(c) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph primarily related to the health care provider loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the University of Wisconsin System.
(d) Rules and orders. All rules promulgated by the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the University of Wisconsin System. All orders issued by the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the University of Wisconsin System.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the health care provider loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System.
(6) Jobs tax benefit; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.2055 (5) (f) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(7) Jobs tax benefit; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.2055 (5) (f) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.
(8) Forward innovation fund; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.301 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(9) Forward innovation fund; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.301 of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.
(10q) WiSys Technology Foundation, Inc., grant. In each of the fiscal years 2009-10 and 2010-11, from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, the department of commerce shall award to the WiSys Technology Foundation, Inc., a grant of not less than $50,000, for providing intellectual property management services to the University of Wisconsin-Extension and all University of Wisconsin institutions and colleges other than the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee.
(11f) Commercial construction erosion control functions.
(a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.
(b) On or before the first day of the 7th month beginning after the effective date of this subsection, the department of commerce and the department of natural resources shall enter into a memorandum of understanding concerning the transfer of responsibilities relating to commercial building site erosion control from the department of commerce to the department of natural resources. The memorandum of understanding shall include all of the following:
1. The procedure that the department of commerce and the department of natural resources will use to transfer the responsibilities and records relating to erosion control at commercial building sites from the department of commerce to the department of natural resources.
2. The procedure that the department of commerce and the department of natural resources will use to coordinate the responsibilities of the department of natural resources relating to commercial building site erosion control under section 281.33 (3m) of the statutes, as affected by this act, with the responsibilities of the department of commerce relating to the review of essential drawings, calculations, and specifications under section 101.12 of the statutes and to construction site erosion control for one- and 2-family dwellings under section 101.653 of the statutes.
3. The procedure that the department of commerce will use to notify the department of natural resources when the department of commerce receives commercial building plans that may require an erosion control plan.
4. The procedure that the department of natural resources will use to notify the department of commerce when the department of natural resources receives an erosion control plan or a notice of such a plan for commercial building sites.
5. The procedure that the department of natural resources and the department of commerce will use to coordinate the training of building inspectors who are authorized to conduct soil erosion or construction inspections at commercial building sites.
(c) The rules promulgated, and orders issued, by the department of commerce under section 101.1205, 2007 stats., relating to erosion control, sediment control, and storm water management for commercial building sites that are in effect on the effective date of this paragraph shall be considered rules and orders of the department of natural resources on the first day of the 7th month beginning after the effective date of this paragraph and shall remain in effect until rules are promulgated by the department of natural resources under section 281.33 (3m) of the statutes, as affected by this act, relating to erosion control, sediment control, and storm water management for commercial building sites. Any fees collected by the department of natural resources as authorized under the rules promulgated under section 101.1205, 2007 stats., shall be credited to the appropriation under section 20.370 (4) (bj) of the statutes, as affected by this act.
(d) Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 101.1205, 2007 stats., is transferred to the department of natural resources, and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the department of natural resources.
(e) Any delegation of the authority to act under section 101.1205 (4), 2007 stats., made by the department of commerce to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of natural resources.
(f) The department of natural resources shall submit in proposed form the rules required under section 281.33 (3m) (h) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than January 1, 2011.
(11r) Report on at-risk businesses and creation of emergency response team. Not later than 30 days after the effective date of this subsection, the department of commerce shall submit to the cochairpersons of the joint committee on finance a report that identifies retention methods the department could use to identify companies at risk for relocation or expansion outside of this state and that includes a plan to identify businesses outside of this state that are seeking to relocate or expand, or that could be encouraged to relocate or expand through the use of incentives. The department of commerce shall also develop an emergency response team that could contact prospects for expansion or relocation within 24 hours after notification.
