Under current state law, subject to exceptions, no person may discharge
dredged material or fill material into a federal or nonfederal wetland unless the
discharge is authorized by a wetland general permit or individual permit, or the
discharge is exempt from permitting requirements. Current law requires DNR to
issue wetland general permits for discharges of dredged or fill material into certain
federal and nonfederal wetlands. For a discharge into a wetland that is not
authorized under a wetland general permit, current law requires a person to apply
for and obtain a wetland individual permit. Before DNR may issue a wetland
individual permit, it must require the restoration, enhancement, creation, or
preservation of other wetlands to compensate for adverse impacts to a wetland
resulting from the discharge, also known as mitigation. Under current law, a
wetland general or individual permit issued by DNR constitutes water quality
certification.
Under this bill, a person may, without a permit, discharge dredged material or
fill material into a nonfederal wetland that is located in an electronics and
information technology manufacturing zone if the discharge is related to the
construction, access, or operation of a new manufacturing facility that is also located
in the zone. With respect to a federal wetland located in an electronics and
information technology manufacturing zone, the bill provides that no state permit
is required and that the state waives water quality certification. Under the bill, a
federal permit for such a discharge is still required. The bill requires any adverse
impacts to functional values of federal or nonfederal wetlands in an electronics and
information technology manufacturing zone to be compensated at a ratio of two acres
per each acre impacted through the purchase of credits from a mitigation bank,
participation in the in lieu fee subprogram or escrow subprogram administered by
DNR, or completion of mitigation within this state. Under current law, the general
minimum ratio is 1.2 acres for each acre affected by the discharge.
Under current law, subject to exceptions, no person may do any of the following
without a permit issued by DNR: 1) deposit any material or place any structure upon
the bed of any navigable water where no bulkhead line has been established or
beyond a lawfully established bulkhead line; 2) construct or maintain a bridge or
construct, place, or maintain a culvert in, on, or over navigable waters; 3) construct,
dredge, or enlarge any artificial water body that connects with an existing navigable
waterway; 4) construct or enlarge any part of an artificial water body that is or will
be located within 500 feet of the ordinary high-water mark of, but that does not or
will not connect with, an existing navigable waterway; 5) grade or remove topsoil
from the bank of any navigable waterway where the area exposed by the grading or
removal will exceed 10,000 square feet; and 6) change the course of or straighten a
navigable stream.
Under the bill, DNR generally may not require a permit for any of these
activities if they relate to the construction, access, or operation of a new
manufacturing facility located in an electronics and information technology
manufacturing zone. However, the bill provides that DNR may require a permit for
the construction or maintenance of bridges and the construction or placement and
maintenance of culverts if DNR determines that conditions specific to the site require
restrictions in order to prevent significant adverse impacts to the public rights and
interests, environmental pollution, or material injury to the riparian rights of any
riparian owner.
Public Service Commission certificates and market-based rates
This bill exempts public utility projects within an electronics and information
technology manufacturing zone from obtaining a certificate of authority from the
Public Service Commission, which current law generally requires for construction,
improvement, and other projects of public utilities. The bill also exempts
transmission line relocations within such a zone from obtaining a certificate of public
convenience and necessity from the PSC, which current law generally requires
before beginning construction of high-voltage transmission lines and associated
facilities.
The bill also requires an electric public utility that provides service to an
electronics and information technology manufacturing zone to file tariffs with the
PSC for market-based pricing and options for new retail customers within the zone.
The bill requires the tariffs to be filed no later than January 1, 2020. The bill specifies
requirements that must be included in the tariffs and requires the PSC to approve
rates that are consistent with those requirements.
Grants to local governments
This bill authorizes the Department of Administration to make grants to local
governmental units for costs associated with development in an electronics and
information technology manufacturing zone, including costs related to
infrastructure and public safety. DOA may require a local governmental unit to
match a grant in whole or in part.
Contingent highway bonding authorization
This bill authorizes the state to contract up to $252,400,000 in general
obligation public debt for the I 94 north-south corridor project. The Department of
Transportation, however, may not expend the proceeds of these bonds unless the
state receives an award of federal moneys for the project.
Design-build construction
This bill authorizes a city or village in which an electronics and information
technology manufacturing zone is located to contract for the acquisition of water and
sewer systems, and wastewater treatment facilities, using the design-build system.
Under this system, the city or village invites developers to submit proposals to
provide completed projects in these areas without following the bidding
requirements for public works projects that would otherwise apply. Current law
authorizes the use of this system by any city, village, or county for the acquisition of
recycling or resource recovery facilities.
Enterprise zones
Under current law, WEDC may designate areas within the state as “enterprise
zones.” WEDC may certify a business in an enterprise zone to receive income and
franchise tax credits if the business creates or retains jobs in the enterprise zone,
subject to several limitations. The bill makes the following changes to the enterprise
zone tax credit program:
1. Authorizes WEDC to increase from 30 to 35 the number of designated
enterprise zones.
2. Authorizes WEDC to cancel the designation of an enterprise zone if WEDC
revokes all certifications for tax credits within the zone. WEDC may designate a new
enterprise zone if it cancels an existing zone designation.
3. Authorizes WEDC to designate a new enterprise zone if an existing
enterprise zone expires. Under current law, an enterprise zone designation expires
after 12 years.
4. Authorizes WEDC to certify for enterprise zone tax credits a financial
services technology business that, after completing a competitive corporate
relocation process, retains its corporate headquarters and at least 93 percent of its
full-time employees, as determined by WEDC, in Wisconsin.
Economic development liaison
This bill requires the secretary of administration to appoint an economic
development liaison in the unclassified service of the state civil service to perform
economic development–related services.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
SB1,1
1Section
1. 16.004 (23) of the statutes is created to read:
SB1,7,32
16.004
(23) Economic development liaison. The secretary shall appoint an
3economic development liaison to perform services related to economic development.
SB1,2
4Section
2. 16.297 of the statutes is created to read:
SB1,7,11
516.297 Grants for local government expenditures; moral obligation
6pledge. (1) Grants. From the appropriation under s. 20.505 (1) (fr), the department
7may make one or more grants to a local governmental unit for the local governmental
8unit's expenditures for costs the department determines are associated with
9development occurring in an electronics and information technology manufacturing
10zone designated under s. 238.396 (1m), including costs related to infrastructure and
11public safety.
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12(2) Match. The department may require a local governmental unit to match
13in whole or in part a grant the department makes to the local governmental unit
14under sub. (1).
SB1,8,4
1(3) Moral obligation pledge. Recognizing its moral obligation to do so, the
2legislature expresses its expectation and aspiration that, if ever called upon to do so,
3it shall make an appropriation to pay up to 40 percent of the principal and interest
4of a local governmental unit's obligations, if all of the following apply:
SB1,8,75
(a) The local governmental unit's obligation is issued to finance costs related
6to development occurring in or for the benefit of an electronics and information
7technology manufacturing zone designated under s. 238.396 (1m).
SB1,8,98
(b) The secretary approves the local governmental unit's obligation before it is
9issued.
SB1,8,11
10(4) Agreement. The secretary may contract with a local governmental unit to
11implement this section.
SB1,3
12Section
3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
13the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB1,4
14Section
4. 20.395 (6) (ad) of the statutes is created to read:
SB1,9,215
20.395
(6) (ad)
Principal repayment and interest, contingent funding of
16southeast Wisconsin freeway megaprojects, state funds. From the general fund, a sum
17sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs
18incurred in financing southeast Wisconsin freeway megaprojects, as provided under
19ss. 20.866 (2) (uuz) and 84.585 and 2017 Wisconsin Act .... (this act), section 60 (1),
1and to make payments under an agreement or ancillary arrangement entered into
2under s. 18.06 (8) (a).
SB1,5
3Section
5. 20.505 (1) (fr) of the statutes is created to read:
SB1,9,64
20.505
(1) (fr)
Grants for local government expenditures. As a continuing
5appropriation, the amounts in the schedule for grants to local governmental units
6under s. 16.297.
SB1,6
7Section
6. 20.835 (2) (cp) of the statutes is created to read:
SB1,9,108
20.835
(2) (cp)
Electronics and information technology manufacturing zone
9credit. A sum sufficient to make the payments under ss. 71.07 (3wm) (d) 2. and 71.28
10(3wm) (d) 2.
SB1,7
11Section
7. 20.866 (2) (uuz) of the statutes is created to read:
SB1,9,1712
20.866
(2) (uuz)
Transportation; southeast Wisconsin freeway megaprojects
13subject to contingency. From the capital improvement fund, a sum sufficient for the
14department of transportation to fund southeast Wisconsin freeway megaprojects as
15provided under s. 84.585. Subject to 2017 Wisconsin Act .... (this act), section 60 (1),
16the state may contract public debt in an amount not to exceed $252,400,000 for these
17purposes.
SB1,8
18Section
8. 20.923 (4) (c) 2m. of the statutes is created to read:
SB1,9,2019
20.923
(4) (c) 2m. Administration, department of: economic development
20liaison.
SB1,9
21Section
9. 30.12 (1g) (m) of the statutes is created to read:
SB1,9,2522
30.12
(1g) (m) A structure or deposit that is related to the construction, access,
23or operation of a new manufacturing facility in a navigable stream located in an
24electronics and information technology manufacturing zone designated under s.
25238.396 (1m).
SB1,10
1Section
10. 30.123 (6) (f) of the statutes is created to read:
SB1,10,62
30.123
(6) (f) The construction or maintenance of bridges and the construction
3or placement and maintenance of culverts that are required for the construction,
4access, or operation of a new manufacturing facility and that affect a portion of a
5navigable stream within an electronics and information technology manufacturing
6zone designated under s. 238.396 (1m).
SB1,11
7Section
11. 30.123 (6m) (intro.) of the statutes is amended to read:
SB1,10,138
30.123
(6m) Permits in lieu of exemptions. (intro.) The department may
9decide to require that a person engaged in an activity that is exempt under sub. (6)
10(d)
or (f) apply for an individual permit or seek authorization under a general permit
11if the department has conducted an investigation and visited the site of the activity
12and has determined that conditions specific to the site require restrictions on the
13activity in order to prevent any of the following:
SB1,12
14Section
12. 30.19 (1m) (h) of the statutes is created to read:
SB1,10,1815
30.19
(1m) (h) Any activity that affects a portion of a navigable stream and that
16is required for the construction, access, and operation of a new manufacturing
17facility within an electronics and information technology manufacturing zone
18designated under s. 238.396 (1m).
SB1,13
19Section
13. 30.195 (7) of the statutes is renumbered 30.195 (7) (intro.) and
20amended to read:
SB1,10,2221
30.195
(7) Application of section. (intro.) This section does not apply to
22municipal any of the following:
SB1,10,24
23(a) Municipal or county-owned lands in counties having a population of
24750,000 or more.
SB1,14
25Section
14. 30.195 (7) (b) of the statutes is created to read:
SB1,11,3
130.195
(7) (b) Activity related to the construction, access, or operation of a new
2manufacturing facility located in an electronics and information technology
3manufacturing zone designated under s. 238.396 (1m).
SB1,15
4Section
15. 61.57 of the statutes is renumbered 61.57 (intro.) and amended
5to read:
SB1,11,11
661.57 Acquisition of recycling or resource recovery facilities without
7bids. (intro.) A village may contract for the acquisition of any element of
a recycling
8or resource recovery facility the following without submitting the contract for bids
9as required under s. 61.54 if the village invites developers to submit proposals to
10provide a completed project and evaluates proposals according to site, cost, design
11and the developers' experience in other similar projects
.:
SB1,16
12Section
16. 61.57 (1) and (2) of the statutes are created to read:
SB1,11,1313
61.57
(1) A recycling or resource recovery facility.
SB1,11,15
14(2) If the village contains an electronics and information technology
15manufacturing zone that is designated under s. 238.396 (1m):
SB1,11,1616
(a) Water and sewer systems.
SB1,11,1717
(b) Wastewater treatment facilities.
SB1,17
18Section
17. 62.155 of the statutes is renumbered 62.155 (intro.) and amended
19to read:
SB1,11,25
2062.155 Acquisition of recycling or resource recovery facilities without
21bids. (intro.) A city may contract for the acquisition of any element of
a recycling
22or resource recovery facility the following without submitting the contract for bids
23as required under s. 62.15 if the city invites developers to submit proposals to provide
24a completed project and evaluates proposals according to site, cost, design and the
25developers' experience in other similar projects
.
:
SB1,18
1Section
18. 62.155 (1) and (2) of the statutes are created to read:
SB1,12,22
62.155
(1) A recycling or resource recovery facility.
SB1,12,4
3(2) If the city contains an electronics and information technology
4manufacturing zone that is designated under s. 238.396 (1m):
SB1,12,55
(a) Water and sewer systems.
SB1,12,66
(b) Wastewater treatment facilities.
SB1,19
7Section
19. 66.1105 (2) (f) 1. (intro.) of the statutes is amended to read:
SB1,12,258
66.1105
(2) (f) 1. (intro.) “Project costs" mean any expenditures made or
9estimated to be made or monetary obligations incurred or estimated to be incurred
10by the city which are listed in a project plan as costs of public works or improvements
11within a tax incremental district or, to the extent provided in this subd. 1. (intro.) or
12subds. 1. k., 1. m., and 1. n.,
or sub. (20) (c), without the district, plus any incidental
13costs, diminished by any income, special assessments, or other revenues, including
14user fees or charges, other than tax increments, received or reasonably expected to
15be received by the city in connection with the implementation of the plan. For any
16tax incremental district for which a project plan is approved on or after July 31, 1981,
17only a proportionate share of the costs permitted under this subdivision may be
18included as project costs to the extent that they benefit the tax incremental district,
19except that expenditures made or estimated to be made or monetary obligations
20incurred or estimated to be incurred by a 1st class city, to fund parking facilities
21ancillary to and within one mile from public entertainment facilities, including a
22sports and entertainment arena, shall be considered to benefit any tax incremental
23district located in whole or in part within a one-mile radius of such parking facilities.
24To the extent the costs benefit the municipality outside the tax incremental district,
25a proportionate share of the cost is not a project cost. “Project costs" include:
SB1,20
1Section
20. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:
SB1,13,132
66.1105
(4) (gm) 4. c. Except as provided in subs. (10) (c), (16) (d), (17),
and (18)
3(c) 3.,
and (20) (b), the equalized value of taxable property of the district plus the
4value increment of all existing districts does not exceed 12 percent of the total
5equalized value of taxable property within the city. In determining the equalized
6value of taxable property under this subd. 4. c. or sub. (17) (c), the department of
7revenue shall base its calculations on the most recent equalized value of taxable
8property of the district that is reported under s. 70.57 (1m) before the date on which
9the resolution under this paragraph is adopted. If the department of revenue
10determines that a local legislative body exceeds the 12 percent limit described in this
11subd. 4. c. or sub. (17) (c), the department shall notify the city of its noncompliance,
12in writing, not later than December 31 of the year in which the department receives
13the completed application or amendment forms described in sub. (5) (b).
SB1,21
14Section
21. 66.1105 (20) of the statutes is created to read:
SB1,13,2015
66.1105
(20) Districts within an electronics and information technology
16manufacturing zone. (a)
Creation. With regard to a tax incremental district that
17is created in an electronics and information technology manufacturing zone that is
18designated under s. 238.396 (1m),
the district may only be a district that is suitable
19for industrial sites or mixed-use development, as described in sub. (4) (gm) 4. a., and
20all of the following apply:
SB1,14,221
1. Notwithstanding the dates specified in sub. (4) (gm) 2., if the resolution
22described under sub. (4) (gm) is adopted during the period between January 1 and
23December 1, the creation date shall be either the January 1 of the year in which the
24resolution is adopted or the next subsequent January 1, as specified by the local
25legislative body in the resolution. If a resolution is adopted during the period
1between December 2 and December 31, the creation date shall be the next
2subsequent January 1.
SB1,14,53
2. Notwithstanding the October 31 deadline for the city clerk's submission of
4the forms described in sub. (5) (b), the city clerk shall complete and submit the
5required forms for a tax incremental district described in this subsection either:
SB1,14,96
a. On or before December 31 of the year the resolution under subd. 1. is adopted
7if the resolution is adopted between January 1 and December 1, and the resolution
8specifies that the district's creation date is January 1 of the year in which the
9resolution is adopted.
SB1,14,1410
b. On or after the next subsequent April 1 and before the next subsequent
11December 1 of the year the resolution under subd. 1. is adopted if the resolution is
12adopted between January 1 and December 1 and the resolution specifies that the
13district's creation date is the next subsequent January 1 or the resolution is adopted
14between December 2 and December 31.
SB1,14,1815
(b)
Exception to the 12 percent limit. Notwithstanding the 12 percent limit
16findings requirement described under sub. (4) (gm) 4. c., the equalized value of
17taxable property of a tax incremental district described under this subsection does
18not count in the calculation of the 12 percent limit.
SB1,14,2119
(c)
Expenditures. With regard to a tax incremental district described under this
20subsection, the creating city may incur project costs for any territory that is located
21in the same county as the district, provided that the expenditure benefits the district.
SB1,14,2522
(d)
Allocation of positive increments. Notwithstanding the 20-year limit for
23allocating positive tax increments described in sub. (6) (a) 7., for a tax incremental
24district described under this subsection, that limit shall be 30 years for purposes of
25sub. (6) (a) 7.
SB1,15,3
1(e)
Termination. Notwithstanding the 20-year termination requirement
2specified in sub. (7) (am) 2., for a tax incremental district described under this
3subsection, that limit shall be 30 years for purposes of sub. (7) (am) 2.
SB1,22
4Section
22. 71.05 (6) (a) 15. of the statutes is amended to read:
SB1,15,105
71.05
(6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the
6credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r),
7(3rm), (3rn), (3s), (3t), (3w),
(3wm), (3y), (4k), (4n), (5e), (5f), (5h), (5i), (5j), (5k), (5r),
8(5rm), (6n), and (8r) and not passed through by a partnership, limited liability
9company, or tax-option corporation that has added that amount to the partnership's,
10company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).