Amendment AA6-SB409

SB409-AA6, s. 43db Section 43db. Subchapter III (title) of chapter 560 [precedes 560.41] of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,4,10 CHAPTER 560

SB409-AA6,4,11 SUBCHAPTER III

SB409-AA6,4,13 office of REGULATORY OMBUDSMAN CENTER assistance

SB409-AA6, s. 43dc Section 43dc. 560.41 (1) of the statutes is renumbered 560.41 (1n).

SB409-AA6, s. 43e Section 43e. 560.41 (1c) of the statutes is created to read:

SB409-AA6,4,16 560.41 (1c) "Agency" has the meaning given in s. 16.70 (1e).

SB409-AA6, s. 43eb Section 43eb. 560.41 (1g) of the statutes is created to read:

SB409-AA6,4,18 560.41 (1g) "Authority" has the meaning given in s. 16.70 (2).

SB409-AA6, s. 43ed Section 43ed. 560.41 (1m) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 560.41 (1w) and amended to read:

SB409-AA6,4,22 560.41 (1w) "Center Office" means the regulatory ombudsman center office of regulatory assistance in the department.

SB409-AA6, s. 43f Section 43f. 560.41 (1r) of the statutes is created to read:

SB409-AA6,4,24 560.41 (1r) "Municipality" has the meaning given in s. 16.70 (8).

SB409-AA6, s. 43fb Section 43fb. 560.41 (2) of the statutes is amended to read:

SB409-AA6,5,2 560.41 (2) "Permit" means any approval of a regulatory an agency required as a condition of operating a business in this state.

SB409-AA6, s. 43g Section 43g. 560.41 (3) of the statutes is repealed.

SB409-AA6, s. 43gb Section 43gb. 560.42 (1) of the statutes is repealed.

SB409-AA6, s. 43h Section 43h. 560.42 (1m) of the statutes is created to read:

SB409-AA6,5,6 560.42 (1m) Assistance to businesses. The office shall do all of the following:

SB409-AA6,5,10 (a) Provide assistance with obtaining and maintaining permits and any licenses and approvals necessary for a business to operate in this state. To fulfill the requirements of this paragraph, the office shall do all of the following on behalf of businesses:

SB409-AA6,5,11 1. Explain requirements for obtaining permits.

SB409-AA6,5,12 2. Track the progress of applications for permits.

SB409-AA6,5,14 3. Help businesses comply with laws and rules applicable to businesses, including providing plain-language explanations of laws and rules.

SB409-AA6,5,16 (b) Serve as a liaison between businesses and agencies, authorities, municipalities, and local economic development organizations.

SB409-AA6, s. 43hb Section 43hb. 560.42 (2) (a) and (b), (2m) (intro.), (2r), (3) and (4) of the statutes are amended to read:

SB409-AA6,5,23 560.42 (2) (a) The center office shall assist any person requesting information on which permits are required for a particular business activity or on the application process, including criteria applied in making a determination on a permit application and the time period within which a determination will be made. This assistance may include any of the following:

SB409-AA6,5,25 1. Arranging a meeting between the person and the staff of the appropriate regulatory agency to enable the person to obtain information from the agency.

SB409-AA6,6,2 2. Obtaining information and permit applications from the regulatory agency and providing the information and appropriate permit applications to the person.

SB409-AA6,6,5 (b) If a person receives assistance under this subsection and applies for a permit and if the person requests, the center office shall monitor the status of the permit application and periodically report the status to the person.

SB409-AA6,6,8 (2m) Advocacy. (intro.) The center office shall provide advocacy services before regulatory agencies on behalf of permit applicants. These services shall include all of the following:

SB409-AA6,6,13 (2r) Mediation and dispute resolution services. The center office may provide mediation or other dispute resolution services to facilitate the resolution of a dispute between a regulatory an agency and a person applying for a permit. The provision of mediation or other dispute resolution services under this subsection does not affect any right that the person may have to a contested hearing under ch. 227.

SB409-AA6,6,18 (3) Assistance by center office. (a) The center office may charge for services provided under this subchapter. Any amount charged for services may not exceed the actual cost of the service provided, unless a specific charge for the service, or method of calculating the charge, is provided by law. All amounts received under this paragraph shall be deposited in the appropriation account under s. 20.143 (1) (gc).

SB409-AA6,6,21 (b) The center office may refer to the appropriate regulatory agency, without giving further assistance, any person seeking information or assistance on a permit under chs. 186, 215, 217, 220 to 224, 440 to 480 and 600 to 646.

SB409-AA6,6,25 (c) Advice, assistance, mediation or other dispute resolution services or information rendered by the center office under this subchapter does not relieve any person from the obligation to secure a required permit or satisfy a regulatory requirement.

SB409-AA6,7,2 (d) The center office shall not be liable for any consequences resulting from the failure of a regulatory an agency to issue, or the failure of a person to seek, a permit.

SB409-AA6,7,5 (4) Promotion of assistance. (a) The center office shall maintain and publicize the availability of a toll-free telephone line available to in-state and out-of-state callers to the center office.

SB409-AA6,7,8 (b) The center office shall seek to explain, promote and publicize its services to the public and shall provide information on its services for inclusion in any public informational material on permits provided by regulatory agencies.

SB409-AA6,7,10 (c) The center office shall, in its efforts under pars. (a) and (b), clearly represent that its services are advisory, informational and facilitative only.

SB409-AA6, s. 43i Section 43i. 560.42 (5) of the statutes is created to read:

SB409-AA6,7,15 560.42 (5) Staffing and report. The office shall be staffed by at least 2 full-time employees of the department. The office shall annually submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report on the work of the office.

SB409-AA6, s. 43ib Section 43ib. 560.43 (title), (1) (intro.), (a), (b), (c) and (g) and (2) of the statutes are amended to read:

SB409-AA6,7,19 560.43 (title) Responsibilities of regulatory agencies. (1) Interagency cooperation. (intro.) Each regulatory agency shall:

SB409-AA6,7,22 (a) Designate a staff person to coordinate regulatory agency cooperation with center office staff, provide information to center office staff on the permit process and direct center office staff to appropriate staff within the regulatory agency.

SB409-AA6,7,25 (b) Cooperate with center office staff and respond promptly to requests for assistance in expediting and requests for information on the permit process under s. 560.42.

SB409-AA6,8,2 (c) Include material provided by the center office under s. 560.42 (4) in any public informational material on permits that it provides.

SB409-AA6,8,4 (g) Provide to the center office written notification of a change to a permit, along with a copy of the new or revised permit, before the effective date of the change.

SB409-AA6,8,8 (2) Preapplication meetings. Each regulatory agency shall provide an opportunity for a preapplication meeting with its staff to any person interested in applying for a permit upon request by the person or the center office, and shall comply with the following requirements:

SB409-AA6,8,10 (a) The regulatory agency shall conduct preapplication meetings in an informal manner.

SB409-AA6,8,14 (b) In any preapplication meeting, the regulatory agency shall identify all permits required by the regulating agency for a business activity, describe the steps and identify the time period for each step in the permit process and identify potential problems in the process.

SB409-AA6,8,16 (d) The regulatory agency shall invite participation by center office staff in preapplication meetings when appropriate.

SB409-AA6,8,18 (e) The regulatory agency shall publicize the availability of preapplication meetings to persons contacting them about permits.

SB409-AA6, s. 43j Section 43j. 560.44 (1) (intro.) of the statutes is amended to read:

SB409-AA6,8,22 560.44 (1) Ombudsman. (intro.) The center office shall act as an ombudsman for brownfields redevelopment projects. As ombudsman, the center office shall do all of the following:

SB409-AA6, s. 43jd Section 43jd. 560.44 (2) of the statutes is amended to read:

SB409-AA6,9,2 560.44 (2) Administration of brownfields programs. The center office shall assist in administering the grant program under s. 560.13 and in administering grants and loans under s. 560.138 that are made for brownfields remediation projects.

SB409-AA6, s. 43k Section 43k. 560.60 (1s) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB409-AA6, s. 43L Section 43L. 560.602 (intro.) of the statutes is amended to read:

SB409-AA6,9,9 560.602 Policies and standards for awarding grants and loans. (intro.) The department, with the approval of the board, shall promulgate rules to establish policies and standards for awarding grants and loans under this subchapter. The rules shall include all of the following:

SB409-AA6, s. 43n Section 43n. 560.605 (1) (intro.) of the statutes is amended to read:

SB409-AA6,9,13 560.605 (1) (intro.) Upon receipt of an application by an eligible recipient, the board department may consider any of the following in determining whether to award a grant or loan under s. 560.61:

SB409-AA6, s. 43o Section 43o. 560.605 (2m) (intro.) of the statutes is amended to read:

SB409-AA6,9,16 560.605 (2m) (intro.) When considering whether a project will be located in a targeted area, the board department may consider any of the following:

SB409-AA6, s. 43p Section 43p. 560.605 (2m) (h) of the statutes is amended to read:

SB409-AA6,9,19 560.605 (2m) (h) Any other factor the board department considers to be an appropriate indicator of a targeted area.

SB409-AA6, s. 43q Section 43q. 560.605 (7) (intro.) of the statutes is amended to read:

SB409-AA6,9,24 560.605 (7) (intro.) The board department shall award not less than 35 percent of the total amount of grants and loans made under this subchapter to businesses in distressed areas. In this paragraph, "distressed area" means an area to which any of the following apply:

SB409-AA6, s. 43r Section 43r. 560.605 (7) (f) of the statutes is amended to read:

SB409-AA6,9,26 560.605 (7) (f) As determined by the board department, the area is affected by another factor that indicates the area is a distressed area.

SB409-AA6, s. 43s Section 43s. 560.61 of the statutes is amended to read:

SB409-AA6,10,6 560.61 Wisconsin development fund. At the request of the board, the The department may make a grant or loan to an eligible recipient from the appropriations under s. 20.143 (1) (c) and (ie).

SB409-AA6, s. 43t Section 43t. 560.68 (2) of the statutes is amended to read:

SB409-AA6,10,11 560.68 (2) The department, in cooperation with the board, shall actively encourage small businesses to apply for grants and loans under this subchapter by ensuring that there are no undue impediments to their participation and by assisting small businesses in preparing grant and loan applications.

SB409-AA6, s. 43u Section 43u. 560.68 (4) of the statutes is amended to read:

SB409-AA6,10,18 560.68 (4) The board department shall develop a policy relating to obtaining reimbursement of grants and loans provided under this subchapter. The policy may provide that reimbursement shall be obtained through full repayment of the principal amount of the grant or loan plus interest, through receipt of a share of future profits from or an interest in a product or process, or through any other appropriate means.

SB409-AA6, s. 43v Section 43v. 560.68 (5) (intro.) of the statutes is amended to read:

SB409-AA6,10,21 560.68 (5) (intro.) The department, with the approval of the board, shall develop procedures related to grants and loans under s. 560.61 for all of the following:

SB409-AA6, s. 43w Section 43w. 560.68 (5m) of the statutes is amended to read:

SB409-AA6,11,2 560.68 (5m) The department, with the approval of the board, shall establish and implement procedures for monitoring the use of grants and loans awarded under this subchapter, including procedures for verification of economic growth, job creation and the number and percentage of newly created jobs for which state residents are hired.

SB409-AA6, s. 43x Section 43x. 560.68 (6) of the statutes is amended to read:

SB409-AA6,11,6 560.68 (6) The board department shall require, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25% of the amount of the grant or loan.

SB409-AA6, s. 43y Section 43y. 560.68 (7) (intro.) of the statutes is amended to read:

SB409-AA6,11,12 560.68 (7) (intro.) The department, in cooperation with the board, shall encourage small businesses to apply for grants and loans under this subchapter by ensuring that there are no undue impediments to their participation and by actively encouraging small businesses to apply for grants and loans. The department shall do all of the following:

SB409-AA6, s. 43z Section 43z. 560.685 of the statutes is repealed.".

SB409-AA6,11,14 7. Page 25, line 17: after that line insert:

SB409-AA6,11,17 "(6) Reconciliation; loans to manufacturing businesses. If 2009 Wisconsin Act ... (Assembly Bill 904) is not enacted and if 2009 Wisconsin Act ... (Senate Bill 651) is not enacted, Sections 46 (1) (d) and 48 (3) of this act are void.".

SB409-AA6,11,20 8. Page 26, line 2: delete lines 2 to 5 and substitute "increased by $500,000 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to increase funding for the purposes for which the appropriation is made.".

SB409-AA6,11,21 9. Page 26, line 10: after that line insert:

SB409-AA6,12,2 "(c) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $2,000,000 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to provide funding for grants under Section 45 (3) of this act.

SB409-AA6,12,11 (d) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2010, the dollar amount is increased by an amount equal to the difference between $2,000,000 and the total amount of grants awarded under Section 45 (3) of this act as of June 30, 2011, to provide funding for loans to manufacturing businesses for implementing energy efficiency measures in their facilities, for retooling to manufacture products that support the green economy, for expanding or establishing domestic clean energy manufacturing, or for creating jobs or retaining workers engaged in the preceding activities.".