Wisconsin Legislature: 227,228

61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32, or if the department of natural resources, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 144.26 281.31 (1), the department of natural resources shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

227,216 Section 216 . 61.354 (2) and (7) of the statutes are amended to read:

61.354 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35.

(7) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).

227,217 Section 217 . 61.55 of the statutes is amended to read:

61.55 Contracts involving over $10,000; how let; exception. All contracts for public construction, in any such village, exceeding $10,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision and s. 144.04 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

227,218 Section 218 . 62.15 (1b) of the statutes is amended to read:

62.15 (1b) Exception as to public emergency. The provisions of sub. (1) and s. 144.04 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the board of public works or board of public utility commissioners, in which the public health or welfare of the city is endangered. Whenever the city council determines by majority vote at a regular or special meeting that an emergency no longer exists, this subsection no longer applies.

227,219 Section 219 . 62.225 of the statutes is amended to read:

62.225 Recycling or resource recovery facilities. A city may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13 287.13.

227,220 Section 220. 62.231 (3) and (6) of the statutes are amended to read:

62.231 (3) Adoption of ordinance. To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

(6) Failure to adopt ordinance. If any city does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32, or if the department of natural resources, after notice and hearing, determines that a city adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 144.26 281.31 (1), the department of natural resources shall adopt an ordinance for the city. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

227,221 Section 221 . 62.234 (2) and (7) of the statutes are amended to read:

62.234 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 62.23.

227,222 Section 222 . 66.023 (7) of the statutes, as affected by 1995 Wisconsin Act 35, is amended to read:

66.023 (7) Other boundary procedures. (a) Other procedures after hearing. After the joint hearing under sub. (4) (b) is held, no other procedure, except the procedure under s. 144.07 281.43 (1m), for altering a municipality's boundaries may be used to alter a boundary included in the proposed cooperative plan under sub. (3) (d) 1. until the boundary is no longer included in the proposed cooperative plan, the municipality withdraws from the proposed cooperative plan or the proposed cooperative plan fails to receive approval from the department, whichever occurs first.

(b) Other boundary procedures during the planning period. During the planning period specified under sub. (3) (f), no other procedure for altering a municipality's boundaries may be used to alter a boundary that is included in the cooperative plan under sub. (3) (d) 1., except if an annexation is conducted under s. 144.07 281.43 (1m), regardless of whether the boundary is proposed to be maintained or changed or is allowed to be changed under the plan. After the planning period has expired, the boundary may be altered.

227,223 Section 223 . 66.038 (1) (a) of the statutes is amended to read:

66.038 (1) (a) “Environmental pollution" has the meaning specified under s. 144.01 (3) 299.01 (4).

227,224 Section 224 . 66.038 (3) (e) 4. of the statutes is amended to read:

66.038 (3) (e) 4. Any mining operation, the reclamation of which is required in a permit obtained under ss. 144.80 to 144.94 ch. 293.

227,225 Section 225 . 66.038 (3) (e) 5. of the statutes is amended to read:

66.038 (3) (e) 5. Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under ss. 144.435 to 144.445 subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ss. 144.60 to 144.74 ch. 291 but a nonmetallic mining reclamation ordinance may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic mining site separate from the solid or hazardous waste disposal facility such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

227,226 Section 226 . 66.121 of the statutes is amended to read:

66.121 Inspection of property. A county or a city authorized to act under s. 74.87 may enter any real property for which a tax certificate has been issued under s. 74.57, or may authorize another person to enter the real property, to determine the nature and extent of environmental pollution, as defined in s. 144.01 (3) 299.01 (4).

227,227 Section 227 . 66.122 (1) (b) of the statutes is amended to read:

66.122 (1) (b) “Inspection purposes" include, without limitation because of enumeration, such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under s. 144.44 or 144.64 subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact statement related to one of those reports.

227,228 Section 228. 66.293 (3) (b) of the statutes is amended to read:

66.293 (3) (b) In this subsection, “municipality" means any city, town, village or county, technical college district, common school district, union high school district, unified school district, county-city hospital established under s. 66.47, sewerage commission organized under s. 144.07 281.43 (4), metropolitan sewerage district organized under ss. 66.20 to 66.26, public or quasi-public corporation, or any other unit of government, or any agency or instrumentality of 2 or more units of government in this state.

227,229 Section 229 . 66.33 (5) of the statutes is amended to read:

66.33 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 144.21, 144.24 or 144.25 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under ss. 144.241 281.58 and 144.2415 281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose.

227,230 Section 230 . 66.33 (6) of the statutes is amended to read:

66.33 (6) Any municipality is authorized to enter into contracts with a nonprofit-sharing corporation for the municipality to design and construct the projects it will sublease from the department of natural resources pursuant to s. 144.21 281.55 (6) (b).

227,231 Section 231 . 66.35 (1) (a) of the statutes is amended to read:

66.35 (1) (a) “Medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.

227,232 Section 232 . 66.35 (2) of the statutes is amended to read:

66.35 (2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under s. 159.03 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.

227,233 Section 233 . 66.365 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

66.365 Aids to municipalities; environmental damage compensation. The department of natural resources may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under s. 147.23 283.87 (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.

227,234 Section 234 . 66.46 (2) (am) of the statutes is amended to read:

66.46 (2) (am) “Environmental pollution" has the meaning given in s. 144.01 (3) 299.01 (4).

227,235 Section 235 . 66.521 (9) of the statutes is amended to read:

66.521 (9) Payment of taxes. When any industrial project acquired by a municipality under this section is used by a private person as a lessee, sublessee or in any capacity other than owner, that person shall be subject to taxation in the same amount and to the same extent as though that person were the owner of the property. Taxes shall be assessed to such private person using the real property and collected in the same manner as taxes assessed to owners of real property. When due, the taxes shall constitute a debt due from such private person to the taxing unit and shall be recoverable as provided by law, and such unpaid taxes shall become a lien against the property with respect to which they were assessed, superior to all other liens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and shall be placed on their tax roll when there has been a conveyance of the property in the same manner as are other taxes assessed against real property.

227,236 Section 236 . 66.606 (1) (a) 1. of the statutes is amended to read:

66.606 (1) (a) 1. Any special assessment or special charge levied under any authority by a responsible unit for the purpose of complying with s. 159.09 287.09 (2).

227,237 Section 237 . 66.606 (1) (a) 2. of the statutes is amended to read:

66.606 (1) (a) 2. Any charge made under any authority by any person acting under a contract with a responsible unit to provide a service required under s. 159.09 287.09 (2).

227,238 Section 238 . 66.606 (1) (b) of the statutes is amended to read:

66.606 (1) (b) “Responsible unit" has the meaning given in s. 159.01 287.01 (9).

227,239 Section 239 . 66.888 (1) (c) 3. c. of the statutes is amended to read:

66.888 (1) (c) 3. c. The need to maintain the consistency of any redefined boundary of the district with a regional water quality management plan established or approved under ss. 144.025 281.12 (1) and 147.25 283.83 or any facilities plan established and approved under s. 144.04 281.41.

Note: The cross-reference to s. 144.025 is qualified with the phrase “regional water quality management plan established or approved under" that statute. The portion of s. 144.025 related to the prevention and abatement of water pollution is in s. 144.025 (2) (a). Accordingly, the new cross-reference used in this bill [s. 281.12 (1)] is only to former s. 144.025 (2) (a), rather than to all provisions of former s. 144.025.

227,240 Section 240 . 66.892 (2) (a) and (d) of the statutes are amended to read:

66.892 (2) (a) Except as provided in pars. (b) to (d) and subject to s. 144.04 281.41, no commission may separate combined storm and sanitary sewers.

