Amendment ASA1-AB100

AB100-ASA1,1697,17 560.06 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.

AB100-ASA1, s. 4349d Section 4349d. 560.09 (5) of the statutes is repealed.

AB100-ASA1, s. 2967 Section 2967. 560.13 of the statutes is created to read:

AB100-ASA1,1697,20 560.13 Brownfields loan and grant programs. (1) In this section:

AB100-ASA1,1697,23 (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.

AB100-ASA1,1698,3 (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.

AB100-ASA1,1698,6 (c) "Environmental audit" means an investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution.

AB100-ASA1,1698,9 (d) "Environmental remediation activities" means abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.

AB100-ASA1,1698,11 (e) "Local development corporation" means a nonprofit corporation organized under ch. 181 that does all of the following:

AB100-ASA1,1698,12 1. Operates within specific geographic boundaries.

AB100-ASA1,1698,13 2. Promotes economic development within the specific geographic area.

AB100-ASA1,1698,15 3. Demonstrates a commitment to or experience in the redevelopment of brownfields.

AB100-ASA1,1698,16 (f) "Municipality" means a city, village, town or county.

AB100-ASA1,1698,18 (g) "Person" means an individual, partnership, corporation or limited liability company.

AB100-ASA1,1698,23 (2) (a) Subject to subs. (4) and (5), from the appropriations under s. 20.143 (1) (br) and (hm) the department may make a loan to a person, municipality or local development corporation, and from the appropriations under s. 20.143 (1) (hm) and (q) the department may make a grant to a person or municipality, if all of the following apply:

AB100-ASA1,1698,25 1. The recipient uses the loan or grant proceeds for brownfields redevelopment, an environmental audit or associated environmental remediation activities.

AB100-ASA1,1699,5 2. The party responsible for the actual or perceived environmental contamination of the facility or site that is the subject of the project is unknown, cannot be located or is financially unable to pay the cost of brownfields redevelopment, an environmental audit or associated environmental remediation activities.

AB100-ASA1,1699,6 3. The recipient contributes to the cost of the project as provided in par. (b).

AB100-ASA1,1699,9 4. If a loan, the recipient agrees to pursue recovery of the costs of the project from the party responsible for the actual or perceived environmental contamination and to repay the department a proportionate amount of the costs actually recovered.

AB100-ASA1,1699,13 (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.

AB100-ASA1,1699,19 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.

AB100-ASA1,1699,25 3. For a loan 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 loan 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 loan 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.

AB100-ASA1,1700,2 (3) (a) The department shall award loans and grants under this section on the basis of the following criteria:

AB100-ASA1,1700,3 1. The potential of the project to promote economic development in the area.

AB100-ASA1,1700,4 2. Whether the project will have a positive effect on the environment.

AB100-ASA1,1700,5 3. The amount and quality of the recipient's contribution to the project.

AB100-ASA1,1700,7 4. The innovativeness of the recipient's proposal for remediation and redevelopment.

AB100-ASA1,1700,11 (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.

AB100-ASA1,1700,13 (4) (a) From the appropriation under s. 20.143 (1) (q), the department shall award all of the following:

AB100-ASA1,1700,14 1. A total of $750,000 in grants that do not exceed $300,000.

AB100-ASA1,1700,16 2. A total of $1,750,000 in grants that are greater than $300,000 but that do not exceed $700,000.

AB100-ASA1,1700,18 3. A total of $2,500,000 in grants that are greater than $700,000 but that do not exceed $1,250,000.

AB100-ASA1,1700,20 (am) In each fiscal year, from the appropriation under s. 20.143 (1) (br), the department shall award all of the following:

AB100-ASA1,1700,21 1. A total of $750,000 in loans that do not exceed $300,000.

AB100-ASA1,1700,23 2. A total of $1,750,000 in loans that are greater than $300,000 but that do not exceed $700,000.

AB100-ASA1,1700,25 3. A total of $2,500,000 in loans that are greater than $700,000 but that do not exceed $1,250,000.

AB100-ASA1,1701,1 (b) The department may not award a loan or grant that exceeds $1,250,000.

AB100-ASA1,1701,3 (c) The department shall award at least 7 grants and loans, in the aggregate, for projects that are located in municipalities with a population of less than 30,000.

AB100-ASA1,1701,6 (d) The department shall award 75% of the funds appropriated for the fiscal biennium under s. 20.143 (1) (q) in grants for projects that are located in municipalities with a population of less than 500,000.

AB100-ASA1,1701,9 (5) Before the department awards a loan or grant under this section, the department shall consider the recommendations of the department of administration and the department of natural resources.

AB100-ASA1,1701,13 (6) The department shall promulgate rules that establish criteria, within the guidelines under subs. (2) and (3), for awarding loans and grants under this section, including the circumstances under which loan or grant proceeds may be used for assessment services and loan repayment criteria.

AB100-ASA1,1701,17 (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.

AB100-ASA1, s. 2968 Section 2968. 560.135 of the statutes is created to read:

AB100-ASA1,1701,20 560.135 Mining economic development grants and loans. (1) In this section:

AB100-ASA1,1701,21 (a) "Area affected by mining" means an area in which all of the following apply:

AB100-ASA1,1701,23 1. Public and private infrastructure are or were provided to support mining activity.

AB100-ASA1,1701,24 2. Public funds are or were expended for costs associated with mining activity.

AB100-ASA1,1702,3 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.

AB100-ASA1,1702,4 (b) "Board" means the development finance board.

AB100-ASA1,1702,5 (c) "Business" has the meaning given in s. 560.60 (2).

AB100-ASA1,1702,6 (d) "Community-based organization" has the meaning given in s. 560.14 (1) (c).

AB100-ASA1,1702,7 (e) "Local development corporation" means any of the following:

AB100-ASA1,1702,9 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.

AB100-ASA1,1702,10 2. A nonprofit corporation organized under ch. 181 that does all of the following:

AB100-ASA1,1702,11 a. Operates within specific geographic boundaries.

AB100-ASA1,1702,12 b. Promotes the economic development within the specific geographic area.

AB100-ASA1,1702,13 (f) "Mining" means metallic mineral mining.

AB100-ASA1,1702,16 (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:

AB100-ASA1,1702,18 (a) A business, to finance costs associated with start-up, maintenance or expansion in an area affected by mining.

AB100-ASA1,1702,19 (b) A city, village, town or county, to develop an economic diversification plan.

AB100-ASA1,1702,22 (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.

AB100-ASA1,1702,25 (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.

AB100-ASA1,1703,4 (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.

AB100-ASA1,1703,6 (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.

AB100-ASA1,1703,8 (4) (a) The board may not award a grant or loan under sub. (2) (a), (b) or (d) that exceeds $100,000.

AB100-ASA1,1703,10 (b) The board may not award a grant or loan under sub. (2) (c) that exceeds $200,000.

AB100-ASA1,1703,12 (c) The board may not award a grant or loan under sub. (2) (e) that exceeds $15,000.

AB100-ASA1,1703,14 (5) In awarding grants and loans under sub. (2), the board shall consider all of the following:

AB100-ASA1,1703,15 (a) The factors under s. 560.605 (2) (a) to (e).

AB100-ASA1,1703,17 (b) Whether the project will be located in a targeted area, as determined by the board after considering the factors under s. 560.605 (2m) (a) to (h).

AB100-ASA1,1703,20 (c) The extent to which the business or other entity assisted by the project is likely to provide stable, long-term employment opportunities to reduce the dependence of the area on mining.

AB100-ASA1,1703,22 (6) From the appropriations under s. 20.143 (1) (if) and (r), the department shall make grants and loans awarded by the board under sub. (2).

AB100-ASA1,1704,3 (7) The department, with the approval of the board, shall promulgate rules establishing policies and standards for awarding grants and loans under sub. (2), consistent with policies and standards established under the rules required under s. 560.602. The department shall promulgate rules regarding the application processes for grants and loans under sub. (2) and for loans made from revolving loan funds established with proceeds awarded under sub. (2) (c).

AB100-ASA1, s. 2969 Section 2969. 560.14 (1) (ar) of the statutes is created to read:

AB100-ASA1,1704,5 560.14 (1) (ar) "Brownfields" has the meaning given in s. 560.60 (1v).

AB100-ASA1, s. 4353m Section 4353m. 560.14 (1) (fm) of the statutes is created to read:

AB100-ASA1,1704,8 560.14 (1) (fm) "Small business" means a business that has fewer than 100 full-time employes.

AB100-ASA1, s. 2970 Section 2970. 560.14 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1,1704,13 560.14 (2) (a) 1. Enable a community-based organization or a political subdivision receiving a grant to develop a plan for diversifying its the local or regional economy, attracting new businesses and jobs and promoting economic development.

AB100-ASA1, s. 2971 Section 2971. 560.14 (2) (c) (intro.) of the statutes is renumbered 560.14 (2) (c) and amended to read:

AB100-ASA1,1704,17 560.14 (2) (c) An individual grant under this subsection may not exceed whichever of the following applies: $30,000.

AB100-ASA1, s. 2972 Section 2972. 560.14 (2) (c) 1. of the statutes is repealed.

AB100-ASA1, s. 2973 Section 2973. 560.14 (2) (c) 2. of the statutes is repealed.

AB100-ASA1, s. 4357m Section 4357m. 560.14 (3m) of the statutes is created to read:

AB100-ASA1,1704,24 560.14 (3m) The department may make a grant from the appropriation under s. 20.143 (1) (fg) to a community-based organization for the purpose of creating a revolving loan fund for making loans to small businesses. The department shall promulgate rules for the administration of the program under this subsection.

AB100-ASA1, s. 4357r Section 4357r. 560.14 (3r) of the statutes is created to read:

AB100-ASA1,1705,4 560.14 (3r) (a) The department may make a grant from the appropriation under s. 20.143 (1) (fg) to a private, nonprofit foundation, including the National Foundation for Teaching Entrepreneurship to Handicapped and Disadvantaged Youth, or other private, nonprofit organizations if all of the following apply:

AB100-ASA1,1705,6 1. The foundation or organization teaches business skills to economically disadvantaged or socially at-risk children.

AB100-ASA1,1705,9 2. The grant proceeds will be used for costs associated with teaching the skills and developing the knowledge necessary to start and maintain a business enterprise.