LRB-0829/1
JAM:skw&emw
2023 - 2024 LEGISLATURE
April 20, 2023 - Introduced by Representatives Oldenburg, Novak, Shankland,
Spiros, Krug, Green, Mursau, Kurtz, Edming, Kitchens, Andraca, Baldeh,
Conley, Behnke, Rettinger, Palmeri, Subeck, Joers and Billings,
cosponsored by Senators Quinn, Cowles, Cabral-Guevara, Testin, Jacque,
Wimberger, James and Spreitzer. Referred to Committee on Local
Government.
AB222,1,2 1An Act to create 323.63 of the statutes; relating to: a pre-disaster flood
2resilience grant program.
Analysis by the Legislative Reference Bureau
This bill requires the Division of Emergency Management (division) in the
Department of Military Affairs to create and administer a pre-disaster flood
resilience grant program. Under the program, the division may provide assessment
or implementation grants for projects aimed at identifying and improving flood
vulnerabilities and resilience priorities in local governmental units. “ Local
governmental unit” is defined in the bill to mean a city, village, town, county, regional
planning commission, or federally recognized American Indian tribe or band in this
state. The division may award to a grant applicant up to $300,000 per assessment
grant, and $250,000 per implementation grant. The program grants may cover up
to 75 percent of the total anticipated project cost, and the applicant must detail from
where it will source the remaining funding.
Under the bill, the division may only consider applications for a grant under the
program if one of the following applies: 1) the application is for a project area that
was the site of a presidentially declared disaster for flooding at any time in the 10
years preceding the grant cycle; 2) the application is for a project area that was the
site of a governor-declared state of emergency for flooding at any time in the 10 years
preceding the grant cycle; or 3) the application is for a local governmental unit that
has a division-approved hazard mitigation plan that identifies localized exposure to
flood risk. The division may consult with other state agencies regarding the
administration of the program or the review of grant applicants.

Under the bill, persons awarded a grant under the pre-disaster flood resilience
grant program must spend all of the program's grant moneys received within two
years of receiving the grant moneys, and within 90 days of project completion must
provide to the division a report regarding a summary of the project's goals, activities
conducted with grant moneys, and data demonstrating project goals to date. No later
than July 1, 2024, and annually thereafter, the division shall submit a report to the
governor and appropriate standing committees of the legislature that describes
program activities and accomplishments of the preceding year, lists the grant
recipients and grants awarded, and makes a recommendation on program
continuation and funding levels. However, no report is required for any year that the
program is not funded.
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:
AB222,1 1Section 1. 323.63 of the statutes is created to read:
AB222,2,3 2323.63 Pre-disaster flood resilience grant program. (1) Definitions. In
3this section:
AB222,2,44 (a) “Assessment grant” means a grant awarded under sub. (3).
AB222,2,55 (b) “Implementation grant” means a grant awarded under sub. (4).
AB222,2,86 (c) “Local governmental unit” means any city, village, town, county, regional
7planning commission, or federally recognized American Indian tribe or band in this
8state.
AB222,2,109 (d) “Program” means the pre-disaster flood resilience grant program described
10in sub. (2) (a).
AB222,2,15 11(2) Creation and administration. (a) The division shall create and administer
12a pre-disaster flood resilience grant program to provide grants to applicants for the
13purpose of identifying flood vulnerabilities, identifying options to improve flood
14resiliency, and restoring hydrology in order to reduce flood risk and damages in
15flood-prone communities.
AB222,3,2
1(b) The program shall provide grants as described in subs. (3) and (4), and shall
2establish an annual grant cycle.
AB222,3,53 (c) In each fiscal biennium, for each dollar the program awards for an
4assessment grant under sub. (3), the program may award no more than 67 percent
5of a dollar for an implementation grant under sub. (4).
AB222,3,9 6(3) Assessment grants. (a) Assessment grants awarded under this subsection
7shall support applicants' generation and gathering of information on vulnerabilities
8and identification of flood resilience priorities on a watershed, catchment, or stream
9reach-scale through one or more of the following activities:
AB222,3,1210 1. Assessments aimed at understanding flood flows and erosion hazards and
11vulnerabilities and identifying opportunities to increase flood resilience, including
12opportunities to restore wetland, stream, and floodplain hydrology.
AB222,3,1713 2. Development of culvert inventories using the Great Lakes Stream Crossing
14Inventory, or using another road-stream crossing inventory method that considers
15structural risk factors, aquatic organism passage, and upstream hydrologic
16conditions, and that is at least as effective as the Great Lakes Stream Crossing
17Inventory.
AB222,3,1918 3. Conducting hydrologic and hydraulic studies that help develop hydrologic
19models.
