Amendment SSA1-SB840

EVM:cdc

2021 - 2022 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 840

February 17, 2022 - Offered by Senator Stafsholt.

SB840-SSA1,1,5 An Act to renumber 60.61 (2) (b); to renumber and amend 62.23 (7) (b); and to create 60.61 (2) (b) 2., 60.61 (2) (b) 3., 62.23 (7) (b) 3., 66.10015 (1) (es), 66.10015 (7) and 236.11 (2) (am) of the statutes; relating to: local approvals of workforce housing projects and a requirement that street addresses be assigned at the time of subdivision plat approval.

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

SB840-SSA1,1 Section 1. 66.10015 (1) (es) of the statutes is created to read:

SB840-SSA1,1,10 66.10015 (1) (es) “Workforce housing” means housing to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5-year average median income and housing costs as calculated by the U.S. Bureau of the Census in its American Community Survey:

SB840-SSA1,1,12 1. The housing costs a household no more than 30 percent of the household's gross median income.

SB840-SSA1,2,3 2. The residential units are for initial occupancy by individuals whose household median income is no more than 120 percent of the county's gross median income.

SB840-SSA1,2 Section 2. 66.10015 (7) of the statutes is created to read:

SB840-SSA1,2,6 66.10015 (7) Workforce housing. (a) A political subdivision shall do all of the following:

SB840-SSA1,2,9 1. 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.

SB840-SSA1,2,13 2. Approve any application for approval of a workforce housing project that is consistent with the housing element of the political subdivision's comprehensive plan and consistent with the political subdivision's zoning ordinance unless the political subdivision demonstrates that all of the following apply:

SB840-SSA1,2,20 a. The project would have an adverse impact on public health or safety that is significant, quantifiable, direct, and unavoidable. A political subdivision shall demonstrate an adverse impact under this subd. 2. a. by reference to objective written standards, policies, or conditions relating to public health or safety that exist on the date that the political subdivision receives the application. A zoning ordinance or other general land use plan is not an objective written standard, policy, or condition relating to public health or safety under this subd. 2. a.

SB840-SSA1,2,22 b. The impact under subd. 2. a. cannot be mitigated without making the project financially infeasible as a workforce housing project.

SB840-SSA1,3,3 (b) A person aggrieved by the failure of a political subdivision to approve an application under par. (a) 2. for a workforce housing project may appeal the decision to the circuit court of the county in which the project was to be completed. If the court finds that the political subdivision has failed to satisfy the requirements of s. 66.1001 (2) (b), 66.10013, or 66.10014, the court shall order the political subdivision to approve the application.

SB840-SSA1,3 Section 3. 236.11 (2) (am) of the statutes is created to read:

SB840-SSA1,3,9 236.11 (2) (am) If a plat is approved or deemed approved by an approving authority under par. (a) and the approving authority has the right to assign a street address to a lot within the plat, the approving authority shall, no later than the date of approval, assign the lot's street address, unless the time is extended by agreement with the subdivider.

SB840-SSA1,4 Section 4 . Initial applicability.

SB840-SSA1,3,12 (1) The treatment of s. 66.10015 (7) (a) 2. and (b) first applies to an application received on the effective date of this subsection.

SB840-SSA1,3,14 (2) The treatment of s. 236.11 (2) (am) first applies to a preliminary or final plat submitted for approval under s. 236.11 on the effective date of this subsection.

SB840-SSA1,5 Section 5. Effective dates. This act takes effect on the day after publication, except as follows:

SB840-SSA1,3,18 (1) The treatment of s. 66.10015 (7) (a) 2. and (b) and Section 4 (1 ) of this act take effect on the 180th day after the day of publication.

SB840-SSA1,3,19 (End)