Wisconsin Legislature: 27,4349d

1. Space in the facility is rented at a rate lower than the market rate in the community.

2. Shared business services are provided in the facility.

3. Management training and management and technical assistance are available at the facility.

4. Businesses using the facility may obtain financial capital through a direct relationship with at least one financial institution.

(b) “Minority business" has the meaning given in s. 560.036 (1) (e).

(d) “Nonprofit organization" means an organization that is not a corporation and that is exempt from taxation under section 501 (c) (3) of the Internal Revenue Code.

(2) Grant. The department may make a grant of not more than $100,000 from the appropriation under s. 20.143 (1) (fm) to a nonprofit organization, if all of the following apply:

(a) The nonprofit organization owns and operates a business incubator.

(b) The business incubator provides services primarily to minority group members or minority businesses.

(d) If the grant is part of a project that is also funded by contributions from other sources, the nonprofit organization provides the department with the amount of those contributions or pledges for contributions that the nonprofit organization received before the grant is made.

(e) The secretary approves the plan submitted under par. (c) before awarding the grant.

(f) The nonprofit organization agrees to submit to the department, within 90 days after spending the full amount of the grant, a report detailing the actual use of the proceeds of the grant.

(3) Applicability. This section does not apply after June 30, 1999.

27,4340 Section 4340 . 560.036 (2) (a) of the statutes is amended to read:

560.036 (2) (a) For the purposes of ss. 16.75 (3m), 16.855 (10m), 16.87 (2), 18.16, 18.64, 18.77, 25.185, 66.911, 119.495 (2), 231.27, 234.65 (6) and 234.85 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a “business" includes a financial adviser or investment firm.

27,4341c Section 4341c. 560.037 (3) of the statutes is amended to read:

560.037 (3) The department may not make grants under sub. (1) that exceed $80,000 $125,000 in total in any year.

27,4342c Section 4342c. 560.038 (2) (c) of the statutes is repealed.

27,4342j Section 4342j. 560.038 (2) (d) of the statutes is repealed.

27,4342m Section 4342m. 560.038 (3) of the statutes is repealed.

27,4343c Section 4343c. 560.039 (2) (b) of the statutes is repealed.

27,4343j Section 4343j. 560.039 (2) (c) of the statutes is repealed.

27,4343m Section 4343m. 560.039 (3) of the statutes is repealed.

27,4344 Section 4344 . 560.045 of the statutes is amended to read:

560.045 Community development block grant administration. Notwithstanding s. 16.54 (2) (a), from moneys received under a community development block grant, 42 USC 5301 to 5320, the department shall contract with the department of administration for the administration of housing programs, including the housing improvement grant program and the initial rehabilitation grant program. To the extent allowed under federal law or regulation, the department shall give priority in the awarding of grants under the programs to grants for projects related to the redevelopment of brownfields, as defined in s. 560.60 (1v).

27,4346 Section 4346 . 560.06 of the statutes is created to read:

560.06 Memorandum of understanding on use of allocated moneys. The department may provide assistance to a nonprofit organization that provides assistance to organizations and individuals in urban areas. No later than December 30, 1997, the department of commerce shall enter into a memorandum of understanding with the department of administration that specifies how the department of commerce may use the moneys allocated under s. 20.143 (1) (c) for providing assistance under this section.

27,4349d Section 4349d. 560.09 (5) of the statutes is repealed.

27,4351 Section 4351 . 560.13 of the statutes is created to read:

560.13 Brownfields grant program. (1) In this section:

(a) “Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

(b) “Brownfields redevelopment" means any work or undertaking by a person, municipality or local development corporation to acquire a brownfields facility or site and to raze, demolish, remove, reconstruct, renovate or rehabilitate the facility or existing buildings, structures or other improvements at the site for the purpose of promoting the use of the facility or site for commercial, industrial or other purposes. “Brownfields redevelopment" does not include construction of new facilities on the site for any purpose other than environmental remediation activities.

(d) “Environmental remediation activities" means investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution; abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.

(e) “Local development corporation" means a nonprofit corporation organized under ch. 181 that does all of the following:

1. Operates within specific geographic boundaries.

2. Promotes economic development within the specific geographic area.

3. Demonstrates a commitment to or experience in the redevelopment of brownfields.

(f) “Municipality" means a city, village, town or county.

(g) “Person" means an individual, partnership, corporation or limited liability company.

(2) (a) Subject to subs. (4) and (5), from the appropriations under s. 20.143 (1) (br) and (qm) the department may make a grant to a person, municipality or local development corporation if all of the following apply:

1. The recipient uses the grant proceeds for brownfields redevelopment or associated environmental remediation activities.

2. All of the following are unknown, cannot be located or are financially unable to pay the cost of brownfields redevelopment or associated environmental remediation activities:

a. The party that caused the portion of the environmental contamination that is the basis for the grant request.

b. Any person who possessed or controlled the environmental contaminant that is the basis for the grant request before the contaminant was released.

3. The recipient contributes to the cost of the project as provided in par. (b).

(b) 1. The contribution required under par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds, excluding funds obtained under the program under s. 560.17 or under any program under subch. V or VII of this chapter. In-kind contributions shall be limited to actual remediation services.

2. For a grant that does not exceed $300,000, the recipient shall be required to contribute not less than 20% of the cost of the project. For a grant that is greater than $300,000 but that does not exceed $700,000, the recipient shall be required to contribute not less than 35% of the cost of the project. For a grant that is greater than $700,000 but that does not exceed $1,250,000, the recipient shall be required to contribute not less than 50% of the cost of the project.

(3) (a) The department shall award grants under this section on the basis of the following criteria:

1. The potential of the project to promote economic development in the area.

2. Whether the project will have a positive effect on the environment.

3. The amount and quality of the recipient's contribution to the project.

4. The innovativeness of the recipient's proposal for remediation and redevelopment.

(b) If possible, when making a determination under par. (a), the department shall accord a 50% weight to the criterion under par. (a) 1., a 25% weight to the criterion under par. (a) 2., a 15% weight to the criterion under par. (a) 3. and a 10% weight to the criterion under par. (a) 4.

(4) (a) From the appropriations under s. 20.143 (1) (br) and (qm) in fiscal year 1997-98, and from the appropriation under s. 20.143 (1) (qm) in fiscal year 1998-99, the department shall award all of the following in each of those fiscal years:

1. A total of $750,000 in grants that do not exceed $300,000.

2. A total of $1,750,000 in grants that are greater than $300,000 but that do not exceed $700,000.

3. A total of $2,500,000 in grants that are greater than $700,000 but that do not exceed $1,250,000.

(b) The department may not award a grant that exceeds $1,250,000.

(c) The department shall award at least 7 grants for projects that are located in municipalities with a population of less than 30,000.

(5) Before the department awards a grant under this section, the department shall consider the recommendations of the department of administration and the department of natural resources.

(6) The department shall promulgate rules that establish criteria, within the guidelines under subs. (2) and (3), for awarding grants under this section, including the circumstances under which grant proceeds may be used for assessment services.

(7) On or before December 31, 1998, and annually thereafter, the department shall submit a report on the effectiveness of the program under this section to the legislature under s. 13.172 (2) and to the governor and the department of administration.

27,4352 Section 4352 . 560.135 of the statutes is created to read:

560.135 Mining economic development grants and loans. (1) In this section:

(a) “Area affected by mining" means an area in which all of the following apply:

1. Public and private infrastructure are or were provided to support mining activity.

2. Public funds are or were expended for costs associated with mining activity.

3. Construction of a mine has commenced and economic diversification is necessary to reduce dependence on mining activity for the long-term economic growth and stability of the area.

(b) “Board" means the development finance board.

(d) “Community-based organization" has the meaning given in s. 560.14 (1) (c).

(e) “Local development corporation" means any of the following:

1. The elected governing body of a federally recognized American Indian tribe or band in this state or any business created by the elected governing body.

2. A nonprofit corporation organized under ch. 181 that does all of the following:

a. Operates within specific geographic boundaries.

b. Promotes the economic development within the specific geographic area.

(f) “Mining" means metallic mineral mining.

(2) Subject to subs. (3) and (4), the board may award a grant or loan for the purpose specified to any of the following entities located in an area affected by mining:

(a) A business, to finance costs associated with start-up, maintenance or expansion in an area affected by mining.

(b) A city, village, town or county, to develop an economic diversification plan.

(c) A city, village, town, county, community-based organization or local development corporation, to establish a local revolving loan fund to finance businesses that will create long-term employment opportunities.

(d) A community-based organization or local development corporation, to conduct a local economic development project that will create long-term employment opportunities and to provide assistance to businesses or entrepreneurs.

(e) A business, to obtain professional services related to the start-up, maintenance or expansion of the business, including assistance with feasibility studies or financial and marketing plans and managerial assistance after start-up or expansion.

(3) The board may not award a grant or loan under sub. (2) if the proceeds will be used to establish or expand a business that is solely dependent on mining activity.

(4) (a) The board may not award a grant or loan under sub. (2) (a), (b) or (d) that exceeds $100,000.

(b) The board may not award a grant or loan under sub. (2) (c) that exceeds $200,000.