any other means authorized by law, except that the amount of an impact fee imposed by a political subdivision municipality shall be reduced, under sub. (6) (d), to compensate for any other costs of public facilities imposed by the political subdivision municipality on developers to provide or pay for capital costs.

AB133-ASA1, s. 1638ev Section 1638ev. 66.55 (2) (c) of the statutes is amended to read:

AB133-ASA1,803,2 66.55 (2) (c) Beginning on May 1, 1995, a political subdivision municipality may impose and collect impact fees only under this section.

AB133-ASA1, s. 1638ex Section 1638ex. 66.55 (3) of the statutes is amended to read:

AB133-ASA1,803,9 66.55 (3) Public hearing; notice. Before enacting an ordinance that imposes impact fees, or amending an existing ordinance that imposes impact fees, a political subdivision municipality shall hold a public hearing on the proposed ordinance or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or amendment and the public facilities needs assessment may be obtained.

AB133-ASA1, s. 1638f Section 1638f. 66.55 (4) (a) (intro.) of the statutes is amended to read:

AB133-ASA1,803,16 66.55 (4) (a) (intro.) Before enacting an ordinance that imposes impact fees or amending an ordinance that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a political subdivision municipality shall prepare a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. The public facilities needs assessment shall include, but not be limited to, the following:

AB133-ASA1, s. 1638fc Section 1638fc. 66.55 (4) (a) 3. of the statutes is amended to read:

AB133-ASA1,803,22 66.55 (4) (a) 3. A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities identified in subd. 2., including an estimate of the effect of recovering these capital costs through impact fees on the availability of affordable housing within the political subdivision municipality.

AB133-ASA1, s. 1638fe Section 1638fe. 66.55 (4) (b) of the statutes is amended to read:

AB133-ASA1,804,2 66.55 (4) (b) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the clerk of the political subdivision municipality at least 20 days before the hearing under sub. (3).

AB133-ASA1, s. 1638fg Section 1638fg. 66.55 (5) (b) of the statutes is amended to read:

AB133-ASA1,804,11 66.55 (5) (b) An ordinance enacted under this section may delineate geographically defined zones within the political subdivision municipality and may impose impact fees on land development in a zone that differ from impact fees imposed on land development in other zones within the political subdivision municipality. The public facilities needs assessment that is required under sub. (4) shall explicitly identify the differences, such as land development or the need for those public facilities, which justify the differences between zones in the amount of impact fees imposed.

AB133-ASA1, s. 1638fi Section 1638fi. 66.55 (6) (b) of the statutes is amended to read:

AB133-ASA1,804,15 66.55 (6) (b) May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the political subdivision municipality.

AB133-ASA1, s. 1638fk Section 1638fk. 66.55 (6) (d) of the statutes is amended to read:

AB133-ASA1,804,21 66.55 (6) (d) Shall be reduced to compensate for other capital costs imposed by the political subdivision municipality with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedications under ch. 236 or any other items of value.

AB133-ASA1, s. 1638fm Section 1638fm. 66.55 (6) (g) of the statutes is amended to read:

AB133-ASA1,805,3 66.55 (6) (g) Shall be payable by the developer to the political subdivision municipality, either in full or in instalment payments that are approved by the political subdivision, before municipality, and may not be due on a date that is earlier than the date on which a building permit may be for the construction of a dwelling or other structure within the land development is issued or other required approval may be given by the political subdivision.

AB133-ASA1, s. 1638fo Section 1638fo. 66.55 (7) of the statutes is amended to read:

AB133-ASA1,805,10 66.55 (7) Low-cost housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing, except that no amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the political subdivision municipality.

AB133-ASA1, s. 1638fq Section 1638fq. 66.55 (8) of the statutes is amended to read: