16.958(1)(c)
(c) "Generator public utility" means a public utility, as defined in
s. 196.01 (5), that generates electricity.
16.958(1)(d)
(d) "Initial compliance date" means the date specified in a notice by the department of natural resources under
s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.
16.958(1)(e)
(e) "Midcontinent area" means the geographic area served by the Mid-Continent Area Power Pool reliability council of the North American Electric Reliability Council.
16.958(2)
(2) If the department of natural resources makes a notification to the department of administration under
s. 285.48 (2), the department of administration shall do each of the following:
16.958(2)(a)
(a) In each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date, transfer $2,500,000, or the lesser amount specified in a notice under
s. 285.48 (3) (d) 4., from the utility public benefits fund to the air quality improvement fund.
16.958(2)(b)
(b) From the air quality improvement fund, award grants to eligible electric providers to be used for the purpose of complying with requirements under state or federal law to reduce nitrogen oxide emissions in the midcontinent area of this state pursuant to a state implementation plan. An eligible electric provider that is a public utility may receive no more than $500,000 per year in grants under this paragraph.
16.958(2)(c)
(c) Promulgate rules for awarding grants under
par. (b). The rules shall require an applicant for a grant to identify the reduction in nitrogen oxide emissions that the applicant is capable of achieving with the grant.
16.958(3)
(3) An eligible electric provider that is awarded a grant under
sub. (2) (b) may assign the grant to a 3rd party if the 3rd party uses the grant for the purpose of reducing nitrogen oxide emissions and the eligible electric provider demonstrates to the satisfaction of the department of administration that the 3rd party is capable of achieving the reduction in nitrogen oxide emissions identified in the eligible electric provider's application for the grant.
16.958 History
History: 1999 a. 9.
16.959
16.959
Wind energy. The department shall:
16.959(1)
(1) Promote the use of wind energy systems. "Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
16.959(2)
(2) Gather and disseminate information on wind characteristics and the economic feasibility of using wind energy systems in the state.
16.959(3)
(3) Offer assistance to persons interested in installing a wind energy conversion system.
16.959(4)
(4) Train University of Wisconsin-Extension staff to assist persons interested in siting wind energy conversion systems.
16.959(5)
(5) Publish a list, at intervals not to exceed 6 months, of reputable manufacturers and distributors of wind energy conversion systems in the upper midwest region of the United States.
16.959 History
History: 1987 a. 142;
2001 a. 103.
16.96
16.96
Population estimates. The department of administration shall periodically make population estimates and projections. These population determinations shall be deemed to be the official state population estimates and projections. These determinations shall be used for all official estimate and projection purposes, except where otherwise directed by statute, but do not supersede
s. 990.01 (29). The department shall:
16.96(1)
(1) Annually make estimates of the current number of persons residing in each municipality and county of the state, and periodically make projections of the anticipated future population of the state, counties and municipalities.
16.96(2)
(2) Prepare population estimates for purposes of state revenue sharing distribution under
ch. 79. For this purpose:
16.96(2)(a)
(a) On or before August 10 of each year, the department shall make its preliminary population determinations and shall notify the clerk of each municipality and county of its preliminary population determinations. The reference date for all population determinations for state shared revenue distribution purposes shall be January 1.
16.96(2)(b)
(b) Municipalities and counties believing that population determinations under
par. (a) are based upon incorrect information may, no later than September 15 of the same year in which the determination is made, challenge the determination by filing their specific objections, and evidence in support thereof, with the department. If the challenge is denied by the department, the municipality or county may appeal the denial, by October 1 of the same year, by notifying the department that the appellant intends to have a special census conducted by the U.S. bureau of the census in support of the appeal under
par. (dm).
16.96(2)(c)
(c) On or before October 10 of each year, the department shall make any necessary adjustments in its population determinations for the November distribution, and shall notify the clerk of any affected municipality or county of these adjustments. The adjusted population determinations shall be consistent with the methods used statewide for population determinations, and adjustments from the August 10 population determinations shall be made only to accommodate corrected information.
16.96(2)(cm)
(cm) The July preliminary distribution shall be based on the final population determination of the previous year.
16.96(2)(d)
(d) Except as authorized in
pars. (dm) and
(e), the population determinations shall be based upon the last previous federal decennial or special census or other official statewide census and shall take into consideration growth rates of municipalities.
