February 28, 2022 | Number 58 - Corrected Version
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As Session Draws to a Close, League Bills Advance
Last week, the Assembly met for what may have been its last floor date of the 2020-2021 legislative session. The Senate intends to meet the week of March 7th, which will likely be its final floor day of the session.
In floor action last week, the Legislature passed the following bills beneficial to municipalities, each of which will be sent to the Governor for his signature or veto:
SB 900, Relating to use of fill in commercial waterways and establishing shorelines of Great Lakes waters in municipalities. This League initiated bill creates a process for establishing a shoreline boundary in cities and villages along Lake Superior and Lake Michigan which could potentially make it easier to redevelop certain municipal shorelines. The bill also authorizes the use of fill placed in a specified list of commercial river and harbor areas for any public or private purpose, if the fill: (1) was placed before December 9, 1977 and created land that has been at an elevation above the ordinary high water mark (OHWM) since that date. The League thanks Sen. Stroebel (R-Saukville) and Rep. Wittke (R-Racine) for introducing this bill at the request of the League and the Wisconsin Realtors Association.
SB 835, Acquisition of town remnant after incorporation, annexation powers, and extraterritorial zoning jurisdiction. This League and Towns Association compromise bill makes the following changes sought by the League: 1) prohibits a newly incorporated city or village from adding any remaining town remnant for five years by contract or annexation unless the annexation is accomplished by unanimous approval of all the affected property owners; and 2) restores the ability of municipalities to annex territory across county lines. The League thanks Sen. Petrowski (R-Marathon) and Rep. Wittke (R-Racine) for introducing this bill at the request of the League and the Town's Association.
SB 396, Interest paid on property tax refunds. This League initiated bill requires all taxing jurisdictions, including the county and the school district, to contribute to the cost of interest payments on property tax refunds. The bill also modernizes the calculation of interest paid on certain property tax refunds. The League thanks Sen. Petrowski (R-Marathon) and Rep. Brooks (R-Saukville) for introducing this bill at our request.
SB 692, Expansion of Property Assessed Clean Energy program. This League initiated bill makes a number of changes to the property assessed clean energy (PACE) program. The PACE program allows a city, village, town, or county to make a loan or enter into an agreement regarding loan repayments to a third party for financing, to the owner or lessee of a commercial premises for certain clean energy projects. The political subdivision may collect the loan repayment as a special charge. Very generally, the bill: (1) expands the types of projects eligible for PACE financing; (2) changes the requirements for accessing that financing; and (3) changes the timing of when a lien attaches to the property. The League thanks Sen. Cowles (R-Green Bay) and Rep. Thiesfeldt (R-Fond du Lac), for introducing this bill.
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Status of Bills the League Opposes
SB 573, Prohibiting local governments from owning, operating, managing, leasing, or controlling an electric vehicle charging station except under narrow specified circumstances. The League opposes this bill. The Assembly passed an amended version of the bill last week. The Senate will likely concur in the amended version when it meets next week. We plan to join the Counties Association and the Towns Association in asking the Governor to veto SB 573.
AB 610, Prohibiting Certain Property Tax Assessment Practices. The League continues to oppose this bill despite the authors making significant amendments designed to remove our opposition. While we appreciate the changes, the bill remains problematic and we intend to ask the Governor to veto it if the Senate acts on it next week. However, the bill appears to be dead in light of what occurred in the Senate last week. The bill along with an amendment was scheduled for a floor vote last Tuesday, but because six Republican Senators expressed opposition to AB 610 in a caucus meeting held prior to the floor session, the bill was removed from the calendar and referred back to the Senate Committee on Organization. League staff thanks the many municipal officials who contacted their Senators and urged them to oppose AB 610. Your efforts were successful.
AB 608/SB 840, Mandating Certain Municipal Zoning and Subdivision Practices Relating to Multifamily and Workforce Housing Projects. Last fall, the Assembly passed a version of AB 608 requiring municipalities to do the following:
1. Provide at least one zoning district in which multifamily housing providing not fewer than 16 residential units per acre is a permitted use.
2. Permit residential use at a density of at least 16 units per acre in any commercial zoning district.
3. Establish a process for approving or denying a workforce housing project within 90 days of receiving application.
4. Approve any "workforce housing project" consistent with the housing element of the community’s comprehensive plan or with the community’s zoning ordinance unless the community can demonstrate the project would have a significant, quantifiable, direct, and unavoidable public health or safety impact.
5. Assign street addresses to lots within an approved subdivision plat no later than the date on which the plat is approved.
Last week, the Senate Committee on Housing, voted 3-2 to recommend passage of a substitute amendment to SB 840 eliminating items 1-3 above but retaining items 4 and 5. The League continues to oppose SB 840. Read our joint memo with the Towns Association in opposition to the sub amendment here.
