This bill authorizes MMSD to let one contract for public construction using the design-build construction process. The contract is exempted from the lowest-responsible bidder requirement, and may be only for the construction of a deep tunnel pump station. The design-build construction process is defined as a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project. The bill requires MMSD to submit to DNR performance objectives and preliminary designs for the design-build project, rather than the completed plans required under current law.
For further information see the 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:
SECTION 1. 200.47 (2) (a) of the statutes is amended to read:
200.47 (2) (a) Except for a contract awarded under par. (f) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.
SECTION 2. 200.47 (2) (f) of the statutes is created to read:
200.47 (2) (f) 1. In this paragraph, "design-build construction process" means a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project.
2. The commission may let only one contract under sub. (1) that uses the design-build construction process, and that contract may be let only for a deep tunnel pump station.
3. A contract that is let under sub. (1) and that uses the design-build construction process under subd. 2. does not need to comply with s. 200.49, although the commission shall make an effort to ensure that the goal described in s. 200.49 (3) (a) is met and that the good faith effort described in s. 200.49 (3) (b) is made.
SECTION 3. 281.01 (3e) of the statutes is created to read:
281.01 (3e) "Design-build construction process" has the meaning given in s. 200.47 (2) (f) 1.
SECTION 4. 281.41 (1) (a) of the statutes is amended to read:
281.41 (1) (a) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and any other information concerning maintenance, operation and other details that the department requires, including the information specified under s. 281.35 (5) (a), if applicable. Owners contracting for a system, plant, or extension under the design-build construction process shall submit to the department performance objectives and preliminary designs in a form that is satisfactory to the department, rather than complete plans. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn, a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of the plans for approval, the department or its authorized representative shall notify the owner of the date of receipt.
(End)
LRB-1465LRB-1465/2
RCT:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0332 - Farmland preservation program changes
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, an eligible claimant may recover a certain amount of property taxes paid through the refundable farmland preservation credit. When a tax credit is refundable and the amount of the credit that is otherwise due an eligible claimant exceeds the claimant's tax liability, or there is no outstanding tax liability, the excess amount of the credit is paid to the claimant by check.
Under current law, the land to which a claim for the farmland preservation credit relates must be subject either to a farmland preservation agreement or to an exclusive agricultural use zoning ordinance that is certified by the Land and Water Conservation Board (LWCB). Land that is not subject to exclusive agricultural use zoning may become subject to a farmland preservation agreement only if the county in which the land is located has an agricultural preservation plan that is certified by LWCB. A farmland preservation agreement is between the landowner and DATCP. The agreement commits the owner to keep the land in agricultural use for the duration of the agreement, up to 25 years, although the law allows DATCP or LWCB to release land from an agreement under certain circumstances. Under current law, when land is rezoned from exclusive agricultural use and in some of the circumstances under which land is released from a farmland preservation agreement, DATCP is required to file a lien against the land for the amount of the farmland preservation credit received by the owner during the preceding ten years.
This bill eliminates the requirement that DATCP file a lien against land that is released from a farmland preservation agreement or that is rezoned from exclusive agricultural use. Under this bill, DATCP may not release land from a farmland preservation agreement until the owner pays $100 per acre to this state, except in certain cases, such as the death or disability of the owner. Also under this bill, rezoning of land from exclusive agricultural zoning must be conditioned on payment of $100 per acre of land that is rezoned. Payment is made to the local governmental unit that grants the rezoning.
This bill also provides that DATCP, rather than LWCB, certifies exclusive agricultural use zoning ordinances and county agricultural preservation plans and revisions to the ordinances and plans. DATCP may, but is not required to, grant certification based on a signed statement, by the relevant local governmental unit, that the ordinance or plan meets the requirements for certification.
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:
SECTION 1. 71.60 (1) (b) of the statutes is amended to read:
71.60 (1) (b) The credit allowed under this subchapter shall be limited to 90% of the first $2,000 of excessive property taxes plus 70% of the 2nd $2,000 of excessive property taxes plus 50% of the 3rd $2,000 of excessive property taxes. The maximum credit shall not exceed $4,200 for any claimant. The credit for any claimant shall be the greater of either the credit as calculated under this subchapter as it exists at the end of the year for which the claim is filed or as it existed on the date on which the farmland became subject to a current agreement under subch. II or III of ch. 91 or under subch. III of ch. 91, 2005 stats., using for such calculations household income and property taxes accrued of the year for which the claim is filed.
