SB504: Bill Text

Analysis by the Legislative Reference Bureau

Under this bill, a city, village, town, or county (political subdivision), a regional planning commission (RPC) or a nonprofit organization may apply for a land use planning grant to the department of administration (DOA). A grant to a political subdivision or RPC is to be used to reimburse the political subdivision or RPC for the costs it incurs in developing a comprehensive land use plan or to fund a land use planning project that is described in the application. A grant to a nonprofit organization is to be used to reimburse the organization for the costs it incurs in developing a comprehensive land use plan, which shall be provided to a political subdivision or RPC that is identified in its application.

The bill appropriates $3,100,000 from the transportation fund for the purpose of making the land use planning grants.

The bill defines a "comprehensive land use plan" as a plan that contains or addresses a number of specified elements, including the following:

1. A vision statement that expresses a community identity.

2. Transportation, land use, housing and historic preservation issues.

3. Economic development and energy issues.

4. Intergovernmental coordination and cooperation issues.

5. Environmental quality protection issues, including air quality, water quality and wildlife habitat quality.

6. Infrastructure issues.

7. Open spaces issues.

A political subdivision's, RPC's or nonprofit organization's application to DOA is required to certify a number of elements, including certification that the applicant will develop a comprehensive land use plan, that the plan will substantially meet a number of land use planning goals that are created in the bill and that the applicant will deliver a comprehensive land use plan to the Wisconsin land council not later than one year after receiving provisional or final certification from DOA that DOA believes, based on the application, that the applicant has a reasonable likelihood of successfully developing a comprehensive land use plan and that the plan will substantially meet a number of land use planning goals. The land use planning goals, which are created in the bill, include the following:

1. The promotion of the redevelopment of existing lands.

2. The encouragement of neighborhood designs that support a range of transportation and lifestyle choices.

3. The protection of natural resources and productive areas, such as farms.

4. Seeking of a range of housing choices.

If DOA provisionally certifies a political subdivision or a RPC, DOA must set aside money for the grant. If DOA certifies a nonprofit organization, DOA must award the grant to the applicant. DOA is then required to forward the applications of applicants who are awarded provisional certification or grants to the Wisconsin land use council for the council's review.

The council is required to review the applications and to notify DOA of one of the following determinations:

1. The applicant's land use plan substantially meets all of the land use planning goals that are created in the bill. In such a case, the applicant is an "eligible applicant".

2. The council does not receive the applicant's land use plan.

3. The council does receive the plan, but the plan is inadequate, fails to meet the required goals or was not presented to the appropriate political subdivision or RPC.

In the case of an eligible applicant, DOA is required to release the land use planning grant to the applicant. If the council notifies DOA that a plan received from a nonprofit organization is inadequate, fails to meet the required goals or was not presented to the appropriate political subdivision or RPC, DOA must demand repayment of the grant from the nonprofit organization and the organization must repay to DOA the amount of the grant that was awarded.

Under the bill, DOA is required to promulgate rules to further define a comprehensive land use plan, to further develop appropriate land use goals and to further develop grant application criteria for nonprofit organizations.

The bill also requires a political subdivision to adopt a comprehensive land use plan, as defined in the bill, not later than January 1, 2005. The grant program created in the bill sunsets on September 1, 2003. Under current law, the land use council does not exist after August 31, 2003.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB504, s. 1 Section 1. 15.01 (4) of the statutes is amended to read:

SB504,3,10 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers and duties specified in s. 16.023, the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

SB504, s. 2 Section 2 . 15.01 (4) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB504,3,21 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers and duties specified in s. 16.023, the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

SB504, s. 3 Section 3. 16.023 (1) (n) of the statutes is created to read:

SB504,4,4 16.023 (1) (n) Certify eligible applicants and review the applications of nonprofit applicants under sub. (1m) (b) who apply for land use planning grants under s. 16.966 (5), using the criteria under sub. (1m) (a).

SB504, s. 4 Section 4. 16.023 (1m) of the statutes is created to read:

SB504,4,11 16.023 (1m) (a) After receiving an applicant's application for a land use planning grant from the department under s. 16.966 (5) (c) and after receiving the applicant's comprehensive land use plan, the council shall review the application and the plan to determine whether the applicant's land use plan substantially meets all of the following land use planning goals, to the extent that such goals are applicable:

SB504,4,12 1. Promotion of the redevelopment of existing urban lands.

SB504,4,14 2. Encouragement of neighborhood designs that support a range of transportation and lifestyle choices.

SB504,4,16 3. Discouragement of land uses that impose disproportionately high public service costs or that diminish the value of adjacent lands.

SB504,4,18 4. Protection of natural areas, including wetlands, wildlife habitats, lakes and woodlands, and groundwater resources.

SB504,4,19 5. Protection of productive areas, including farmland and forests.

SB504,4,20 6. Preservation of cultural, historic and archaeological sites.

SB504,4,22 7. Staging of growth to match public service and infrastructure capacities with projected demand.

SB504,4,24 8. Encouragement of coordination and cooperation among nearby units of government.

SB504,5,2 9. Building of community identity by maintaining physical separation between urban areas, revitalizing main streets and enforcing design standards.

SB504,5,4 10. Linking of open spaces and cultural, recreational, historic and other resources in corridors.

SB504,5,6 11. Seeking of a range of housing choices, including affordable housing and a range of densities, throughout each community.

SB504,5,15 (b) If the council determines under s. 16.966 (5) (d) 1. that an applicant's land use plan substantially meets all of the land use planning goals under par. (a), the applicant is an eligible applicant and the council shall certify its determination to the department. If the council does not receive the land use plan as described in s. 16.966 (5) (d) 2., the council shall notify the department. If the council does receive the plan as described in s. 16.966 (5) (d) 2. and the plan is inadequate, fails to meet the goals under par. (a) or was not presented to the appropriate city, village, town, county or regional planning commission, the council shall certify its determination to the department.

SB504, s. 5 Section 5. 16.023 (3) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB504,5,18 16.023 (3) Subsections (1), (1m) and (2) do not apply after August 31, 2003.

SB504, s. 6 Section 6. 16.966 (5) of the statutes is created to read:

SB504,5,20 16.966 (5) (a) In this subsection:

SB504,5,23 1. "Comprehensive land use plan" means the land use plan of a nonprofit organization, a political subdivision or a regional planning commission that contains or addresses at least all of the following elements:

SB504,5,24 a. A vision statement that expresses a community identity.

SB504,5,25 b. Transportation issues.

SB504,6,1 c. Land use issues.

SB504,6,2 d. Housing issues.

SB504,6,3 e. Community facilities and infrastructure issues.

SB504,6,4 f. Economic development issues.

SB504,6,5 g. Intergovernmental coordination and cooperation issues.

SB504,6,6 h. Historic preservation.

SB504,6,7 i. Urban design issues.

SB504,6,8 j. Protection of land resources, including farmland, forests and wetlands.

SB504,6,10 k. Environmental quality protection issues, including air quality, water quality and wildlife habitat quality.

SB504,6,11 L. Energy issues.

SB504,6,12 m. Land market analysis, including supply, demand and prices.

SB504,6,13 n. Open spaces issues.

SB504,6,15 o. A method to determine whether progress is being made in addressing the elements of the plan.

SB504,6,16 p. Capital improvement programs.

SB504,6,17 q. The role of community groups in land use planning.

SB504,6,18 r. Issues related to the timing of development.

SB504,6,19 s. Issues related to the preparation of official maps.

SB504,6,22 2. "Nonprofit organization" means an organization described in section 501 (c) (3) of the Internal Revenue Code that is incorporated in this state and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB504,6,23 3. "Political subdivision" means a city, village, town or county.

SB504,7,8 (b) 1. A political subdivision, a regional planning commission or a nonprofit organization may apply for a land use planning grant under this subsection on an application prepared by the department. A grant that is awarded under par. (d) to a political subdivision or a regional planning commission shall be used to reimburse the political subdivision or regional planning commission for the costs it incurs in developing its comprehensive land use plan or to fund a land use planning project that is described in the application and that is consistent with the applicant's comprehensive land use plan or both. A grant that is awarded under par. (c) to a nonprofit organization shall be used by the the nonprofit organization for the costs it incurs in developing a comprehensive land use plan.

SB504,7,9 2. In its application, a political subdivision shall certify all of the following:

SB504,7,10 a. That it will develop a comprehensive land use plan.

SB504,7,12 b. That its comprehensive land use plan will substantially meet the land use planning goals under s. 16.023 (1m) (a).

SB504,7,16 c. That it will deliver a comprehensive land use plan, and the proposed ordinances described under subd. 2. d., to the Wisconsin land council under s. 16.023 not later than one year after receiving provisional certification from the department under par. (c).

SB504,7,18 d. That it will enact any ordinances that are necessary to implement the comprehensive land use plan and amend any ordinances that conflict with the plan.

SB504,7,20 e. That it will contribute, from its own funds, an amount equal to at least 25% of the grant amount to fund the costs for which the grant is awarded.

SB504,7,21 f. The amount of the grant that it is requesting.

SB504,7,23 3. In its application, a regional planning commission shall certify all of the following:

SB504,7,24 a. That it will develop a comprehensive land use plan.

SB504,8,2 b. That its comprehensive land use plan will substantially meet the land use planning goals under s. 16.023 (1m) (a).

SB504,8,5 c. That it will deliver a comprehensive land use plan to the Wisconsin land council under s. 16.023 not later than one year after receiving provisional certification from the department under par. (c).

SB504,8,7 d. That it will contribute, from its own funds, an amount equal to at least 25% of the grant amount to fund the costs for which the grant is awarded.

SB504,8,8 e. The amount of the grant that it is requesting.

SB504,8,9 4. In its application, a nonprofit organization shall certify all of the following: