Wisconsin Legislature: 27,1146h

30.277 (3) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

27,1141 Section 1141 . 30.277 (6) of the statutes is amended to read:

30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k).

27,1141e Section 1141e. 30.28 (2) (c) of the statutes is repealed.

27,1142 Section 1142 . 30.28 (2r) of the statutes is created to read:

30.28 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or approval.

2. The department verifies that it will be able to comply with the request.

(b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

27,1142m Section 1142m. 30.45 (7) (b) of the statutes is amended to read:

30.45 (7) (b) A sign erected by the state or municipality in charge of a highway, or by a person authorized under s. 86.19 (7).

27,1143 Section 1143 . 30.52 (3m) (b) of the statutes is amended to read:

30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).

27,1144 Section 1144 . 30.541 (3) (d) 2. d. of the statutes is amended to read:

30.541 (3) (d) 2. d. The limit in subd. 2. c. does not apply if the surviving spouse proceeds under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including boats transferred under this subdivision, does not exceed $10,000.

27,1144q Section 1144q. 30.92 (4) (b) 2. of the statutes is amended to read:

30.92 (4) (b) 2. a. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, acquisition, rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section.

c. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if the municipality conducts a boating safety enforcement and education program approved by the department.

27,1144r Section 1144r. 30.92 (4) (b) 2. b. of the statutes is created to read:

30.92 (4) (b) 2. b. The department, with the approval of the commission, may increase the maximum cost-share rate under subd. 2. a. from 50% to 80% if the commission determines that the recreational boating project is a project of statewide or regional significance.

27,1144s Section 1144s. 30.92 (4) (b) 2m. of the statutes is created to read:

30.92 (4) (b) 2m. The qualified lake association or governmental unit that cost-shares under subd. 2. may make its contribution in matching funds or in-kind contributions or both.

27,1145 Section 1145 . 30.92 (4) (b) 8. bn. of the statutes is created to read:

30.92 (4) (b) 8. bn. Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway.

27,1146 Section 1146 . 30.92 (4m) of the statutes is created to read:

30.92 (4m) Lake Superior harbor of refuge. The department, with the approval of the commission, may expend an amount to pay up to 100% of the eligible costs for the construction of a harbor of refuge along the Lake Superior shoreline. Notwithstanding sub. (4) (b) 4., the project costs may include the acquisition of land. Notwithstanding sub. (4) (a), the department may expend directly the amount authorized under this subsection even though Lake Superior is not an inland lake without a public access facility. Notwithstanding sub. (4) (b) 2., the department need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). The amount expended under this subsection shall be considered an expenditure for a Great Lakes project. This project need not be placed on the priority list under sub. (3) (a).

27,1146d Section 1146d. 30.92 (4t) of the statutes is created to read:

30.92 (4t) Linnie Lac Dam . Of the amounts appropriated under s. 20.370 (5) (cq) and before applying the percentages under sub. (4) (b) 6., the department shall provide to the Linnie Lac Management District the amount that is necessary for the repair, removal or reconstruction of the Linnie Lac Dam, but the amount shall not exceed $250,000. The Linnie Lac Management District need not assume ownership of the Linnie Lac Dam and, notwithstanding sub. (4) (b) 2., the Linnie Lac Management District need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). Notwithstanding sub. (1) (c), the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this section. This project need not be placed on the priority list under sub. (3) (a).

27,1146g Section 1146g. 30.92 (5) of the statutes is renumbered 30.92 (5) (a).

27,1146h Section 1146h. 30.92 (5) (b) of the statutes is created to read:

30.92 (5) (b) For purposes of sub. (4) (b) 2. b., the department shall promulgate rules to be used to determine whether a recreational boating project is a recreational boating project of statewide or regional significance.

27,1147 Section 1147 . 30.94 (6m) of the statutes is amended to read:

30.94 (6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (5) (hu) (9) (ju) to the commission for the management, operation, restoration and repair of the Fox River navigational system if Brown County, Calumet County, Fond du Lac County, Outagamie County and Winnebago County contribute matching funds for the management and operation of the Fox River navigational system.

27,1147f Section 1147f. 31.385 (2) (ag) of the statutes is created to read:

31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove dams that are less than 15 feet wide and that create impoundments of 50 acre-feet of water or less. A project under this paragraph may include restoring the stream or river that was dammed.

27,1147g Section 1147g. 31.385 (2) (ar) of the statutes is created to read:

31.385 (2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL), at least $100,000 shall be used for the removal of abandoned dams.