(11u) Diesel truck idling reduction; federal moneys. If the department of commerce receives federal moneys under P.L. 111-5 that may be used to award grants under section 560.125 (4) of the statutes, as affected by this act, the department shall expend the federal moneys before expending moneys appropriated under section 20.143 (3) (sm) of the statutes, as affected by this act. When expending federal moneys received under P.L. 111-5 for diesel emission reduction activities, the department of commerce shall, to the extent permitted under federal law, give priority to diesel truck idling reduction activities for motor carriers eligible for grants under section 560.125 (4) of the statutes, as affected by this act. Notwithstanding section 20.143 (3) (sm) of the statutes, as affected by this act, and section 560.125 (2) and (4) (cm) of the statutes, as affected by this act, in fiscal year 2010-11, the department of commerce may not award a grant from the appropriation under section 20.143 (3) (sm) of the statutes, as affected by this act, unless the total amount of federal funds awarded in the 2009-11 fiscal biennium by the department of commerce and the department of natural resources for eligible costs under section 560.125 (4) (a) and (b) of the statutes is less than $2,000,000, in which case the department of commerce may award grants the total amount of which may not exceed the difference between the total amount of federal funds awarded by the department of commerce and the department of natural resources for eligible costs under section 560.125 (4) (a) and (b) of the statutes and $2,000,000. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget bill, the department of commerce shall submit information concerning the appropriation under section 20.143 (3) (sm) of the statutes, as affected by this act, as though the amount appropriated to the department under section 20.143 (3) (sm) of the statutes, as affected by this act, in fiscal year 2010-11 were $1,000,000.
(12h) Beloit children's playground grant. From the appropriation account under section 20.143 (1) (qm) of the statutes, as affected by this act, the department of commerce shall award a grant not to exceed $50,000 to the town of Beloit to pay for 50 percent of the costs of constructing a children's playground at Preservation Park.
(12u) Transitional housing and shelter grants. Notwithstanding section 20.143 (2) (fm) of the statutes, as affected by this act, and sections 560.9806 (2) (a) and 560.9808 (2) (a) of the statutes, in each fiscal year of the 2009-11 fiscal biennium, the department of commerce shall award $500,000 in grants under sections 560.9806 (2) (a) and 560.9808 (2) (a) of the statutes from the appropriation account under section 20.143 (2) (b) of the statutes, as affected by this act, except to the extent that the award of the grants from the appropriation account under section 20.143 (2) (b) of the statutes, as affected by this act, reduces the eligibility of the state or the department of commerce for federal funding.
(13u) Rural outsourcing grants. From the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes, as affected by this act, the department of commerce may award grants during the 2009-11 fiscal biennium to businesses for outsourcing work to rural areas of this state. The department shall require grantees to obtain funding from sources other than the state in an amount at least equal to the amount of the grant. The total amount of grants awarded under this subsection may not exceed $250,000. The department may promulgate rules necessary to administer this subsection.
(14u) Value supply chain grants. From the appropriation under section 20.143 (1) (bt) of the statutes, as created by this act, the department of commerce shall award grants for the development of a value supply chain for the state based on regional economies to identify where supply chain gaps exist and how Wisconsin businesses can fill the gaps. The department may promulgate rules necessary to administer this subsection.
(15u) Economic competitiveness study. In fiscal year 2009-10, using funds from the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes, as affected by this act, the department of commerce shall enter into a contract with a nationally recognized organization to conduct a national and international competitiveness study of the state's economy. The department shall allocate $50,000 for the study under this subsection. The study shall be submitted to the governor and to the legislature under s. 13.172 (2) no later than January 1, 2011. The department may promulgate rules necessary to administer this subsection.
(16i) Grant to Oneida Seven Generations Corporation. In each fiscal year of the 2009-11 fiscal biennium, the department of commerce shall award a grant to Oneida Seven Generations Corporation from funds that were encumbered in the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, under section 560.138 of the statutes, as affected by this act, but were not disbursed for grants to Oneida Small Business, Inc., and Project 2000. The amount of each grant shall equal $1,000,000 or one-half of the total amount of funds that were encumbered but not disbursed, whichever is less. The department of commerce shall require Oneida Seven Generations Corporation to do all of the following:
(a) Submit project-specific plans to the department of commerce detailing the proposed use of the grants for approval by the secretary of commerce.