LRB-0223/1
EVM:bjk:ph
2009 - 2010 LEGISLATURE
March 24, 2009 - Introduced by Senator Plale, cosponsored by Representatives
Mason, Turner, Richards, Zepnick and Molepske Jr.. Referred to Committee
on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.
SB131,1,5 1An Act to amend 66.1106 (1) (i), 66.1106 (7) (a) and 66.1106 (11) (a); and to
2create
66.1106 (2) (c) and 66.1106 (7) (e) of the statutes; relating to:
3authorizing the cities of Cudahy and Oak Creek to use environmental
4remediation tax increments generated by one environmental tax incremental
5district to benefit another environmental remediation tax incremental district.
Analysis by the Legislative Reference Bureau
Under current law, the environmental remediation tax incremental financing
program permits a city, village, town, or county (political subdivision) to recoup the
costs of remediating contaminated property from property taxes that are levied on
the remediated property. The mechanism for financing remediation costs is very
similar to the mechanism for financing project costs under the tax incremental
financing (TIF) program.
Initially, the governing body of a political subdivision adopts a resolution
creating an environmental remediation tax incremental district (ERTID) with
particular boundaries. This resolution is then reviewed by a joint review board made
up of representatives of the overlying taxing jurisdictions. If the joint review board
approves the ERTID, a political subdivision that has incurred eligible costs to
remediate environmental pollution on a parcel of property may apply to the
Department of Revenue (DOR) to certify the environmental remediation tax
incremental base of the parcel. DOR is required to certify the environmental
remediation tax incremental base if the political subdivision submits to DOR all of

the following: 1) a statement that the political subdivision has incurred some eligible
costs, together with a detailed proposed remedial action plan approved by the
Department of Natural Resources (DNR) that contains cost estimates for anticipated
eligible costs, a schedule for the design and implementation that is needed to
complete the remediation, and certification from DNR that it has approved the site
investigation report that relates to the parcel; 2) a statement that all taxing
jurisdictions with authority to levy general property taxes on the parcel of property
have been notified that the political subdivision intends to recover its environmental
remediation costs by using an environmental remediation tax increment; and 3) a
statement that the political subdivision has attempted to recover its environmental
remediation costs from the person who is responsible for the environmental pollution
that is being remediated. Thereafter, the political subdivision that created the
ERTID may use positive environmental remediation tax increments to pay eligible
costs of remediating environmental pollution in the ERTID.
Currently, the maximum life of an ERTID is 23 years and no expenditure for
an eligible cost may be made by a political subdivision later than 15 years after the
environmental remediation tax incremental base is certified by DOR. Alternately,
an ERTID must terminate before its 23 year maximum life span if a political
subdivision receives sufficient environmental remediation tax increments to cover
all of its eligible costs.
This bill allows ERTID number one in the city of Cudahy and ERTID number
one in the city of Oak Creek to continue generating environmental remediation tax
increments after all of the eligible costs for each ERTID have been recovered. These
increments would be applied, respectively, to ERTID number two in the city of
Cudahy and an ERTID yet to be created in the city of Oak Creek. ERTID number
one in the city of Cudahy and ERTID number one in the city of Oak Creek would each
terminate 23 years after creation or once the eligible costs for the recipient ERTID
has been recovered, whichever occurs sooner.
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:
SB131, s. 1 1Section 1. 66.1106 (1) (i) of the statutes is amended to read:
SB131,2,62 66.1106 (1) (i) "Period of certification" means a period of not more than 23 years
3beginning after the department certifies the environmental remediation tax
4incremental base under sub. (4) or, a period before all eligible costs have been paid,
5or a period before all eligible costs of a recipient district designated under sub. (2) (c)
6have been paid,
whichever occurs first.
SB131, s. 2
1Section 2. 66.1106 (2) (c) of the statutes is created to read:
SB131,3,112 66.1106 (2) (c) Notwithstanding par. (a) or sub. (7) (d) 1. or (11) (a), after the
3date on which an environmental remediation tax incremental district has received
4aggregate environmental remediation tax increments with respect to the district in
5an amount equal to the aggregate of all eligible costs, but not later than the date on
6which the environmental remediation tax incremental district terminates under
7sub. (11) (b), the governing body of a political subdivision may adopt a resolution
8requesting that the department allocate positive environmental remediation tax
9increments generated by that donor environmental remediation tax incremental
10district to pay the eligible costs of another environmental remediation tax
11incremental district created by that governing body, if any of the following apply:
SB131,3,1512 1. The environmental remediation tax increments are generated by
13environmental remediation tax incremental district number one in the city of
14Cudahy to benefit environmental remediation tax incremental district number two
15in the city of Cudahy.
SB131,3,1916 2. The environmental remediation tax increments are generated by
17environmental remediation tax incremental district number one in the city of Oak
18Creek to benefit another environmental remediation tax incremental district that is
19located within the city of Oak Creek.
SB131, s. 3 20Section 3. 66.1106 (7) (a) of the statutes is amended to read:
SB131,4,221 66.1106 (7) (a) Subject to pars. (b), (c) and (d) to (e), the department shall
22annually authorize the positive environmental remediation tax increment with
23respect to a parcel or contiguous parcels of property during the period of certification
24to the political subdivision that incurred the costs to remediate environmental

1pollution on the property, except that an authorization granted under this paragraph
2does not apply after the department receives the notice described under sub. (10) (b).
SB131, s. 4 3Section 4. 66.1106 (7) (e) of the statutes is created to read:
SB131,4,104 66.1106 (7) (e) If the governing body of a political subdivision adopts a
5resolution described in sub. (2) (c), it shall provide a copy of the resolution to the
6department. The department shall authorize a positive environmental remediation
7tax increment generated by a donor district, as described in sub. (2) (c) 1. or 2., to the
8political subdivision which incurred eligible costs to remediate environmental
9pollution on another district within that political subdivision, as described in sub. (2)
10(c) 1. or 2., until the earlier of the following occurs:
SB131,4,1311 1. The political subdivision has received aggregate environmental remediation
12tax increments with respect to the recipient district in an amount equal to the
13aggregated of all of the eligible costs for that district.
SB131,4,1414 2. The donor district terminates under sub. (11) (b).
SB131, s. 5 15Section 5. 66.1106 (11) (a) of the statutes is amended to read:
SB131,4,1816 66.1106 (11) (a) The Except as provided in sub. (2) (c), the political subdivision
17has received aggregate environmental remediation tax increments with respect to
18the district in an amount equal to the aggregate of all eligible costs.
SB131,4,1919 (End)
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