AB1145: Bill Text

2021 Assembly BILL 1145

March 10, 2022 - Introduced by Representatives Subeck, Shelton, Anderson, Andraca, Billings, Cabrera, Conley, Emerson, Goyke, Hebl, Hesselbein, Hong, B. Meyers, Milroy, Moore Omokunde, S. Rodriguez, Shankland, Sinicki, Snodgrass, Spreitzer, Stubbs and Drake, cosponsored by Senators Smith, Johnson, Agard, Larson, Ringhand, Roys and L. Taylor. Referred to Committee on Rules.

AB1145,2,7 An Act to repeal 20.445 (1) (fc), 49.1635 (1), 49.1635 (2), 49.1635 (3), 49.1635 (4) and 106.15; to renumber and amend 49.1635 (5) (a), 49.1635 (5) (b) and 49.1635 (5) (c); to amend 16.306 (2) (a), 16.3085 (2) (b) 2., 20.866 (2) (td), 38.40 (2), 46.56 (14) (a), 49.143 (2) (a) 4m. e., 49.155 (1m) (c) 1. (intro.), 49.163 (4) (intro.), 49.175 (1) (j), 49.175 (1) (k), 49.265 (1) (b), 49.265 (3) (b) 11., 49.265 (4) (a), 49.265 (4) (b), 49.265 (4) (c), 49.79 (9) (a) 1., 60.85 (7) (a), 60.85 (7) (b), 66.1103 (6m), 66.1105 (6c) (a), 66.1105 (6c) (b), 71.07 (2dx) (a) 5., 71.07 (5r) (b) 2., 71.28 (1dx) (a) 5., 71.28 (5r) (b) 2., 71.47 (1dx) (a) 5., 71.47 (5r) (b) 2., 76.636 (1) (e) 12., 85.20 (4m) (a) 8. b., 106.11, 106.13 (2), 106.16 (2), 106.27 (1m), 109.07 (1m) (a), 115.28 (24), 238.30 (4m) and 946.13 (10); and to create 13.48 (26m), 16.03 (2) (d), 16.19, 16.3065, 20.435 (5) (cg), 20.435 (5) (em), 20.437 (2) (cs), 20.437 (2) (eg), 20.445 (1) (fc), 20.505 (7) (bq), 20.505 (7) (e), 20.505 (7) (fk), 36.25 (56), 46.483, 46.538, 49.168, 49.175 (1) (x), 49.45 (31m), 49.675, 51.44 (5) (bm), 106.115, 115.28 (66), 234.253 and 281.61 (8) (b) of the statutes; relating to: housing and homelessness; rental assistance program; indigent civil legal services; workforce development; community action agencies; poverty reports; mental health; economic security; reimbursement for nonemergency medical transportation services; urban mass transit aid; lead exposure and abatement services; lead service line replacement; providing an exemption from emergency rule procedures; granting rule-making authority; and making an appropriation.

Analysis by the Legislative Reference Bureau

Housing, homelessness, and indigence

1. Grants to facilitate the independent living of homeless persons

Under current law, the Department of Administration provides housing grants to counties, municipalities, community action agencies, and private organizations for the purpose of providing housing and associated supportive services to homeless individuals and families in order to facilitate the movement of homeless persons to independent living. This bill provides an additional $5,000,000 in the 2021-23 fiscal biennium to fund that grant program.

2. Rental assistance grants

The bill creates a rental assistance program under which DOA awards grants to provide tenant-based rental assistance to individuals and families who have suffered an economic hardship and whose annual household income does not exceed 80 percent of the median household income for the county in which the individual or family resides. The bill appropriates $10,000,000 for the program in the 2021-23 fiscal biennium.

3. Grants to defray housing costs

The bill increases funding for DOA to award grants to persons or families of low or moderate income to defray housing costs. The bill provides an additional $220,000 in each fiscal year of the 2021-23 fiscal biennium for that purpose.

4. Duties of the Interagency Council on Homelessness

The bill requires the Interagency Council on Homelessness to do all of the following every two years:

1. Identify ways in which DOA and other state agencies specified in the bill and the Wisconsin Housing and Economic Development Authority can increase access to services for homeless individuals and families, including homeless children and youths as defined under federal law.

2. Advise each of the state agencies specified in the bill and WHEDA to revise any policy or practice that the council determines impedes homeless individuals and families from obtaining services.

5. Report concerning homeless children and youth

The bill requires the Department of Public Instruction to annually issue a report to the legislature on the number of homeless children and youths in the public schools of this state. Under the bill, “homeless children and youths” is defined by reference to federal law providing homeless assistance.

6. Report concerning households with worst case housing needs

The bill requires WHEDA to annually issue a report to the legislature on the number of households with worst case housing needs in this state. “Households with worst case housing needs” is defined in a manner consistent with that used by the federal Department of Housing and Urban Development. The report must include data and demographic information on these households, analysis of the impediments to obtaining affordable housing, and recommendations on how to improve state and local programs to assist these households with their housing needs.

7. Pilot program related to the federal Housing Choice Voucher Program

The bill creates a two-year pilot program that gives priority to homeless children and their families, as defined under federal law, on the waiting list that WHEDA, or a public housing agency that contracts with WHEDA, maintains under the federal Housing Choice Voucher Program. Under the bill, WHEDA is required to develop policies and procedures for the pilot program.

8. Civil legal services for the indigent

Under current law, the Department of Children and Families is directed to allocate in each fiscal year specific amounts of money, including federal moneys received under the Temporary Assistance for Needy Families (TANF) block grant, for various public assistance programs. Under current law, DCF provides funding to the Wisconsin Trust Account Foundation, Inc., (the foundation) to provide civil legal services to TANF-eligible individuals in two ways:

1. DCF provides up to $100,000 in each fiscal year in matching funds to the foundation for the provision of civil legal services to eligible individuals. This grant does not specify what types of civil legal services may be provided.

2. DCF provides a $500,000 grant in each fiscal year to the foundation to provide grants to programs, up to $75,000 each, that provide certain legal services to eligible individuals. The legal services provided through this grant are limited to legal services in civil matters related to domestic abuse or sexual abuse or to restraining orders or injunctions for individuals at risk.

The bill removes the grant that requires matching funds and increases the grant to provide certain legal services to eligible individuals to $1,000,000 per fiscal year. Under the bill, the foundation may additionally use this funding to provide to eligible individuals civil legal services related to eviction. The bill removes the $75,000 cap on grants provided by the foundation to individual programs.

The bill also requires DOA to make annual payments to the foundation for the purpose of providing civil legal services to indigent persons.

9. Internet assistance program

The bill requires DCF to establish an Internet assistance program under which it makes payments to Internet service providers on behalf of low-income individuals to assist with paying for Internet service. The bill requires that other assistance program options be exhausted before assistance is provided under this program. The bill allows DCF to contract for the administration of the program. The bill requires DCF to promulgate rules to implement the program, which must include a requirement that the family income of a recipient not exceed 200 percent of the federal poverty line.

Workforce development and job and income supports

1. Job and Business Development Program

The bill increases funding by $799,400 in each fiscal year of the 2021-23 fiscal biennium to supplement, on a one-to-one matching basis, federal employment opportunity demonstration project funds and funds from other federal and private foundation sources for job creation and development for individuals with low incomes. The program funded by these funds is commonly referred to as the Job and Business Development Program.

2. Child care subsidies

Under current law, the Wisconsin Shares program provides child care subsidies as a part of Wisconsin Works (W-2), which provides work experience and benefits for low-income custodial parents and is administered by DCF. Under current law, in order to qualify for a Wisconsin Shares child care subsidy, the recipient must meet certain financial and nonfinancial eligibility criteria. The bill increases the income cap for initial qualification for a Wisconsin Shares subsidy from 185 percent of the federal poverty line to 200 percent of the federal poverty line.

3. Skills enhancement services

Under current law, DCF must distribute grants to community action agencies to provide skills enhancement services, including access to transportation, child care, career counseling, job placement assistance, and financial support for education and training. Under this program, a community action agency may provide these services to individuals who work at least 20 hours per week and whose earned income is at or below 150 percent of the poverty line. The bill increases the earned income threshold for eligibility to 200 percent of the poverty line.

4. Transitional Jobs program

Under current law, DCF administers the Transitional Jobs program, which provides wage subsidies to employers of certain low-income parents or primary caregivers of a child and low-income young adults. The bill provides an additional $1,000,000 per fiscal year to the Transitional Jobs program to provide these services outside of Milwaukee County.

5. Job and employment services pilot program

The bill requires the Department of Workforce Development to establish a pilot program that offers job and employment services for individuals receiving housing vouchers or receiving services from state-funded homeless shelters. The bill requires the pilot program to offer services similar to those offered under the existing Transform Milwaukee Jobs and Transitional Jobs programs in current law. The bill funds the pilot program with $500,000 in each fiscal year of the 2021-23 fiscal biennium. Under the bill, the pilot program sunsets on June 30, 2023.

6. Council on Workforce Investment strategic plan

Under the federal Workforce Innovation and Opportunity Act of 2014 (WIOA), federal funds are allocated to the state and, in turn, to local workforce development areas designated by the governor to provide employment and training activities for job seekers and workers. The WIOA repealed a prior law known as the federal Workforce Investment Act of 1998 (WIA), which contained a number of similar provisions. To receive funding under the WIOA, the governor must establish a Council on Workforce Investment. The bill requires the council to identify certain populations for services under its WIOA strategic plan. The populations to be included are 1) homeless individuals from ages 18 to 24; 2) certain children placed in out-of-home care; and 3) homeless adults.

7. Miscellaneous provisions

The bill repeals a provision concerning review and approval of certain matters regarding assistance to dislocated workers that was administered as part of the WIA, but that no longer exists. In addition, the bill updates references to the United States Code sections regarding WIOA.

Community action agencies

Under current law, DCF must distribute grants to community action agencies to provide skills enhancement services, including access to transportation, child care, career counseling, job placement assistance, and financial support for education and training. The bill provides an additional $500,000 in each fiscal year of the 2021-23 fiscal biennium for that purpose.

The bill also provides a match from state funding to the federal community services block grant, which funds the work of community action agencies. Under current law, a community action agency is an entity that provides services such as employment or housing assistance, financial planning, or educational services to low-income individuals and that works to combat poverty in the community that it serves. The bill increases the income cap for receiving services from a community action agency from 125 percent of the federal poverty line to 200 percent of the federal poverty line.

The bill also requires the Department of Health Services to establish a grant program to provide grants to community action agencies to enable them to respond to the needs of communities and low-income families and individuals in crisis resulting from opioid addiction-related issues. Through the program, DHS is required to endeavor to expand and support effective community efforts to identify and respond to causes and consequences of opioid misuse and addiction experienced by low-income individuals, families, and communities. Under the bill, DHS must award grants of at least $25,000 and up to $250,000 per year. The bill sets out criteria DHS must use in awarding grants as well as characteristics of applications to which DHS must give preference. Grants under the bill may not be more than three years in duration unless approved by the secretary of health services.

Lead exposure and abatement

1. Early intervention services for children with lead in their blood

Under current law, DHS implements a statewide program, referred to as the Birth to 3 Program, that provides early intervention services for children aged three and under who are developmentally delayed or are diagnosed as having a condition that is likely to result in significantly delayed development. The bill ensures that children with a concentration of lead in their blood of at least 5 micrograms per 100 milliliters of blood are eligible for services under the Birth to 3 Program.

2. Lead-Safe Homes Program

Under current law, DHS provides lead abatement services through the Lead-Safe Homes Program. The Lead-Safe Homes Program provides repairs to owner-occupied and rental properties to make them lead-safe. Currently, the program is funded in part through federal funding. The bill increases state funding for the program by $28,400,000 over the fiscal biennium.

3. Windows Plus lead exposure program

The bill authorizes one general purpose revenue position within DHS and increases funding to resume the Windows Plus lead exposure program. The Windows Plus lead exposure program was initiated in the 2019-21 fiscal biennium with onetime funding to provide lead-safe renovations in homes built before 1950 that are inhabited or frequently visited by low-income families with children. The program focuses renovations on high-risk components of housing, such as windows, porches, floors, and siding.

4. Lead service line replacement

Under current law, DOA and the Department of Natural Resources administer the Safe Drinking Water Loan Program (SDWLP), which provides financial assistance to local governmental units and to the private owners of community water systems that serve local governmental units for projects for the planning, designing, construction, or modification of public water systems. DNR establishes a funding list for SDWLP projects, and DOA allocates funding for those projects.

Under current law, the state may contract up to $74,950,000 in public debt for the SDWLP. The bill increases the bonding authority for the program by $40,000,000 and requires DOA to allocate up to $40,000,000 of the authorized public debt to projects involving forgivable loans to private users of public water systems to cover not more than 50 percent of the cost to replace lead service lines.

Sober living and mental health

The bill requires DHS to encourage the development, expansion, and quality control of networks of sober living residences and to allocate moneys to create a revolving loan fund for establishing sober living residences or a network of sober living residences or to award grants for purposes specified in the bill.

The bill requires DHS to award grants to entities or groups that meet its qualifications to perform research projects on mental health issues and access to mental health services in rural areas of the state.

Nonemergency medical transportation services

The bill requires DHS to determine and implement a reimbursement rate for nonemergency medical transportation services for Medical Assistance recipients who are nursing home residents that is the same as the prevalent brokerage reimbursement rate applied to other nonemergency medical transportation services for Medical Assistance recipients.

Transportation

1. Transportation grants

Under current law, the Department of Transportation may award grants to public and private organizations for the development and implementation of demand management, ride-sharing, and job access and employment transportation assistance programs. The bill increases the amount of state monies appropriated for the development and implementation of job access and employment transportation assistance programs by $249,450 in each year of the 2021-23 fiscal biennium.

2. Urban mass transit aid

Under current law, DOT provides state aid payments to local public bodies in urban areas served by mass transit systems to assist the local public bodies with the expenses of operating those systems. The bill increases the total amount of state aid payments for mass transit systems serving urban areas having a population of less than 50,000 to $5,707,800 in calendar year 2021 and thereafter.

3. Specialized transportation services

Under current law, DOT administers specialized transportation programs to provide financial assistance for transportation services for seniors and individuals with disabilities. One program provides funding to counties based on each county's proportion of the state's population of seniors and individuals with disabilities. The other program provides funds to local public bodies and nonprofit organizations through a competitive application process to supplement federal funding under the Enhanced Mobility of Seniors and Individuals with Disabilities program. The bill increases funding for both programs by 2 percent.

Higher education

The bill requires the Board of Regents of the University of Wisconsin System to allocate $50,000 each fiscal year for the Institute for Research on Poverty at UW-Madison to study and provide an annual report to the public on poverty in this state.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1145,1 Section 1. 13.48 (26m) of the statutes is created to read:

AB1145,8,6 13.48 (26m) Lead service line replacement. The legislature finds and determines that the prevalence of lead service lines in connections to public water systems poses a public health hazard and that processes for reducing lead entering drinking water from such pipes requires additional treatment of wastewater. It is therefore in the public interest, and it is the public policy of this state, to assist private users of public water systems in replacing lead service lines.

AB1145,2 Section 2. 16.03 (2) (d) of the statutes is created to read:

AB1145,8,9 16.03 (2) (d) No later than January 1 of each odd-numbered year, do all of the following:

AB1145,8,15 1. Identify ways in which the departments of administration, children and families, health services, public instruction, workforce development, and veterans affairs and the Wisconsin Housing and Economic Development Authority can increase access to services for homeless individuals and families, including individuals who are included in the category of homeless children and youths, as defined in 42 USC 11434a (2).

AB1145,8,19 2. Advise each of the departments specified in subd. 2. and the Wisconsin Housing and Economic Development Authority to revise any policy or practice of the department or authority that the council determines impedes homeless individuals and families from obtaining services.

AB1145,3 Section 3. 16.19 of the statutes is created to read:

AB1145,9,3 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (7) (e) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received from the department under this section as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.