2. One parcel of partly submerged land conveyed to the City of Racine in 1937 for the purpose of providing various public facilities, including docks, wharves, highways, and parks.

3. One parcel of partly submerged land conveyed to the City of Racine in 1963 for the purpose of providing various public facilities, including docks, wharves, highways, and parks, and for providing water recreation.

General use

This bill provides that the owner of the identified parcels may use the parcels for any public or public-private use, including the placement, replacement, or repair of structures, subject to restrictions. “Public-private use” means any use authorized by resolution of the common council of the city of Racine under a public-private partnership that is consistent with a public development plan. The bill makes the following restrictions on all uses of the specified parcels:

1. The 15 vertical feet above the surface of the lakebed fill may not be conveyed out of public ownership or converted to a private use.

2. Public use of the parcel must provide or increase public recreation, arts, event, or civic opportunities in or near navigable waters or increase or improve public access to navigable water.

3. The public owner of the parcel must maintain control over any private interest in and use of the parcel through use of specified contractual requirements.

4. At least 20 percent of property tax revenues generated from a public-private partnership must be dedicated to support and improve public access to and enjoyment of navigable waters or recreational opportunities within the parcels.

5. The majority of the land area of the parcels must remain in public ownership, be open to the public, and not be subject to public-private use.

Hotel development

The bill further authorizes the development of a hotel at a specified location on a portion of the identified parcels, subject to the following requirements:

1. The hotel must have an observation deck on the uppermost story or rooftop that offers views of Lake Michigan and is accessible to the public.

2. The hotel must have a restaurant on the uppermost story or rooftop that offers views of Lake Michigan and is accessible to the public.

3. The operator of the hotel must operate an adjacent municipal conference center so that the hotel functions as an expansion of the space and capabilities of the municipal conference center.

4. The ground floor of the hotel must occupy at least the first 15 vertical feet above the surface of the lakebed fill, and the majority of the space must contain conference and meeting space for events held at the municipal conference center.

5. The first-floor space of the hotel building must be at least 15 feet above the surface of the lakebed fill.

Because this bill concerns a conveyance of a lakebed area, the Department of Natural Resources, as required by law, will prepare a detailed report to be printed as an appendix to this bill.

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:

SB306,1 Section 1 . 30.2039 of the statutes is created to read:

SB306,2,2 30.2039 Use of filled lakebed in the city of Racine. (1) In this section:

SB306,2,3 (a) “Common council” means the common council of the city of Racine.

SB306,3,6 (b) “Public-private partnership” means a relationship in which a public entity contracts with a private entity to obtain specified public benefits from the private entity in exchange for allowing the private entity to construct, operate, and lease infrastructure in, on, or above formerly submerged lands that were filled subject to a lakebed grant and to control air rights and own infrastructure within the space that is more than 15 feet above the surface of the lakebed fill.

SB306,3,9 (c) “Public-private partnership agreement” means a written agreement between a public entity and one or more private entities that is approved by the common council.

SB306,3,13 (d) “Public-private use” means any use or combination of uses expressly authorized by resolution of the common council that occurs under a public-private partnership and is consistent with a public comprehensive development or redevelopment plan approved by the common council.

SB306,3,18 (2) (a) Notwithstanding s. 24.39 (4), 30.11, or 30.12 or any provision of a grant of a parcel identified in par. (c) and subject to par. (b), the owner of a parcel that is identified in par. (c) may use the parcel for any public or public-private use permitted under federal, state, and local law, including the placement, replacement, or repair of structures, if all of the following apply:

SB306,3,21 1. No portion of a parcel that is within 15 feet of the surface of the lakebed fill and that has previously been designated for public use is conveyed out of public ownership or converted to an entirely private use.