Chapter 238

238.133(1)(e) (e) “Underground petroleum product storage tank” has the meaning given in s. 292.63 (1) (i).

238.133(2) (2) Duties of the corporation.

238.133(2)(a) (a) The corporation shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.192 (1) (s) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

238.133(2)(b) (b) The corporation may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

238.133(2)(c) (c) The corporation may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

238.133(2)(d) (d) The corporation shall establish criteria as necessary to administer the program. The corporation may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

238.133(3) (3) Eligible activities. The corporation may award grants to local governmental units to cover the costs of the following activities:

238.133(3)(a) (a) The investigation of environmental contamination on an eligible site or facility for the purposes of reducing or eliminating environmental contamination.

238.133(3)(b) (b) The demolition of any structures, buildings or other improvements located on an eligible site or facility.

238.133(3)(c) (c) The removal of abandoned containers, as defined in s. 292.41 (1), from an eligible site or facility.

238.133(3)(d) (d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of activities described in par. (b) on an eligible site or facility.

238.133(3)(e) (e) The removal of underground hazardous substance storage tank systems.

238.133(3)(f) (f) The removal of underground petroleum product storage tank systems.

238.133(4) (4) Application for grant. The applicant shall submit an application on a form prescribed by the corporation and shall include any information that the corporation finds necessary to calculate the amount of a grant.

238.133(5) (5) Grant criteria. The corporation shall consider the following criteria when determining whether to award a grant:

238.133(5)(a) (a) The local governmental unit’s demonstrated commitment to performing and completing necessary environmental remediation activities on the eligible site, including the local governmental unit’s financial commitment.

238.133(5)(b) (b) The degree to which the project will have a positive impact on public health and the environment.

238.133(5)(c) (c) Other criteria that the corporation finds necessary to calculate the amount of a grant.

238.133(6) (6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15 percent of the available funds appropriated under s. 20.192 (1) (s) for the fiscal year.

238.133(7) (7) Matching funds. The corporation may not distribute a grant unless the applicant contributes matching funds equal to 20 percent of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

238.133 History History: 1999 a. 9; 2001 a. 16, 30; 2011 a. 32 s. 2990r; Stats. 2011 s. 238.133; 2013 a. 20.

238.135 238.135 Grants to regional economic development organizations. The corporation shall award annual grants to regional economic development organizations to fund marketing activities. The amount of each grant may not exceed $100,000 or the amount of matching funds the organization obtains from sources other than the corporation or the state, whichever is less.

238.135 History History: 2011 a. 32.

238.143 238.143 Opportunity attraction and promotion.

238.143(1) (1) Definition. In this section, “eligible applicant” means any of the following in this state:

238.143(1)(a) (a) A city, village, town, or county.

238.143(1)(b) (b) An American Indian tribe or band in this state.

238.143(1)(c) (c) An area visitor and convention bureau.

238.143(1)(d) (d) A business improvement district.

238.143(1)(e) (e) A private entity.

238.143(2) (2) Establishment of program. The corporation shall establish and administer the economic development program under this section for the purpose of attracting opportunities and events to this state.

238.143(3) (3) Grants.

238.143(3)(a) (a) The corporation shall award grants to eligible applicants for major opportunities and events projects as provided under par. (b). The corporation shall prescribe the form of application and the information required to be submitted with an application, which shall include an estimate of projected direct and indirect economic benefits of the proposed opportunity or event to the state and a related cost-benefit analysis concerning the opportunity or event.

238.143(3)(b) (b) An eligible applicant shall expend all grant moneys on a project as specified in the application to attract to this state or host in this state, or both, a major opportunity or event that is open to the public, whether or not free of charge. Specifically, grant moneys may be used to undertake a project to do one or more of the following:

238.143(3)(b)1. 1. Bid against other states or jurisdictions outside this state to attract an opportunity or event that will draw national exposure and drive economic development and visitors to this state.

238.143(3)(b)2. 2. Host an opportunity or event that will attract national exposure and drive economic development and visitors to this state that the eligible applicant has secured through a competitive bid against other states or jurisdictions outside this state.

238.143(3)(c) (c) Grants awarded under this subsection are not subject to s. 238.03 (3) (a).

238.143(4) (4) Matching requirement. The corporation may not award a grant under sub. (3) unless the eligible applicant has secured from nonstate sources an amount equal to the amount of the proposed grant.

238.143(5) (5) Consultation with department of tourism. The corporation may consult with the department of tourism to implement the corporation’s duties under this section.

238.143(6) (6) Annual report. No later than October 1 of each year, the corporation shall submit a report to the joint committee on finance for the previous fiscal year that includes a detailed description of each grant awarded under sub. (3), including the eligible applicant’s analysis concerning the opportunity or event.

238.143 History History: 2023 a. 169.

238.145 238.145 Branch campus redevelopment grants.

238.145(1) (1) Definitions. In this section:

238.145(1)(a) (a) “Branch campus” means any of the former college campuses that were partnered with a university in the University of Wisconsin System restructuring plan approved by the Higher Learning Commission on or about June 28, 2018.

238.145(1)(b) (b) “Planning costs” include, among other expenses, expenses incurred in connection with hiring consultants, site planning, viability studies, and environmental compliance or remediation activities.

238.145(1)(c) (c) “Political subdivision” means a city, village, town, or county.

238.145(2) (2) Grants.

238.145(2)(a) (a) From the appropriation under s. 20.192 (1) (c), and subject to pars. (b) to (f), the corporation shall award grants to political subdivisions for costs, including planning costs and demolition costs, associated with the redevelopment of buildings or other sites owned by the political subdivision on a branch campus or former branch campus.

238.145(2)(b) (b) A grant may be awarded under this subsection only to fund activities that contribute to the overall economic improvement and enhancement of the community. These activities may include, among others, activities that facilitate job creation, workforce development, small business support, housing, or public infrastructure improvement.

238.145(2)(c) (c) The corporation may not award a grant under this subsection unless the political subdivision applying for the grant satisfies all of the following:

238.145(2)(c)1. 1. The political subdivision submits to the corporation community letters of support for the grant.

238.145(2)(c)2. 2. The political subdivision provides funding from local sources.

238.145(2)(d) (d) No grant awarded under this subsection may exceed $2,000,000.

238.145(2)(e) (e) The corporation shall award a grant under this subsection to Richland County. The corporation shall award grants to Fond du Lac County, Washington County, and Marinette County. This paragraph applies to a county only if the county satisfies all requirements under this subsection for the award of a grant.

238.145(2)(f) (f) The joint committee on finance may supplement the appropriation under s. 20.192 (1) (c) without finding that an emergency exists under s. 13.101 (3) (a) 1.

238.145(3) (3) Reports. No later than 90 days after completion of a project for which a grant is awarded under sub. (2), the political subdivision receiving the grant shall submit to the corporation and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report containing all of the following information:

238.145(3)(a) (a) The name of the grant recipient and the amount of the grant awarded.

238.145(3)(b) (b) A detailed description of how the grant funds were spent.

238.145 History History: 2023 a. 250.

238.15 238.15 Early stage business investment program.

238.15(1) (1) Angel investment tax credits. The corporation shall implement a program to certify businesses for purposes of s. 71.07 (5d). A business desiring certification shall submit an application to the corporation in each taxable year for which the business desires certification. The business shall specify in its application the investment amount it wishes to raise and the corporation may certify the business and determine the amount that qualifies for purposes of s. 71.07 (5d). The corporation may certify or recertify a business for purposes of s. 71.07 (5d) only if the business satisfies all of the following conditions:

238.15(1)(a) (a) It has its headquarters in this state.

238.15(1)(b) (b) At least 51 percent of the employees employed by the business are employed in this state, except that if a business fails to satisfy this paragraph in any year due to a business merger or acquisition, the corporation may grant the business a waiver that allows the business to remain eligible for certification or recertification under this subsection if all of the following apply:

238.15(1)(b)1. 1. The business maintains its headquarters in this state.

238.15(1)(b)2. 2. After the merger or acquisition, the business increases the number of employees the business employs in this state.

238.15(1)(b)3. 3. The corporation determines that the merger or acquisition was not for the purpose of relocating the business’s operations or employees from this state to another state or for the purpose of ceasing the business’s efforts to further grow and expand in this state.

238.15(1)(b)4. 4. No later than the first day of the 13th month beginning after the date of the merger or acquisition, at least 51 percent of the employees employed by the business are employed in this state.

238.15(1)(f) (f) It has the potential for increasing jobs in this state, increasing capital investment in this state, or both, and any of the following apply:

238.15(1)(f)1m. 1m. It is engaged in, or has committed to engage in, innovation, if the innovation involves the development of a differentiating technology, product, service, or production process.

238.15(1)(f)2. 2. It is undertaking pre-commercialization activity related to differentiating technology that includes conducting research, developing a new product or business process, or developing a service that is principally reliant on applying differentiating technology.

238.15(1)(g) (g) It is not primarily engaged in real estate development, insurance, banking, lending, lobbying, political consulting, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail trade, leisure, hospitality, transportation, or construction, except construction of power production plants that derive energy from a renewable resource, as defined in s. 196.378 (1) (h).

238.15(1)(h) (h) At the time it is initially certified under this subsection, it has less than 100 employees.

238.15(1)(j) (j) At the time it is initially certified under this subsection, it has been in operation in this state for not more than 10 consecutive years.

238.15(1)(k) (k) For taxable years beginning before January 1, 2008, it has not received more than $1,000,000 in investments that have qualified for tax credits under s. 71.07 (5d).

238.15(1)(km) (km) It has not received aggregate private equity investment in cash of more than $10,000,000 before it is initially certified under this subsection.

238.15(1)(kn) (kn) For taxable years beginning after December 31, 2007 and before January 1, 2011, it has not received more than $4,000,000 in investments that have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.

238.15(1)(L) (L) For taxable years beginning after December 31, 2010 and before January 1, 2018, it has not received more than $8,000,000 in investments that have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.

238.15(1)(Lg) (Lg) For taxable years beginning after December 31, 2017, it has not received more than $12,000,000 in investments that have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.

238.15(1)(m) (m)

238.15(1)(m)1. 1. It agrees that it will not relocate outside of this state during the 3 years after it receives an investment for which a person may claim a tax credit under s. 71.07 (5d) and agrees to pay the corporation a penalty, in an amount determined under subd. 2., if the business relocates outside of this state during that 3-year period. For the purposes of this paragraph, except as provided in policies and procedures under sub. (3) (dm), a business relocates outside of this state when the business locates more than 51 percent of any of the following outside of this state:

238.15(1)(m)1.a. a. The business’s employees.

238.15(1)(m)1.b. b. The business’s total payroll.

238.15(1)(m)1.c. c. The activities of the business’s headquarters, as determined by the corporation.

238.15(1)(m)2. 2. The amount of a penalty payment under subd. 1. is any of the following:

238.15(1)(m)2.a. a. If the relocation occurs less than 12 months after the investment, 100 percent of the tax credit that was claimed under s. 71.07 (5d) as the result of the investment.

238.15(1)(m)2.b. b. If the relocation occurs 12 months or more after the investment but less than 24 months after the investment, 80 percent of the tax credit that was claimed under s. 71.07 (5d) as the result of the investment.

238.15(1)(m)2.c. c. If the relocation occurs 24 months or more after the investment but less than 36 months after the investment, 60 percent of the tax credit that was claimed under s. 71.07 (5d) as the result of the investment.

238.15(1)(m)3. 3. Subdivision 1. does not apply to a business that the corporation certified for purposes of s. 71.07 (5d) before April 20, 2012, and that, in reliance on that certification, executed a note or bond that is convertible to an equity interest.

238.15(2) (2) Early stage seed investment tax credits. The corporation shall implement a program to certify investment fund managers for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. An investment fund manager desiring certification shall submit an application to the corporation. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the corporation may certify the manager and determine the amount that qualifies for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment fund manager, the corporation shall consider the investment fund manager’s experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The corporation may certify only investment fund managers that commit to consider placing investments in businesses certified under sub. (1).