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SB21-SSA1,595,224 d. Requires any approval or imposes any fee or mitigation requirement for, or
25otherwise prohibits or regulates, the vertical expansion of a nonconforming

1structure unless the vertical expansion would extend more than 35 feet above grade
2level.
SB21-SSA1,595,63 e. Establishes standards for impervious surfaces unless the standards provide
4that a surface is considered pervious if the runoff from the surface is treated by a
5device or system, or is discharged to an internally drained pervious area, that retains
6the runoff on or off the parcel to allow infiltration into the soil.
SB21-SSA1,595,97 2. A county shoreland zoning ordinance shall allow an activity specified under
8subd. 1. b. to expand the footprint of a nonconforming structure if the expansion is
9necessary for the structure to comply with applicable state or federal requirements.
SB21-SSA1,595,1210 3. a. Nothing in this section prohibits the department from establishing a
11shoreland zoning standard that allows the vertical or lateral expansion of a
12nonconforming structure.
SB21-SSA1,595,1613 b. Nothing in this section prohibits a county from enacting a shoreland zoning
14ordinance that allows the vertical or lateral expansion of a nonconforming structure
15if the ordinance does not conflict with shoreland zoning standards established by the
16department.
SB21-SSA1,1922g 17Section 1922g. 59.692 (1m) of the statutes is renumbered 59.692 (1c).
SB21-SSA1,1922h 18Section 1922h. 59.692 (1s) of the statutes is repealed.
SB21-SSA1,1922i 19Section 1922i. 59.692 (2m) (a) and (b) (intro.) and 1. of the statutes are
20repealed.
SB21-SSA1,1922j 21Section 1922j. 59.692 (2m) (b) 2. of the statutes is renumbered 59.692 (2m)
22and amended to read:
SB21-SSA1,596,223 59.692 (2m) Regulates A county shoreland zoning ordinance may not regulate
24the construction of a structure or building on a substandard lot if in a manner that

1provision is more restrictive than the shoreland zoning standards for substandard
2lots promulgated by the department under this section.
SB21-SSA1,1922k 3Section 1922k. 59.692 (4) (b) of the statutes is amended to read:
SB21-SSA1,596,94 59.692 (4) (b) Variances and appeals regarding shorelands within a county are
5for the board of adjustment for that county under s. 59.694, and the procedures of
6that section apply. Notwithstanding s. 59.694 (4), the department may not appeal
7a decision of the county to grant or deny a variance under this section but may, upon
8the request of a county board of adjustment, issue an opinion on whether a variance
9should be granted or denied.
SB21-SSA1,1922L 10Section 1922L. 59.692 (5m) of the statutes is created to read:
SB21-SSA1,596,1411 59.692 (5m) If a county has in effect on or after the effective date of this
12subsection .... [LRB inserts date], a provision in an ordinance that is inconsistent
13with sub. (1d), (1f), (1k), or (2m), the provision does not apply and may not be
14enforced.
SB21-SSA1,1923e 15Section 1923e. 59.70 (25) of the statutes is created to read:
SB21-SSA1,596,1916 59.70 (25) Interstate hazardous liquid pipelines. A county may not require
17an operator of an interstate hazardous liquid pipeline to obtain insurance if the
18pipeline operating company carries comprehensive general liability insurance
19coverage that includes coverage for sudden and accidental pollution liability.
SB21-SSA1,1923m 20Section 1923m. 59.796 of the statutes is created to read:
SB21-SSA1,596,24 2159.796 Milwaukee County; opportunity schools and partnership
22program.
Notwithstanding s. 59.81, the board of any county with a population of
23750,000 or more may not have access to or exercise oversight of any private gifts and
24grants received by the county executive under s. 59.17 (2) (b) 7.
SB21-SSA1,1923p 25Section 1923p. 59.88 of the statutes is created to read:
SB21-SSA1,597,3
159.88 Employee retirement system of populous counties; duty
2disability benefits for a mental injury.
(1) In this section, "county" means any
3county having a population of 500,000 or more.
SB21-SSA1,597,6 4(2) If an employee retirement system of a county offers a duty disability benefit,
5the employee retirement system may only provide the duty disability benefit for a
6mental injury if all of the following apply:
SB21-SSA1,597,97 (a) The mental injury resulted from a situation of greater dimensions than the
8day-to-day mental stresses and tensions and post-traumatic stress that all
9similarly situated employees must experience as part of the employment.
SB21-SSA1,597,1010 (b) The employer certifies that the mental injury is a duty-related injury.
SB21-SSA1,597,15 11(3) If an employee retirement system of a county determines that an applicant
12is not eligible for duty disability benefits for a mental injury, the applicant may
13appeal the employee retirement system's determination to the department of
14workforce development. In hearing an appeal under this subsection, the department
15of workforce development shall follow the procedures under ss. 102.16 to 102.26.
SB21-SSA1,597,18 16(4) This section applies to participants in an employee retirement system of a
17county who first apply for duty disability benefits for a mental injury on or after the
18effective date of this subsection .... [LRB inserts date].
SB21-SSA1,1924 19Section 1924. 60.05 (4) of the statutes is amended to read:
SB21-SSA1,597,2520 60.05 (4) Court order. If, after the hearing under sub. (3), the court finds that
21the area of the proposed town meets the requirements of sub. (1), the court shall enter
22an order establishing a new town under the name proposed in the petition and shall
23designate the location of the first town meeting of the new town. The clerk of court
24shall immediately file certified copies of the order with the secretary of state
25administration and the county clerk.
SB21-SSA1,1925
1Section 1925. 60.065 of the statutes is amended to read:
SB21-SSA1,598,8 260.065 Change of town name. The name of a town shall be changed if a
3petition designating the new name is signed and filed with the town clerk under the
4procedures in s. 9.20 (1), certified by the town clerk under the procedure in s. 9.20
5(3), approved by the electors in an election held under the procedures in s. 9.20 (4)
6and the result of the election is published in the town's official paper, or posted in the
7town, and the new name is filed in the office of with the secretary of state
8administration.
SB21-SSA1,1936u 9Section 1936u. 60.61 (4) (g) of the statutes is created to read:
SB21-SSA1,598,1210 60.61 (4) (g) As part of its approval process for granting a conditional use
11permit under this section, a town may not impose on a permit applicant a
12requirement that is expressly preempted by federal or state law.
SB21-SSA1,1937m 13Section 1937m. 60.62 (3) (c) of the statutes is created to read:
SB21-SSA1,598,1614 60.62 (3) (c) As part of its approval process for granting a conditional use permit
15under this section or s. 61.35, a town may not impose on a permit applicant a
16requirement that is expressly preempted by federal or state law.
SB21-SSA1,1938e 17Section 1938e. 60.635 of the statutes is created to read:
SB21-SSA1,598,22 1860.635 Environmental protection; interstate hazardous liquid
19pipelines.
A town may not require an operator of an interstate hazardous liquid
20pipeline to obtain insurance if the pipeline operating company carries
21comprehensive general liability insurance coverage that includes coverage for
22sudden and accidental pollution liability.
SB21-SSA1,1940 23Section 1940. 61.187 (2) (d) of the statutes is amended to read:
SB21-SSA1,599,1124 61.187 (2) (d) If, in accordance with par. (a), the results of the election under
25sub. (1) provide for dissolution, the village clerk shall, within 10 days after the

1election, record the petition and determination of the village board of canvassers in
2the office of the register of deeds of the county or counties in which the village is
3located and file with the secretary of state administration certified copies of the
4petition and the determination of inspectors of election. The village clerk shall also
5record in the office of the register of deeds a certificate by the village clerk showing
6the date on which the dissolution takes effect and file with the secretary of state
7administration 4 copies of the certificate. These documents shall be recorded and
8indexed by the register of deeds. The index shall include the volume or reel number
9and the page or image number of the original documents. The secretary of state
10administration shall forward 2 copies of the certificate to the department of
11transportation and one to the department of revenue.
