SECTION 46. 560.71 (4) of the statutes is created to read:
560.71 (4) No development zone may be designated under this section after the effective date of this subsection .... [LRB inserts date].
SECTION 47. 560.737 (4) of the statutes is created to read:
560.737 (4) No premises of a business incubator may be designated as part of a development zone under this section after the effective date of this subsection .... [LRB inserts date].
SECTION 48. 560.74 (1) of the statutes is amended to read:
560.74 (1) At Except as provided under sub. (6), at any time after a development zone is designated by the department, a local governing body may submit an application to change the boundaries of the development zone. If the boundary change reduces the size of a development zone, the local governing body shall explain why the area excluded should no longer be in a development zone. The department may require the local governing body to submit additional information.
SECTION 49. 560.74 (6) of the statutes is created to read:
560.74 (6) The department may not accept any applications under sub. (1) to change the boundaries of a development zone designated under s. 560.71 on or after the effective date of this subsection .... [LRB inserts date].
SECTION 50. 560.745 (1) (b) of the statutes is amended to read:
560.745 (1) (b) The local governing body may apply to the department for one 60-month extension of the designation. The department shall promulgate rules establishing criteria for approving an extension of a designation of an area as a development zone under this subsection. No applications may be accepted by the department under this paragraph on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 51. 560.745 (2) (am) of the statutes is amended to read:
560.745 (2) (am) Notwithstanding par. (a), the department may increase the established limit for tax benefits for a development zone. The department may not increase the limit for tax benefits established for any development zone designated under s. 560.71 on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 52. 560.78 (1m) of the statutes is created to read:
560.78 (1m) No person may be certified under s. 560.765 (3) on or after the effective date of this subsection .... [LRB inserts date].
SECTION 53. 560.78 (3) (a) of the statutes is amended to read:
560.78 (3) (a) Except as provided in par. pars. (b) and (c), if the economic activity for which a person is seeking certification under s. 560.765 (3) is the relocation of a business into a development zone from a location that is outside the development zone but within the limits of a city, village, town or federally recognized American Indian reservation in which that development zone is located, the local governing body that nominated that area as a development zone under s. 560.72 shall determine whether sub. (2) (a) or (b) applies.
SECTION 54. 560.78 (3) (c) of the statutes is created to read:
560.78 (3) (c) No local governing body may make any determination under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 55. 560.785 (1) (intro.) of the statutes is amended to read:
560.785 (1) (intro.) For the development zone program under ss. 560.70 and 560.71 to 560.78, the development opportunity zone program under s. 560.795 and the enterprise development zone program under s. 560.797, the department shall promulgate rules that further define a person's eligibility for tax benefits. The rules shall do at least all of the following:
SECTION 56. 560.797 (2) (a) (intro.) of the statutes is amended to read:
560.797 (2) (a) (intro.) Subject to pars. (c) and, (d), and (e), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
SECTION 57. 560.797 (2) (bg) (intro.) of the statutes is amended to read:
560.797 (2) (bg) (intro.) Notwithstanding par. (a) and subject to pars. (c) and, (d), and (e), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
SECTION 58. 560.797 (2) (e) of the statutes is created to read:
560.797 (2) (e) The department may not designate any area as an enterprise development zone on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 59. 560.797 (3) (c) of the statutes is created to read:
560.797 (3) (c) The department may not accept or approve any applications or project plans submitted under par. (a) on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 60. 560.797 (4) (a) of the statutes is amended to read:
560.797 (4) (a) If Except as provided in par. (h), if the department approves a project plan under sub. (3) and designates the area in which the person submitting the project plan conducts or intends to conduct the project as an enterprise development zone under the criteria under sub. (2), the department shall certify the person as eligible for tax benefits.
SECTION 61. 560.797 (4) (h) of the statutes is created to read:
560.797 (4) (h) No person may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 62. 560.798 (2) (a) of the statutes is amended to read:
560.798 (2) (a) The Except as provided under par. (c), the department may designate one area in the state as an agricultural development zone. The area must be located in a rural municipality. An agricultural business that is located in an agricultural development zone and that is certified by the department under sub. (3) is eligible for tax benefits as provided in sub. (3).
SECTION 63. 560.798 (2) (c) of the statutes is created to read:
560.798 (2) (c) No area may be designated as an agricultural development zone on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 64. 560.798 (3) (a) of the statutes is amended to read:
560.798 (3) (a) The Except as provided under par. (c), the department may certify for tax benefits in an agricultural development zone a new or expanding agricultural business that is located in the agricultural development zone. In determining whether to certify a business under this subsection, the department shall consider, among other things, the number of jobs that will be created or retained by the business.
SECTION 65. 560.798 (3) (c) of the statutes is created to read:
560.798 (3) (c) No business may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 66. 560.7995 (2) (a) (intro.) of the statutes is amended to read:
560.7995 (2) (a) (intro.) Subject to par. pars. (c) and (e), the department may designate an area as an airport development zone if the department determines all of the following:
SECTION 67. 560.7995 (2) (d) of the statutes is amended to read:
560.7995 (2) (d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the department shall designate as an airport development zone the area within the boundaries of Adams, Fond du Lac, Green Lake, Juneau, Langlade, Lincoln, Marathon, Marquette, Menominee, Oneida, Portage, Price, Shawano, Taylor, Waupaca, Waushara, Winnebago, Wood, and Vilas counties.
SECTION 68. 560.7995 (2) (e) of the statutes is created to read:
560.7995 (2) (e) No area may be designated as an airport development zone under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 69. 560.7995 (4) (ar) of the statutes is created to read:
560.7995 (4) (ar) The department may not accept or approve any applications or business plans submitted under par. (a) on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 70. 560.7995 (4) (b) of the statutes is renumbered 560.7995 (4) (b) 1. and amended to read:
560.7995 (4) (b) 1. If Except as provided in subd. 2., if the department approves a business plan under par. (a) or (am), the department shall certify the person as eligible for tax benefits. The department shall notify the department of revenue within 30 days of certifying a person under this paragraph.
SECTION 71. 560.7995 (4) (b) 2. of the statutes is created to read:
560.7995 (4) (b) 2. No person may be certified under this paragraph on or after the effective date of this subdivision .... [LRB inserts date].
SECTION 72. 560.96 (2) (a) of the statutes is amended to read:
560.96 (2) (a) The Except as provided in par. (c), the department may designate up to 8 areas in the state as technology zones. A business that is located in a technology zone and that is certified by the department under sub. (3) is eligible for a tax credit as provided in sub. (3).
SECTION 73. 560.96 (2) (c) of the statutes is created to read:
560.96 (2) (c) No area may be designated as a technology zone under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 74. 560.96 (3) (a) (intro.) of the statutes is amended to read:
560.96 (3) (a) (intro.) The Except as provided in par. (e), the department may certify for tax credits in a technology zone a business that satisfies all of the following requirements:
SECTION 75. 560.96 (3) (e) of the statutes is created to read:
560.96 (3) (e) No business may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 9110. Nonstatutory provisions; Commerce.
(1) DEVELOPMENT ZONE TAX BENEFIT CONSOLIDATION; EMERGENCY RULES. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.706 (2) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) DEVELOPMENT ZONE TAX BENEFIT CONSOLIDATION; ECONOMIC IMPACT REPORT. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.706 (2) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.
(End)
LRB-0287LRB-0287/P1
TKK:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0025 - Brownfields Program, Eligibility of Applicants and Criteria for Awards
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and Economic Development
Economic development
Under current law, the Department of Commerce (Commerce) may award grants for the redevelopment of "brownfields," defined as "abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination." Commerce may award a brownfields redevelopment grant only if certain persons responsible for the contamination of the project site are financially unable to pay the costs to remediate the site or redevelop the site. Commerce must consider four criteria when awarding brownfields redevelopment grants and must to accord different values to the enumerated criteria, which are as follows:
1. The potential of the project to promote economic development in the area.
2. Whether the project will have a positive effect on the environment.
3. The amount and quality of the recipient's contribution to the project.
4. The innovativeness of the grant recipient's proposal.
This bill eliminates the requirement that the person who caused the environmental contamination be financially unable to pay the costs to redevelop the site before Commerce may award a brownfields redevelopment grant. The bill also changes the criteria to be considered by Commerce when making awards and eliminates the requirement that different criteria be accorded different values.
For further information see the state 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. 560.13 (2) (a) 2. (intro.) of the statutes is amended to read:
560.13 (2) (a) 2. (intro.) All of the following are unknown, cannot be located, or are financially unable to pay the cost of brownfields redevelopment or associated environmental remediation activities:
SECTION 2. 560.13 (3) (a) (intro.) of the statutes is renumbered 560.13 (3) (intro.) and amended to read:
560.13 (3) (intro.) The department shall award grants may consider the following criteria in making awards under this section on the basis of the following criteria:
SECTION 3. 560.13 (3) (a) 1. of the statutes is renumbered 560.13 (3) (a).
SECTION 4. 560.13 (3) (a) 2. of the statutes is repealed.
SECTION 5. 560.13 (3) (a) 3. of the statutes is repealed.
SECTION 6. 560.13 (3) (a) 4. of the statutes is repealed.
SECTION 7. 560.13 (3) (b) of the statutes is repealed.
