LRB-1633/1
MPG:cjs
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 264
May 16, 2023 - Introduced by Representatives ARMSTRONG, O'CONNOR, BROOKS,
EMERSON, STEFFEN, C. ANDERSON, DOYLE, DUCHOW, EDMING, GREEN, JOERS,
MURPHY, ORTIZ-VELEZ, PENTERMAN, PETRYK, PLUMER, ROZAR, SCHRAA, SINICKI,
SNYDER, SWEARINGEN, WICHGERS, SHANKLAND and KRUG, cosponsored by
Senators QUINN, JACQUE, CABRAL-GUEVARA and JAGLER. Referred to
Committee on Housing and Real Estate.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 234.66 of the statutes; relating to: residential housing
infrastructure revolving loan fund and revolving loan program.
Analysis by the Legislative Reference Bureau
This bill establishes a residential housing infrastructure revolving loan fund
under the jurisdiction and control of the Wisconsin Housing and Economic
Development Authority. The purpose of the fund is for WHEDA to award revolving
loans as provided in the bill to residential housing developers for eligible housing
infrastructure projects supporting workforce and senior housing. The bill requires
WHEDA, for a period of four years, to set aside 25 percent of any moneys
appropriated to the fund in the 2023-25 fiscal biennium for housing infrastructure
projects supporting senior housing.
The bill includes definitions of both workforce housing and senior housing.
Workforce housing is defined for both rental and owner-occupied housing based on
the ratio of housing costs and the ratio of household income to the area median
income of the county in which the housing is located, adjusted for family size, as
published annually by the federal Department of Housing and Urban Development.
Under the bill, senior housing is housing that satisfies the definition of workforce
housing but is intended and operated primarily for occupancy by at least one person
55 years of age or older per dwelling unit.
In accordance with a semiannual application process established by WHEDA,
a residential housing developer may apply to WHEDA for a loan under the program,
but WHEDA may not award the loan unless the developer and the city, village, town,
or county or federally recognized American Indian tribe or band having jurisdiction
1
2 - 2 -2023 - 2024 Legislature LRB-1633/1
MPG:cjs
ASSEMBLY BILL 264
of the housing infrastructure project (“eligible governmental unit”) demonstrate to
the satisfaction of WHEDA in one or more forms prescribed by WHEDA that all of
the following apply:
1. The developer has secured the necessary financial resources for the total cost
of development of the residential housing supported by the eligible project.
2. The developer has secured all applicable federal, state, and local government
permits or other approvals for the eligible project and the residential housing
supported by the eligible project.
3. The eligible governmental unit has approved the developer's application for
the loan.
4. Any applicable sewer or water service area plan has been amended if
necessary.
5. The eligible governmental unit has reduced the cost of residential housing
in connection with the specific housing infrastructure project to be funded by the loan
by voluntarily revising zoning ordinances, subdivision regulations, or other land
development regulations to increase development density, expedite approvals,
reduce impact fees, or reduce parking, building, or other development costs with
respect to the construction of residential housing supported by the project.
6. To the extent applicable, the eligible governmental unit is in compliance with
certain statutory housing planning and reporting requirements.
7. If applicable, the eligible governmental unit has updated the housing
element of its comprehensive plan required by statute within the immediately
preceding five years.
If in any application cycle there are insufficient moneys available in the
residential housing infrastructure revolving loan fund to fund all applications that
meet the requirements of the bill and are otherwise acceptable to WHEDA, WHEDA
is required to prioritize funding loans for eligible projects in eligible governmental
units that have reduced the cost of residential housing as described in item 5 above
with respect to the governmental unit as a whole. The bill also authorizes WHEDA
to award loans to eligible governmental units accompanying a developer loan to
assist the governmental unit in covering additional infrastructure costs incurred by
the governmental unit in connection with a developer loan where such costs are not
directly related to the eligible project itself.
The bill prohibits WHEDA from charging any interest on any loan awarded
under the bill. Under the bill, no loan awarded to a developer may exceed 20 percent
of the total cost of development, including land purchase, of the residential housing
supported by the eligible project, and the bill limits loans to eligible governmental
units to no more than 10 percent of the amount of the loan awarded to the developer.
The bill requires that WHEDA enter into an agreement with each developer
receiving a loan under the bill that establishes the term and other conditions of the
loan. The agreement is required to include certain provisions, some of which are to
be recorded with the applicable register of deeds and to run with the land, that are
designed to ensure that the residential housing constructed in connection with a loan
remains workforce or senior housing for at least 10 years, whether rental or
owner-occupied, that require owner-occupied residential housing constructed in - 3 -2023 - 2024 Legislature
LRB-1633/1
MPG:cjs
ASSEMBLY BILL 264
connection with a loan to remain owner-occupied for at least 10 years, and that limit
for a 10-year period the sales price of such owner-occupied residential housing,
adjusted annually by the average compounded annual percentage increase in the
sale price of all residential housing in the county in which the housing is located, as
determined by WHEDA.
In addition to the requirement described above that WHEDA set aside for
senior housing 25 percent of any moneys appropriated to the fund in the 2023-25
fiscal biennium, the bill includes other requirements relative to WHEDA 's
distribution of such moneys, including the following:
1. WHEDA must, for a period of four years, set aside 30 percent of such moneys
for housing infrastructure projects in cities, villages, and towns with a population of
10,000 or less.
2. WHEDA must divide the state into regions based on the service jurisdiction
of each regional planning commission constituted under current law, with the
counties not served by a regional planning commission constituting collectively one
region. Under the bill, no such region may receive more than 25 percent of such
moneys in loans in any given application cycle.
Finally, the bill requires that WHEDA take actions to market the availability
of loans under the bill and to submit annual reports to the Joint Committee on
Finance and legislative committees having jurisdiction over housing relating to the
loan program and the residential housing infrastructure revolving loan fund created
under the bill.
Because this bill may increase or decrease, directly or indirectly, the cost of the
development, construction, financing, purchasing, sale, ownership, or availability of
housing in this state, the Department of Administration, as required by law, will
prepare a report to be printed as an appendix to this bill.
For further information see the state 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:
SECTION 1. 234.66 of the statutes is created to read:
234.66 Residential housing infrastructure revolving loan fund and
program. (1) DEFINITIONS. In this section:
(a) “Area median income" means the area median family income in the county
in which the housing is located, adjusted for family size, as published annually by
the federal department of housing and urban development.
1
2
3
4
5
6 - 4 -2023 - 2024 Legislature LRB-1633/1
MPG:cjs
SECTION 1 ASSEMBLY BILL 264
(b) “Developer” means a person other than a city, village, town, or county or
federally recognized American Indian tribe or band in this state that constructs or
creates residential housing.
(c) “Eligible governmental unit” means the governmental unit having
jurisdiction of an eligible project, as determined by the authority.
(d) “Eligible project” means a project for housing infrastructure for workforce
housing or senior housing.
(e) “Governmental unit” means a city, village, town, or county or federally
recognized American Indian tribe or band in this state.
(e) “Housing infrastructure” means that portion of the installation,
replacement, upgrade, or improvement of public infrastructure, or private
infrastructure in rural areas if transferred to public use, as determined by the
authority, that relates to an eligible project.
(f) “Public infrastructure” means any of the following that is or will be owned,
maintained, or provided to or by a governmental unit:
1. A water distribution system.
2. A water treatment plant.
3. A wastewater treatment plant.
4. A sanitary sewer system.
5. A storm sewer system.
6. A stormwater retention pond.
7. A lift or pump station.
8. A street, road, alley, or bridge.
9. A curb, gutter, or sidewalk.
10. A traffic device.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 5 -2023 - 2024 Legislature
LRB-1633/1
MPG:cjs
SECTION 1
ASSEMBLY BILL 264
11. A street light.
12. An electric or gas distribution line.
(g) “Residential housing” means new single-family or multifamily housing for
rent or sale that is subject to taxation under ch. 70.
(h) “Senior housing” means residential housing that satisfies par. (i) 1. to 4. and
that is intended and operated primarily for occupancy by at least one person 55 years
of age or older per dwelling unit, as determined by the authority.
(i) “Workforce housing” means residential housing that satisfies all of the
following, as determined by the authority.
1. For housing intended to be rented, the estimated annual housing costs, as
defined under s. 16.301 (3), do not exceed, or are not expected to exceed, 30 percent
of 100 percent of the area median income, with family size determined using the
federal imputed income limitation, as defined in 26 USC 42 (g) (2) (C), and the
utility-related costs if not included in the rent equal the utility allowance
determined by the federal department of housing and urban development.
2. For housing intended to be occupied by the owner, the estimated annual
housing costs, as defined under s. 16.301 (3), do not exceed, or are not expected to
exceed, 30 percent of 140 percent of the area median income, with family size
determined using the federal imputed income limitation, as defined in 26 USC 42 (g)
(2) (C).
3. For housing intended to be rented, the housing is for occupancy by
individuals whose annual household income does not exceed 100 percent of the area
median income.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 - 6 -2023 - 2024 Legislature LRB-1633/1
MPG:cjs
SECTION 1 ASSEMBLY BILL 264
4. For housing intended to be occupied by the owner, the housing is for purchase
by individuals whose annual household income is not more than 140 percent of the
area median income.
(2) ESTABLISHMENT OF FUND. (a) There is established under the jurisdiction and
control of the authority a residential housing infrastructure revolving loan fund, for
the purpose of providing loans under sub. (3). The authority may use moneys in the
fund to cover actual and necessary expenses incurred to accomplish the purposes of
this section, including marketing expenses under sub. (6), and administer the fund.
The fund shall consist of all of the following:
1. All moneys appropriated to the authority for the fund.
2. All moneys received from the repayment of loans under sub. (3).
(b) Of the amounts deposited in the fund under par. (a) 1. in the 2023-25 fiscal
biennium, the authority shall return to the secretary of administration for deposit
in the general fund all such amounts not encumbered or expended for an eligible
project as of the first day of the 8th year beginning after the effective date of this
paragraph .... [LRB inserts date].
(c) No moneys in the fund may be invested under s. 234.03 (18).
(3) ESTABLISHMENT OF REVOLVING LOAN PROGRAM. The authority shall establish
and administer a residential housing infrastructure revolving loan program for the
purpose of awarding loans under this section.
(4) LOANS TO RESIDENTIAL HOUSING DEVELOPERS. (a) From the residential
housing infrastructure revolving loan fund, the authority may award loans to
developers to cover housing infrastructure costs for an eligible project. Any
developer may apply to the authority for a loan under this subsection in accordance
with the application process established by the authority under par. (b), but the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 7 -2023 - 2024 Legislature
LRB-1633/1
MPG:cjs
SECTION 1
ASSEMBLY BILL 264
authority may not award the loan unless the developer and the eligible governmental
unit demonstrate to the satisfaction of the authority in one or more forms prescribed
by the authority that all of the following apply:
1. The developer has secured the necessary financial resources for the total cost
of development of the residential housing supported by the eligible project.
2. The developer has secured all applicable federal, state, and local government
permits or other approvals for the eligible project and the residential housing
supported by the eligible project.
3. The eligible governmental unit has approved the developer's application for
the loan.
4. Any applicable sewer or water service area plan has been amended if
necessary.
5. The eligible governmental unit has reduced the cost of residential housing
in connection with the eligible project by voluntarily revising zoning ordinances,
subdivision regulations, or other land development regulations to increase
development density, expedite approvals, reduce impact, water connection, and
inspection fees, or reduce parking, building, or other development costs with respect
to the development of residential housing supported by the project. For purposes of
this subdivision, the governmental unit in cooperation with the developer shall
submit to the authority a cost reduction analysis in a form prescribed by the
authority and signed by the developer and the head of the governmental unit's
governing body that shows the cost reduction measures, including time saving
measures, undertaken by the governmental unit on or after January 1, 2023, that
have reduced the cost of residential housing in connection with the eligible project.
The signed analysis shall clearly show for each time saving or cost reduction measure
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 8 -2023 - 2024 Legislature LRB-1633/1
MPG:cjs
SECTION 1 ASSEMBLY BILL 264
the estimated time or dollar amount saved by the developer and the estimated
percentage reduction in housing costs.
6. The eligible governmental unit is in compliance with the requirements under
ss. 66.1001, 66.10013, and 66.10014, to the extent those requirements apply to the
governmental unit.
7. If applicable, the eligible governmental unit has updated the housing
element of its comprehensive plan under s. 66.1001 (2) (b) within the 5 years
immediately preceding the date of the loan application.
(b) The authority shall establish and provide a semiannual application process,
including underwriting guidelines, for the award of loans under this subsection. If
in any application cycle there are insufficient moneys available in the residential
housing infrastructure revolving loan fund to fund all applications that meet the
requirements under par. (a) and are otherwise acceptable to the authority, the
authority shall prioritize funding loans for eligible projects in eligible governmental
units that have reduced the cost of residential housing as described in par. (a) 5. but
with respect to the governmental unit as a whole.
(c) 1. The authority shall charge no interest on a loan awarded under this
subsection.
2. No loan awarded under this subsection may exceed 20 percent of the total
cost of development, including land purchase, of the residential housing supported
by the eligible project.
(d) The authority shall set aside 25 percent of all moneys deposited in the fund
under sub. (2) (a) 1. in the 2023-25 fiscal biennium for a period of not less than 4 years
following the effective date of this paragraph .... [LRB inserts date], for loans
awarded under this subsection and sub. (5) for eligible projects supporting senior
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 9 -2023 - 2024 Legislature
LRB-1633/1
MPG:cjs
SECTION 1
ASSEMBLY BILL 264
housing. For purposes of this paragraph, if a loan supports both workforce housing
and senior housing, the amount of such loan supporting senior housing shall be
calculated by prorating the loan amount between the 2 uses based on the number of
residential housing units supported by the loan.
(e) The authority shall set aside 30 percent of all moneys deposited in the fund
under sub. (2) (a) 1. in the 2023-25 fiscal biennium, including 30 percent of all
moneys set aside under par. (d), for a period of not less than 4 years following the
effective date of this paragraph .... [LRB inserts date], for loans awarded under this
subsection and sub. (5) for eligible projects in cities, villages, and towns with a
population of 10,000 or less. For purposes of this paragraph, if a single loan supports
eligible projects for more than one city, village, or town, the amount of such loan
attributable to any one city, village, or town shall be calculated by prorating the loan
amount between the cities, villages, and towns based on the number of residential
housing units supported by the loan.
(f) The authority shall divide the state into regions based on the service
jurisdiction as of the effective date of this paragraph .... [LRB inserts date], of each
regional planning commission constituted under s. 66.0309, with the counties not
served by a regional planning commission as of that date constituting collectively one
region. Of all moneys deposited in the fund under sub. (2) (a) 1. in the 2023-25 fiscal
biennium, no region may receive more than 25 percent in loans awarded under this
subsection and sub. (5) in any given application cycle.
(g) 1. The authority and each developer receiving a loan under this subsection
shall enter into an agreement establishing the term and other conditions of the loan.
The agreement shall include, and give the authority the power to enforce, all of the
following requirements:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 10 -2023 - 2024 Legislature LRB-1633/1
MPG:cjs
SECTION 1 ASSEMBLY BILL 264
a. That the full amount of the loan shall become due upon the developer's sale
or transfer of all residential housing constructed in connection with the loan.
b. That all residential housing constructed in connection with the loan shall
remain workforce housing or senior housing, as applicable, for a period commencing
on the date of the loan and concluding 10 years following initial occupancy of the
residential housing constructed in connection with the loan. This restriction shall
be recorded against the residential property with the applicable register of deeds and
shall run with the land.
c. With respect to each loan under this subsection for workforce housing or
senior housing intended for rent, that the owner of the rental housing, for a period
commencing on the date of the loan and concluding 10 years following initial
occupancy of all of the rental units constructed in connection with the loan, shall
annually submit to the authority a certified rent roll for the housing that sets forth
for each rental unit the monthly rent required under the lease, the actual monthly
rent received for the preceding year, and an identification of the utilities and their
amounts included in the rent. This restriction shall be recorded against the
residential property with the applicable register of deeds and shall run with the land.