SB21-SSA1,1941 12Section 1941. 61.189 (2) of the statutes is amended to read:
SB21-SSA1,600,213 61.189 (2) The election shall be noticed and conducted and the result canvassed
14and certified as in the case of regular village elections and the village clerk shall
15immediately file with the secretary of state administration 4 copies of a certification
16certifying the fact of holding such election and the result thereof and a description
17of the legal boundaries of such village or proposed city and 4 certified copies of a plat
18thereof; and thereupon a certificate of incorporation shall be issued to such city by
19the secretary of state administration. Two copies of the certification and plat shall
20be forwarded by the secretary of state administration to the department of
21transportation and one copy to the department of revenue. Thereafter such city shall
22in all things be governed by the general city charter law. All debts, obligations and
23liabilities existing against such village at the time of such change shall continue and
24become like debts, obligations and liabilities against such city, and such city may

1carry out and complete all proceedings then pending for the issue of bonds for
2improvements therein.
SB21-SSA1,1943d 3Section 1943d. 61.353 (3) (intro.) of the statutes is amended to read:
SB21-SSA1,600,64 61.353 (3) (intro.) A village ordinance enacted under this section shall accord
5and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
6and (1k) and shall
include at least all of the following provisions:
SB21-SSA1,1943e 7Section 1943e. 61.353 (3) (c) and (d) of the statutes are repealed.
SB21-SSA1,1945 8Section 1945. 62.02 of the statutes is amended to read:
SB21-SSA1,600,14 962.02 Repeal of special charters. All special charters for cities of the 2nd,
103rd and 4th classes are hereby repealed and such cities are hereby incorporated
11under this subchapter. The city clerk shall forthwith certify the boundaries of such
12city to the secretary of state administration, who shall file the same and issue to such
13city a certificate of incorporation as of the date when this subchapter became
14effective, and record the same.
SB21-SSA1,1946 15Section 1946. 62.075 (5) of the statutes is amended to read:
SB21-SSA1,600,2016 62.075 (5) Notice of entry of judgment; upon whom served. A certified copy
17of every such order shall be filed with the town and city clerk and with the county
18clerk and 4 copies with the secretary of state administration. The secretary of state
19administration shall forward 2 copies to the department of transportation and one
20copy to the department of revenue.
SB21-SSA1,1947d 21Section 1947d. 62.233 (3) (intro.) of the statutes is amended to read:
SB21-SSA1,600,2422 62.233 (3) (intro.) A city ordinance enacted under this section shall accord and
23be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and
24(1k) and shall
include at least all of the following provisions:
SB21-SSA1,1947e 25Section 1947e. 62.233 (3) (c) and (d) of the statutes are repealed.
SB21-SSA1,1948d
1Section 1948d. 62.26 (7) of the statutes is amended to read:
SB21-SSA1,601,72 62.26 (7) Change of city name. The name of any city of the fourth class shall
3be changed if a majority of the electors shall address a written petition therefor to
4the council designating the new name, and the council shall by a two-thirds vote of
5all the members adopt an ordinance changing to such new name. The change shall
6be in effect upon publication of the ordinance in the official paper, and the filing of
7a copy thereof in the office of with the secretary of state administration.
SB21-SSA1,1948f 8Section 1948f. 62.53 of the statutes is created to read:
SB21-SSA1,601,13 962.53 Real property used for school purposes; 1st class cities. Beginning
10on the effective date of this section .... [LRB inserts date], the lessor of any lease
11entered into between a 1st class city and a school district operating under subch. I
12of ch. 119 and involving the use of city-owned real property for school purposes shall
13do the following:
SB21-SSA1,601,19 14(1) Provide for the superintendent of schools, on behalf of the superintendent
15of schools opportunity schools and partnership program under s. 119.33, to be an
16agent of the board of school directors in charge of the public schools under ch. 119
17upon transfer under s. 119.33 (2) (c) of the school using the land, buildings, and
18facilities to the superintendent of schools opportunity schools and partnership
19program under s. 119.33.
SB21-SSA1,601,24 20(2) Provide for the commissioner of the opportunity schools and partnership
21program under subch. II of ch. 119 to be an agent of the board of school directors in
22charge of the public schools under ch. 119 upon transfer under s. 119.9002 (3) of the
23school using the land, buildings, and facilities to the opportunity schools and
24partnership program under subch. II of ch. 119.
