SB70-AA12,15,16
16“
Section
1. 23.09 (2) (d) (intro.) of the statutes is amended to read:
SB70-AA12,15,2317
23.09
(2) (d)
Lands, acquisition. (intro.) Acquire by purchase, lease or
18agreement, and receive by gifts or devise, lands or waters suitable for the purposes
19enumerated in this paragraph, and maintain such lands and waters for such
20purposes; and
, except for the purpose specified under subd. 12., may condemn lands
21or waters suitable for such purposes after obtaining approval of the appropriate
22standing committees of each house of the legislature as determined by the presiding
23officer thereof:
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24Section
2. 27.01 (2) (a) of the statutes is amended to read:
SB70-AA12,16,7
127.01
(2) (a) Acquire by purchase, lease or agreement lands or waters suitable
2for state park purposes and may acquire such lands and waters by condemnation
3after obtaining approval of the senate and assembly committees on natural
4resources.
The power of condemnation may not be used for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a).
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8Section
3. 27.019 (10) of the statutes is amended to read:
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27.019
(10) Acquisition of land. Any county in which there does not exist a
10county park commission acting through its rural planning committee may acquire
11by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
12consent of the county board, a sufficient tract or tracts of land for the reservation for
13public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
14places of special historic interest, memorial grounds, parks, playgrounds, sites for
15public buildings, and reservations in and about and along and leading to any or all
16of the same, and to develop and maintain the same for public use.
The power of
17condemnation may not be used for the purpose of establishing or extending a
18recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
19in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
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20Section
4. 27.05 (3) of the statutes is amended to read:
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27.05
(3) Acquire, in the name of the county, by purchase, land contract, lease,
22condemnation, or otherwise, with the approval and consent of the county board, such
23tracts of land or public ways as it deems suitable for park purposes; including lands
24in any other county not more than three-fourths of a mile from the county line; but
25no land so acquired shall be disposed of by the county without the consent of said
1commission, and all moneys received for any such lands, or any materials, so
2disposed of, shall be paid into the county park fund hereinafter established.
The
3power of condemnation may not be used for the purpose of establishing or extending
4a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
5defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
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6Section
5. 27.065 (1) (a) of the statutes is amended to read:
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27.065
(1) (a) The county board of any county which shall have adopted a
8county system of parks or a county system of streets and parkways, pursuant to s.
927.04, may acquire the lands necessary for carrying out all or part of such plan by
10gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
11acquired by condemnation unless and until the common council of the city or the
12board of trustees of the village or the board of supervisors of the town wherein such
13land is situated shall consent thereto.
The power of condemnation may not be used
14for the purpose of establishing or extending a recreational trail; a bicycle way, as
15defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
16way, as defined in s. 346.02 (8) (a). The cost of acquiring such lands by purchase or
17condemnation may be paid in whole or in part by the county or by the property to be
18benefited thereby, as the county board shall direct but in no case shall the amount
19assessed to any parcel of real estate exceed the benefits accruing thereto; provided,
20that no assessment for paying the cost of acquiring lands may be levied or collected
21against the property to be benefited until the governing body of the city, village or
22town where such lands are located has by resolution determined that the public
23welfare will be promoted thereby. Title to all lands acquired hereunder shall be an
24estate in fee simple.
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25Section
6. 27.08 (2) (b) of the statutes is amended to read:
SB70-AA12,18,13
127.08
(2) (b) To acquire in the name of the city for park, parkway, boulevard or
2pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
3or in trust, money, real or personal property, or any incorporeal right or privilege
;
4except that no lands may be acquired by condemnation for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a). Gifts to any city of money or other property, real or personal, either
8absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
9be accepted only after they shall have been recommended by the board to the common
10council and approved by said council by resolution. Subject to the approval of the
11common council the board may execute every trust imposed upon the use of property
12or property rights by the deed, testament or other conveyance transferring the title
13of such property to the city for park, parkway, boulevard or pleasure drive purposes.
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14Section
7. 27.08 (2) (c) of the statutes is amended to read:
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27.08
(2) (c) Subject to the approval of the common council to buy or lease lands
16in the name of the city for park, parkway, boulevard or pleasure drive purposes
17within or without the city and, with the approval of the common council, to sell or
18exchange property no longer required for its purposes. Every city is authorized, upon
19recommendation of its officers, board or body having the control and management
20of its public parks, to acquire by condemnation in the name of the city such lands
21within or without its corporate boundaries as it may need for public parks, parkways,
22boulevards and pleasure drives.