(d) Any person aggrieved by the decision of the commission to separate a combined storm and sanitary sewer may file a petition for judicial review in the circuit court for the county in which the district is located. Nothing in this paragraph affects any review under s. 144.04 281.41.

227,241 Section 241 . 66.894 (14) (g) of the statutes is amended to read:

66.894 (14) (g) Paragraphs (d) to (f) do not apply to any project which includes a solid waste disposal facility which requires an operating license under s. 144.44 (4) 289.31.

227,242 Section 242 . 66.902 (1) (a) 4. a. of the statutes is amended to read:

66.902 (1) (a) 4. a. Interfere with the district's ability to meet its obligations under a pollution discharge elimination permit or general permit issued under s. 147.02 283.31 or 147.023 283.35, or under an air pollution control permit issued under subch. III of ch. 144 285.

227,243 Section 243 . 66.902 (1) (e) of the statutes is amended to read:

66.902 (1) (e) If any person fails to comply with a rule of the district, the district may obtain an injunction under s. 823.02 or the district may initiate an action for the civil remedies under s. 147.21 283.91 (2) or (5). If the district acts under s. 147.21 283.91 (2) or (5), the district may recover the forfeiture in a civil action brought by the commission in the name of the district. Collected forfeitures shall be paid into the district's general fund. The forfeiture is in addition to and does not substitute for any damages recoverable by the commission.

227,244 Section 244 . 66.902 (2) (c) of the statutes is amended to read:

66.902 (2) (c) If the commission does not stay compliance and a person fails to comply with a special order of the district within the time specified, or if a person fails to begin in good faith to obey, the person is creating a public nuisance enjoinable under s. 823.02. The district may also initiate an action for the civil remedies under s. 147.21 283.91 (2) or (5). If the district acts under s. 147.21 283.91 (2) or (5), the forfeiture may be recovered by the district in a civil action brought by the commission in the name of the district. Collected forfeitures shall be paid into the district's general fund. The forfeiture is in addition to and does not substitute for any damages recoverable by the commission.

227,245 Section 245 . 66.904 (2) (a) of the statutes is amended to read:

66.904 (2) (a) Except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 144 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29.

Note: The cross-reference to ch. 144 is overly inclusive. Only current subch. II of ch. 144 relates to department of natural resources (DNR) approval of sewer plans. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 281.

227,246 Section 246 . 66.905 (2) (a) of the statutes is amended to read:

66.905 (2) (a) From the amounts allocated for purposes of this section under s. 20.866 (2) (to), the district shall fund a development and training program for the purpose of developing the capability of minority businesses to participate in construction and construction-related projects funded under the combined sewer overflow abatement program under s. 144.242 281.63.

227,247 Section 247 . 66.905 (2) (b) of the statutes is amended to read:

66.905 (2) (b) From the amounts allocated for purposes of this section under s. 20.866 (2) (tc), the district shall fund a development and training program for the purpose of developing the capability of minority businesses to participate in construction and construction-related projects funded under the clean water fund program under ss. 144.241 281.58 and 144.2415 281.59.

227,248 Section 248 . 66.912 (5) of the statutes is amended to read:

66.912 (5) Review by public service commission. Except as provided under s. 66.899 (2), upon complaint to the public service commission by any user that charges, rules and practices under this section are unreasonable or unjustly discriminatory, according to the standards and criteria which the commission is required to follow under state or federal law, including, without limitation because of enumeration, this section, 33 USC 1251 et. seq. and ch. 147 283, or upon complaint of a holder of a revenue bond or other evidence of debt, secured by a mortgage on the sewerage system or any part thereof or pledge of the income of sewerage service charges, that charges are inadequate, the public service commission shall investigate the complaint. If sufficient cause therefor appears, the public service commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the commission. After the hearing, if the public service commission determines that the charges, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable charges, rules and practices and shall make such other order respecting such complaint as may be just and reasonable. The proceedings under this subsection shall be governed, as far as applicable, by ss. 196.26 to 196.40. The commission may submit the factual data, reports and analyses considered by it in establishing the charges, rules or practices subject to a complaint under this subsection. The public service commission shall give due weight to such data, reports and analyses. Judicial review of the determination of the public service commission may be had by any person aggrieved in the manner prescribed under ch. 227. If any user pays a charge and the public service commission or court, on appeal from the public service commission, finds such charge, after reviewing a complaint filed under this subsection, to be excessive, the district shall refund to the user the excess plus the interest thereon computed at the rate then paid by the district for borrowing funds for a term of one year or less.

