Generally under current law, project costs may be expended to benefit
residential development but only certain TIDs for which a project plan was approved
before September 30, 1995, or for a mix-use development. With regard to a
mixed-use development, lands proposed for newly platted residential use may not
exceed 35 percent, by area, of real property within the TID.
Under the substitute amendment, a workforce housing TID may contain only
newly platted residential uses, 100 percent of which must be workforce housing.
Before such a TID may be created, the JRB must approve the TID by a unanimous
vote. For other TIDs, only a majority vote is required. A workforce housing TID has
a maximum life of 15 years, and DOR may allocate tax increments for only 15 years.
Also under the substitute amendment, workforce housing is defined to mean
housing based on the following two factors, which are subject to the five year average
median costs as determined by the U.S. bureau of census:
1. Housing that costs no more than 30 percent of the household's gross median
income.
2. The construction cost per housing unit, including rental housing, is no more
than 80 percent of the median price for new residential construction in the county.
Under current law, if a city, village, or town imposes an impact fee on a
developer to pay for certain capital costs that are necessary to accommodate land
development, the ordinance may provide for an exemption from, or a reduction in the
amount of, impact fees on land development that provides low-cost housing. Under
this substitute amendment, the impact fee exemption or reduction provisions also
apply to workforce housing. Current law prevents the shifting of an exemption from
or reduction in impact fees to any other development in the land development in
which the low-cost housing is located. The substitute amendment applies this
provision to workforce housing as well.
development regulation
Under current law, if a project requires more than one approval or approvals
from more than one political subdivision and the applicant identifies the full scope
of the project at the time of filing the application for the first approval required for
the project, the existing requirements applicable in each political subdivision at the
time of filing are applicable to all subsequent approvals required for the project.
Under this substitute amendment, for any project that requires an approval,
if the applicant identifies the full scope of the project at the time of filing the
application for the first approval required for the project, the existing requirements
applicable in each political subdivision from which a subsequent approval is
necessary at the time of filing are applicable to all subsequent approvals required for
the project.
propane transport
Under current law, in general, no person may operate on a highway any vehicle
or combination of vehicles that exceeds certain statutory weight limits unless that
person obtains a permit issued by the Department of Transportation or a local
highway authority. Among the weight limitations are, generally, limitations on the
gross weight imposed on the highway by the wheels of any one axle or by consecutive
axles of the vehicle. In general, the maximum weight that may be imposed on the
highway by one axle is 20,000 pounds and the maximum weight that may be imposed
on the highway by two axles is 35,000 pounds if the axles are eight feet apart and
34,000 pounds if the axles are less than eight feet apart.
Also under current law, local highway authorities may impose special or
seasonal weight limitations on highways that, because of deterioration or climatic
conditions, would likely be seriously damaged or destroyed if limitations were not
imposed. For vehicles carrying certain commodities or being used to perform certain
services, local highway authorities may set different weight limitations or exempt
the vehicles from the special or seasonal weight limitations if an exemption or
limitation is in the interest of public health, safety, and welfare.
Local authorities may also designate highways under their jurisdiction as class
“B” highways. With limited exceptions, the maximum gross weight and per-axle
vehicle weight for vehicles on a class “B” highway is 60 percent of the weight allowed
by statute if the vehicles were operating on a highway that is not designated as a
class “B” highway.
This substitute amendment provides that special or seasonal weight
limitations imposed by a highway authority and class “B” highway weight
limitations do not apply to a motor vehicle that is being operated to deliver propane
for heating purposes if the gross weight imposed on the highway by the vehicle does
not exceed 30,000 pounds, for a vehicle with a single rear axle, or 40,000 pounds, for
a vehicle with tandem rear axles, and, if the motor vehicle is a tank vehicle, the tank
is loaded to no more than 50 percent of the capacity of the tank. The substitute
amendment provides that a tank vehicle must be equipped with a gauge on the tank
that shows the amount of propane in the tank as a percent of capacity of the tank and
must carry documentation of the capacity of the tank either on the cargo tank or in
the cab of the vehicle.