The power of condemnation may not be used for the
23purpose of establishing or extending a recreational trail; a bicycle way, as defined in
24s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
25defined in s. 346.02 (8) (a).
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1Section
8. 32.015 of the statutes is repealed.
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2Section
9. 32.51 (1) (intro.) of the statutes is amended to read:
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32.51
(1) Purposes. (intro.) In addition to the powers granted under subch. I
4and subject to the limitations under s. 32.015, any city may condemn or otherwise
5acquire property under this subchapter for:
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6Section
10. 59.52 (6) (a) of the statutes is amended to read:
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59.52
(6) (a)
How acquired; purposes. Take and hold land acquired under ch.
875 and acquire, lease or rent property, real and personal, for public uses or purposes
9of any nature, including without limitation acquisitions for county buildings,
10airports, parks, recreation, highways, dam sites in parks, parkways and
11playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
12for operation under s. 59.70 (24), equipment for clearing and draining land and
13controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
14transfer of real property to the state for new collegiate institutions or research
15facilities, and for transfer to the state for state parks and for the uses and purposes
16specified in s. 23.09 (2) (d).
The power of condemnation may not be used to acquire
17property for the purpose of establishing or extending a recreational trail; a bicycle
18way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
19pedestrian way, as defined in s. 346.02 (8) (a).
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20Section
11. 60.782 (2) (d) of the statutes is amended to read:
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60.782
(2) (d) Lease or acquire, including by condemnation, any real property
22situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
23or 30.275 (4).
The power of condemnation may not used to acquire property for the
24purpose of establishing or extending a recreational trail; a bicycle way, as defined in
1s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
2defined in s. 346.02 (8) (a).
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3Section
12. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended
4to read:
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61.34
(3) Acquisition and disposal of property. Except as provided in par. (b),
6the The village board may acquire property, real or personal, within or outside the
7village, for parks, libraries, recreation, beautification, streets, water systems,
8sewage or waste disposal, harbors, improvement of watercourses, public grounds,
9vehicle parking areas, and for any other public purpose; may acquire real property
10within or contiguous to the village, by means other than condemnation, for industrial
11sites; may improve and beautify the same; may construct, own, lease and maintain
12buildings on such property for instruction, recreation, amusement and other public
13purposes; and may sell and convey such property. Condemnation shall be as
14provided by ch. 32.
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15Section
13. 61.34 (3) (b) of the statutes is repealed.
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16Section
14. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended
17to read:
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62.22
(1) Purposes. Except as provided in par. (b), the The governing body of
19any city may by gift, purchase or condemnation acquire property, real or personal,
20within or outside the city, for parks, recreation, water systems, sewage or waste
21disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
22any other public purpose; may acquire real property within or contiguous to the city,
23by means other than condemnation, for industrial sites; may improve and beautify
24the same; may construct, own, lease and maintain buildings on such property for
1public purposes; and may sell and convey such property. The power of condemnation
2for any such purpose shall be as provided by ch. 32.
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3Section
15. 62.22 (1) (b) of the statutes is repealed.
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4Section
16. 62.23 (17) (a) (intro.) of the statutes is amended to read:
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62.23
(17) (a) (intro.)
Except as provided in par. (am), cities Cities may acquire
6by gift, lease, purchase, or condemnation any lands within its corporate limits for
7establishing, laying out, widening, enlarging, extending, and maintaining memorial
8grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
9buildings, and reservations in and about and along and leading to any or all of the
10same or any lands adjoining or near to such city for use, sublease, or sale for any of
11the following purposes:
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12Section
17. 62.23 (17) (am) of the statutes is repealed.
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13Section
18. 85.09 (2) (a) of the statutes is amended to read:
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85.09
(2) (a) The department of transportation shall have the first right to
15acquire, for present or future transportational or recreational purposes, any
16property used in operating a railroad or railway, including land and rails, ties,
17switches, trestles, bridges, and the like located on that property, that has been
18abandoned. The department of transportation may, in connection with abandoned
19rail property, assign this right to a state agency, the board of regents of the University
20of Wisconsin System, any county or municipality, or any transit commission.