227,249 Section 249 . 66.945 (14) (c) of the statutes is amended to read:

66.945 (14) (c) Where less than one-half of the land within a county is within a region, the chairperson of the regional planning commission shall before August 1 of each year certify to the clerk of the local governmental unit involved a statement of the proportionate charges assessed to that local governmental unit. Such clerk shall extend the amount shown in such statement as a charge on the tax roll under s. 144.07 281.43 (2).

227,250 Section 250 . 67.04 (5) (b) 2. of the statutes is amended to read:

67.04 (5) (b) 2. To fund a capital cost loan under s. 144.241 281.58 or 144.2415 281.59.

227,251 Section 251 . 67.12 (1) (b) of the statutes is amended to read:

67.12 (1) (b) Any municipality may issue municipal obligations in anticipation of receiving proceeds from clean water fund loans or grants for which the municipality has received a notice of financial assistance commitment under s. 144.241 281.58 (15), from bonds or notes the municipality has authorized or has covenanted to issue under this chapter or from grants that are committed to the municipality. Any municipal obligation issued under this paragraph may be refunded one or more times. Such obligation and any refundings thereof shall be repaid within 5 years after the original date of the original obligation.

227,252 Section 252 . 67.12 (12) (a) of the statutes is amended to read:

67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 144.241 281.58 and 144.2415 281.59, or to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, shall be repaid within 20 years after the original date of the note.

227,253 Section 253 . 70.01 of the statutes is amended to read:

70.01 General property taxes; upon whom levied. Taxes shall be levied, under this chapter, upon all general property in this state except property that is exempt from taxation. Real estate taxes and personal property taxes are deemed to be levied when the tax roll in which they are included has been delivered to the local treasurer under s. 74.03. When so levied such taxes are a lien upon the property against which they are charged. That lien is superior to all other liens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and is effective as of January 1 in the year when the taxes are levied. Liens of special assessments of benefits for local improvements shall be in force as provided by the charter or general laws applicable to the cities that make the special assessments. In this chapter, unless the context requires otherwise, references to “this chapter" do not include ss. 70.37 to 70.395.

227,254 Section 254 . 70.11 (21) (a) of the statutes is amended to read:

70.11 (21) (a) All property purchased or constructed as a waste treatment facility used for the treatment of industrial wastes as defined in s. 144.01 281.01 (5) or air contaminants as defined in s. 144.30 285.01 (1) but not for other wastes as defined in s. 144.01 (8) 281.01 (7) and approved by the department of revenue for the purpose of abating or eliminating pollution of surface waters, the air or waters of the state if that property is not used to grow agricultural products for sale. For the purposes of this subsection “industrial waste" also includes wood chips, sawdust and other wood residue from the paper and wood products manufacturing process that can be used as fuel and would otherwise be considered superfluous, discarded or fugitive material. The department of natural resources and department of health and family services shall make recommendations upon request to the department of revenue regarding such property. All property purchased or upon which construction began prior to July 31, 1975, shall be subject to s. 70.11 (21), 1973 stats.

227,255 Section 255 . 70.32 (1m) of the statutes is amended to read:

70.32 (1m) In addition to the factors set out in sub. (1), the assessor shall consider the impairment of the value of the property because of the presence of a solid or hazardous waste disposal facility or because of environmental pollution, as defined in s. 144.01 (3) 299.01 (4).

227,256 Section 256 . 70.375 (1) (as) and (bm) of the statutes are amended to read: