2021 - 2022 LEGISLATURE
June 14, 2021 - Introduced by Senators Kooyenga and Cowles, cosponsored by
Representative J. Rodriguez. Referred to Committee on Natural Resources
and Energy.
SB424,1,5
1An Act to amend 200.35 (14) (title), 200.35 (14) (a) 2. and 200.35 (14) (b); and
2to create 200.35 (14) (a) 2. b., 200.35 (14) (d) 3m. and 200.35 (14) (h) of the
3statutes;
relating to: authorization for metropolitan sewerage districts
4containing a first class city to finance and construct a dredged material
5management facility located in the city of Milwaukee.
Analysis by the Legislative Reference Bureau
This bill allows a metropolitan sewerage commission for a sewerage district
including a first class city (currently only the city of Milwaukee) to finance and
construct a dredged material management facility for the Milwaukee Estuary Area
of Concern at a location in the city of Milwaukee.
The Milwaukee Estuary is one of the “Areas of Concern” across the Great Lakes
identified under the 1987 Great Lakes Water Quality Agreement. The Great Lakes
Water Quality Agreement is an agreement between the United States and Canada
to restore and protect the waters of the Great Lakes. The U.S. Environmental
Protection Agency coordinates U.S. activities under this agreement. The Water
Quality Agreement defines an “area of concern” as “a geographic area designated by
the Parties where significant impairment of beneficial uses has occurred as a result
of human activities at the local level."
Current law allows a metropolitan sewerage commission for a sewerage district
including a first class city to participate in certain shore protection projects, but the
provision does not apply to any project after January 1, 1992. The bill would modify
certain current law requirements, including the date restriction, to specifically allow
the metropolitan sewerage commission to construct projects, including a dredged
material management facility project, before January 1, 2032. Under the bill, the
commission must pay for all the costs of the dredged material management facility
project through its capital budget and may finance the project by issuance of bonds
or notes that must be made payable within 35 years. The bill also provides that the
commission may reserve space in the dredged material management facility for the
disposal of sediment from flood management projects. The bill is contingent upon
the commission adopting a resolution by the end of calendar year 2021 that
establishes a requirement that through 2028, the Milwaukee Metropolitan
Sewerage District's capital budget levy increases will be at or below a six-year rolling
average of three percent.
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:
SB424,1
1Section 1
. 200.35 (14) (title) of the statutes is amended to read:
SB424,2,32
200.35
(14) (title)
Shore protection projects and dredged material
3management facility.
SB424,2
4Section 2
. 200.35 (14) (a) 2. of the statutes is amended to read:
SB424,2,55
200.35
(14) (a) 2. “Project" means
a any of the following:
SB424,2,9
6a. A shore protection or erosion control project which consists, in whole or in
7part, of waste rock produced by construction projects undertaken by the commission
8and which has been requested, by resolution, by a political subdivision with territory
9in the district's service area.
SB424,3
10Section 3
. 200.35 (14) (a) 2. b. of the statutes is created to read:
SB424,2,1111
200.35
(14) (a) 2. b. A dredged material management facility.
SB424,4
12Section 4
. 200.35 (14) (b) of the statutes is amended to read:
SB424,3,213
200.35
(14) (b) The commission may construct a project
under this subsection
14and may finance and construct a project that is a dredged material management
1facility. This paragraph does not apply to the construction of any project on or after
2January 1,
1992 2032.
SB424,5
3Section
5. 200.35 (14) (d) 3m. of the statutes is created to read:
SB424,3,94
200.35
(14) (d) 3m. Notwithstanding any requirements to the contrary in
5subds. 1. to 3., for a dredged material management facility constructed by the
6commission, the commission shall pay for all the costs of the project through its
7capital budget and may finance the project pursuant to s. 200.55. Notwithstanding
8s. 67.07, district bonds or notes issued to finance the project shall be made payable
9within a period of 35 years from the date of the bonds or notes.
SB424,6
10Section 6
. 200.35 (14) (h) of the statutes is created to read:
SB424,3,1311
200.35
(14) (h) For a dredged material management facility constructed by the
12commission, the commission may reserve space in the dredged material
13management facility for the disposal of sediment from flood management projects.
SB424,9401
14Section 9401.
Effective dates; Administration.
SB424,3,2315
(1)
Metropolitan sewerage commission levy increase. If the metropolitan
16sewerage commission created under s. 200.23 adopts a resolution by December 31,
172021, that establishes a requirement that through 2028, the Milwaukee
18Metropolitan Sewerage District's capital budget levy increases will be at or below a
196-year rolling average of 3 percent, then the treatment of s. 200.35 (14) (title), (a) 2.
20and 2. b., (b), (d) 3m., and (h) takes effect on the effective date of that resolution. If
21the metropolitan sewerage commission created under s. 200.23 does not adopt such
22a resolution by December 31, 2021, then the treatment of s. 200.35 (14) (title), (a) 2.
23and 2. b., (b), (d) 3m., and (h) is void.