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LRB-4077/1
SWB:cdc
2021 - 2022 LEGISLATURE
June 23, 2021 - Introduced by Joint Committee on Finance. Referred to Joint
Committee on Finance.
SB425,1,5 1An Act to amend 200.35 (14) (title), 200.35 (14) (a) 2. and 200.35 (14) (b); and
2to create 200.35 (14) (a) 2. b., 200.35 (14) (d) 3m. and 200.35 (14) (h) of the
3statutes; relating to: authorization for metropolitan sewerage districts
4containing a first class city to finance and construct a dredged material
5management facility located in the city of Milwaukee.
Analysis by the Legislative Reference Bureau
This bill allows a metropolitan sewerage commission for a sewerage district
including a first class city (currently only the city of Milwaukee) to finance and
construct a dredged material management facility for the Milwaukee Estuary Area
of Concern at a location in the city of Milwaukee.
The Milwaukee Estuary is one of the “Areas of Concern” across the Great Lakes
identified under the 1987 Great Lakes Water Quality Agreement. The Great Lakes
Water Quality Agreement is an agreement between the United States and Canada
to restore and protect the waters of the Great Lakes. The U.S. Environmental
Protection Agency coordinates U.S. activities under this agreement. The Water
Quality Agreement defines an “area of concern” as “a geographic area designated by
the Parties where significant impairment of beneficial uses has occurred as a result
of human activities at the local level."
Current law allows a metropolitan sewerage commission for a sewerage district
including a first class city to participate in certain shore protection projects, but the
provision does not apply to any project after January 1, 1992. The bill would modify

certain current law requirements, including the date restriction, to specifically allow
the metropolitan sewerage commission to construct projects, including a dredged
material management facility project, before January 1, 2032. Under the bill, the
commission must pay for all the costs of the dredged material management facility
project through its capital budget and may finance the project by issuance of bonds
or notes that must be made payable within 35 years. The bill also provides that the
commission may reserve space in the dredged material management facility for the
disposal of sediment from flood management projects. The bill is contingent upon
the commission adopting a resolution by the end of calendar year 2021 that
establishes a requirement that through 2027, the Milwaukee Metropolitan
Sewerage District's capital budget levy increases will be at or below 3 percent. The
bill allows for an exemption to the 3 percent limit to address circumstances
associated with a state, city, or county declared state of emergency or an emergency
declaration or major disaster declaration by the Federal Emergency Management
Agency, but only if enacted by a two-thirds majority vote by the commission.
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:
SB425,1 1Section 1. 200.35 (14) (title) of the statutes is amended to read:
SB425,2,32 200.35 (14) (title) Shore protection projects and dredged material
3management facility
.
SB425,2 4Section 2. 200.35 (14) (a) 2. of the statutes is amended to read:
SB425,2,55 200.35 (14) (a) 2. “Project" means a any of the following:
SB425,2,9 6a. A shore protection or erosion control project which consists, in whole or in
7part, of waste rock produced by construction projects undertaken by the commission
8and which has been requested, by resolution, by a political subdivision with territory
9in the district's service area.
SB425,3 10Section 3. 200.35 (14) (a) 2. b. of the statutes is created to read:
SB425,2,1111 200.35 (14) (a) 2. b. A dredged material management facility.
SB425,4 12Section 4. 200.35 (14) (b) of the statutes is amended to read:
SB425,3,4
1200.35 (14) (b) The commission may construct a project under this subsection
2and may finance and construct a project that is a dredged material management
3facility
. This paragraph does not apply to the construction of any project on or after
4January 1, 1992 2032.
SB425,5 5Section 5. 200.35 (14) (d) 3m. of the statutes is created to read:
SB425,3,116 200.35 (14) (d) 3m. Notwithstanding any requirements to the contrary in
7subds. 1. to 3., for a dredged material management facility constructed by the
8commission, the commission shall pay for all the costs of the project through its
9capital budget and may finance the project pursuant to s. 200.55. Notwithstanding
10s. 67.07, district bonds or notes issued to finance the project shall be made payable
11within a period of 35 years from the date of the bonds or notes.
SB425,6 12Section 6. 200.35 (14) (h) of the statutes is created to read:
SB425,3,1513 200.35 (14) (h) For a dredged material management facility constructed by the
14commission, the commission may reserve space in the dredged material
15management facility for the disposal of sediment from flood management projects.
SB425,9101 16Section 9101. Nonstatutory provisions; Administration.
SB425,4,317 (1) Metropolitan sewerage commission levy increase. If the metropolitan
18sewerage commission created under s. 200.23 adopts a resolution by December 31,
192021, that establishes a requirement that through 2027, the Milwaukee
20Metropolitan Sewerage District's capital budget levy increases will be at or below 3
21percent, then the treatment of s. 200.35 (14) (title), (a) 2. and 2. b., (b), (d) 3m., and
22(h) takes effect on the effective date of that resolution. If the metropolitan sewerage
23commission created under s. 200.23 does not adopt such a resolution by December
2431, 2021, then the treatment of s. 200.35 (14) (title), (a) 2. and 2. b., (b), (d) 3m., and
25(h) is void. An exemption to the 3 percent limit is allowable to address circumstances

1associated with a state, city, or county declared state of emergency or an emergency
2declaration or major disaster declaration by the Federal Emergency Management
3Agency, if enacted by a two-thirds majority vote by the commission.
SB425,4,44 (End)
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