21Acquisition by the department of transportation may be by gift, purchase, or
22condemnation in accordance with the procedure under s. 32.05
, except that the power
23of condemnation may not be used to acquire property for the purpose of establishing
24or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle
25lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
1In addition to its property management authority under s. 85.15, the department of
2transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
3lease and collect rents and fees for any use of rail property pending discharge of the
4department's duty to convey property that is not necessary for a public purpose. No
5person owning abandoned rail property, including any person to whom ownership
6reverts upon abandonment, may convey or dispose of any abandoned rail property
7without first obtaining a written release from the department of transportation
8indicating that the first right of acquisition under this subsection will not be
9exercised or assigned. No railroad or railway may convey any rail property prior to
10abandonment if the rail property is part of a rail line shown on the railroad's system
11map as in the process of abandonment, expected to be abandoned, or under study for
12possible abandonment unless the conveyance or disposal is for the purpose of
13providing continued rail service under another company or agency. Any conveyance
14made without obtaining such release is void. The first right of acquisition of the
15department of transportation under this subsection does not apply to any rail
16property declared by the department to be abandoned before January 1, 1977. The
17department of transportation may acquire any abandoned rail property under this
18section regardless of the date of its abandonment.
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19Section
19. 990.01 (2) of the statutes is amended to read:
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990.01
(2) Acquire. “Acquire," when used in connection with a grant of power
21to any person, includes the acquisition by purchase, grant, gift or bequest. It includes
22the power to condemn
only in the cases specified in s. 32.02
and subject to the
23limitations under s. 32.015.
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1(1)
Condemnation authority for nonmotorized paths. The treatment of ss.
223.09 (2) (d) (intro.), 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) (b)
3and (c), 32.015, 32.51 (1) (intro.), 59.52 (6) (a), 60.782 (2) (d), 61.34 (3) (a) and (b),
462.22 (1) (a) and (b), 62.23 (17) (a) (intro.) and (am), 85.09 (2) (a), and 990.01 (2) first
5applies to condemnation proceedings in which title to the subject property has not
6vested in the condemnor on the effective date of this subsection.”.
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10Section
21. 20.370 (4) (mq) of the statutes is amended to read:
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20.370
(4) (mq)
General program operations — environmental fund. From the
12environmental fund, the amounts in the schedule for administration of
13environmental activities under
subch. II of ch. 295 and chs. 160, 281, 283, 285,
and 14289 to
293, and 299.
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15Section
22. 20.370 (9) (gj) of the statutes is created to read:
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20.370
(9) (gj)
Nonmetallic mining operations. From the general fund, all
17moneys received under s. 295.15 for the administration of the nonmetallic mining
18program under subch. I of ch. 295.
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19Section
23. 25.46 (1) (rr) of the statutes is repealed.”.
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1“
Section
24. 20.005 (3) (schedule) of the statutes: at the appropriate place,
2insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB70-AA12,25
3Section
25. 20.115 (3) (e) of the statutes is created to read:
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20.115
(3) (e)
Food waste reduction grants. The amounts in the schedule for
5providing food waste reduction grants under s. 93.53.
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6Section
26. 93.53 of the statutes is created to read:
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793.53 Food waste reduction grants.
(1) The department shall provide
8grants for food waste reduction pilot projects that have an objective of preventing
9food waste, redirecting surplus food to hunger relief organizations, and composting
10food waste. In awarding grants under this section, the department shall give
11preference to proposals that serve census tracts for which the median household
12income is below the statewide median household income and in which no grocery
13store is located.
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14(2) The department shall promulgate rules for the administration of this
15section.”.
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17“
Section
27. 15.105 (34) of the statutes is created to read:
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15.105
(34) Office of environmental justice. There is created in the
19department of administration an office of environmental justice. The office shall be
1under the direction and supervision of a director, who shall be appointed by the
2secretary of administration to serve at the pleasure of the secretary.
SB70-AA12,28
3Section
28. 15.105 (35) of the statutes is created to read:
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15.105
(35) Office of sustainability and clean energy. There is created in the
5department of administration an office to be known as the office of sustainability and
6clean energy.
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7Section
29. 16.035 of the statutes is created to read:
SB70-AA12,25,9
816.035 Office of environmental justice. The office of environmental justice
9shall do all of the following:
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10(1) Develop a statewide climate risk assessment and resiliency plan.
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11(2) Assist state agencies, local governments, and federally recognized tribal
12governing bodies in this state with the development of climate risk assessment and
13resiliency plans.
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14(3) Administer a climate risk assessment and resiliency plan technical
15assistance grant program.
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16(4) Collaborate with state agencies and entities that serve vulnerable
17communities to address the impact of climate change on vulnerable communities.
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18(5) Analyze grant opportunities and enforcement of environmental laws and
19regulations and, based on those analyses and input from residents of this state,
20advise and provide guidance to state entities on environmental justice and related
21community issues to address environmental issues and concerns that affect
22primarily low income and minority communities.
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23(6) Based on the analyses required under sub. (5), create an annual report on
24issues, concerns, and problems related to environmental justice, including
1addressing areas of this state that have environmental justice issues that require
2immediate attention.
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3Section
30. 16.954 of the statutes is created to read:
SB70-AA12,26,5
416.954 Office of sustainability and clean energy. (1) Definitions. In this
5section:
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(a) “Office” means the office of sustainability and clean energy.
SB70-AA12,26,77
(b) “Public utility” has the meaning given in s. 196.01 (5).
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8(2) Initiatives. The office shall work on initiatives that have the following
9goals:
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(a) Promoting the development and use of clean and renewable energy across
11this state.
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(b) Advancing innovative sustainability solutions in ways that improve this
13state's economy and environment, including energy initiatives that reduce carbon
14emissions, accelerate economic growth, and lower customer energy costs.
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(c) Diversifying the resources used to reliably meet the energy needs of
16consumers in this state and generate family-supporting jobs through the expansion
17of this state's clean energy economy.
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18(3) Other duties. The office shall do all of the following:
SB70-AA12,26,2119
(a) Provide advice and support to state agencies in developing or retrofitting
20sustainable infrastructure to reduce energy use and lessen negative impacts on this
21state's air and water quality.
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(b) Study and report on the status of existing clean and renewable energy
23efforts by the state, including economic development initiatives, and develop future
24energy policy opportunities for consideration by the governor and state agencies.
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1(c) Serve as a single point of contact to assist businesses, local units of
2government, and nongovernmental organizations that are pursuing clean energy
3opportunities.
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(d) Identify and share information about clean energy funding and
5employment opportunities for private and state and local governmental entities.
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(e) Take other steps necessary to facilitate the implementation of the initiatives
7specified in sub. (2) and to identify and address barriers to the implementation of
8those initiatives.
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9(4) Clean energy grants. The office shall establish a program for making
10grants from the appropriation under s. 20.505 (4) (cm) to fund research in support
11of clean energy production.
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12(5) Technical assistance. (a) The office may provide technical assistance to
13local governmental units and private entities to assist in the planning and
14implementation of energy efficiency and renewable resources and may charge for
15those services. The office may request technical and staff assistance from other state
16agencies in providing technical assistance to those units of government and private
17entities.
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(b) The office may require a public utility to provide energy billing and use data
19regarding public schools, if the office determines that the data are necessary to
20provide technical assistance under par. (a) in public schools, including those with the
21highest energy costs.
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(c) The office shall consult with the public service commission in implementing
23this subsection.
SB70-AA12,31
24Section
31. 16.955 of the statutes is created to read:
SB70-AA12,28,3
116.955 Clean energy small business incubator. (1) Incubator. The office
2of sustainability and clean energy in the department shall operate a small business
3incubator
.
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4(2) Duties. The incubator operated under sub. (1) shall provide business
5development, mentorship, and expertise to small businesses with their primary
6place of business in this state that operates in the clean energy sector.
SB70-AA12,28,11
7(3) Grants. From the appropriation under s. 20.505 (4) (cn), the incubator shall
8award grants to small business start-up companies with their primary place of
9business in this state that operate in the clean energy sector. The office of
10sustainability and clean energy shall establish requirements for grant recipients
11under this subsection.
SB70-AA12,32
1Section
32. 20.505 (1) (cf) of the statutes is created to read:
SB70-AA12,29,42
20.505
(1) (cf)
Climate risk assessment and resiliency plan technical assistance
3grants. Biennially, the amounts in the schedule for the climate risk assessment and
4resiliency plan technical assistance grants under s. 16.035 (3).