Property owner rights regarding assessments
Current law prohibits a person from appearing before the board of review to
contest the assessed value of the person's property if the person has refused a
reasonable written request from the assessor to view the property. A person who is
prohibited from appearing before the board of review is also barred from filing a
claim for an excessive assessment with the taxation district.
This substitute amendment allows a person who has refused an assessor's
request to view the interior of a person's residence to appear before the board of
review to contest the property's assessed value and, ultimately, to file a claim with
the taxation district for an excessive assessment. The substitute amendment also
provides that the assessor may not increase the value of a person's property based
solely on the person's refusal to allow entry to the assessor. In addition, the
substitute amendment requires an assessor to provide written notice to each owner
of residential property regarding the property owner's right to refuse entry to his or
her residence for property tax assessment purposes. Finally, the substitute
amendment retains the authority of the assessor under current law to enter onto
property to conduct an exterior inspection of the property.
reports on bills and rules affecting housing
Current law requires the Department of Administration to prepare a report on
any bill or any proposed administrative rule that directly or substantially affects the
development, construction, cost, or availability of housing in this state. A report for
a bill must be completed within 30 days after the bill affecting housing is introduced,
and a report for a proposed rule must be completed within 30 days after the rule is
submitted to DOA and must be completed before the rule is submitted to the
Legislative Council Staff for review. A report on either a bill or a proposed rule that
affects housing must include information on the effect of the bill or proposed rule on
the state housing strategy plan, the cost of constructing, rehabilitating, improving,
or maintaining housing, the cost and availability of financing to purchase or develop
housing, the purchase price of housing, and other housing costs such as rent, utilities
and property taxes.
This substitute amendment does all of the following with respect to reports on
bills or rules affecting housing:
1. Retitles such a report a “housing impact analysis.”
2. Requires a housing impact analysis for any bill or proposed rule that may
increase or decrease, either directly or indirectly, the cost of the development,
construction, financing, purchasing, sale, ownership, or availability of housing in
this state.
3. Makes various changes to the information and analysis that is required to
be included in a housing impact analysis and specifies how that information is
expressed in the report.
4. With respect to a housing impact analysis for a proposed rule, requires the
agency proposing the rule, rather than DOA, to prepare the housing impact analysis.
The substitute amendment also requires that a housing impact analysis be included
in an agency's submission to the Legislative Council Staff during the rule-making
process and that an agency prepare a revised housing impact analysis if the housing
impact of the rule is significantly changed.
shoreland zoning
Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area and the ordinance may not regulate a matter
more restrictively than the matter is regulated by shoreland zoning standards
established by DNR by rule. Current law defines a shoreland to be an area within
a specified distance from the edge of a navigable water.
Under current law, generally, a shoreland zoning standard and a county
shoreland zoning ordinance may not require any approval or impose any fee or
mitigation requirement for, or otherwise prohibit or regulate, the maintenance,
repair, replacement, restoration, rebuilding, or remodeling of all or any part of
certain structures if the activity does not expand the footprint of the existing
structure. Under current law, those structures include a nonconforming structure
and a structure of which any part is legally located in the shoreland setback area by
operation of a variance, and certain specified structures that were legally
constructed in the shoreland setback area; the bill adds a building or structure in
violation of a county shoreland zoning ordinance that may not be enforced because
of a ten-year statute of limitations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB480-ASA1,1
1Section 1
. 13.099 (2) of the statutes is amended to read:
AB480-ASA1,7,102
13.099
(2) Report on
Analysis of bills affecting housing. (a) If any bill that
3is introduced in either house of the legislature
directly or substantially affects may
4increase or decrease, either directly or indirectly, the cost of the development,
5construction,
cost, financing, purchasing, sale, ownership, or availability of housing
6in this state, the department shall prepare a
report on housing impact analysis for 7the bill within 30 days after it is introduced. The department may request any
8information from other state agencies, local governments
, or individuals, or
9organizations that is reasonably necessary for the department to prepare the
report 10analysis.