The authority shall use the information provided under this subd. 1. c. to confirm
that the rental housing continues to meet the housing costs limitation for purposes
of sub. (1) (h) and (i) 1. The authority shall calculate the applicable monthly
limitation on housing costs for each year by dividing the area median income for the
year by 12, with family size determined using the federal imputed income limitation,
as defined in 26 USC 42 (g) (2) (C). If in any year the area median income has
decreased compared to the prior year, the applicable housing cost limitation shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 11 -2023 - 2024 Legislature
LRB-1633/1
MPG:cjs
SECTION 1
ASSEMBLY BILL 264
calculated based on the most recent area median income information prior to such
decrease.
d. With respect to each loan under this subsection for workforce housing or
senior housing intended to be owner-occupied, that for the 10-year period
commencing immediately after the developer closes on the sale of the housing to the
initial owner-occupier, the housing shall remain owner-occupied and may not be
sold for a price that exceeds the price charged by the developer to the initial
owner-occupier, adjusted annually by the average compounded annual percentage
increase in the sale price of all residential housing in the county in which the housing
is located, as determined by the authority. These restrictions shall be recorded
against the residential property with the applicable register of deeds and shall run
with the land.
2. Any restriction recorded against the property under subd. 1. shall terminate
on the date the property is acquired by foreclosure, or by an instrument in lieu of
foreclosure, unless the authority determines that the acquisition is part of an
arrangement a purpose of which is to terminate the restriction.
(h) In addition to other criteria explicitly provided for under this subsection,
in awarding each loan under this subsection, the authority shall take into account
only the following in descending order of priority:
1. Credit risk, collateral, and the need for a loan guarantee.
2. The estimated reduction in housing costs.
3. The need for workforce housing or senior housing in the area.
(5) LOANS TO GOVERNMENTAL UNITS. (a) If the authority awards a loan to a
developer for an eligible project under sub. (4), the authority may award a loan from
the residential housing infrastructure revolving loan fund to the eligible
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 12 -2023 - 2024 Legislature LRB-1633/1
MPG:cjs
SECTION 1 ASSEMBLY BILL 264
governmental unit approving the developer's loan. The authority and each
governmental unit receiving a loan under this subsection shall enter into an
agreement establishing the term and other conditions of the loan. The eligible
governmental unit may use proceeds of a loan awarded under this subsection to cover
public infrastructure costs incurred by the governmental unit in connection with the
eligible project that are not directly related to the eligible project itself.
(b) The authority shall charge no interest on a loan awarded under this
subsection.
(c) No loan awarded under this subsection may exceed 10 percent of the amount
of the loan awarded to the developer under sub. (4).
(6) MARKETING. The authority shall establish and administer a marketing
program to advertise the loans available under this section.
(7) ANNUAL REPORTS. Beginning in 2024, no later than August 1 of each year,
the authority shall submit to the joint committee on finance and under s. 13.172 (3)
to the standing committees of the legislature having jurisdiction over matters
related to housing a report that includes all of the following:
(a) A statement of the condition and balance of the residential housing
infrastructure revolving loan fund.
(b) Information concerning each loan awarded under sub. (4) or (5), including
all of the following:
1. The date, amount, amortization period, and current status of the loan.
2. An identification of the loan recipient.
3. A description of the eligible project funded with the loan, including whether
the project is for workforce housing or senior housing.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 13 -2023 - 2024 Legislature
LRB-1633/1
MPG:cjs
SECTION 1
ASSEMBLY BILL 264
4. An identification of the eligible governmental unit with respect to which the
loan was awarded.
(c) The number of dwelling units created to date as a result of the loan program,
the locations and sale or rental prices of the dwelling units, and whether the dwelling
units constitute workforce housing or senior housing.
(END)
1
2
3
4
5
6