16.96(2)(dm)
(dm) The results of special censuses conducted for municipalities and counties under contract with the U.S. bureau of the census shall be used as a basis for the respective population determinations on August 10 if the final certified results of such censuses are received by the department before July 1 in the year in which the determination is made. The results of special censuses conducted for municipalities and counties under contract with the U.S. bureau of the census shall be used as a basis for the respective population determinations on October 10 if the final certified results of such censuses are received by the department before October 1 in the year in which the determination is made. If a municipality or county notifies the department in writing by October 1 of its intention to contract for a special census with the U.S. bureau of the census in support of a challenge to the August 10 population determination, and if the final certified results of such a special census are received by the department before July 15 in the following year, the department shall adjust the preceding October 10 population estimate to reflect the results of the special census. If a municipality or county notifies the department of its intention to contract for a special census but the results are not received by July 15 in the following year, the department may use the best information from the most recent federal census. The department shall report the adjusted population determination to the department of revenue before August 1 of the year subsequent to the challenge. The department shall prorate census results for census dates occurring after the reference date of any population determination back to the reference date of the estimate for all municipalities and counties under
par. (a). Upon receiving an adjusted population determination, the department of revenue shall correct shared revenue distributions under
subch. I of ch. 79 according to
s. 79.08. If a municipality contracts with the U.S. bureau of the census for a special census, the municipality shall assure that the results of such special census are certified to the department not later than 30 days after the release of the census results by the U.S. bureau of the census.
16.96(2)(e)
(e) Before August 1 of the year following the year in which a federal decennial census is taken, the department shall adjust the October 10 population determinations of the decennial census year to correspond to the final federal decennial census results as reported to an agency of the state by the U.S. bureau of the census under
13 USC 141 (c). The department may use preliminary results from the decennial census for any municipality or a county for which the final results are not available before August 1 of the year following the decennial census year. The department shall prorate each population determination adjustment from the decennial census date back to the reference date of the estimate for all municipalities and counties under
par. (a) in the decennial census year. The department shall report the adjusted population determination to the department of revenue before August 1 of the year following the federal decennial census year. Upon receiving an adjusted population determination, the department of revenue shall correct shared revenue distributions under
subch. I of ch. 79 according to
s. 79.08.
16.96(2)(f)
(f) Persons who are members in the Wisconsin Veterans Home at King shall be considered residents of the town of Farmington and of Waupaca County and persons who are members in the Wisconsin veterans facility in southeastern Wisconsin shall be considered residents of the town of Dover and of Racine County for purposes of the state revenue sharing distribution under
subch. I of ch. 79.
16.96(3)(a)(a) Establish a demographic services center for the purpose of developing and administering systems needed to carry out the functions of the department under
subs. (1) and
(2), maintaining a current repository of appropriate published and computer retrievable federal census information and cooperating with state agencies and regional planning agencies so that the department's population estimates, projections and published reports are useful for planning and other purposes for which they are required. The center shall coordinate population information development and use. The center shall provide assistance to and encourage and coordinate efforts by state and local agencies, regional planning agencies and private businesses and associations to inform the public regarding the federal census process and the importance of obtaining a complete, accurate federal decennial census. The department may enter into agreements with state and local agencies or regional planning agencies for their assistance in the preparation of population estimates, projections and forecasts.
16.96(3)(b)
(b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under
s. 13.92 (1) (a) 6. and provide copies thereof to the elections board.
16.96(3)(c)
(c) Serve as the state's liaison to the U.S. bureau of the census to facilitate accurate federal decennial census counts in this state.
16.96 Cross-reference
Cross Reference: See also s.
Adm 3.01, Wis. adm. code.
16.964
16.964
Office of justice assistance. 16.964(1)
(1) The office of justice assistance shall:
16.964(1)(a)
(a) Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974,
P.L. 93-415.
16.964(1)(b)
(b) Prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the joint committee on finance in accordance with
s. 16.54 and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.
16.964(1)(c)
(c) Recommend appropriate legislation in the criminal and juvenile justice field to the governor and the legislature.
16.964(1)(d)
(d) Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.
16.964(1)(e)
(e) Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.
16.964(1)(f)
(f) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.
16.964(1)(g)
(g) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.
16.964(1)(h)
(h) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under
par. (g), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.
16.964(2)
(2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in
sub. (1) (g) on the basis of the forms or instructions or both to be supplied by the office under
sub. (1) (g).
16.964(3)
(3) The governor shall appoint an executive director under
s. 15.105 (19) outside of the classified service.
16.964(4)
(4) In regard to any grant the office makes to any local unit of government for which the state is providing matching funds from moneys under
s. 20.505 (6) (kp), the local unit of government shall provide matching funds equal to at least 10%. This subsection does not apply to grants made to improve the enforcement of laws regarding controlled substances commonly known as club drugs, including ecstasy, and to educate the public regarding the nature and impact of those controlled substances and the criminal penalties that apply to possessing, manufacturing, distributing, or delivering them unlawfully.