SECTION 2. 71.60 (1) (c) 3. of the statutes is amended to read:
71.60 (1) (c) 3. If the claimant or any member of the claimant's household owns farmland which is ineligible for credit under subd. 1. or 2. but was subject to a farmland preservation agreement under subch. III of ch. 91, 2005 stats., on July 1 of the year for which credit is claimed, or the owner had applied for such an agreement before July 1 of such year and the agreement has subsequently been executed, and if the owner has applied by the end of the year in which conversion under s. 91.41, 2005 stats., is first possible for conversion of the agreement to a transition area agreement under subch. II of ch. 91, and the transition area agreement has subsequently been executed, and the farmland is located in a city or village which has a certified exclusive agricultural use zoning ordinance under subch. V of ch. 91 in effect at the close of the year for which credit is claimed, or in a town which is subject to a certified county exclusive agricultural use zoning ordinance under subch. V of ch. 91 in effect at the close of the year for which credit is claimed, the amount of the claim shall be that specified in par. (b).
SECTION 3. 71.60 (1) (c) 5. of the statutes is amended to read:
71.60 (1) (c) 5. If the claimant or any member of the claimant's household owns farmland which is ineligible for credit under subds. 1. to 4. but was subject to a farmland preservation agreement under subch. III of ch. 91, 2005 stats., on July 1 of the year for which credit is claimed, or the owner had applied for such an agreement before July 1 of such year and the agreement has subsequently been executed, and if the owner has applied by the end of the year in which conversion under s. 91.41, 2005 stats., is first possible for conversion of the agreement to an agreement under subch. II of ch. 91, and the agreement under subch. II of ch. 91 has subsequently been executed, the amount of the claim shall be limited to 80% of that specified in par. (b).
SECTION 4. 71.60 (1) (c) 8. of the statutes is amended to read:
71.60 (1) (c) 8. If the farmland is subject to a farmland preservation agreement under subch. III of ch. 91, 2005 stats., on July 1 of the year for which credit is claimed or the claimant had applied for such an agreement before July 1 of such year and the agreement has subsequently been executed, the amount of the claim shall be limited to 50% of that specified in par. (b).
SECTION 5. 91.06 of the statutes is renumbered 91.06 (1) and amended to read:
91.06 (1) CERTIFICATION BY BOARD. The Before the effective date of this subsection .... [revisor inserts date], the board shall review farmland preservation plans and exclusive agricultural use zoning ordinances submitted to it under ss. 91.61 and 91.78 and shall certify to the appropriate zoning authority whether the plans and ordinances meet the standards of subchs. IV and V, respectively. Certifications may be in whole or in part.
SECTION 6. 91.06 (2) and (3) of the statutes are created to read:
91.06 (2) CERTIFICATION OF PLANS. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:
1. The department may certify a county farmland preservation plan or revision to a county farmland preservation plan based on the county certification under s. 91.61 (2) (d).
2. The department may do any of the following before it determines whether to certify a county's farmland preservation plan or revision to a plan:
a. Review the plan or revision for compliance with ss. 91.51 to 91.59.
b. Review and audit the application for certification under s. 91.61 (2).
(b) The department shall grant or deny an application for certification under s. 91.61 (2) in writing no later than the 90th day following receipt of a complete application, unless the county agrees to an extension.
(c) The department may grant an application for certification under s. 91.61 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county does not make the required changes by a deadline specified by the department.
(d) For the purposes of this chapter and subch. IX of ch. 71, a certified farmland preservation plan does not include a revision to the plan adopted after the effective date of this paragraph .... [revisor inserts date], unless the department certifies the revision under par. (b).
(3) CERTIFICATION OF ORDINANCES. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:
1. The department may certify an exclusive agricultural use zoning ordinance or revision to an ordinance based on the certification under s. 91.78 (2) (d).
2. The department may do any of the following before it determines whether to certify an exclusive agricultural use zoning ordinance or revision to an ordinance:
a. Review the ordinance or revision for compliance with ss. 91.75 and 91.77.
b. Review and audit the application for certification under s. 91.78 (2).
(b) The department shall grant or deny an application for certification under s. 91.78 (2) in writing no later than the 90th day following receipt of a complete application, unless the county, city, village, or town agrees to an extension.
(c) The department may grant an application for certification under s. 91.78 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county, city, village, or town does not make the required changes by a deadline specified by the department.