Even if the Senate passes the amended version of SB 840 next week, the Assembly would need to meet and concur in the amended version of the bill. However, it is unlikely the Assembly will be reconvening on the floor again this session. Therefore, it appears this bill is likely dead for the session.
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Assembly Passes Bill Creating Medicaid Supplemental Payments for Municipal EMS
Last week, the Assembly passed by a vote of 94-1 AB 874, a bill the League supports enabling municipalities to recover a greater amount of the cost they incur when providing ambulance services to Medicaid patients. Currently, only a portion of each Medicaid call is reimbursed by the federal Medicaid program.
Nearly 80 percent of the emergency medical services in Wisconsin are owned, operated, or supported by city, village, and town governments. Many of these municipal EMS departments serve varying percentages of Medicaid patients. This bill offers valuable help for funding a vital local government service. The League thanks Rep. Loudenbeck (R-Clinton) and Sen. Felzkowski (R-Irma) and their staff for working with interested stakeholders to draft this legislation.
The bill is available to be scheduled for a floor vote in the Senate, hopefully next week.
Last week, the Natural Resources Board took the following actions regarding proposed PFAS water quality standards:
- NR 140, Ground Water rule revision DG-15-19 - Failed – did not pass, will not be forwarded to the Governor or Legislature, scope will expire. League provided technical comments, but did not oppose.
- NR 809, Drinking Water rule revision DG-24-19 Failed at 20 ppt, amended to 70ppt and passed – League supported waiting for EPA to set maximum contaminant level (draft expected this fall). The Board's action, if approved by the legislature, would require testing and sampling as 70ppt of PFAS would be the maximum contaminant level in Wisconsin.
- NR 105, 106, 219, Surface Water rule revision WY-23-19 passed as proposed – League supported the methodology in this rule creating a narrative rather than numeric PFAS water quality effluent standard.
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RECENTLY INTRODUCED LEGISLATION
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While new bills continue to be introduced, any bill introduced at this point in the session, which is likely to end next week, is dead on arrival. consequently, we are discontinuing summaries of newly introduced bills for this session.
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PUBLIC HEARINGS THIS WEEK
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IN THE NEWS
(Paywalls may apply)
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Click here to like this interview on the League’s Facebook page. Click here to like, comment and share this from the League’s LinkedIn page.
Wisconsin bill reveals fight over control, profit on electric vehicle charging stations Read the article.
Click here to Tweet this article from the WEDC account.
FAQ: How could changing the city of Ripon’s zoning code promote affordable housing? Read the article.
Click here to like, comment and share this article on the League’s Facebook page.
Click here to like, comment and share this article on the League’s LinkedIn page.
Small cities seek to compete for historic infrastructure funds Read the article.
Retaining Government Workers More Complicated Than Throwing Money at Them Read the article.
With increased number of unsheltered residents, La Crosse will use federal recovery funds to create bridge housing site Read the article.
Spectrum brings high-speed internet to Fond du Lac, Nekimi, Black Wolf areas using FCC funds for rural communities Read the article.
Could City Become Magnet For Remote Workers? Milwaukee Department of City Development studies ways to lure remote workers to live here. Read the article.
Superior Days delegates share stories, ask questions in Madison Read the article.
Top-three takeaways from the recent Green Lake Park & Recreation Board meeting (LWMMI Parks Grant) Read the article.
Accela and City of Madison, Wisconsin Win National League of Cities' Capstone Challenge Series Read the article.
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2nd Tuesday of every month.
March 8, 2022, 12:00-1:00 via Zoom
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Human Resources for Small Communities
Tuesday, March 8, 9, 10, & 11, 2022 from 10:00 AM-11:00 AM via Zoom
This workshop is Wisconsin Municipal Clerks Association credit eligible.
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The League's Winter Chief Executives Workshop
March 22, 23 and 24 - Virtual - $50.
Magnetic Communities, Solving the Daycare Dilemma, Grants Panel.
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The League's Building Inspectors Institute
April 20-22, 2022
Lake Lawn Resort, Delavan
Attendees will receive: 12 Commercial Building, 12 UDC Building and 6 UDC HVAC credits
The League's Plumbing Inspectors Institute
April 20-22, 2022
Lake Lawn Resort, Delavan
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Sign up now for the League's Popular Local Government 101
Workbook included for ALL participants - print or USB.
Via Zoom:
May 6 - Webinar
September 9 - Webinar
If you register for the Local Govt 101 webinar, you can participate in any of the Local Govt webinars within a year from your registration. Mix and match the four segments - take them all in one-day or attend when you can.
In-person:
May 13, 2022 – Eau Claire, The Lismore Hotel
June 3, 2022 – Madison Marriott West
September 16, 2022 – Milwaukee - TBD
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Email questions or comments to:
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