Buildings and safety
Use of vapor products in indoor locations
The bill specifies that the general prohibition under current law against smoking in indoor locations includes inhaling or exhaling vapor from a vapor product. Under the bill, a “vapor product” is a noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element to a liquid or other substance. The prohibition applies to vapor products regardless of whether they contain nicotine.
Private on-site wastewater treatment system grants
The bill extends the grant program aiding certain persons and businesses served by failing private on-site wastewater treatment systems (POWTS), which are commonly known as septic tanks. Under current law, the program is repealed effective June 30, 2023. In addition, under the bill, a failing POWTS installed at least 33 years before the submission of a grant application is eligible to receive a grant. Current law authorizes grants only for failing POWTS that were installed before July 1, 1978.
Create appropriation for DSPS contractors
The bill creates an appropriation for payments received by DSPS contractors and vendors for services performed related to the regulation of industry, buildings, and safety.
SHARED REVENUE
Public safety, per capita, and aidable revenues allocations
Under current law, counties and municipalities annually receive county and municipal aid payments, commonly referred to as shared revenue. Generally, each county and municipality receives a payment equal to the payment it received in 2012.
The bill provides additional aid payments by creating a municipal and county shared revenue program and using a percentage of state sales tax revenue to make the payments. The total amount available to make the payments under the bill is an amount equal to 20 percent of the state sales tax revenue collected in each fiscal year, minus the amounts distributed for county and municipal aid, as state aid for exempt personal property, and as payments under the expenditure restraint program.
Beginning in 2024, each county and municipality will receive a public safety payment to be used for law enforcement, fire protection, and ambulance and emergency medical services and to pay the costs of prosecutorial and judicial functions. The amount that DOR will distribute for these payments is equal to 43.4 percent of the total amount allocated for all payments under the bill. The amount of the payments are determined on the basis of the most recent three-year average of the county’s or municipality’s expenditures for law enforcement, fire protection, or ambulance and emergency medical services.
Under the bill, each county and municipality will also receive a payment based on the county’s or municipality’s population. Seventy percent of this per capita distribution is paid to municipalities and 30 percent to counties.
Finally, each county and municipality receives a payment on the basis of its aidable revenues. The bill defines “aidable revenues” as the total of the three-year average of revenues from general property taxes, other taxes, payments in lieu of taxes, special assessments, licenses and permits, fines and forfeitures, public charges, intergovernmental revenues, and shared revenues, not including public utility aid payments. The total amount that DOR distributes for aidable revenues is the amount remaining after determining the amounts distributed as public safety payments or per capita payments. Generally, each county and municipality receives an aidable revenues payment, as adjusted by DOR, in proportion to the amount of its aidable revenues, compared to the aidable revenues for all counties or municipalities.
Nontaxable reservation property
The bill provides an additional county and municipal aid payment for certain towns and counties that will no longer be able to impose property taxes on property located within the boundaries of an American Indian reservation and owned by the tribe or tribal members. A federal court recently held that, pursuant to the 1854 Treaty of La Pointe, the state and its political subdivisions are prohibited from taxing all real property within the Bad River, Lac Courte Oreilles, Lac du Flambeau, and Red Cliff reservations if that property is owned by the tribe or by one or more tribal members, regardless of whether the property was previously owned by a person other than the tribe or a tribal member. See Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. Evers, 46 F.4th 552 (7th Cir. 2022).
Under the bill, DOA determines the amount of the payments to the affected towns and counties for the payments in 2024. In 2025, and in each year thereafter, the amount of the payment a town or county receives is the amount received in the previous year, less 10 percent. No payments are made under the bill after the distribution in 2033.
Energy storage facility
Under current law, counties and municipalities where power production plants are located receive public utility aid payments on the basis of the value or megawatt capacity of the plant. Generally, the amount of the payment to a county or municipality is determined by applying a mill rate to a specified amount of the license fees paid by the power production plant located in the county and municipality.
The bill provides utility aid payments to counties and municipalities where energy storage facilities are located. The bill defines an “energy storage facility” as property that receives electrical energy, stores the energy in a different form, and converts that other form of energy back to electrical energy for sale or to use to provide reliability or economic benefits to the electrical grid. The bill also defines an “energy storage facility” as property that is owned by a light, heat, and power company, electric cooperative, or municipal electric company and includes hydroelectric pumped storage, compressed air energy storage, regenerative fuel cells, batteries, and similar technologies.
Under the bill, DOA annually distributes to each county and municipality in which an energy storage facility is located an amount calculated by multiplying the facility’s megawatt capacity by $2,000 and then multiplying the product of that calculation by three mills for a county and by six mills for a municipality. However, if the energy storage facility is located in a town, the town receives a payment equal to multiplying the product of that calculation by three mills and the county where the town is located receives a payment equal to multiplying the product of that calculation by six mills.
Electric vehicle charging infrastructure
The bill provides utility aid payments to counties and municipalities where qualified electric vehicle charging infrastructure is located. The bill defines “qualified electric vehicle charging infrastructure” as level three electric vehicle supply equipment that has a minimum charging capacity of 480 volts and that is owned by a light, heat, and power company, electric cooperative, or municipal electric company. Under the bill, DOA annually distributes to each county and municipality in which qualified electric vehicle charging infrastructure is located an amount equal to the value of the qualified electric vehicle charging infrastructure, multiplied by three mills for a county and by six mills for a municipality. However, if the qualified electric vehicle charging infrastructure is located in a town, the town receives a payment equal to the value of the qualified electric vehicle charging infrastructure multiplied by three mills and the county where the town is located receives a payment equal to the value of the qualified electric vehicle charging infrastructure multiplied by six mills.
Expenditure restraint program
Under current law, generally, a municipality is eligible to receive an expenditure restraint payment if its property tax levy is greater than five mills and if the annual increase in its municipal budget is less than the sum of factors based on inflation and the increased value of property in the municipality as a result of new construction. The bill excludes the following from being considered in determining eligibility for an expenditure restraint program payment: 1) money received from the federal government; 2) revenues from a municipal vehicle registration fee that is approved by a majority of voters voting at a referendum; and 3) tax revenues resulting from a tax increase approved by a majority of voters voting at a referendum.
Moving the date of computer aid payments
Beginning in 2024, the bill requires DOA to make computer aid payments to taxing jurisdictions by the first Monday in May. Under current law, computers and certain computer-related equipment are exempt from local personal property taxes, and DOA makes computer aid payments to taxing jurisdictions to compensate them for the corresponding loss of property tax revenue. Current law requires DOA to make computer aid payments by the fourth Monday in July.
STATE GOVERNMENT
General state government
Grant to a professional baseball park district
The bill requires DOA to award a grant in the amount of $290,000,000 to a local professional baseball park district created under state law to assist in the development, construction, improvement, repair, and maintenance of the district’s baseball park facilities. Under the bill, DOA may not award the grant unless the secretary of administration determines that all of the following apply:
1. The district has entered into a lease arrangement for a term that expires not earlier than December 31, 2043, with a professional baseball team that uses the district’s baseball park facilities as its home facilities.
2. The district has entered into a nonrelocation agreement with the professional baseball team, in a form satisfactory to the secretary of administration, that requires the professional baseball team to play substantially all of its home games at the baseball park facilities, and prohibits the professional baseball team from relocating while the lease term specified above is in effect.
3. The district has entered into an agreement with the professional baseball team, in a form satisfactory to the secretary, that requires the professional baseball team, or a third party on the professional baseball team’s behalf, to make expenditures relating to or in connection with the baseball park facilities during the term of the lease specified above in an agreed upon amount satisfactory to the secretary.
4. The district has agreed to provide on an ongoing basis to DOA, the Legislative Fiscal Bureau, and the Legislative Audit Bureau all baseball park facilities project reports and all financial reports of the district.
Grant moneys DOA awards under the bill may not be used to retire the debt of the local professional baseball park district.
Security operations centers
The bill requires DOA to establish one or more security operations centers to provide for the cybersecurity of information technology systems maintained by state agencies, local governmental units, and other eligible entities specified in the bill. The bill requires the Division of Enterprise Technology in DOA to manage the operation of the centers. The bill authorizes DOA to charge fees in connection with the division’s cybersecurity support services provided under the bill.
