SB388: Bill Text

SB388,24 Section 24. 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n) (intro.) and amended to read:

SB388,13,15 66.1105 (2) (n) (intro.) “Affordable Workforce housing" means housing that costs a household no more than 30 percent of the household's gross monthly income. to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5 year average median income and housing costs as calculated by the U.S. bureau of census in its American community survey:

SB388,25 Section 25. 66.1105 (2) (f) 3. (intro.) of the statutes is amended to read:

SB388,13,22 66.1105 (2) (f) 3. (intro.) Notwithstanding subd. 1., project costs may include any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city for newly platted residential development only for any tax incremental district for which a project plan is approved before September 30, 1995, for any workforce housing development, or for a mixed-use development tax incremental district to which one of the following applies:

SB388,26 Section 26. 66.1105 (2) (n) 1. of the statutes is created to read:

SB388,13,25 66.1105 (2) (n) 1. The housing costs a household no more than 30 percent of the household's gross median income.

SB388,27 Section 27. 66.1105 (2) (n) 2. of the statutes is created to read:

SB388,14,4 66.1105 (2) (n) 2. With regard to a workforce housing development district, 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.

SB388,28 Section 28. 66.1105 (2) (o) of the statutes is created to read:

SB388,14,8 66.1105 (2) (o) “Workforce housing development” means development that contains only newly platted residential uses, and 100 percent of the residential development must be workforce housing.

SB388,29 Section 29. 66.1105 (4) (c) of the statutes is amended to read:

SB388,14,17 66.1105 (4) (c) Identification of the specific property to be included under par. (gm) 4. as blighted, in need of workforce housing, or in need of rehabilitation or conservation work. Owners of the property identified shall be notified of the proposed finding and the date of the hearing to be held under par. (e) at least 15 days prior to the date of the hearing. In cities with a redevelopment authority under s. 66.1333, the notification required under this paragraph may be provided with the notice required under s. 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days prior to the date of the hearing to be held under par. (e).

SB388,30 Section 30. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

SB388,14,23 66.1105 (4) (gm) 4. a. Not Except as provided in subd. 4. am., not less than 50 percent, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

SB388,31 Section 31. 66.1105 (4) (gm) 4. am. of the statutes is created to read:

SB388,15,3 66.1105 (4) (gm) 4. am. If the district is a workforce housing development district, 100 percent, by area, of the real property within the district is suitable for a workforce housing development district and will be used for workforce housing.

SB388,32 Section 32. 66.1105 (4) (gm) 4. bm. of the statutes, as affected by 2017 Wisconsin Act 15, is amended to read:

SB388,15,10 66.1105 (4) (gm) 4. bm. The project costs relate directly to eliminating blight, directly serve to rehabilitate or conserve the area, directly increase workforce housing, or directly serve to promote industrial or mixed-use development, consistent with the purpose for which the tax incremental district is created under subd. 4. a. or am.; and

SB388,33 Section 33. 66.1105 (4) (gm) 6. of the statutes is amended to read:

SB388,15,19 66.1105 (4) (gm) 6. Declares that the district is a blighted area district, a rehabilitation or conservation district, an industrial district, a workforce housing development district, or a mixed-use district based on the identification and classification of the property included within the district under par. (c) and subd. 4. a. or am. If the district is not exclusively blighted, rehabilitation or conservation, industrial, workforce housing, or mixed use, the declaration under this subdivision shall be based on which classification is predominant with regard to the area described in subd. 4. a.

SB388,34 Section 34. 66.1105 (4m) (b) 2. of the statutes is amended to read:

SB388,16,12 66.1105 (4m) (b) 2. No tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5) (h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a majority vote within 45 days after receiving the resolution, except that with regard to a workforce housing development district, the board must approve the resolution adopted under sub. (4) (gm) or (h) 1. by a unanimous vote. With regard to a multijurisdictional tax incremental district created under this section, each public member of a participating city must be part of the majority that votes for approval of the resolution or the district may not be created. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under sub. (17) (a), such a district would be the only existing district created under that subsection by that city.

