238.04(8)
(8) Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.
238.04(9)
(9) Issue notes, bonds, and any other obligations.
238.04(14)
(14) Enter into agreements regarding compensation, space, and other administrative matters as are necessary to operate offices in other states and foreign countries. Such agreements shall be subject to the approval of the secretary of administration.
238.04 History
History: 2011 a. 7;
2011 a. 32 s.
3289.
238.05
238.05
Department of commerce assistance and coordination. 238.05(1)(1) If requested by the board, the department of commerce shall provide staff or other resources to assist the board in carrying out the purposes and provisions of this chapter.
238.05(2)
(2) To the greatest extent practicable, the department of commerce and the board shall seek to coordinate their economic development programs.
238.05 History
History: 2011 a. 7.
238.06
238.06
Liability limited. Neither the state nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision of the state who is acting within the scope of employment or agency, is liable for any debt, obligation, act, or omission of the corporation.
238.06 History
History: 2011 a. 7.
238.07
238.07
Submission of annual reports to legislature. 238.07(1)(1) Annually, by January 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), a report identifying the economic development projects that the board intends to develop and implement during the current calendar year.
238.07(2)
(2) Annually, no later than October l, the board shall submit to the joint legislative audit committee and the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), a report for the previous fiscal year on each of the economic development programs of the corporation that contains all of the following:
238.07(2)(b)
(b) A comparison of expected and actual program outcomes.
238.07(2)(c)
(c) The number of grants made under the program.
238.07(2)(d)
(d) The number of loans made under the program.
238.07(2)(e)
(e) The amount of each grant and loan made under the program.
238.07(2)(f)
(f) The recipient of each grant or loan made under the program.
238.07(2)(g)
(g) The sum total of all grants and loans awarded to and received by each recipient under the program.
238.07(3)
(3) The board shall make readily accessible to the public on an Internet-based system the information required under
sub. (2).
238.07 History
History: 2011 a. 7.
238.08
238.08
Records of the corporation. All records of the corporation are open to the public as provided in
s. 19.35 (1) except those records relating to pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain confidential to protect the competitive nature of the grant, loan, or project.
238.08 History
History: 2011 a. 32.
238.10
238.10
Allocation of volume cap on tax-exempt bonds. 238.10(1)(1)
Allocation. The corporation shall establish under
26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under
26 USC 141 (a), among all municipalities, as defined in
s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.
238.10(2)
(2) Amendment to allocation. At any time prior to December 31 in any year, the corporation may adopt rules to revise the allocation system established for that year under
sub. (1), except that any revision under this subsection does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in
26 USC 141 (a).
238.10(3)
(3) Conditions. The corporation may establish any procedure for, and place any condition upon, the granting of an allocation under this section which the corporation deems to be in the best interest of the state including a requirement that a cash deposit, at a rate established by the corporation, be a condition for an allocation.
238.10(4)
(4) Certification. If the corporation receives notice of the issuance of a bond under an allocation under
subs. (1) to
(3), the corporation shall certify that that bond meets the requirements of
26 USC 146.
238.10 History
History: 1987 a. 69,
403;
1989 a. 8;
1997 a. 27;
2005 a. 335;
2011 a. 32 s.
3315; Stats. 2011 s. 238.10.
238.11
238.11
Employment impact estimates. 238.11(1)
(1) The corporation shall prescribe the notice forms to be used under
s. 66.1103 (4m) (a) 1. The corporation shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created, or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The corporation shall prescribe the forms to be used under
s. 66.1103 (4m) (b).
238.11(2)
(2) If the corporation receives a notice under
s. 66.1103 (4m) (a), the corporation shall estimate, no later than 20 days after receipt of the notice, whether the project that is the subject of the notice is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.
238.11(5)
(5) The corporation shall issue an estimate made under
sub. (2) to the city, village, town, or county which will issue the bonds to finance the project which is the subject of the estimate.
238.12
238.12
Repayment of grants, loans, and tax benefits. 238.12(1)(1) In this section, "tax benefits" means the credits under
ss. 71.07 (2dd),
(2de),
(2di),
(2dj),
(2dL),
(2dm),
(2dr),
(2ds),
(2dx),
(3g), and
(3t),
71.28 (1dd),
(1de),
(1di),
(1dj),
(1dL),
(1dm),
(1ds),
(1dx),
(3g), and
(3t),
71.47 (1dd),
(1de),
(1di),
(1dj),
(1dL),
(1dm),
(1ds),
(1dx),
(3g), and
(3t), and
76.636.
238.12(2)
(2) The corporation may not award a grant or loan under this chapter to a person or certify a person to receive tax benefits unless the corporation enters into an agreement with the person that requires the person to repay the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the person ceases to conduct in this state the economic activity for which the person received the grant or loan or for which the person was certified to receive tax benefits and commences substantially the same economic activity outside this state.
238.12 History
History: 2005 a. 25,
259;
2011 a. 32 s.
3327; Stats. 2011 s. 238.12.
238.125
238.125
Notification of position openings; compliance. The corporation shall monitor compliance with the position-opening notification requirements under
ss. 66.1103 (6m) and
106.16.
238.125 History
History: 1987 a. 27;
1995 a. 27;
1999 a. 150 s.
672;
2011 a. 32 s.
3333; Stats. 2011 s. 238.125.
238.127
238.127
State main street program. 238.127(1)(a)
(a) "Business area" means a commercial area existing at the time services under the state main street program are requested and having historic significance.
238.127(1)(c)
(c) "Revitalization" means the process of engaging in activities to increase economic activity, while preserving and building upon a location's historically significant characteristics.
238.127 Note
NOTE: Section 238.127 (title) and (1) were renumbered from s. 560.081 (title) and (1) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
238.127(2)
(2) The corporation shall establish and administer a state main street program to coordinate state and local participation in programs offered by the national main street center, created by the national trust for historic preservation, to assist municipalities in planning, managing and implementing programs for the revitalization of business areas. The corporation shall do all of the following:
238.127(2)(a)
(a) Enter into contracts to obtain business area revitalization services provided by the national main street center.
238.127(2)(c)
(c) With help from interested individuals and organizations, develop a plan describing the objectives of the state main street program and the methods by which the corporation shall:
238.127(2)(c)1.
1. Coordinate the activities of that program with private and public sector revitalization of business areas.
238.127(2)(c)2.
2. Solicit and use private sector funding for revitalization of business areas.
238.127(2)(c)3.
3. Help municipalities engage in revitalization of business areas.
238.127(2)(d)
(d) Coordinate with other state and local public and private entities which provide services to municipalities undertaking projects for the revitalization of business areas.
238.127(2)(e)
(e) Annually select, upon application, up to 5 municipalities to participate in the state main street program. The program for each municipality shall conclude after 3 years, except that the program for each municipality selected after July 29, 1995, shall conclude after 5 years. The corporation shall select program participants representing various geographical regions and populations. A municipality may apply to participate, and the corporation may select a municipality for participation, more than one time. In selecting a municipality, however, the corporation may give priority to those municipalities that have not previously participated.
238.127(2)(f)
(f) For use in selecting the participants in the state main street program under
par. (e), develop objective criteria relating to at least the following issues:
238.127(2)(f)1.
1. Private and public sector interest in and commitment to revitalization of a business area selected by the municipality.
238.127(2)(f)2.
2. Potential private sector investment in a business area selected by the municipality.
238.127(2)(f)3.
3. Local organizational and financial commitment to employ a program manager for not less than 3 years, or not less than 5 years for participants selected after July 29, 1995.
238.127(2)(f)4.
4. Local assistance in paying for the services of a design consultant.
238.127(2)(f)5.
5. Local commitment to assist in training persons to direct activities related to business areas in municipalities that do not participate in the state main street program.
238.127(2)(h)
(h) Provide training, technical assistance and information on the revitalization of business areas to municipalities which do not participate in the state main street program. The corporation may charge reasonable fees for the services and information provided under this paragraph.
238.127(2)(j)
(j) The corporation shall expend at least $250,000 annually on the state main street program.
238.127 History
History: 1987 a. 109;
1993 a. 16;
1995 a. 27;
1999 a. 9;
2011 a. 32 ss.
2860m,
3330c to
3330s; Stats. 2011 s. 238.127; s. 13.92 (1) (bm) 2.
238.13
238.13
Brownfields grant program. 238.13 Note
NOTE: Section 238.13 (title) was renumbered from s. 560.13 (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
238.13(1)(a)
(a) "Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.
238.13(1)(b)
(b) "Brownfields redevelopment" means any work or undertaking by a person to acquire a brownfields facility or site and to raze, demolish, remove, reconstruct, renovate, or rehabilitate the facility or existing buildings, structures, or other improvements at the site for the purpose of promoting the use of the facility or site for commercial, industrial, or other purposes. "Brownfields redevelopment" does not include construction of new facilities on the site for any purpose other than environmental remediation activities.
238.13(1)(d)
(d) "Environmental remediation activities" means investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution; abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.
238.13(1)(g)
(g) "Person" means an individual, partnership, limited liability company, corporation, nonprofit organization, city, village, town, county, or trustee, including a trustee in bankruptcy.
238.13(2)(a)(a) The corporation may make a grant to a person if all of the following apply:
238.13(2)(a)1.
1. The recipient uses the grant proceeds for brownfields redevelopment or associated environmental remediation activities.
238.13(2)(a)1m.
1m. The recipient does not use the grant proceeds to pay lien claims of the department of natural resources or the federal environmental protection agency based on investigation or remediation activities of the department of natural resources or the federal environmental protection agency or to pay delinquent real estate taxes or interest or penalties that relate to those taxes.
238.13(2)(a)2.
2. All of the following are unknown, cannot be located, or are financially unable to pay the cost of environmental remediation activities:
238.13(2)(a)2.a.
a. The party that caused the portion of the environmental contamination that is the basis for the grant request.
238.13(2)(a)2.b.
b. Any person who possessed or controlled the environmental contaminant that is the basis for the grant request before the contaminant was released.
238.13(2)(a)3.
3. The recipient contributes to the cost of the project as provided in
par. (b).
238.13(2)(b)1.1. The contribution required under
par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds. In-kind contributions shall be limited to actual remediation services.
238.13(2)(b)2.
2. For a grant that does not exceed $300,000, the recipient shall be required to contribute not less than 20% of the cost of the project. For a grant that is greater than $300,000 but that does not exceed $700,000, the recipient shall be required to contribute not less than 35% of the cost of the project. For a grant that is greater than $700,000 but that does not exceed $1,250,000, the recipient shall be required to contribute not less than 50% of the cost of the project.
238.13(3)
(3) The corporation may consider the following criteria in making awards under this section:
238.13(3)(a)
(a) The potential of the project to promote economic development in the area.
238.13(3)(c)
(c) The level of financial commitment by the applicant to the project.