AB222,3,2120 (b) Data generated from activities under par. (a) may not be deemed proprietary
21and shall be provided to entities that develop local hazard mitigation plans.
AB222,4,322 (c) The division may award an assessment grant of up to $300,000 for any
23combination of activities enumerated in par. (a). An assessment grant awarded
24under this subsection shall be for a maximum of 75 percent of the total anticipated
25project cost, and the assessment grant recipient shall secure the remaining funding.

1The remaining funding secured by the assessment grant recipient or local
2governmental unit may include the value of in-kind contributions, including goods
3and services and administrative costs.
AB222,4,44 (d) An assessment grant application shall include the following information:
AB222,4,75 1. Written documentation from the local governmental unit's main
6decision-authorizing body indicating that the body has authorized the local
7governmental unit's participation in the grant project.
AB222,4,118 2. Written documentation from the local governmental unit's body responsible
9for expending the local governmental unit's funds indicating the body of the local
10governmental unit's commitment or intention to expend funds or provide in-kind
11contributions for the grant project.
AB222,4,1312 3. Information detailing all sources of funding for the project that will not be
13covered by the grant award under this subsection.
AB222,4,24 14(4) Implementation grants. (a) Implementation grants awarded under this
15subsection shall be used for implementation of hydrologic restoration projects that
16have been either identified or designed through an activity specified under sub. (3)
17(a), or through a comparable assessment process, as determined by the division.
18Implementation grants awarded under this subsection shall support the regulatory
19coordination, engineering and design, construction, or post-construction monitoring
20of an applicant's hydrologic restoration project that reconnects streams and
21floodplains, reestablishes healthy channel form and condition, mitigates erosion
22hazards, removes or reduces wetland drainage, restores or improves natural flow
23and movement of water or sediment, or reestablishes vegetation to support site
24stability and help manage flow and infiltration.
AB222,5,7
1(b) The maximum amount of an implementation grant award under this
2subsection shall be $250,000. An implementation grant awarded under this
3subsection shall be for a maximum of 75 percent of the total anticipated project cost,
4and the implementation grant recipient shall secure the remaining funding. The
5remaining funding secured by the assessment grant recipient or local governmental
6unit may include the value of in-kind contributions, including goods and services
7and administrative costs.
AB222,5,98 (c) An implementation grant application shall include the following
9information:
AB222,5,1210 1. Written documentation from the local governmental unit's main
11decision-authorizing body indicating that the body has authorized the local
12governmental unit's participation in the grant project.
AB222,5,1613 2. Written documentation from the local governmental unit's body responsible
14for expending the local governmental unit's funds indicating the body of the local
15governmental unit's commitment or intention to expend funds or provide in-kind
16contributions for the grant project.
AB222,5,1817 3. Information detailing all sources of funding for the project that will not be
18covered by the grant award under this subsection.
AB222,5,20 19(5) Eligibility. (a) The following persons are eligible to apply for a grant under
20this section:
AB222,5,2121 1. One or more local governmental units.
AB222,5,2322 2. A nonprofit organization applying on behalf of one or more local
23governmental units.
AB222,5,2524 3. A private consulting organization applying on behalf of one or more local
25governmental units.
AB222,6,2
1(b) The division may consider an application for a grant under this section only
2if one of the following applies:
AB222,6,53 1. The application includes in its project area an area that has been the site of
4a presidentially declared disaster for flooding at any time in the 10 years preceding
5the applicable grant cycle.
AB222,6,86 2. The application includes in its project area an area that has previously been
7the site of a governor-issued state of emergency for flooding at any time in the 10
8years preceding the applicable grant cycle.
AB222,6,109 3. The application is for a local governmental unit that has a division-approved
10hazard mitigation plan that identifies localized exposure to flood risk.
AB222,6,13 11(6) Grant recipient requirements. (a) 1. A grant recipient shall spend all of
12the grant money received from the program under this section on the project
13described in the grant application within 2 years of receiving the grant money.
AB222,6,1614 2. Notwithstanding subd. 1., the division may extend the time by which a grant
15recipient shall spend all of the grant money received from the program under this
16section to match a timeline requirement of a federal grant.
AB222,6,2117 (b) A grant recipient shall provide to the division a report within 90 days of
18completion of the grant project, or 2 years after receiving the grant money, whichever
19occurs first. The report shall summarize project goals, activities conducted with the
20grant, and data and other observations demonstrating progress-to-date toward
21project goals.
AB222,6,24 22(7) Powers and duties. (a) The division shall develop methods for evaluating
23grant applications and shall consider all of the following in evaluating a grant
24application:
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