66.0314 Note
NOTE: 2003 Wis. Act 186, which affected this section, contains extensive explanatory notes.
66.0315
66.0315
Municipal cooperation; federal rivers, harbors or water resources projects. A county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to a project and may do all things necessary to consummate the agreement. If a project will affect more than one municipality, the municipalities affected may jointly enter into an agreement under this section with an agency of the federal government carrying any terms and provisions concerning the division of costs and responsibilities that are mutually agreed upon. The affected municipalities may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of the arbitration board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.
66.0315 History
History: 1999 a. 150 s.
456; Stats. 1999 s. 66.0315.
66.0316
66.0316
Renew Wisconsin performance review. 66.0316(1)(a)
(a) "Analysis" means a performance analysis of the cost and benefit of a political subdivision providing a governmental service compared to a private person providing the same service.
66.0316(1)(e)
(e) "Governmental service" means a service related to any of the following:
66.0316(1)(f)
(f) "Political subdivision" means any city, village, town, or county with a population greater than 2,500.
66.0316(2)
(2) Pilot program. The department shall establish a pilot program to study governmental services delivered by and to political subdivisions. The department shall solicit political subdivisions to participate in the program. Based on the department's solicitation, the department shall select 5 political subdivisions to form councils as provided under
sub. (3) and shall include in that selection at least one county and at least one city, village, or town.
66.0316(3)(a)(a) No later than January 1, 2002, each political subdivision selected under
sub. (2) shall create a council consisting of 5 members, as follows:
66.0316(3)(a)1.
1. The chief executive officer of the political subdivision, or his or her designee.
66.0316(3)(a)2.
2. A member who is an employee of the political subdivision.
66.0316(3)(a)3.
3. A member with cost accounting experience who is a resident of the political subdivision and who is not a political subdivision officer or employee.
66.0316(3)(a)4.
4. Two members, not including the member under
subd. 3., who are residents of the political subdivision and who are not political subdivision officers or employees.
66.0316(3)(b)
(b) The political subdivision's chief executive officer shall appoint the council members under
par. (a) 2. to
4. The chief executive officer shall appoint 2 members to initial terms of 2 years and the remaining 2 members to initial terms of 4 years. The chief executive officer shall appoint the respective successors of the members under
par. (a) 2. to
4. to terms of 4 years. All members under
par. (a) 2. to
4. shall serve until their successors are appointed and qualified.
66.0316(3)(c)
(c) The council shall organize annually at its first meeting to elect a chairperson. Four members of the council shall constitute a quorum.
66.0316(4)
(4) Duties of council. The council shall conduct an analysis of governmental services provided by the political subdivision with which the council is affiliated. In conducting such an analysis, the council shall do all of the following:
66.0316(4)(a)
(a) Establish specific benchmarks for performance, including goals related to intergovernmental cooperation to provide governmental services.
66.0316(4)(b)
(b) Conduct research and establish new methods to promote efficiency in the delivery of governmental services.
66.0316(4)(c)
(c) Identify and recommend collaborative agreements to be developed with other political subdivisions to deliver governmental services.
66.0316(5)(a)(a) A council may conduct an analysis of a governmental service provided by the political subdivision with which the council is affiliated on its own or after receiving any of the following:
66.0316(5)(a)1.
1. A written suggestion regarding delegating a governmental service to a private person.
66.0316(5)(a)2.
2. A written complaint that a governmental service provided by the political subdivision is competing with the same or a similar service provided by a private person.
66.0316(5)(a)3.
3. A written suggestion by a political subdivision employee or political subdivision employee labor organization to review a governmental service delegated to a private person.
66.0316(5)(b)
(b) After receiving a suggestion or complaint under
par. (a), the council shall meet to decide whether an analysis of the governmental service indicated in the suggestion or complaint is necessary. The council may hold hearings, conduct inquiries, and gather data to make its decision. If the council decides to analyze a governmental service under this paragraph, the council shall do all of the following:
66.0316(5)(b)1.
1. Determine the costs of providing the governmental service, including the cost of personnel and capital assets used in providing the service.
66.0316(5)(b)2.
2. Determine how often and to what extent the governmental service is provided and the quality of the governmental service provided.
66.0316(5)(b)3.
3. Make a cost-benefit determination based on the findings under
subds. 1. and
2.
66.0316(5)(b)4.
4. Determine whether a private person can provide the governmental service at a cost savings to the political subdivision providing the service and at a quality at least equal to the quality of the service provided by the political subdivision.
66.0316(5)(b)5.
5. If the council decides that a governmental service is not suitable for delegating to a private person, determine whether the governmental service should be retained in its present form, modified, or eliminated.
66.0316(5)(c)
(c) After completing an analysis under
par. (b), the council shall make a recommendation to the political subdivision providing the governmental service analyzed under
par. (b) and publish the council's recommendation. The recommendation shall specify the recommendation's impact on the political subdivision and the political subdivision's employees.
66.0316(6)
(6) Training and assistance. The board of regents of the University of Wisconsin System shall direct the extension to assist councils created under this section in performing their duties under
subs. (4) and
(5). The board of regents shall ensure that council members are trained in how to do all of the following:
66.0316(6)(b)
(b) Determine ways to improve the efficiency of delivering a governmental service.
66.0316(6)(c)
(c) Establish, quantify, and monitor performance standards.
66.0316(7)(a)(a) On or before June 30, 2002, each council shall submit a report to the department describing the council's activities.
66.0316(7)(b)
(b) On or before June 30, 2003, each council shall submit a final report to the department describing the council's activities and recommendations and the extent to which its recommendations have been adopted by the political subdivision with which the council is affiliated. A report submitted under this paragraph shall provide a detailed explanation of all analyses conducted under
subs. (4) and
(5).
66.0316(7)(c)
(c) On or before July 31, 2003, the department shall submit a report concerning the activities and recommendations described in the reports submitted under
pars. (a) and
(b) to the legislature under
s. 13.172 (2) and to the governor. The department's report shall describe ways to implement such recommendations statewide.
66.0316 History
History: 2001 a. 16.
66.0317
66.0317
Cooperation region. 66.0317(1)(a)
(a) "Cooperation region" means a federal standard metropolitan statistical area. For purposes of this section, if only a part of a county is located in a federal standard metropolitan statistical area the entire county is considered to be located in the federal standard metropolitan statistical area.
66.0317(1)(c)
(c) "Metropolitan service delivery" means any governmental service provided to a city that is provided by the city or by another city or by a town, village, or county and provided on a multijurisdictional basis.
66.0317(1)(d)
(d) "Municipality" means any city, village, or town.
66.0317(2)(a)1.1. Except as provided in
subd. 3., beginning in 2003, a municipality shall enter into an area cooperation compact with at least 2 municipalities or counties located in the same cooperation region as the municipality, or with any combination of at least 2 such entities, to perform at least 2 governmental services.
66.0317(2)(a)3.
3. A municipality that is not adjacent to at least 2 other municipalities located in the same cooperation region as the municipality may enter into a cooperation compact with any adjacent municipality or with the county in which the municipality is located to perform the number of governmental services as specified under
subd. 1.
66.0317(2)(b)
(b) An area cooperation compact shall provide a plan for any municipalities or counties that enter into the compact to collaborate to provide governmental services. The compact shall provide benchmarks to measure the plan's progress and provide outcome-based performance measures to evaluate the plan's success. Municipalities and counties that enter into the compact shall structure the compact in a way that results in significant tax savings to taxpayers within those municipalities and counties.
66.0317 History
History: 2001 a. 16,
106;
2005 a. 164.
REGULATION
66.0401
66.0401
Regulation relating to solar and wind energy systems. 66.0401(1e)(a)
(a) "Application for approval" means an application for approval of a wind energy system under rules promulgated by the commission under
s. 196.378 (4g) (c) 1.
66.0401(1e)(c)
(c) "Political subdivision" means a city, village, town, or county.
66.0401(1m)
(1m) Authority to restrict systems limited. No political subdivision may place any restriction, either directly or in effect, on the installation or use of a wind energy system that is more restrictive than the rules promulgated by the commission under
s. 196.378 (4g) (b). No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in
s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:
66.0401(1m)(a)
(a) Serves to preserve or protect the public health or safety.
66.0401(1m)(b)
(b) Does not significantly increase the cost of the system or significantly decrease its efficiency.
66.0401(1m)(c)
(c) Allows for an alternative system of comparable cost and efficiency.
66.0401(2)
(2) Authority to require trimming of blocking vegetation. Subject to
sub. (6) (a), a political subdivision may enact an ordinance relating to the trimming of vegetation that blocks solar energy, as defined in
s. 66.0403 (1) (k), from a collector surface, as defined under
s. 700.41 (2) (b), or that blocks wind from a wind energy system. The ordinance may include a designation of responsibility for the costs of the trimming. The ordinance may not require the trimming of vegetation that was planted by the owner or occupant of the property on which the vegetation is located before the installation of the solar or wind energy system.
66.0401(3)
(3) Testing activities. A political subdivision may not prohibit or restrict any person from conducting testing activities to determine the suitability of a site for the placement of a wind energy system. A political subdivision objecting to such testing may petition the commission to impose reasonable restrictions on the testing activity.
