October 11, 2021 | Number 41
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Click here to register for the League's 123rd Annual Conference.
Oct. 12-14 via Zoom. Oct. 20-22 in Green Bay.
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Housing Package Introduced and Fast Tracked
Late last week, the Assembly introduced eight bills (described below in the recently introduced legislation section) with the goal of addressing Wisconsin's lagging housing market. While it is obvious that these bills are on the fast track in the Assembly, it is less clear what their fate will be in the Senate and where the Governor stands on these proposals. For municipalities, some of the bills have merit, but there are three specific proposals the League opposes including:
AB 605 mandates that local governments spend 10% or one million dollars, which ever is less, on a series of actives related to workforce housing, loans, streets, sewer, water low interest or no interest loans, and other elements.
AB 608 requires that any municipality that has a zoning ordinance and that furnishes water and sewer service must:
- provide at least one district in which multifamily housing providing not fewer than 16 residential units per acre is a permitted use and
- with certain limitations, permit residential use at a density of at least 16 residential units per acre in any district designated for commercial use.
A political subdivision must also establish a process for approving, denying, or conditionally approving an application for approval of a workforce housing project within 90 days of receiving the application and approve
any application for approval of a workforce housing project that is consistent with the housing element of the political subdivision's comprehensive plan or zoning ordinance unless adverse impacts on public health or safety can be demonstrated.
AB 610 prohibits assessors from the following practices when assessing the value of real property for property tax purposes:
- Using mortgages or bank appraisals, or any portion thereof, to determine the assessed value.
- Using projected rents and other future or anticipated benefits to determine fair market value.
- Using list and asking prices or rents to determine fair market value.
- Using price trends to determine fair market value in order to increase the value of multiple properties by a general amount or percentage.
- Considering the value of a club house, swimming pool, or other amenity that is part of a multifamily property when assessing the multifamily property if the club house receives minimal or no rental income, regardless of whether the club house is located on a separate lot.
The bill also provides that when there is an inconsistency or ambiguity between the Wisconsin Property Assessment Manual and a statute, the statute controls the practices of the assessor.
The League is opposed to both of these provisions due to the attempt to limit local control and we will appear to testify at the public hearing on Tuesday.
ARPA Revenue Loss Calculator
With the Office of Recovery Programs at the U.S. Department of the Treasury recently announcing the extension for reporting deadlines that were originally required to be submitted on October 31st to January 31st for metropolitan cities, counties, states and territories and April 30th for NEUs (cities and villages under 50,000 in population), the League, Town's Association and the Department of Revenue have launched a new revenue loss calculation tool. See the press release announcing the partnership and calculator here under the tool.
Additional State Grants Open
Equitable Recovery Grant Program - Applications Just Launched!
The Equitable Recovery Grant Program will provide $50 million to assist community-based organizations working to increase equity and eliminating disparities, by providing services and programming to Wisconsin residents disproportionately impacted by the COVID-19 pandemic.
Grants up to $1,000,000 will be provided per eligible nonprofit organization.
Applications are open through November 5, 2021 and will be evaluated in two separate award allocations:
- $25 million for health, early childhood, education
- $25 million for economic support, housing, environmental justice
Interested organizations can find additional information for the Equitable Recovery Grant Program available here.
Tourism Capital Grant Program - Applications Just Launched!
The Tourism Capital Grant Program will provide up to $10 million for local and Tribal governments and tourism-related nonprofits to invest in shovel-ready tourism-related capital projects.
Grants of up to $3.5 million will be awarded through a competitive application process. The grant application will be administered by DOA and will remain open through November 12, 2021.
Eligibility criteria and grant application materials for the Tourism Capital Grant Program, as well as information about an upcoming program webinar and Q&A submissions, are available on the program website.
There are several other grant programs available to local communities to aid in the recovery from the pandemic including:
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RECENTLY INTRODUCED LEGISLATION
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AB 596/SB 596, Financial Institution Modernization Act. This bill has a couple of provisions that specifically impact municipalities including:
- Under current law, municipal deposits are guaranteed up to $250,000 through the Federal Deposit Insurance Corporation (FDIC) and up to an additional $400,000 through the Department of Financial Institutions (DFI) through the Municipal Deposit Guarantee Program. This bill increases the existing insurance for municipal deposits, up to $1 million making municipal loan deposits in smaller institutions more available.
- Under current law, municipalities may require certain buildings to have access boxes, which contain keys to the premise, and in some cases all secure spaces, enabling first responders to access the locked building without forced entry. These requirements do not contemplate the security needs of individual buildings, such as financial institutions which contain significant stores of cash and other tangible assets or personally identifying information and data. To prevent security lapses, the bill exempts financial institutions from access box requirements.
- The bill allows a municipality to borrow from a financial institution with a repayment term of 20 years – the same term allowable for loans through the BCPL.
By Representative Katsma (R-Oostburg) and Senator Marklein (R-Spring Green).The League supports this bill.
AB 603, Shovel-Ready Workforce Housing Development Site Program. This bill requires the Wisconsin Economic Development Corporation to implement a program under which it must certify residential real estate developments as shovel-ready if they meet certain criteria. In addition, WEDC is required to establish procedures to expedite permits for sites certified as shovel-ready and requires local governmental units and executive branch state agencies to give priority to, and use all reasonable means to expedite, permits required for sites certified as shovel-ready. By Representative Dallman (R-Green Lake) and Senator Feyen (R-Fond du Lac). The League is still determining a position on this bill.
AB 604, Pay for Performance Grant Requirements, Housing Navigator Grants, and Use of Public Lands to Provide Temporary Residence for the Homeless. This bill establishes “pay for performance” requirements for certain “eligible grants.” For each eligible grant, DOA must withhold between 10 and 50 percent of the amount of the eligible grant for at least six months after the award until the grant recipient demonstrates that it has met one or more performance objectives.
This bill also authorizes DOA to designate any public property for use as a “structured camping facility” and prohibits temporary habitation on public property that is not designated as a “structured camping facility.” This includes all public property under the jurisdiction of a political subdivision. By Representative Dallman (R-Green Lake) and Senator Bernier (R-Chippewa Falls). The League opposes this bill.
AB 605, Municipal Workforce Housing Incentive Program. Mandates local governments spend 10% or one million dollars, which ever is less, on a series of actives related to workforce housing, loans, streets, sewer, water low interest or no interest loans, etcetera. By Representative Brooks (R-Saukville). The League opposes this bill.
AB 606, Sales Tax Exemption for Materials Used to Construct Workforce Housing Projects or Developments. This bill creates a sales and use tax exemption for the sale of building materials, supplies, and equipment and landscaping and lawn maintenance services if the property or service is acquired solely for, or used solely in, the construction or development of a workforce housing development or is acquired solely for, or used solely in, a workforce housing rehabilitation project. By Representative Pronschinske (R-Mondovi) and Senator Feyen (R-Fond du Lac). The League is neutral on this bill.
AB 607, Workforce Housing Rehabilitation Loan Program. This bill authorizes the Wisconsin Housing and Economic Development Authority to make low-interest or no-interest loans for the rehabilitation of certain residential properties if the rehabilitation consists of structural improvements or the removal of lead paint. By Representative Penterman (R-Columbus) and Senator Roth (R-Appleton). The League is neutral on this bill.
AB 608, Local Approvals of Workforce Housing Projects and Zoning for Certain Residential Uses. Any entity that provides sewer and water must provide a zoning district in which multi family housing (16 units per acre) is a permitted use. Also establishes an 90 day appeals process upon denial of permit from the local government by which the developer could appeal to the circuit court. By Representative Brooks (R-Saukville). The League opposes this bill.
AB 609, Local Housing Investment Fund Programs. This bill allows a municipality to establish a local housing investment fund program. Under such a program, a municipality may designate qualifying parcels as housing investment fund properties and collect tax revenues on any valuation increases on these properties. These revenues may be used only for certain purposes related to increasing the supply of housing available for persons with moderate income, including providing financing for the provision of new workforce housing units, funding infrastructure costs related to the provision of workforce housing, and funding improvements to workforce housing units owned by the municipality or the county in which the municipality is located. By Representative Armstrong (R-Rice Lake) and Senator Taylor (D-Milwaukee). This is a League initiated bill along with the City of Milwaukee.
AB 610, Prohibiting Certain Property Tax Assessment Practices. This bill limits how and what information assessors may utilize when assessing the value of real property for property tax purposes:
The bill also provides that when there is an inconsistency or ambiguity between the Wisconsin Property Assessment Manual and a statute, the statute controls the practices of the assessor. By Representative Brooks (R-Saukville) and Senator Feyen (R-Fond du Lac). The League opposes this bill.
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PUBLIC HEARINGS THIS WEEK
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AB 517, Environmental Pollution in an Environmental Remediation Tax Incremental District. By the Assembly Ways and Means Committee, on Tuesday, October 12th, at 10:01 am in room 225 Northwest, State Capitol. The League supports this bill.
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IN THE NEWS
(Paywalls may apply)
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League, WTA: ARPA revenue loss calculator result of towns/league partnership Read the article.
Federal judges freeze Wisconsin redistricting lawsuit, will step in if needed Read the article.
Judge orders release of records from Wisconsin election investigation Read the article.
GOP election investigation head refutes reports of scaled-back subpoenas: Subpoenas sent earlier this week to Wisconsin mayors called for documents, interviews Read the article.
DHS to increase COVID-19 testing capacity, relaunches community testing program Read the article.
Watch now: Madison pop-up shop program showcases diverse State Street retailers Read the article.
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November 9 and December 14, 2021, 12:00-1:00
(Due to the 123rd Annual Conference Workshops via Zoom, Oct. 13-15.)
The League's 123rd Annual Conference
Pre-conference Webinars October 12-14 Via Zoom
Annual Conference October 20-22
K-I Center, Green Bay
Police & Fire Commission Workshop
November 3, 2021 in Wisconsin Dells
Wilderness Resort, Glacier Canyon Conference Center
Human Resources for Small Communities
Three one-hour long webinars
November 9-11, 2021
10AM each day
Municipal Water Issues Web Series
December 7, 8, & 9, 2021
12PM each day
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Email questions or comments to:
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