SB388,35 Section 35. 66.1105 (6) (a) 8. of the statutes is amended to read:

SB388,16,24 66.1105 (6) (a) 8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7. or 14. If the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

SB388,36 Section 36. 66.1105 (6) (a) 14. of the statutes is created to read:

SB388,17,2 66.1105 (6) (a) 14. Fifteen years after the tax incremental district is created if the district is a workforce housing development district.

SB388,37 Section 37 . 66.1105 (6) (g) 3. of the statutes is amended to read:

SB388,17,7 66.1105 (6) (g) 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable workforce housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.

SB388,38 Section 38. 66.1105 (7) (ak) 5. of the statutes is created to read:

SB388,17,10 66.1105 (7) (ak) 5. For a workforce housing development district, 15 years after the district is created.

SB388,39 Section 39 . 70.57 (4) (b) 1. of the statutes is amended to read:

SB388,17,15 70.57 (4) (b) 1. For the year in which the error occurred, apportion county, school district, technical college district, and metropolitan sewerage district property taxes, and state forestation taxes under s. 70.58, to the taxation district using the taxation district's erroneous valuation.

SB388,40 Section 40 . 70.57 (4) (b) 2. of the statutes is amended to read:

SB388,17,20 70.57 (4) (b) 2. For the year in which the error occurred, apportion county, school district, technical college district, and metropolitan sewerage district property taxes, and state forestation taxes under s. 70.58, to the taxation district using the taxation district's correct valuation.

SB388,41 Section 41 . 70.58 (1) of the statutes is amended to read:

SB388,18,6 70.58 (1) Except as provided in sub. subs. (2) and (3), there is levied an annual tax of two-tenths of one mill for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57, for the purpose of acquiring, preserving and developing the forests of the state and for the purpose of forest crop law and county forest law administration and aid payments, for grants to forestry cooperatives under s. 36.56, and for the acquisition, purchase and development of forests described under s. 25.29 (7) (a) and (b), the proceeds of the tax to be paid into the conservation fund. The tax shall not be levied in any year in which general funds are appropriated for the purposes specified in this section, equal to or in excess of the amount which the tax would produce.

SB388,42 Section 42 . 70.58 (2) of the statutes is amended to read:

SB388,18,14 70.58 (2) In each of 3 years beginning with the property tax assessments as of January 1, 2005, the department of revenue shall adjust the rate of the tax imposed under this section so that the percentage increase from the previous year in the total amount levied under this section does not exceed 2.6 percent. The rate determined by the department of revenue for the property tax assessment as of January 1, 2007, shall be the rate of the tax imposed under this section for all subsequent years, ending with the property tax assessments as of January 1, 2017.

SB388,43 Section 43 . 70.58 (3) of the statutes is created to read:

SB388,18,20 70.58 (3) In fiscal year 2017-18, and in each fiscal year thereafter, an amount equal to 0.1697 mills for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57 shall be transferred from the general fund to the conservation fund for the purposes described under sub. (1).

SB388,44 Section 44. 101.63 (5m) of the statutes is created to read:

SB388,19,2 101.63 (5m) Once every 6 years, review those portions of the state electrical wiring code promulgated by the department under s. 101.82 (1) that apply to dwellings. In its review, the department shall consult with the uniform dwelling code council and any council or committee created by the secretary to advise the department regarding the state electrical wiring code.

SB388,45 Section 45 . 227.115 (1) of the statutes is repealed and recreated to read:

SB388,19,5 227.115 (1) Definition. In this section, “state housing strategy plan" means the plan developed under s. 16.302.

SB388,46 Section 46 . 227.115 (2) (title) of the statutes is amended to read:

SB388,19,7 227.115 (2) (title) Report on Analysis of rules affecting housing.