AB480-ASA1,7,1511
(b) A bill that requires a
report by the department
housing impact analysis 12under this section shall have that requirement noted on its jacket when the jacket
13is prepared. When a bill that requires a
report
housing impact analysis under this
14section is introduced, the legislative reference bureau shall submit a copy of the bill
15to the department.
AB480-ASA1,7,1816
(c)
The report A housing impact analysis prepared under this section shall be
17printed as an appendix to that applicable bill and shall be distributed in the same
18manner as amendments.
AB480-ASA1,2
19Section 2
. 13.099 (3) (title) of the statutes is amended to read:
AB480-ASA1,8,2
113.099
(3) (title)
Findings of the department to be contained in the report
2housing impact analysis.
AB480-ASA1,3
3Section 3
. 13.099 (3) (a) (intro.) of the statutes is amended to read:
AB480-ASA1,8,64
13.099
(3) (a) (intro.)
The report of the department A housing impact analysis 5shall contain information about the effect of the bill on housing in this state,
6including information on the effect of the bill on all of the following:
AB480-ASA1,4
7Section 4
. 13.099 (3) (a) 2. of the statutes is amended to read:
AB480-ASA1,8,98
13.099
(3) (a) 2. The cost of
developing, constructing, rehabilitating, improving
9or, maintaining
single family, or owning single-family or multifamily dwellings.
AB480-ASA1,5
10Section 5
. 13.099 (3) (a) 3. of the statutes is amended to read:
AB480-ASA1,8,1211
13.099
(3) (a) 3. The purchase price of
housing new homes or the fair market
12value of existing homes.
AB480-ASA1,6
13Section 6
. 13.099 (3) (a) 6. of the statutes is created to read:
AB480-ASA1,8,1514
13.099
(3) (a) 6. The density, location, setback, size, or height of development
15on a lot, parcel, land division, or subdivision.
AB480-ASA1,7
16Section 7
. 13.099 (3) (b) of the statutes is amended to read:
AB480-ASA1,8,1817
13.099
(3) (b)
The report A housing impact analysis shall analyze the relative
18impact of the effects of the bill on low- and moderate-income households.
AB480-ASA1,8
19Section 8
. 13.099 (3) (c) of the statutes is created to read:
AB480-ASA1,8,2420
13.099
(3) (c) 1. Except as provided in subd. 2., a housing impact analysis shall
21provide reasonable estimates of the information under pars. (a) and (b) expressed as
22dollar figures and shall include descriptions of the immediate effect and, if
23ascertainable, the long-term effect. The department shall include a brief summary
24or worksheet of computations used in determining any such dollar figures.
AB480-ASA1,9,4
12. If, after careful consideration, the department determines that it is not
2possible to make an estimate expressed as dollar figures as provided in subd. 1., the
3analysis shall instead contain a statement to that effect setting forth the reasons for
4that determination.
AB480-ASA1,9
5Section 9
. 13.099 (3) (d) of the statutes is created to read:
AB480-ASA1,9,96
13.099
(3) (d) Except as otherwise specified in par. (a), a housing impact
7analysis shall be prepared on the basis of a median-priced single-family residence
8but may include estimates for larger developments as an analysis of the long-term
9effect of the bill.
AB480-ASA1,10
10Section
10. 59.692 (1k) (a) 2. of the statutes is renumbered 59.692 (1k) (a) 2.
11(intro.) and amended to read:
AB480-ASA1,9,1612
59.692
(1k) (a) 2. (intro.) Except as provided in par. (b), requires any approval
13or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates,
14the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all
15or any part of
a any of the following if the activity does not expand the footprint of
16the structure:
AB480-ASA1,9,17
17a. A nonconforming structure
or a.
AB480-ASA1,9,20
18b. A structure of which any part is legally located in the shoreland setback area
19by operation of a variance granted before July 13, 2015
, if the activity does not
20expand the footprint of the structure.
AB480-ASA1,11
21Section 11
. 59.692 (1k) (a) 2. c. of the statutes is created to read:
AB480-ASA1,9,2322
59.692
(1k) (a) 2. c. A building or structure in violation of a county shoreland
23zoning ordinance that, under sub. (1t), may not be enforced.