Project labor agreements
Under current law, the state and local units of government are prohibited from engaging in certain practices in letting bids for state procurement or public works contracts. Among these prohibitions, as established by 2017 Wisconsin Act 3, the state and local governments may not do any of the following in specifications for bids for the contracts: 1) require that a bidder enter into an agreement with a labor organization; 2) consider, when awarding a contract, whether a bidder has or has not entered into an agreement with a labor organization; or 3) require that a bidder enter into an agreement that requires that the bidder or bidder’s employees become or remain members of a labor organization or pay any dues or fees to a labor organization. The bill repeals these limitations related to labor organizations. Vacancies in certain appointive offices
Under current law, vacancies in public office may occur in a number of ways, including when the incumbent resigns, dies, or is removed from office, or, in the case of elected office, when the incumbent’s term expires. However, as the Wisconsin Supreme Court held in State ex rel. Kaul v. Prehn, 2022 WI 50, expiration of an incumbent’s term of office does not create a vacancy if the office is filled by appointment for a fixed term. Absent a vacancy or removal for cause, these incumbents may remain in office until their successors are appointed and qualified.
Under the bill, a vacancy in public office is created if the office is filled by appointment of the governor by and with the advice and consent of the senate for a fixed term and the incumbent’s term expires or the governor submits his or her nomination for the office to the senate, whichever is later.
Director of Native American affairs
The bill requires the secretary of administration to appoint a director of Native American affairs in the unclassified service to manage relations between the state and American Indian tribes or bands in this state.
Grants to each American Indian tribe or band in Wisconsin
The bill requires DOA to award grants of equal amounts to each American Indian tribe or band in this state for the purpose of supporting programs to meet the needs of members of the tribe or band.
The bill also requires DOA to award grants of equal amounts to each American Indian tribe or band in this state to promote tribal language revitalization and cultural preservation.
Under the bill, no grant moneys awarded under the above grant programs may be used to pay gaming-related expenses.
Other tribal grants
The bill requires DOA to do all of the following:
1. Award grants to the Oneida Nation of Wisconsin to support the Healing to Wellness Court program at the Oneida Nation, in an amount not to exceed $259,100 annually.
2. Award grants to the Oneida Nation of Wisconsin to support coordination between the National Estuarine Research Reserve System and Great Lakes tribal nations, in an amount not to exceed $110,100 annually.
3. Award grants to the Oneida Nation of Wisconsin to support the Oneida Nation’s collaboration with the Audubon Society concerning Audubon Great Lakes restoration projects, in an amount not to exceed $175,000 annually. This grant requirement sunsets after five years.
4. Award grants to the Menominee Indian Tribe of Wisconsin to support the Menominee Indian Tribe’s transit services, in an amount not to exceed $266,600 annually.
Gaming investigative services
The bill creates a GPR appropriation for the Division of Gaming in DOA to fund investigative and outreach services for charitable gaming and tribal gaming.
Investment and capital grants programs
The bill creates three new grant programs to be administered by DOA: a neighborhood capital investment grant program; a health-care infrastructure capital grant program; and a tourism capital investment grant program. The bill also creates a new GPR appropriation for the grant programs and allocates specified dollar amounts to the programs during the 2023-25 fiscal biennium.
Fund of funds investment program
Currently, DOA administers a program for the investment of moneys in venture capital funds that invest in businesses located in this state, called the fund of funds investment program. Under the program, the state initially contracted with an investment manager during the 2013-14 fiscal year to invest $25,000,000 in venture capital funds. The gross proceeds from the investment of this $25,000,000 were to be returned to the state for deposit into the general fund. The bill provides that the gross proceeds are to be reinvested in venture capital funds unless otherwise directed by DOA.
Programs for the certification of certain businesses for preference in state contracting
Under current law, DOA administers disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications. A business that qualifies for and maintains one or more of those certifications may be eligible to receive certain benefits, including some advantages when bidding on public projects. Current law authorizes DOA to charge a certification fee to cover its costs to administer the certifications programs. The bill eliminates that fee authorization.
Additionally, the bill establishes the following new certification programs:
1. Lesbian, gay, bisexual, or transgender-owned businesses, including financial advisers and investment firms. DOA may certify a business as a lesbian, gay, bisexual, or transgender-owned business if it determines the business satisfies all of the following:
a. One or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the business or, in the case of any publicly owned business, one or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock of the business.
b. One or more lesbian, gay, bisexual, or transgender individuals or one or more duly authorized representatives of one or more lesbian, gay, bisexual, or transgender individuals control the management and daily business operations of the business.
c. The business is currently performing a useful business function.
2. Disability-owned businesses, including financial advisers and investment firms. Under the bill, the distinction between disabled veteran-owned businesses and businesses owned by veterans is removed. This means that under the bill, there are certifications for veteran-owned businesses and disability-owned businesses. DOA may certify a business as a disability-owned business if it determines the business satisfies all of the following:
a. One or more individuals with a disability own at least 51 percent of the business or, in the case of any publicly owned business, one or more individuals with a disability own at least 51 percent of the stock of the business.
b. One or more individuals with a disability or one or more duly authorized representatives of one or more individuals with a disability control the management and daily business operations of the business.
c. The business has its principal place of business in this state.
d. The business is currently performing a useful business function.
Under the bill, lesbian, gay, bisexual, or transgender-owned businesses and disability-owned businesses are not charged a fee for certification and, if certified, are eligible to receive certain advantages including when bidding on public projects, similar to certified disabled veteran-owned businesses, woman-owned businesses, and minority businesses.
Under current law, state agencies must attempt to ensure that they pay minority businesses 5 percent of the total amount expended for state procurements in each fiscal year. The bill requires state agencies to attempt to ensure that they pay veteran-owned businesses, disability-owned businesses, and lesbian, gay, bisexual, or transgender-owned businesses an aggregate amount of 5 percent of the total amount expended for state procurements in each fiscal year.
Finally, the bill requires DOA to develop, maintain, and keep current a database of certified minority-owned businesses.
Creating the Office of Environmental Justice
The bill creates the Office of Environmental Justice in DOA. The office is led by a director outside the classified service who is appointed by the secretary of administration.
The duties of the office include all of the following: 1) developing a statewide climate risk assessment and resiliency plan; 2) assisting state agencies, local governments, and tribal governments with the development of climate risk assessment and resiliency plans; 3) administering a climate risk assessment and resiliency plan technical assistance grant program; 4) collaborating with state agencies and entities that serve vulnerable communities to address the impact of climate change on vulnerable communities; 5) providing guidance to state entities on issues regarding environmental justice and related community issues to address environmental issues and concerns that affect primarily low income and minority communities; and 6) creating an annual report on issues, concerns, and problems related to environmental justice. The bill also creates the unclassified positions of chief resiliency officer and director of the Office of Environmental Justice. Under the bill, the chief resiliency officer and the director of the Office of Environmental Justice are assigned to executive salary group three.
The bill makes an appropriation for the administration of the Office of Environmental Justice and the Office of Sustainability and Clean Energy and for the chief resiliency officer.
The bill also makes an appropriation for the climate risk assessment and resiliency plan technical assistance grant program.
Office of Sustainability and Clean Energy
The bill creates the Office of Sustainability and Clean Energy in DOA to administer certain energy programs. The bill requires the Office of Sustainability and Clean Energy to work on initiatives with specified goals regarding clean and renewable energy, innovative sustainability, and diversification of energy resources and imposes duties on the office for advising, supporting, reporting, and assisting state agencies, local governments, and private entities on clean and renewable energy. The bill allows the Office of Sustainability and Clean Energy to provide technical assistance to governmental units and private entities. In addition, the bill requires the Office of Sustainability and Clean Energy to establish a program for making grants for clean energy production research. The bill also makes an appropriation for grants for clean energy production research.
Clean energy small business incubator
The bill creates a clean energy small business incubator that is operated by the Office of Sustainability and Clean Energy in DOA. The incubator is required to provide business development, mentorship, and expertise to small businesses with primary places of business in this state that operate in the clean energy sector. The bill also creates a grant program operated by the incubator to provide grants to small business start-ups that operate in the clean energy sector with a primary place of business in this state and requires the Office of Sustainability and Clean Energy to establish requirements for recipients of such grants. Finally, the bill creates a new GPR appropriation for the administration of the incubator and for grants to small business start-ups in the clean energy sector.
Chief equity officer
The bill creates the unclassified position of chief equity officer in DOA, which is assigned to executive salary group four.
