American Rescue Plan Includes $65 billion for cities and villages

March 8, 2021 | Number 10

U.S. Senate Passes American Rescue Plan

Over the weekend, the Senate passed a slightly modified version of the latest COVID relief bill, the American Rescue Plan. The final package passed by the Senate includes full funding for cities and villages as passed by the House weeks earlier. The bill with $65 billion for municipalities is headed back to the House where it will likely pass without further amendments this week.

Last week, the Senate's initial draft of the package cut money to municipalities by $5 billion. The final package had the $5 billion restored.

Under the bill, payments to municipalities will be in tranches with two equal payments 12 months apart. Also, a Senate amendment expanded the list of allowable expenditures to include “To make necessary investments in water, sewer, or broadband infrastructure.”

We will provide more details on the latest federal stimulus when the House concurs in the Senate's amendments and sends the package to President Biden, which we anticipate happening this week.

Supreme Court Refuses Dark Store Case

Wisconsin courts continue to reject dark store arguments presented by big box stores attempting to reduce their assessments. On February 24, 2021 the Wisconsin Supreme Court denied Lowe’s Home Centers’ petition for review of a October 29, 2020 Court of Appeals decision affirming a trial court decision dismissing an excessive tax assessment claim filed by Lowe's against the Village of Plover for the 2016 and 2017 tax years.

The League filed an amicus brief with the court of appeals in support of the Village of Plover’s assessment. Wisconsin Manufacturers & Commerce filed an amicus brief with the Wisconsin Supreme Court in support of Lowe’s petition for review.

Read more here.

Opportunity to comment on DNR's Proposed Closure of Contaminated Sites Guidance

DNR's Remediation and Redevelopment (RR) Program is seeking input on the publication RR-606, Guidance on the Case Closure Process and Continuing Obligations: Wis. Admin. Code chs. NR 725 to727.

The purpose of the guidance is to guide users in preparing for a contaminated redevelopment site case closure request, particularly at sites where contamination remains after response actions are complete and continuing obligations are needed to address exposure pathways. This guidance document is intended for use by responsible parties, consultants or other interested parties, Wisconsin Department of Natural Resources staff and Wisconsin Department of Agriculture, Trade and Consumer Protection staff.

The above document can also be found at the RR Program’s Public Notices & Guidance web page under the “Program Guidance” tab. Comments may be submitted through March 24, 2021 to Jane Lemcke at [email protected] or [email protected].

Proposed Changes to MSA Population Threshold

The Federal Office of Management and Budget (OMB) is seeking public comments on a proposal to change the definition of Metropolitan Statistical Area (MSA). The change would increase the minimum urban population from 50,000 to 100,000. There are five MSAs in Wisconsin (Janesville-Beloit, Sheboygan, Fond du Lac, Oshkosh, and Wausau) that would be directly affected.

Review the proposed changes and comment on them here. https://www.regulations.gov/docket/OMB-2021-0001/document

Municipal Transportation Funding Needs -- Tell your Story

We need your help to convince the Legislature of the need for additional transportation funding. The League is partnering with the Transportation Development Association of Wisconsin (TDA) on an effort to inform legislators and the public about local transportation needs to help advocate for additional funding.

As an example, read “Communities Keep Up with Aging Infrastructure,” detailing Barneveld’s street project which was published in the March 2021 issue of The Municipality magazine on page 16.

If you have a transportation infrastructure need or funding story to share, please send an email to Gail Sumi, League Member Engagement Director, at [email protected] and she will work with you to publicize the need for funding.

NOTE: This shouldn't take much time as you've already gathered the data for your MLS application! Let us share your story with legislators.

RECENTLY INTRODUCED LEGISLATION

AB 146, Homelessness and Housing Grants. This bill provides:

an additional $900,000 in each fiscal year of the 2021-23 fiscal biennium for grants to provide housing and associated supportive services to homeless individuals and families.
an additional $500,000 in each fiscal year of the 2021-23 fiscal biennium for grants or loans to persons or families of low or moderate income to defray housing costs.
$300,000 for grants or loans to eligible organizations to assist persons or families of low or moderate income to obtain and participate in diversion programming.
$300,000 to be used by the Department of Administration to provide grants to Continuum of Care organizations for hiring housing navigators.

Representative Steineke (R-Kaukauna) and Senator Bernier (R-Chippewa Falls). The League supports this bill.