AB480-ASA1,12
24Section 12
. 66.0617 (7) of the statutes is amended to read:
AB480-ASA1,10,8
166.0617
(7) Low-cost, workforce housing. An ordinance enacted under this
2section may provide for an exemption from, or a reduction in the amount of, impact
3fees on land development that provides low-cost housing
, except that no or workforce
4housing, as defined in s. 66.1105 (2) (n). Under no circumstances may the amount
5of an impact fee for which an exemption or reduction is provided under this
6subsection
may be shifted to any other development in the land development in
7which the low-cost housing
or workforce housing is located or to any other land
8development in the municipality.
AB480-ASA1,13
9Section
13. 66.10015 (2) (b) of the statutes is amended to read:
AB480-ASA1,10,1610
66.10015
(2) (b) If a project requires more than one approval or approvals from
11more than one
or more political
subdivision subdivisions and the applicant identifies
12the full scope of the project at the time of filing the application for the first approval
13required for the project, the existing requirements applicable in each political
14subdivision at the time of filing the application for the first approval required for the
15project shall be applicable to all subsequent approvals required for the project, unless
16the applicant and the political subdivision agree otherwise.
AB480-ASA1,14
17Section
14. 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n)
18(intro.) and amended to read:
AB480-ASA1,10,2419
66.1105
(2) (n) (intro.) “
Affordable Workforce housing" means housing
that
20costs a household no more than 30 percent of the household's gross monthly income. 21to which all of the following apply, as adjusted for family size and the county in which
22the household is located, based on the county's 5 year average median income and
23housing costs as calculated by the U.S. bureau of census in its American community
24survey:
AB480-ASA1,15
25Section
15. 66.1105 (2) (f) 3. (intro.) of the statutes is amended to read:
AB480-ASA1,11,6
166.1105
(2) (f) 3. (intro.) Notwithstanding subd. 1., project costs may include
2any expenditures made or estimated to be made or monetary obligations incurred or
3estimated to be incurred by the city for newly platted residential development only
4for any tax incremental district for which a project plan is approved before
5September 30, 1995,
for any workforce housing development, or for a mixed-use
6development tax incremental district to which one of the following applies:
AB480-ASA1,16
7Section
16. 66.1105 (2) (n) 1. of the statutes is created to read:
AB480-ASA1,11,98
66.1105
(2) (n) 1. The housing costs a household no more than 30 percent of the
9household's gross median income.
AB480-ASA1,17
10Section
17. 66.1105 (2) (n) 2. of the statutes is created to read:
AB480-ASA1,11,1311
66.1105
(2) (n) 2. With regard to a workforce housing development district, the
12construction cost per housing unit, including rental housing, is no more than 80
13percent of the median price for new residential construction in the county.
AB480-ASA1,18
14Section
18. 66.1105 (2) (o) of the statutes is created to read:
AB480-ASA1,11,1715
66.1105
(2) (o) “Workforce housing development” means development that
16contains only newly platted residential uses, and 100 percent of the residential
17development must be workforce housing.
AB480-ASA1,19
18Section
19. 66.1105 (4) (c) of the statutes is amended to read:
AB480-ASA1,12,219
66.1105
(4) (c) Identification of the specific property to be included under par.
20(gm) 4. as blighted
, in need of workforce housing, or in need of rehabilitation or
21conservation work. Owners of the property identified shall be notified of the
22proposed finding and the date of the hearing to be held under par. (e) at least 15 days
23prior to the date of the hearing. In cities with a redevelopment authority under s.
2466.1333, the notification required under this paragraph may be provided with the
1notice required under s. 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days
2prior to the date of the hearing to be held under par. (e).
AB480-ASA1,20
3Section
20. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:
AB480-ASA1,12,84
66.1105
(4) (gm) 4. a.
Not
Except as provided in subd. 4. am., not less than 50
5percent, by area, of the real property within the district is at least one of the following:
6a blighted area; in need of rehabilitation or conservation work, as defined in s.
