Amendment SSA1-SB629

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 629

February 3, 2022 - Offered by Senator Feyen.

SB629-SSA1,1,2 An Act to create 238.137 of the statutes; relating to: a shovel-ready workforce housing development site program.

Analysis by the Legislative Reference Bureau

This bill requires the Wisconsin Economic Development Corporation to implement a program under which it must certify residential real estate developments or prospective developments as shovel-ready. Under the bill, a site is eligible for certification if all of the following apply:

1. The city, village, town, or county in which the site is located applies to WEDC for certification of the site as shovel ready and the city, village, town, or county has passed an ordinance or resolution authorizing that application.

2. The site is zoned for residential development and has clear title.

3. The residential development, or prospective residential development, includes at least 20 new single-family dwelling units, each of which is on a lot that is no larger than one-quarter acre, or includes a multifamily dwelling that has at least 16 dwelling units with at least 16 dwelling units per acre.

4. Any preliminary environmental assessments of the site are complete.

5. Site maps, including a U.S. geological survey topographical map, and aerial photographs are complete.

6. Sufficient planning, surveys, title work, and soil analyses for the site are complete.

7. Public utilities and infrastructure are in place.

8. Any appropriate site studies, including a wetland delineation study, are complete.

9. The county in which the site is located determines that the development fee for the project, excluding fees for sewer and water utilities, will not exceed $5,000 per dwelling unit.

10. All required permits are in place or will be in place no later than 60 days after WEDC certifies the site as shovel-ready.

The bill also requires local governmental units and executive branch state agencies to give priority to, and use all reasonable means to expedite, permits required for sites certified as shovel-ready. Finally, the bill requires the applicable local governmental unit to conduct a site needs assessment with respect to sewer and water utilities and to provide that assessment to the site developer.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB629-SSA1,1 Section 1. 238.137 of the statutes is created to read:

SB629-SSA1,2,3 238.137 Shovel-ready workforce development site program. (1) Definitions. In this section:

SB629-SSA1,2,9 (a) “Development fee” means the per-dwelling unit fee charged based on all fees imposed by all local governmental units and state agencies with authority to charge such a fee related to the development of a site, including fees related to permits, review studies, impact studies, and storm water management, and impact fees, as defined in s. 66.0617 (1) (c), but excluding fees related to sewer and water utilities.

SB629-SSA1,2,13 (b) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

SB629-SSA1,2,15 (c) “Permit" means any approval of a state agency or local governmental unit required as a condition of making improvements to real property.

SB629-SSA1,3,1 (d) “Political subdivision” means a city, village, town, or county.

SB629-SSA1,3,3 (e) “Site" means real property that is the subject of residential development, or prospective residential development, that satisfies any of the following:

SB629-SSA1,3,5 1. The development includes at least 20 new single-family dwelling units, each of which is on a lot that is no larger than one-quarter acre.

SB629-SSA1,3,7 2. The development includes a multifamily dwelling that has at least 16 dwelling units with at least 16 dwelling units per acre.

SB629-SSA1,3,10 (f) “State agency" means any office, department, independent agency, board, commission, committee, or other body created within the executive branch of state government.

SB629-SSA1,3,12 (2) Shovel-ready site certification. (a) The corporation shall implement a program under which the corporation shall certify sites as shovel-ready.

SB629-SSA1,3,13 (b) A site is eligible for certification as shovel-ready if all of the following apply:

SB629-SSA1,3,17 1. The political subdivision in which the site is located applies to the corporation for certification of the site as shovel ready and the governing body of the political subdivision has passed an ordinance or resolution authorizing that application.

SB629-SSA1,3,18 2. The site is zoned for residential development and has clear title.

SB629-SSA1,3,19 3. Any preliminary environmental assessments of the site are complete.

SB629-SSA1,3,21 4. Site maps, including a U.S. geological survey topographical map, and aerial photographs are complete.

SB629-SSA1,3,23 5. Sufficient planning, surveys, title work, and soil analyses for the site are complete.

SB629-SSA1,3,24 6. Public utilities and infrastructure are in place for development of the site.

SB629-SSA1,4,2 7. Any appropriate site studies, including a wetland delineation study, are complete.

SB629-SSA1,4,4 8. The county in which the site is located determines that the total development fee will not exceed $5,000 per dwelling unit.

SB629-SSA1,4,6 9. All required permits are in place or will be in place no later than 60 days after the site is certified under this section.

SB629-SSA1,4,10 (3) Expedited permits; needs assessment. (a) Each state agency or local governmental unit that is authorized to grant a permit for a site the corporation certifies as shovel-ready under this section shall give priority to, and use all reasonable means to expedite, that permit.

SB629-SSA1,4,14 (b) For each site the corporation certifies as shovel-ready under this section, the applicable local governmental unit shall conduct a needs assessment similar to that conducted under s. 66.0617 (4), but with respect to sewer and water utilities needs for the development, and shall provide the needs assessment to the developer.

SB629-SSA1,4,15 (End)