3. Include information provided by the office about the office's services in any
informational material on permits that the agency provides to the public.
4. Promptly notify the office and the permit applicant if the agency determines
that an application for a permit is incomplete or otherwise defective and provide the
permit applicant a reasonable opportunity to correct the defect.
5. Periodically review and, if appropriate, revise the agency's administrative
rules and permit application forms to simplify and expedite the agency's permit
process.
6. Provide an opportunity for an informal preapplication meeting with the
agency's staff to any business interested in applying for a permit.
7. In any such preapplication meeting, identify all permits required by the
agency for a particular business activity, describe the steps and identify the time
period for each step in the permit process, and identify any potential problems the
business may encounter in that process.
8. Notify any business that contacts the agency about a permit of the
availability of a preapplication meeting and invite participation by office staff in any
preapplication meeting.
Brownfields redevelopment.
The bill also requires the office to act as an ombudsman for brownfields
redevelopment in Wisconsin. Under current law, brownfields redevelopment is any
work or undertaking by a person to acquire a brownfields facility or site and to raze,
demolish, remove, reconstruct, renovate, or rehabilitate the facility or existing
buildings, structures, or other improvements at the site for the purpose of promoting
the use of the facility or site for commercial, industrial, or other purposes. A
brownfield is an abandoned, idle, or underused industrial or commercial facility or
site, the expansion or redevelopment of which is adversely affected by actual or
perceived environmental contamination.
Under the bill, in its capacity as ombudsman for brownfields redevelopment,
the office must promote brownfields redevelopment and education of the public
concerning brownfields redevelopment; coordinate with government entities and
local economic development and community development organizations concerning
activities and responsibilities related to brownfields redevelopment; and, with the
Department of Workforce Development, coordinate job training related to
brownfields redevelopment for persons who are unemployed and reside in the
vicinity of a brownfields redevelopment project.
Publicizing the office's services.
Finally, under the bill, the office must maintain and publicize the availability
of a toll-free telephone number available to in-state and out-of-state callers, and

the office is required to seek to explain, promote, and publicize its services to the
public.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB647, s. 1 1Section 1. 238.09 of the statutes is created to read:
AB647,4,2 2238.09 Office of the business ombudsman. (1) Definitions. In this section:
AB647,4,33 (a) "Agency" has the meaning given in s. 227.01 (1).
AB647,4,44 (am) "Authority" has the meaning given in s. 16.70 (2).
AB647,4,55 (b) "Brownfields" has the meaning given in s. 238.13 (1) (a).
AB647,4,66 (c) "Brownfields redevelopment" has the meaning given in s. 238.13 (1) (b).
AB647,4,87 (d) "Business" means a sole proprietorship, partnership, limited liability
8company, joint venture, or corporation.
AB647,4,99 (e) "Office" means the office of the business ombudsman.
AB647,4,1210 (f) "Permit" means any approval of an agency, authority, county, municipality,
11or federal regulatory authority required as a condition of operating a business in this
12state or conducting any business activity in this state.
AB647,4,17 13(2) Establishment of the office. (a) The corporation shall establish and
14operate the office. The office shall serve as a liaison between businesses and
15agencies, authorities, counties, municipalities, local economic development and
16community development organizations, and federal regulatory authorities and shall
17have the goal of improving the conditions for conducting business in this state.
AB647,4,1918 (b) The office shall be staffed by at least one full-time employee of the
19corporation.
AB647,5,3
1(3) Agency enforcement actions. With respect to any action taken against a
2business by an agency to enforce a law or rule administered by the agency, the office
3shall do all of the following:
AB647,5,74 (a) Upon written request of the business, investigate the circumstances of the
5enforcement action and prepare recommendations concerning alternative penalties
6against the business, if any, that the office believes will achieve regulatory
7compliance without causing unnecessary hardship to the business.
AB647,5,88 (b) Submit to the agency all of the following:
AB647,5,109 1. A copy of the written request submitted by the business to the office under
10par. (a).
AB647,5,1111 2. Any recommendations prepared by the office under par. (a).
AB647,5,1612 3. A statement requesting that the agency submit to the office within 45 days
13after receipt of the statement a written response describing the enforcement action
14ultimately taken by the agency, or that the agency intends ultimately to take, against
15the business and what, if any, accommodations were made for the business as a result
16of the office's recommendations prepared under par. (a).
AB647,5,1717 (c) Annually do all of the following:
AB647,5,2018 1. Compile the requests received by the office under par. (a), the submissions
19made by the office under par. (b), and any responses to those submissions the office
20received from agencies.
AB647,5,2421 2. Analyze and evaluate the information under subd. 1. and any other relevant
22information to determine regulatory enforcement trends and the efficacy of the office
23in facilitating regulatory relief to and promoting regulatory compliance by
24businesses.
AB647,6,2
13. Include the information and findings under subds. 1. and 2. in the office's
2annual report under sub. (6).
AB647,6,4 3(4) Assistance concerning permits. (a) The office shall assist businesses to
4obtain and maintain applicable permits, including by doing all of the following:
AB647,6,55 1. Explaining the requirements for obtaining a particular permit.
AB647,6,96 2. Explaining the criteria the appropriate agency, authority, county,
7municipality, or federal regulatory authority applies in making a determination on
8a permit application and the time period within which that determination will
9typically be made.
AB647,6,1210 3. Arranging a meeting between the representatives of a business and the staff
11of the appropriate agency, authority, county, municipality, or federal regulatory
12authority concerning a permit or the permit application process.
AB647,6,1313 4. Tracking the progress of a permit application.
AB647,6,1514 5. Helping a business comply with applicable regulatory laws and rules,
15including by providing plain-language explanations of those laws and rules.
AB647,6,1716 (b) The office shall advocate for permit applicants, including by doing all of the
17following:
AB647,6,2018 1. Monitoring the permit process for a permit applicant to ensure that the
19permit is granted in the shortest amount of time possible consistent with applicable
20substantive requirements established by rule or law.
AB647,6,2121 2. Advocating legislative changes to improve and expedite any permit process.
AB647,7,222 (c) The office shall provide mediation or other dispute resolution services to
23facilitate the resolution of a dispute between an agency, authority, county,
24municipality, or federal regulatory authority and a permit applicant. The provision
25of mediation or other dispute resolution services with respect to an agency under this

1paragraph does not affect any right that a person may have to a contested case
2hearing under ch. 227.
AB647,7,53 (d) Except for services performed under par. (b) 2., the office may charge a
4business for its services provided under this subsection. Any amount the office
5charges for a service may not exceed the office's actual cost to provide that service.
AB647,7,76 (e) Nothing in this section relieves any person from the obligation to secure a
7required permit or satisfy any other legal requirement.
AB647,7,108 (f) The office shall not be liable for any consequences resulting from the failure
9of an agency, authority, county, municipality, or federal regulatory authority to issue
10a permit or the failure of a person to seek or obtain a permit.
AB647,7,13 11(5) Promotion of the office's services. (a) The office shall maintain and
12publicize the availability of a toll-free telephone number available to in-state and
13out-of-state callers.
AB647,7,1614 (b) The office shall seek to explain, promote, and publicize its services to the
15public and shall provide information about its services to agencies for inclusion in
16informational material that agencies provide to the public.
AB647,7,1817 (c) In its publicity efforts under pars. (a) and (b), the office shall clearly
18represent that its services are advisory, informational, and facilitative only.
AB647,7,21 19(6) Annual report. The office shall annually submit to the chief clerk of each
20house of the legislature for distribution to the appropriate standing committees
21under s. 13.172 (3) a report concerning the work of the office.
AB647,7,22 22(7) Responsibilities of agencies. (a) Each agency shall:
AB647,7,2323 1. Cooperate with the office consistent with this section.
AB647,8,3
12. Designate at least one employee of the agency to coordinate the agency's
2cooperation with the office consistent with this section and provide information to
3the office concerning permits and permit applications.
AB647,8,54 3. Respond promptly to the office concerning a request from the office for
5information about a permit or permit application or to expedite a permit.
AB647,8,76 4. Include information provided by the office under sub. (5) in any
7informational material on permits that the agency provides to the public.
AB647,8,108 5. Promptly notify the office and the permit applicant if the agency determines
9that an application for a permit is incomplete or otherwise defective and provide the
10permit applicant a reasonable opportunity to correct the defect.
AB647,8,1211 6. Periodically review and, if appropriate, revise the agency's administrative
12rules and permit application forms to simplify and expedite the permit process.
AB647,8,1513 (b) Each agency shall provide an opportunity for a preapplication meeting with
14the agency's staff to any business interested in applying for a permit upon request
15by the business or the office, and shall comply with the following requirements:
AB647,8,1616 1. Preapplication meetings conducted by the agency shall be informal.
AB647,8,2017 2. In any preapplication meeting, the agency shall identify all permits required
18by the agency for a particular business activity, describe the steps and identify the
19time period for each step in the permit process, and identify any potential problems
20the business may encounter in that process.
AB647,8,2221 3. The agency shall notify the office of and invite participation by office staff
22in any preapplication meeting.
AB647,8,2423 4. The agency shall notify any business that contact s the agency about a permit
24of the availability of a preapplication meeting.
AB647,9,3
1(8) Office responsibilities concerning brownfields redevelopment. The
2office shall act as an ombudsman for brownfields redevelopment. In that capacity,
3the office shall do all of the following:
AB647,9,54 (a) Promote brownfields redevelopment and education of the public concerning
5brownfields redevelopment.
AB647,9,96 (b) Coordinate with agencies, authorities, counties, municipalities, local
7economic development and community development organizations, and federal
8regulatory authorities concerning activities and responsibilities related to
9brownfields redevelopment.
AB647,9,1210 (c) With the department of workforce development, coordinate job training
11related to brownfields redevelopment for unemployed persons who reside in the
12vicinity of a brownfields redevelopment project.
AB647, s. 2 13Section 2. Effective date.
AB647,9,1514 (1) This act takes effect on the first day of the 4th month beginning after
15publication.
AB647,9,1616 (End)
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