766.1337 (2m) (a); suitable for industrial sites within the meaning of s. 66.1101 and
8has been zoned for industrial use; or suitable for mixed-use development; and
AB480-ASA1,21
9Section
21. 66.1105 (4) (gm) 4. am. of the statutes is created to read:
AB480-ASA1,12,1210
66.1105
(4) (gm) 4. am. If the district is a workforce housing development
11district, 100 percent, by area, of the real property within the district is suitable for
12a workforce housing development district and will be used for workforce housing.
AB480-ASA1,12,1915
66.1105
(4) (gm) 4. bm. The project costs relate directly to eliminating blight,
16directly serve to rehabilitate or conserve the area
, directly increase workforce
17housing, or directly serve to promote industrial or mixed-use development,
18consistent with the purpose for which the tax incremental district is created under
19subd. 4. a.
or am.; and
AB480-ASA1,23
20Section
23. 66.1105 (4) (gm) 6. of the statutes is amended to read:
AB480-ASA1,13,321
66.1105
(4) (gm) 6. Declares that the district is a blighted area district, a
22rehabilitation or conservation district, an industrial district,
a workforce housing
23development district, or a mixed-use district based on the identification and
24classification of the property included within the district under par. (c) and subd. 4.
25a.
or am. If the district is not exclusively blighted, rehabilitation or conservation,
1industrial,
workforce housing, or mixed use, the declaration under this subdivision
2shall be based on which classification is predominant with regard to the area
3described in subd. 4. a.
AB480-ASA1,24
4Section
24. 66.1105 (4m) (b) 2. of the statutes is amended to read:
AB480-ASA1,13,215
66.1105
(4m) (b) 2. No tax incremental district may be created and no project
6plan may be amended unless the board approves the resolution adopted under sub.
7(4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5)
8(h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a
9majority vote within 45 days after receiving the resolution
, except that with regard
10to a workforce housing development district, the board must approve the resolution
11adopted under sub. (4) (gm) or (h) 1. by a unanimous vote. With regard to a
12multijurisdictional tax incremental district created under this section, each public
13member of a participating city must be part of the majority that votes for approval
14of the resolution or the district may not be created. The board may not approve the
15resolution under this subdivision unless the board's approval contains a positive
16assertion that, in its judgment, the development described in the documents the
17board has reviewed under subd. 1. would not occur without the creation of a tax
18incremental district. The board may not approve the resolution under this
19subdivision unless the board finds that, with regard to a tax incremental district that
20is proposed to be created by a city under sub. (17) (a), such a district would be the only
21existing district created under that subsection by that city.
AB480-ASA1,25
22Section
25. 66.1105 (6) (a) 8. of the statutes is amended to read:
AB480-ASA1,14,823
66.1105
(6) (a) 8. Twenty-seven years after the tax incremental district is
24created if the district is created on or after October 1, 2004, and if the district is a
25district specified under sub. (4) (gm) 6. other than a district specified under subd. 7.
1or 14. If the life of the district is extended under sub. (7) (am) 3. an allocation under
2this subdivision may be made 30 years after such a district is created. If the life of
3the district is extended under sub. (7) (am) 4., an allocation under this subdivision
4may be made for not more than an additional 3 years after allocations would
5otherwise have been terminated under this subdivision. For a tax incremental
6district created after March 3, 2016, the period during which a tax increment may
7be allocated under this subdivision shall be increased by one year if that district's
8project plan is adopted under sub. (4) (g) after September 30 and before May 15.
AB480-ASA1,26
9Section
26. 66.1105 (6) (a) 14. of the statutes is created to read:
AB480-ASA1,14,1110
66.1105
(6) (a) 14. Fifteen years after the tax incremental district is created if
11the district is a workforce housing development district.
AB480-ASA1,27
12Section 27
. 66.1105 (6) (g) 3. of the statutes is amended to read:
AB480-ASA1,14,1613
66.1105
(6) (g) 3. If a city receives tax increments as described in subd. 2., the
14city shall use at least 75 percent of the increments received to benefit
affordable 15workforce housing in the city. The remaining portion of the increments shall be used
16by the city to improve the city's housing stock.
AB480-ASA1,28
17Section
28. 66.1105 (7) (ak) 5. of the statutes is created to read: