Wisconsin Legislature: 9,110q

(b) From the air quality improvement fund, award grants to eligible electric providers to be used for the purpose of complying with requirements under state or federal law to reduce nitrogen oxide emissions in the midcontinent area of this state pursuant to a state implementation plan. An eligible electric provider that is a public utility may receive no more than $500,000 per year in grants under this paragraph.

(c) Promulgate rules for awarding grants under par. (b). The rules shall require an applicant for a grant to identify the reduction in nitrogen oxide emissions that the applicant is capable of achieving with the grant.

(3) An eligible electric provider that is awarded a grant under sub. (2) (b) may assign the grant to a 3rd party if the 3rd party uses the grant for the purpose of reducing nitrogen oxide emissions and the eligible electric provider demonstrates to the satisfaction of the department of administration that the 3rd party is capable of achieving the reduction in nitrogen oxide emissions identified in the eligible electric provider's application for the grant.

9,110 Section 110. 16.964 (6) of the statutes is created to read:

16.964 (6) (a) In this subsection, "tribe" means a federally recognized American Indian tribe or band in this state.

(b) From the appropriation under s. 20.505 (6) (ks), the office shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the office that includes a proposed plan for expenditure of the grant moneys. The office shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (c). The office shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

(c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

9,110j Section 110j. 16.964 (7) of the statutes is created to read:

16.964 (7) (a) From the appropriation under s. 20.505 (6) (kq), the office shall provide grants to counties to fund county law enforcement services. The office may make a grant to a county under this subsection only if all of the following apply:

1. The county borders one or more federally recognized Indian reservations.

2. The county has not established a cooperative county-tribal law enforcement program under s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.

3. The county demonstrates a need for the law enforcement services to be funded with the grant.

4. The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.

(b) The office shall review an application and plan submitted under par. (a) 4. to determine if the application and plan meet the requirements of par. (a) 1. to 3. and the criteria established under par. (c). The office may not award an annual grant in excess of $50,000 to any county under this subsection.

9,110k Section 110k. 16.964 (8) of the statutes is created to read:

16.964 (8) From the appropriation under s. 20.505 (6) (ks), the office shall make the following grants:

(a) To the Stockbridge-Munsee Indian tribe, $175,000 in each fiscal year for a public safety initiative.

(b) To the St. Croix Chippewa Indian tribe, $150,000 in each fiscal year to develop law enforcement capabilities on the reservation and trust lands of the tribe.

(c) To the Lac Courte Oreilles Chippewa Indian tribe, $125,000 in each fiscal year to develop law enforcement capabilities on the reservation and trust lands of the tribe.

9,110m Section 110m. 16.965 (title), (1) and (2) of the statutes are created to read:

16.965 (title) Planning grants to local governmental units. (1) In this section:

(a) "Local governmental unit" means a county, city, village, town or regional planning commission.

(b) "Smart growth area" means an area that will enable the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable, or that will encourage efficient development patterns that are both contiguous to existing development and at densities which have relatively low municipal, state governmental and utility costs.

(2) From the appropriation under s. 20.505 (1) (cm), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in s. 66.0295 (2).

9,110n Section 110n. 16.965 (title), (1) and (2) of the statutes, as created by 1999 Wisconsin Act .... (this act), are repealed.

9,110no Section 110no. 16.965 (3) of the statutes is created to read:

16.965 (3) Prior to awarding a grant to a local governmental unit under sub. (2), the department shall forward a statement of the expenditures proposed to be made under the grant to the Wisconsin land council for its written approval. The council may approve or disapprove any proposed grant.

9,110p Section 110p. 16.965 (3) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,110q Section 110q. 16.965 (4) of the statutes is created to read:

16.965 (4) In determining whether to approve a proposed grant, greater precedence shall be accorded to applications of local governmental units that contain all of the following elements:

(a) Planning efforts that address the interests of overlapping or neighboring jurisdictions.

(b) Planning efforts that contain a specific description of the means by which all of the following local, comprehensive planning goals will be achieved:

1. Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.

2. Encouragement of neighborhood designs that support a range of transportation choices.

3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.

4. Protection of economically productive areas, including farmland and forests.

5. Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.

6. Preservation of cultural, historic and archaeological sites.

7. Encouragement of coordination and cooperation among nearby units of government.

8. Building of community identity by revitalizing main streets and enforcing design standards.

9. Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.

10. Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.

11. Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.

12. Balancing individual property rights with community interests and goals.

13. Planning and development of land uses that create or preserve varied and unique urban and rural communities.

14. Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.

(d) Planning efforts, including subsequent updates and amendments, that include development of implementing ordinances, including ordinances pertaining to zoning, subdivisions and land division.

(e) Planning efforts for which completion is contemplated within 30 months of the date on which a grant would be awarded.

(f) Planning efforts that provide opportunities for public participation throughout the planning process.

9,110r Section 110r. 16.965 (4) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,110s Section 110s. 16.965 (5) of the statutes is created to read:

16.965 (5) The Wisconsin land council may promulgate rules specifying the methodology whereby precedence will be accorded to applications in awarding grants under sub. (2).

9,110t Section 110t. 16.965 (5) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,110w Section 110w. 16.9651 of the statutes is created to read:

16.9651 Transportation planning grants to local governmental units. (1) In this section, "local governmental unit" means a county, city, village, town or regional planning commission.

(2) From the appropriation under s. 20.505 (1) (z), the department may provide grants to local governmental units to be used to finance the cost of planning activities related to the transportation element, as described in s. 66.0295 (2) (c), of a comprehensive plan, as defined in s. 66.0295 (1) (a), including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department may require any local governmental unit that receives a grant under this section to finance not more than 25% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. Prior to awarding a grant under this section, the department shall forward a detailed statement of the proposed expenditures to be made under the grant to the secretary of transportation and obtain his or her written approval of the proposed expenditures.

9,114m Section 114m. 16.967 (11) of the statutes is created to read:

16.967 (11) Soil surveys and mapping. (a) The board may conduct soil surveys and soil mapping activities. The board may assess any state agency for any amount that the board determines to be required to conduct soil surveys and soil mapping activities. For this purpose, the board may assess state agencies on a premium basis and pay costs incurred on an actual basis. The board shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kt).

(b) The board may contract with the board of commissioners of public lands to perform soil surveys and soil mapping activities on lands under the jurisdiction of the board of commissioners of public lands.

9,114n Section 114n. 16.967 (11) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,114nm Section 114nm. 16.969 of the statutes is created to read:

16.969 Fees for certain high-voltage transmission lines. (1) In this section:

(a) "Commission" means the public service commission.

(b) "High-voltage transmission line" means a high-voltage transmission line, as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of 345 kilovolts or more.

(2) The department shall promulgate rules that require a person who is issued a certificate of public convenience and necessity by the commission under s. 196.491 (3) for a high-voltage transmission line to pay the department the following fees:

(a) An annual impact fee in an amount equal to 0.3% of the cost of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

(b) A one-time environmental impact fee in an amount equal to 5% of the cost of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

(3) (a) The department shall distribute the fees that are paid by a person under the rules promulgated under sub. (2) (a) to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

(b) The fee that is paid by a person under the rules promulgated under sub. (2) (b) shall be distributed as follows:

1. The department shall pay 50% of the fee to each county that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such county.

2. The department shall pay 50% of the fee to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

(4) A county, town, village or city that receives a distribution under sub. (3) (b) may use the distribution only for park, conservancy, wetland or other similar environmental programs.

9,114p Section 114p. 16.971 (5) of the statutes is repealed.

9,115 Section 115. 16.971 (9) of the statutes is amended to read:

16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (ja) and, (kp) and (kq) . When acting under this subsection, the division shall give priority to assisting counties that show the greatest need for additional assistant district attorney positions based on a weighted prosecutor caseload measurement formula developed by the state prosecutors office in the department of administration, unless such a county informs the division that it does not want to be given priority in receiving assistance. The division shall annually report to the legislature under s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.

9,116 Section 116. 16.974 (7) of the statutes is amended to read:

16.974 (7) (a) Subject to s. 196.218 (4r) (f), coordinate Coordinate with the technology for educational achievement in Wisconsin board to provide school districts, and cooperative educational service agencies and technical college districts with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.

(b) Coordinate Subject to s. 44.73 (5), coordinate with the technology for educational achievement in Wisconsin board to provide private colleges and, technical college districts, public library boards and public library systems with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.

(c) Coordinate with the technology for educational achievement in Wisconsin board to provide private schools with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.

9,117 Section 117. 16.974 (7) (d) of the statutes is created to read:

16.974 (7) (d) Coordinate with the technology for educational achievement in Wisconsin board to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School for the Deaf with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.

9,117m Section 117m. 16.98 (4) of the statutes is created to read:

16.98 (4) From the appropriation under s. 20.505 (1) (fo), the department may provide grants to any organization with which the department contracts to operate the program under sub. (1).

9,118 Section 118. 17.13 (intro.) of the statutes is amended to read:

17.13 Removal of village, town, town sanitary district, school district and, technical college and family care district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts and, technical college districts and family care districts may be removed as follows:

9,119 Section 119. 17.13 (4) of the statutes is created to read:

17.13 (4) Appointive officers of a family care district. Any member of a family care district board appointed under s. 46.2895 (3) (a) 1., by the appointing authority for cause.