27,1148 Section 1148. 31.39 (2r) of the statutes is created to read:

31.39 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit promulgated under par. (b) for that type of permit or approval.

2. The department verifies that it will be able to comply with the request.

27,1148p Section 1148p. 33.001 (2) (b) of the statutes is amended to read:

33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by districts and, the Dane county lakes and watershed commission and the Southeastern Wisconsin Fox River commission of planning and plan implementation are necessary and desirable and that the districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.

27,1148q Section 1148q. 33.01 (1r) of the statutes is repealed.

27,1148r Section 1148r. Subchapter II of chapter 33 [precedes 33.05] of the statutes is repealed.

27,1148t Section 1148t. Subchapter VI of chapter 33 [precedes 33.53] of the statutes is created to read:

chapter 33

subchapter vi
SOUTHEASTERN WISCONSIN
Fox River commission

33.53 Definitions. In this subchapter:

(1) “Board of commissioners" means the board of commissioners of the commission.

(2) “Commission" means the Southeastern Wisconsin Fox River commission created under s. 33.54 (1).

(3) “Commissioner" means a member of the board of commissioners.

(4) “County" means Racine County or Waukesha County.

(5) “County board" means the county board of a county.

(6) “Municipality" means any city, village or town.

(7) “River municipality" means any of the following municipalities that is located in a county:

(a) The city of Waukesha.

(b) The town of Waukesha.

(d) The town of Waterford.

(e) The village of Big Bend.

(f) The town of Vernon.

(g) The town of Mukwonago.

(h) The village of Mukwonago.

(8) “Surface waters" include surface water in drainage ditches.

33.54 Creation, funding. (1) There is created a Southeastern Wisconsin Fox River commission for the Illinois Fox River basin. For the purposes of this subchapter, the Illinois Fox River basin extends from the northern boundary of the city of Waukesha downstream to the point immediately below the Waterford Dam. The board of commissioners shall govern the commission. A county or river municipality may appropriate money to the commission. The commission, a county or a river municipality may solicit gifts, grants and other aid for the commission to enable the commission to perform the functions in this subchapter.

(2) The department shall set aside in fiscal year 1997-98, from the appropriation under s. 20.370 (5) (cq), $300,000 to enable the commission to carry out its projects, plans and responsibilities under this subchapter.

33.55 Board of commissioners; composition. (1) The board of commissioners shall consist of the following persons, all of whom shall be residents of the county:

(a) The county executive of Racine County or his or her designee.

(b) The county executive of Waukesha County or his or her designee.

(d) The town board chairperson of the town of Waukesha or his or her designee.

(e) The village president of the village of Waterford or his or her designee.

(f) The town board chairperson of the town of Waterford or his or her designee.

(g) The village president of the village of Big Bend or his or her designee.

(h) The town board chairperson of the town of Vernon or his or her designee.

(i) The town board chairperson of the town of Mukwonago or his or her designee.

(j) The village president of the village of Mukwonago or his or her designee.

(k) Two residents of the town of Waterford, who shall be appointed by the town board.

(L) Two residents of the town of Vernon, who shall be appointed by the town board.

(m) One resident of the village of Big Bend, who shall be appointed by the village board.

(n) One nonvoting representative from the southeastern Wisconsin regional planning commission, who shall be appointed by the chairperson of the commission.

(o) One nonvoting representative from the department of natural resources, who shall be appointed by the secretary of natural resources.

(2) (a) If a commissioner listed under sub. (1) (a) to (j) is an elected official, his or her term on the commission runs concurrently with his or her term in office. If the elected official resigns from the commission during his or her term in office, the elected official shall appoint a designee to take his or her place on the commission within 90 days of his or her resignation.

(b) If a commissioner listed under sub. (1) (a) to (j) is appointed to the commission by an elected official, as the designee of an elected official, his or her term on the commission begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the designee of an elected official shall be filled within 90 days of the vacancy by another designee who is appointed by the elected official, or the elected official may become the commissioner.

(c) The term of a commissioner appointed by a town or village board under sub. (1) (k) to (m) begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 2nd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the appointee shall be filled by the town or village board within 90 days of the vacancy.

(d) The term of a commissioner appointed under sub. (1) (n) or (o) begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the appointee shall be filled by the appointing authority within 90 days of the vacancy.

(3) Nine commissioners shall constitute a quorum for the transaction of business.