SECTION 7. 91.13 (8) (fm) of the statutes is amended to read:
91.13 (8) (fm) A statement in boldface uppercase type that contains the following language: "UPON RELINQUISHMENT (WITHDRAWAL OR EXPIRATION) OF FROM THIS AGREEMENT, A PAYBACK OF CREDITS WITH INTEREST PAYMENT TO THE STATE MAY BE REQUIRED."
SECTION 8. 91.17 (1) of the statutes is amended to read:
91.17 (1) Land subject to a farmland preservation agreement may be sold without a lien being filed payment being made under s. 91.19 (7m), subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.
SECTION 9. 91.17 (2) of the statutes is amended to read:
91.17 (2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien payment under s. 91.19 (8) (7m).
SECTION 10. 91.17 (3) of the statutes is repealed.
SECTION 11. 91.19 (2) (intro.) of the statutes is amended to read:
91.19 (2) (intro.) The Subject to sub. (7m), the department may relinquish the farmland preservation agreement or may release part of the land from a farmland preservation agreement prior to the termination date contained in the instrument as follows:
SECTION 12. 91.19 (3) of the statutes is amended to read:
91.19 (3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board department. The board department shall, within 60 days, upon consideration of the factors in sub. (2) (b) and (c) 2., approve or reject the application for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.
SECTION 13. 91.19 (5) of the statutes is amended to read:
91.19 (5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.
SECTION 14. 91.19 (6p) of the statutes is repealed.
SECTION 15. 91.19 (6s) (a) 1. of the statutes is amended to read:
91.19 (6s) (a) 1. An application for release of the land, made by either the owner or the local unit of government, is approved by the local governing body having jurisdiction and the board department under the procedures of subs. (2) to (5).
SECTION 16. 91.19 (6s) (b) of the statutes is amended to read:
91.19 (6s) (b) If an owner of land subject to a farmland preservation agreement opposes an application brought by a local unit of government for release of that land, the owner may appeal the approval of that application by the local governing body having jurisdiction to the board department according to the procedures in par. (c).
SECTION 17. 91.19 (6s) (c) of the statutes is amended to read:
91.19 (6s) (c) If the application for release of any land from the agreement is approved by the local governing body having jurisdiction, the application shall be returned to the applicant, and a copy of the application to the owner, with a written statement regarding the reasons for approval. Within 30 days after receipt of a copy of the approved application, the owner may appeal the approval to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request to disapprove the release. If the board department approves the owner's appeal it shall notify the local governing body having jurisdiction.
SECTION 18. 91.19 (6s) (d) of the statutes is amended to read:
91.19 (6s) (d) The board department may waive its approval authority under this subsection for applications affecting less than 5 acres of land.
SECTION 19. 91.19 (6t) of the statutes is amended to read:
91.19 (6t) The Subject to sub. (7m), the department shall relinquish from a farmland preservation agreement land that has been subject to a farmland preservation agreement for at least 10 years if the owner of the land so requests.
SECTION 20. 91.19 (7) of the statutes is repealed.
SECTION 21. 91.19 (7m) of the statutes is created to read:
91.19 (7m) (a) Except as provided in par. (b), the department may not relinquish a farmland preservation agreement under sub. (3), (5), or (6t) or release land from a farmland preservation agreement under sub. (3) or (5) until the owner pays to the department $100 per acre of land that is no longer covered by the farmland preservation agreement.
(b) The payment under par. (a) does not apply to land that is zoned exclusively for agricultural use under an ordinance certified under subch. V.
SECTION 22. 91.19 (8) to (13) of the statutes are repealed.
SECTION 23. 91.21 (1) of the statutes is amended to read:
91.21 (1) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter changes the use of the land to a prohibited use without first acting under ss. 91.17 and 91.19 and the land is not relinquished under s. 91.19 (6p) or (6t), the owner or successor in title may be enjoined by the state, acting through the attorney general, or by the local governing body having jurisdiction, acting through its attorney, and is subject to a civil penalty for actual damages, but in no case to exceed double the value of the land as established at the time the application for the agreement was approved.
SECTION 24. 91.23 of the statutes is amended to read:
91.23 Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed payment being made under s. 91.19 (7m).
SECTION 25. Subchapter III of chapter 91 [precedes 91.31] of the statutes is repealed.
SECTION 26. 91.59 (title) of the statutes is amended to read:
91.59 (title) Coordination; public comment.
