LRB-4912/1
ZDW:skw
2023 - 2024 LEGISLATURE
December 22, 2023 - Introduced by Representatives Billings, Andraca, Baldeh,
Conley, Considine, Doyle, Drake, Emerson, Joers, Madison, Ohnstad,
Ratcliff, Shankland and Palmeri, cosponsored by Senators Smith,
Hesselbein, Pfaff and Spreitzer. Referred to Committee on Environment.
AB828,1,5
1An Act to create 20.370 (9) (pq) and 23.199 of the statutes;
relating to: creating
2a Mississippi River erosion control revolving loan program, extending the time
3limit for emergency rule procedures, providing an exemption from emergency
4rule procedures, granting rule-making authority, and making an
5appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to administer a
revolving loan program to assist municipalities and owners of homes located on the
shore of the Mississippi River where the structural integrity of municipal buildings
or homes is threatened by erosion of the shoreline. The bill appropriates $2,000,000
to DNR for this purpose and increases DNR's position authorization by 0.5 FTE
position to administer the program. The bill requires DNR to promulgate rules to
administer the program, including eligibility requirements and income limitations,
and authorizes DNR to promulgate emergency rules for the period before permanent
rules take effect.
For further information see the state 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:
AB828,2
3Section
2. 20.370 (9) (pq) of the statutes is created to read:
AB828,2,74
20.370
(9) (pq)
Mississippi River erosion control revolving loan program. As
5a continuing appropriation, from the environmental fund, the amounts in the
6schedule for the Mississippi River erosion control revolving loan program under s.
723.199.
AB828,3
8Section
3. 23.199 of the statutes is created to read:
AB828,2,13
923.199 Mississippi River erosion control revolving loan program. (1)
10The department shall administer a revolving loan program to assist municipalities
11and owners of homes located on the shore of the Mississippi River where the
12structural integrity of municipal buildings or homes is threatened by erosion of the
13shoreline.
AB828,2,15
14(2) The department shall make loans under this section from the appropriation
15account under s. 20.370 (9) (pq).
AB828,2,18
16(3) The department shall promulgate rules to administer this section,
17including rules establishing eligibility criteria and income limitations for loans
18under this section.
AB828,4
19Section
4.
Nonstatutory provisions.
AB828,3,4
1(1)
Position authorization. The authorized FTE positions for the department
2of natural resources, funded from the appropriation under s. 20.370 (9) (pq), are
3increased by 0.5 SEG position for the purpose of administering the Mississippi River
4erosion control revolving loan program.
AB828,3,165
(2)
Emergency rules. The department of natural resources may use the
6procedure under s. 227.24 to promulgate emergency rules under s. 23.199 for the
7period before the date on which permanent rules under s. 23.199 take effect.
8Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
9subsection remain in effect until the first day of the 25th month beginning after the
10effective date of the emergency rules, the date on which the permanent rules take
11effect, or the effective date of the repeal of the emergency rules, whichever is earlier.
12Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not
13required to provide evidence that promulgating a rule under this subsection as an
14emergency rule is necessary for the preservation of public peace, health, safety, or
15welfare and is not required to provide a finding of emergency for a rule promulgated
16under this subsection.
