2019 - 2020 LEGISLATURE
March 2, 2020 - Introduced by Representatives McGuire, Kitchens, Neubauer,
Kerkman, Anderson, Brostoff, Dittrich, Fields, Gruszynski, Ohnstad,
Sinicki, Spreitzer, Stubbs, Subeck and Zamarripa, cosponsored by Senators
Wirch, Wanggaard and Ringhand. Referred to Committee on Environment.
1An Act to create
20.370 (9) (pq) and 23.199 of the statutes; relating to: creating
2a Great Lakes erosion control revolving loan program, providing an exemption
3from emergency rule procedures, granting rule-making authority, and making
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to administer a
revolving loan program to assist municipalities and owners of homes located on the
shore of Lake Michigan or Lake Superior where the structural integrity of municipal
buildings or homes is threatened by erosion of the shoreline. The bill appropriates
$5,000,000 to DNR for this purpose and increases DNR's position authorization by
0.5 FTE to administer the program. The bill requires DNR to promulgate rules to
administer the program, including eligibility requirements and income limitations,
and authorizes DNR to promulgate emergency rules for the period before permanent
rules take effect.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.370 (9) (pq) of the statutes is created to read:
(pq) Great Lakes erosion control revolving loan program.
As a 5
continuing appropriation, from the environmental fund, the amounts in the schedule 6
for the Great Lakes erosion control revolving loan program under s. 23.199.
23.199 of the statutes is created to read:
823.199 Great Lakes erosion control revolving loan program. (1)
department shall administer a revolving loan program to assist municipalities and 10
owners of homes located on the shore of Lake Michigan or Lake Superior where the 11
structural integrity of municipal buildings or homes is threatened by erosion of the 12
The department shall make loans under this section from the appropriation 14
account under s. 20.370 (9) (pq).
The department shall promulgate rules to administer this section, 16
including rules establishing eligibility criteria and income limitations for loans 17
under this section.
(1) Position authorization.
The authorized FTE positions for the department 2
of natural resources, funded from the appropriation under s. 20.370 (9) (pq), are 3
increased by 0.5 SEG position for the purpose of administering the Great Lakes 4
erosion control revolving loan program.
(2) Emergency rules.
The department of natural resources may use the 6
procedure under s. 227.24 to promulgate emergency rules under s. 23.199 for the 7
period before the date on which permanent rules under s. 23.199 take effect. 8
Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this 9
subsection remain in effect until the first day of the 25th month beginning after the 10
effective date of the emergency rules, the date on which the permanent rules take 11
effect, or the effective date of the repeal of the emergency rules, whichever is earlier. 12
Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not 13
required to provide evidence that promulgating a rule under this subsection as 14
emergency rules is necessary for the preservation of public peace, health, safety, or 15
welfare and is not required to provide a finding of emergency for a rule promulgated 16
under this subsection.