SB388,47 Section 47 . 227.115 (2) of the statutes is renumbered 227.115 (2) (a) and amended to read:

SB388,19,19 227.115 (2) (a) If a proposed rule directly or substantially affects may increase or decrease, either directly or indirectly, the cost of the development, construction, cost, financing, purchasing, sale, ownership, or availability of housing in this state, the department agency promulgating the proposed rule shall prepare a report on the housing impact analysis for the proposed rule before it is submitted to the legislative council staff under s. 227.15. The department agency may request any information from other state agencies, local governments, or individuals or organizations that is reasonably necessary for the department agency to prepare the report. The department shall prepare the report within 30 days after the rule is submitted to the department analysis.

SB388,48 Section 48 . 227.115 (2) (b) of the statutes is created to read:

SB388,20,8 227.115 (2) (b) On the same day that the agency submits the housing impact analysis to the legislative council staff under s. 227.15 (1), the agency shall also submit that analysis to the department of administration, to the governor, and to the chief clerks of each house of the legislature, who shall distribute the analysis to the presiding officers of their respective houses, to the chairpersons of the appropriate standing committees of their respective houses, as designated by those presiding officers, and to the cochairpersons of the joint committee for review of administrative rules. If a proposed rule is modified after the housing impact analysis is submitted under this paragraph so that the housing impact of the proposed rule is significantly changed, the agency shall prepare a revised housing impact analysis for the proposed rule as modified. A revised housing impact analysis shall be prepared and submitted in the same manner as an original housing impact analysis is prepared and submitted.

SB388,49 Section 49 . 227.115 (3) (title) of the statutes is amended to read:

SB388,20,11 227.115 (3) (title) Findings of the department to be contained in the report housing impact analysis.

SB388,50 Section 50 . 227.115 (3) (a) (intro.) of the statutes is amended to read:

SB388,20,15 227.115 (3) (a) (intro.) The report of the department A housing impact analysis shall contain information about the effect of the proposed rule on housing in this state, including information on the effect of the proposed rule on all of the following:

SB388,51 Section 51 . 227.115 (3) (a) 2. of the statutes is amended to read:

SB388,20,19 227.115 (3) (a) 2. The cost of developing, constructing, rehabilitating, improving or, maintaining single family, or owning single-family or multifamily dwellings.

SB388,52 Section 52 . 227.115 (3) (a) 3. of the statutes is amended to read:

SB388,20,22 227.115 (3) (a) 3. The purchase price of housing new homes or the fair market value of existing homes.

SB388,53 Section 53 . 227.115 (3) (a) 6. of the statutes is created to read:

SB388,20,25 227.115 (3) (a) 6. The density, location, setback, size, or height of development on a lot, parcel, land division, or subdivision.

SB388,54 Section 54. 227.115 (3) (b) of the statutes is amended to read:

SB388,21,3 227.115 (3) (b) The report A housing impact analysis shall analyze the relative impact of the effects of the proposed rule on low- and moderate-income households.

SB388,55 Section 55 . 227.115 (3) (c) of the statutes is created to read:

SB388,21,9 227.115 (3) (c) 1. Except as provided in subd. 2., a housing impact analysis shall provide reasonable estimates of the information under pars. (a) and (b) expressed as dollar figures and shall include descriptions of the immediate effect and, if ascertainable, the long-term effect. The agency shall include a brief summary or worksheet of computations used in determining any such dollar figures.

SB388,21,13 2. If, after careful consideration, the agency determines that it is not possible to make an estimate expressed as dollar figures as provided in subd. 1., the analysis shall instead contain a statement to that effect setting forth the reasons for that determination.

SB388,56 Section 56 . 227.115 (3) (d) of the statutes is created to read:

SB388,21,18 227.115 (3) (d) Except as otherwise specified in par. (a), a housing impact analysis shall be prepared on the basis of a median-priced single-family residence but may include estimates for larger developments as an analysis of the long-term effect of the proposed rule.

SB388,57 Section 57 . 227.115 (5) of the statutes is repealed.

SB388,58 Section 58 . 227.15 (1) of the statutes, as affected by 2017 Wisconsin Act .... (Senate Bill 15), is amended to read:

SB388,22,10 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule required under s. 227.16 or, if no such public hearing is required, prior to notice under s. 227.19, an agency shall submit the proposed rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3), and (4), any housing impact analysis required under s. 227.115 (2) (a), any revised housing impact analysis required under s. 227.115 (2) (b), the economic impact analysis required under s. 227.137 (2), and any revised economic impact analysis required under s. 227.137 (4). An agency may not hold a public hearing on a proposed rule or give notice under s. 227.19 until after it has received a written report of the legislative council staff review of the proposed rule or until after the initial review period of 20 working days under sub. (2) (intro.), whichever comes first. An agency may give notice of a public hearing prior to receipt of the legislative council staff report. This subsection does not apply to rules promulgated under s. 227.24.

SB388,59 Section 59 . 227.19 (3) (g) of the statutes is repealed and recreated to read:

SB388,22,13 227.19 (3) (g) Any housing impact analysis prepared under s. 227.115 (2) (a) and any revised housing impact analysis prepared under s. 227.115 (2) (b).

SB388,60 Section 60. 348.16 (3) (d) of the statutes is created to read:

SB388,22,23 348.16 (3) (d) Subsection (2) does 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. A tank vehicle operated under this paragraph shall be equipped with a gauge on the tank that shows the amount of propane in the tank as a percent of the capacity of the tank and shall carry documentation of the capacity of the tank either on the cargo tank or in the cab of the vehicle.

SB388,61 Section 61. 349.16 (3) (d) of the statutes is created to read:

SB388,23,13 349.16 (3) (d) The authority in charge of the maintenance of the highway shall exempt from the special or seasonal weight limitations imposed under sub. (1) (a) 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. A tank vehicle operated under this paragraph shall be equipped with a gauge on the tank that shows the amount of propane in the tank as a percent of the capacity of the tank and shall carry documentation of the capacity of the tank either on the cargo tank or in the cab of the vehicle. A motor vehicle operated under this paragraph shall, to the extent practicable, make deliveries on seasonally weight-restricted roads at times of the day when the highways used are the least vulnerable.

SB388,62 Section 62. 706.05 (2m) (b) 1. of the statutes is amended to read:

SB388,23,17 706.05 (2m) (b) 1. Descriptions of easements for the construction, operation, or maintenance of electric, gas, railroad, water, sewer, telecommunications, or telephone lines or facilities.

SB388,63 Section 63. Nonstatutory provisions.

SB388,23,23 (1) Forestation state tax. For the property tax assessments as of January 1, 2017, the department of revenue shall prescribe a form for the property tax bills prepared under section 74.09 of the statutes that indicates that the state no longer imposes the forestation state tax. The form shall also indicate the amount of the forestation state tax that the taxpayer paid in the previous year.

SB388,64 Section 64. Initial applicability.

SB388,24,3 (1) Formal requisites for recording sewer easements. The treatment of section 706.05 (2m) (b) 1. of the statutes first applies to a description of an easement that is recorded on the effective date of this subsection.

SB388,24,6 (2) Development regulation. The treatment of section 66.10015 (2) (b) of the statutes first applies to an application for an approval that is filed on the effective date of this subsection.

SB388,24,9 (3) Housing impact analyses for bills. The treatment of section 13.099 (2) and (3) (title), (a) (intro.), 2., 3., 6., (b), (c), and (d) of the statutes first applies to a bill introduced on the effective date of this subsection.

SB388,24,15 (4) Housing impact analyses for rules. The treatment of sections 227.115 (1), (2) (b), (3) (title), (a) (intro.), 2., 3., and 6., (b), (c), and (d), and (5), 227.15 (1), and 227.19 (3) (g) of the statutes, the renumbering and amendment of section 227.115 (2) of the statutes, and the amendment of section 227.115 (2) (title) of the statutes first apply to a proposed rule whose statement of scope is presented for approval under section 227.135 (2) of the statutes on the effective date of this subsection.

SB388,24,16 (End)