5. Exempting certain vehicles delivering propane from class B highway weight
limitations and certain special or seasonal weight limitations.
6. Reviews of and reports on bills and proposed administrative rules that affect
housing.
7. Prohibits a Department of Natural Resources shoreland zoning standard
and a county shoreland zoning ordinance from restricting certain maintenance and
construction activities with respect to certain structures.
review of state electrical wiring code
This substitute amendment requires the DSPS to review, once every six years,
those portions of the state electrical wiring code that apply to one-family and
two-family dwellings. In reviewing the code, DSPS must consult with the Uniform
Dwelling Code Council and any council or committee created by the secretary of
DSPS to advise DSPS regarding the code.
formal requisites for recording sewer easements
This substitute amendment provides that a document that is recorded in the
real estate records does not need to contain a full legal description of an easement
for the construction, operation, or maintenance of sewer lines or facilities. Under
current law, with certain exceptions, a document that affects title to land in this state
that is recorded in the real estate records must contain a full legal description of the
property affected by the document. One exception provides that a full legal
description is not required for a description of an easement for the construction,
operation, or maintenance of electric, gas, railroad, water, telecommunications, or
telephone lines or facilities. The substitute amendment adds sewers to the types of
easements that are not required to have a full legal description.
tax incremental financing, impact fees
This substitute amendment authorizes the creation of workforce housing
development tax incremental districts and changes the method of imposing certain
impact fees.
Under the current tax incremental financing program, a city or village may
create a TID in part of its territory to foster development under certain conditions.
Currently, towns and counties also have a limited ability to create a TID under
certain limited circumstances. Before a city or village may create a TID, several
steps and plans are required. These steps and plans include public hearings on the
proposed TID within specified time frames, preparation and adoption by the local
planning commission of a proposed project plan for the TID, approval of the proposed
project plan by the common council or village board, approval of the city's or village's
proposed TID by a joint review board (JRB) that consists of members who represent
the overlying taxation districts, and adoption of a resolution by the common council
or village board that creates the TID as of a date provided in the resolution.
Also under current law, once a TID has been created, the Department of
Revenue calculates the “tax incremental base" value of the TID, which is the
equalized value of all taxable property within the TID at the time of its creation. If
the development in the TID increases the value of the property in the TID above the
base value, a “value increment" is created. That portion of taxes collected on the
value increment in excess of the base value is called a “tax increment." The tax
increment is placed in a special fund that may be used only to pay back the project
costs of the TID.
The project costs of a TID, which are initially incurred by the creating city or
village, include public works such as sewers, streets, and lighting systems; financing
costs; site preparation costs; and professional service costs. DOR authorizes the
allocation of the tax increments until the TID terminates or, generally, 20 years, 23
years, or 27 years after the TID is created, depending on the type of TID and the year
in which it was created. Also under current law, a city or village may not generally
make expenditures for project costs later than five years before the unextended
termination date of the TID. Under certain circumstances, the life of the TID, the
expenditure period, and the allocation period may be extended. A TID is required
to terminate, under current law and with some exceptions, once its project costs are
paid back.
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.