SB21-SSA1,1948L 25Section 1948L. 62.624 of the statutes is created to read:
SB21-SSA1,602,4
162.624 Employee retirement system of a 1st class city; duty disability
2benefits for a mental injury. (1)
If an employee retirement system of a 1st class
3city offers a duty disability benefit, the employee retirement system may only
4provide the duty disability benefit for a mental injury if all of the following apply:
SB21-SSA1,602,75 (a) The mental injury resulted from a situation of greater dimensions than the
6day-to-day mental stresses and tensions and post-traumatic stress that all
7similarly situated employees must experience as part of the employment.
SB21-SSA1,602,88 (b) The employer certifies that the mental injury is a duty-related injury.
SB21-SSA1,602,13 9(2) If an employee retirement system of a 1st class city determines that an
10applicant is not eligible for duty disability benefits for a mental injury, the applicant
11may appeal the employee retirement system's determination to the department of
12workforce development. In hearing an appeal under this subsection, the department
13of workforce development shall follow the procedures under ss. 102.16 to 102.26.
SB21-SSA1,602,16 14(3) This section applies to participants in an employee retirement system of a
151st class city who first apply for duty disability benefits for a mental injury on or after
16the effective date of this subsection .... [LRB inserts date].
SB21-SSA1,1948p 17Section 1948p. 63.23 (1) of the statutes is amended to read:
SB21-SSA1,602,2518 63.23 (1) The city service commission shall classify all offices and positions in
19the city service, excepting those subject to the exemptions of s. 63.27 and those
20subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a)
, according to the
21duties and responsibilities of each position. Classification shall be so arranged that
22all positions which in the judgment of the commission are substantially the same
23with respect to authority, responsibility and character of work are included in the
24same class. From time to time the commission may reclassify positions upon a proper
25showing that the position belongs to a different class.
SB21-SSA1,1949b
1Section 1949b. 66.0133 (1) (a) of the statutes is amended to read:
SB21-SSA1,603,52 66.0133 (1) (a) "Energy conservation measure" means a facility alteration or
3training, service, or operations program designed to reduce energy consumption or
4operating costs, conserve water resources, improve metering accuracy, or ensure
5state or local building code compliance.
SB21-SSA1,1949c 6Section 1949c. 66.0133 (1) (bg) of the statutes is created to read:
SB21-SSA1,603,87 66.0133 (1) (bg) "Operational savings" means savings from costs eliminated or
8avoided as a result of installing equipment or providing services.
SB21-SSA1,1949d 9Section 1949d. 66.0133 (1) (c) of the statutes is amended to read:
SB21-SSA1,603,1210 66.0133 (1) (c) "Performance contract" means a contract for the evaluation and
11recommendation of energy conservation and facility improvement measures, and for
12the implementation of one or more of these measures.
SB21-SSA1,1949e 13Section 1949e. 66.0133 (1) (d) of the statutes is amended to read:
SB21-SSA1,603,1914 66.0133 (1) (d) "Qualified provider" means a person, other than a local
15governmental unit,
who is experienced in the design, implementation and
16installation of energy conservation and facility improvement measures and who has
17the ability to provide labor and material payment and performance bonds equal to
18the maximum amount of any payments due under a performance contract entered
19into by the person.
SB21-SSA1,1949f 20Section 1949f. 66.0133 (2) (a) of the statutes is renumbered 66.0133 (2) (a) 1.
21and amended to read:
SB21-SSA1,604,222 66.0133 (2) (a) 1. Any Except as provided under subd. 2., any local
23governmental unit may, in accordance with this section, enter into a performance
24contract with a qualified provider to reduce energy or operating costs, realize

1operational savings, conserve water resources,
ensure state or local building code
2compliance, or enhance the protection of property of the local governmental unit.
SB21-SSA1,1949g 3Section 1949g. 66.0133 (2) (a) 2. of the statutes is created to read:
SB21-SSA1,604,84 66.0133 (2) (a) 2. A performance contract with a qualified provider under this
5section may not allow a local governmental unit to increase the square footage of a
6facility unless the increase is necessary to make mechanical, electrical, or plumbing
7improvements in order to achieve reductions in energy consumption or to conserve
8water resources.
SB21-SSA1,1949h 9Section 1949h. 66.0133 (2) (b) of the statutes is amended to read:
SB21-SSA1,604,2010 66.0133 (2) (b) Prior to entering into a performance contract for the
11implementation of any energy conservation or facility improvement measure, a local
12governmental unit shall obtain a report from a qualified provider containing
13recommendations concerning the amount the local governmental unit should spend
14on energy conservation and facility improvement measures. The report shall contain
15estimates of all costs of installation, modifications, or remodeling, including costs of
16design, engineering, maintenance, repairs and financing. In addition, the report
17shall contain a guarantee specifying a minimum amount by which energy or
18operating costs of the local governmental unit will be reduced or energy or water
19metering accuracy will be improved
, if the installation, modification or remodeling
20is performed by that qualified provider.
SB21-SSA1,1949i 21Section 1949i. 66.0133 (2) (c) of the statutes is amended to read:
SB21-SSA1,605,222 66.0133 (2) (c) If, after review of the report under par. (b), the local
23governmental unit finds that the amount it would spend on the energy conservation
24and facility improvement measures recommended in the report is not likely to exceed
25the amount to be saved in energy and operation costs, or the benefits to be obtained

1by improved metering accuracy,
over the remaining useful life of the facility to which
2the measures apply, the local governmental unit may enter into the contract.
SB21-SSA1,1949j 3Section 1949j. 66.0133 (3) of the statutes is amended to read:
SB21-SSA1,605,244 66.0133 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9)
5(a), 59.52 (29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.54, 61.57, 62.15 (1),
662.155, 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2., 200.11
7(5) (d) and 200.47 (2), before entering into a performance contract under this section,
8a local governmental unit shall solicit bids or competitive sealed proposals from
9qualified providers. A local governmental unit may only enter into a performance
10contract with a qualified provider if the contract is awarded by the governing body
11of the local governmental unit and if the qualified provider agrees to sign the
12performance contract and all contracts with subcontractors, including
13subcontractors who provide billing services under the performance contract
. The
14governing body shall give at least 10 days' notice of the meeting at which the body
15intends to award a performance contract. The notice shall include a statement of the
16intent of the governing body to award the performance contract, the names of all
17potential parties to the proposed performance contract, and a description of the
18energy conservation and facility improvement measures included in the
19performance contract and an explanation of how these measures will generate
20operational savings sufficient to pay for the cost of the measures
. At the meeting, the
21governing body shall review and evaluate the bids or proposals submitted by all
22qualified providers and may award the performance contract to the qualified
23provider that best meets the needs of the local governmental unit, which need not
24be the lowest cost provider.
SB21-SSA1,1949k 25Section 1949k. 66.0133 (5) of the statutes is amended to read:
SB21-SSA1,606,8
166.0133 (5) Payment schedule; savings. Each performance contract shall
2provide that all payments to a qualified provider, except obligations on termination
3of the contract before its expiration, shall be made over time as energy savings are
4achieved
no later than the date on which the contract expires. Energy savings shall
5be guaranteed by the qualified provider for the entire term of the performance
6contract and may not be guaranteed by a third party. Unless otherwise agreed by
7the parties, every performance contract shall assume an annual increase of 3 percent
8in the cost of relevant utility services incurred by the local governmental unit
.
SB21-SSA1,1949L 9Section 1949L. 66.0133 (8) of the statutes is amended to read:
SB21-SSA1,606,1410 66.0133 (8) Bonds. Each qualified provider under a performance contract shall
11provide labor and material payment and performance bonds in an amount
12equivalent to the maximum amount of any payments due under the contract ,
13including payments for work performed by other persons that is necessary to achieve
14the required guaranteed energy or operational savings
.
SB21-SSA1,1949m 15Section 1949m. 66.0133 (11) (i) of the statutes is amended to read:
SB21-SSA1,606,1716 66.0133 (11) (i) Lifesafety Life safety improvements or systems required to
17comply with the federal Americans with Disabilities Act.
SB21-SSA1,1949n 18Section 1949n. 66.0133 (11) (ig) of the statutes is created to read:
SB21-SSA1,606,2019 66.0133 (11) (ig) Replacement or improvement of energy or water metering
20systems.
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