SB 165, Disclosure of Police Employment Files when Recruiting Former or Current Officers. The bill requires each law enforcement agency to maintain an employment file for each employee. Under the bill, when a law enforcement agency, jail, or juvenile detention facility is recruiting for new officers, the agency, jail, or facility must require each candidate that is or has been employed by a different agency, jail, or facility to authorize that employer to disclose his or her employment files to the recruiting agency, jail, or facility and to release that employer from any liability related to the use and disclosure of the files. Sen. Testin (R-Stevens Point). The League supports this bill.

SB 167, Examination of Building and Plumbing Plans. The bill creates an exception from building plan examination requirements. Under the bill, DSPS may not require the submission or examination of building plans for a commercial building that:

is a single story containing less than 200,000 cubic feet of volume;
is not classified by DSPS as intended for certain occupancies and uses, including high hazard uses and educational uses; and
a registered architect, registered professional engineer, or designer permit holder prepares and signs, dates, and seals or stamps the building plans.

The bill also creates a similar exception for plumbing plan examination requirements. Under the bill, DSPS may not require the examination of plumbing plans for a plumbing system that:

involves no more than 25 plumbing fixtures;
is in connection with a building or structure that is not classified by DSPS as intended for certain occupancies and uses, including high hazard uses and educational uses; and
a registered architect, registered professional engineer, or designer permit holder prepares and signs, dates, and seals or stamps, or a licensed master plumber, licensed master plumber (restricted), or utility contractor signs and dates, the plumbing plans.

Senator Roth (R-Appleton) and Representative J. Rodriguez (R-Oak Creek). The League has not yet taken a position on this bill.

SB 172, State Workforce Housing Income and Franchise Tax Credit. This bill creates a state workforce housing tax credit program that is administered by the Wisconsin Housing and Economic Development Authority. Under the bill, WHEDA may certify a person to claim a nonrefundable credit to offset income and franchise taxes if all of the following conditions are satisfied:

The person has an ownership interest in a qualified housing development.
The tax credit is necessary for the financial feasibility of the development.
The qualified housing development is the subject of a recorded restrictive covenant requiring that the development be maintained and operated as a qualified housing development for at least 10 years.
The tax credit certification is issued in accordance with a qualified allocation plan established by WHEDA.

The bill also requires that WHEDA give preference to qualified housing developments located in a city, village, or town of fewer than 150,000 residents and caps the amount of credits WHEDA may issue each year. Senator Bernier (R-Chippewa Falls) and Representative Summerfield (R-Bloomer). The League supports this bill.

PUBLIC HEARINGS THIS WEEK

AB 91, Relating to: throwing or expelling a bodily substance at a public safety worker or prosecutor. By Assembly Committee on Criminal Justice and Public Safety on Wednesday, March 10, at 10:00 a.m. in the North Hearing Room, State Capitol. The League supports this bill.

AB 47, Qualification of newspapers to receive compensation for publication of legal notices and requirements relating to publication. By Assembly Local Government Committee on Wednesday, March 10, at 1:00 p.m. in room 412 East, State Capitol. The League is neutral on this bill.

SB 156, Expanding the clean sweep program to include collection of certain fire fighting foams and making an appropriation. By Senate Committee on Natural Resources and Energy on Thursday, March 11, at 10:00 a.m. in 411 South, State Capitol. The League supports this bill.

SB 119, Decreasing shared revenue payments to municipalities based on decreased funding for law enforcement officers. By Senate Committee on Judiciary and Public Safety on Thursday, March 11, at 10:00 a.m. in 417 North, State Capitol. The League opposes this bill.

SB 165, Disclosure of Police employment files when recruiting former or current officers. By Senate Committee on Judiciary and Public Safety on Thursday, March 11, at 10:00 a.m. in 417 North, State Capitol. The League supports this bill.

SB 118, The creation of an independent use of force review advisory board. By Senate Committee on Judiciary and Public Safety on Thursday, March 11, at 10:00 a.m. in 417 North, State Capitol. The League is neutral on this bill.

IN THE NEWS

(Paywalls may apply)

What’s in the Senate’s $1.9 trillion covid bill: Checks, unemployment insurance and more Read the article.

UPDATED: Town of Campbell asks city of La Crosse to test all private wells for PFAS Read the article. Click here to comment on this article on the League's LinkedIn page.

Milwaukee business leaders to push for sales tax plan after Assembly Speaker Vos says 'no chance' Read the article. (Paywall may apply.)

Superior creates committee to combat human trafficking Read the article. Click here to like this article on the League's Facebook page.

Empty Office Buildings Squeeze City Budgets as Property Values Fall

Read the article. (New York Times paywall may apply.)

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