16.964(5)(a)(a) The office shall provide grants from the appropriation under
s. 20.505 (6) (c) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.
16.964(5)(b)
(b) A city applying to the office for a grant under this subsection shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection may be used for salary and fringe benefits only. Except as provided in
par. (c), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.
16.964(5)(c)
(c) During the first 6 months of the first year of a grant, a city may, with the approval of the office, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the office for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the office with all of the following:
16.964(5)(c)1.
1. The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.
16.964(5)(c)2.
2. The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.
16.964(5)(c)3.
3. Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling that the grant originally planned to pay.
16.964(5)(d)
(d) The office shall develop criteria which, notwithstanding
s. 227.10 (1), need not be promulgated as rules under
ch. 227, for use in determining the amount to grant to cities under this subsection. The office may not award an annual grant in excess of $150,000 to any city. The office shall review any application and plan submitted under
par. (b) to determine if that application and plan meet the requirements of this subsection. The grant that a city receives under this subsection may not supplant existing local resources.
16.964(5)(e)
(e) A city may receive a grant for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant, the city shall provide matching funds of at least 25% of the amount of the grant.
16.964(5)(f)
(f) The office may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph shall be determined and allocations made as provided in this subsection.
16.964(6)(a)(a) In this subsection, "tribe" means a federally recognized American Indian tribe or band in this state.
16.964(6)(b)
(b) From the appropriation under
s. 20.505 (6) (ks), the office shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the office that includes a proposed plan for expenditure of the grant moneys. The office shall review any application and plan submitted to determine whether that application and plan meet the criteria established under
par. (c). The office shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.
16.964(6)(c)
(c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
16.964(7)(a)(a) From the appropriation under
s. 20.505 (6) (kq), the office shall provide grants to counties to fund county law enforcement services. The office may make a grant to a county under this subsection only if all of the following apply:
16.964(7)(a)1.
1. The county borders one or more federally recognized Indian reservations.
16.964(7)(a)2.
2. The county has not established a cooperative county-tribal law enforcement program under
s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.
16.964(7)(a)3.
3. The county demonstrates a need for the law enforcement services to be funded with the grant.
16.964(7)(a)4.
4. The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.
16.964(7)(b)
(b) The office shall review an application and plan submitted under
par. (a) 4. to determine if the application and plan meet the requirements of
par. (a) 1. to
3. and the criteria established under
par. (c). The office may not award an annual grant in excess of $50,000 to any county under this subsection.
16.964(7)(c)
(c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
16.964(8)(a)(a) From the appropriations under
s. 20.505 (6) (d) and
(kj), the office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding
s. 16.75, the office may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
16.964(8)(b)
(b) From the appropriation under
s. 20.505 (6) (km), the office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under
par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.
16.964(8)(c)
(c) From the appropriations under
s. 20.505 (6) (d) and
(kj), the office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s.
301.265 (3), 1995 stats. Notwithstanding
s. 16.75, the office may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
16.965
16.965
Planning grants to local governmental units. 16.965(1)(a)
(a) "Local governmental unit" means a county, city, village, town or regional planning commission.
16.965(1)(b)
(b) "Smart growth area" means an area that will enable the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable, or that will encourage efficient development patterns that are both contiguous to existing development and at densities that have relatively low municipal, state governmental and utility costs.
16.965(2)
(2) From the appropriations under
s. 20.505 (1) (cm) and
(if), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in
s. 66.1001 (2).
16.965(3)
(3) Prior to awarding a grant to a local governmental unit under
sub. (2), the department shall forward a statement of the expenditures proposed to be made under the grant to the Wisconsin land council for its written approval. The council may approve or disapprove any proposed grant.
Effective date note
Note: Sub. (3) is repealed eff. 9-1-03 by
1999 Wis. Act 9.
16.965(4)
(4) In determining whether to approve a proposed grant, preference shall be accorded to applications of local governmental units that contain all of the following elements:
16.965(4)(a)
(a) Planning efforts that address the interests of overlapping or neighboring jurisdictions.
16.965(4)(b)
(b) Planning efforts that contain a specific description of the means by which all of the following local, comprehensive planning goals will be achieved:
16.965(4)(b)1.
1. Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
16.965(4)(b)2.
2. Encouragement of neighborhood designs that support a range of transportation choices.
16.965(4)(b)3.
3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.
16.965(4)(b)4.
4. Protection of economically productive areas, including farmland and forests.
16.965(4)(b)5.
5. Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.
16.965(4)(b)6.
6. Preservation of cultural, historic and archaeological sites.
