Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB222 Compare Versions

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Version 2 (New)

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1		-	Date of enactment: April 3, 2024
2		-	2023 Senate Bill 222 Date of publication*: April 4, 2024
3		-	2023 WISCONSIN ACT 265
4		-	AN ACT to create 323.63 of the statutes; relating to: a pre−disaster flood resilience grant program.
5		-	The people of the state of Wisconsin, represented in
6		-	senate and assembly, do enact as follows:
7		-	SECTION 1. 323.63 of the statutes is created to read:
8		-	323.63 Pre−disaster flood resilience grant pro-
9		-	gram. (1) DEFINITIONS. In this section:
10		-	(a) “Assessment grant” means a grant awarded under
11		-	sub. (3).
12		-	(b) “Implementation grant” means a grant awarded
13		-	under sub. (4).
14		-	(c) “Local governmental unit” means any city, vil-
15		-	lage, town, county, regional planning commission, or
16		-	federally recognized American Indian tribe or band in
17		-	this state.
18		-	(d) “Program” means the pre−disaster flood
19		-	resilience grant program described in sub. (2) (a).
20		-	(2) CREATION AND ADMINISTRATION. (a) The division
21		-	shall create and administer a pre−disaster flood resilience
22		-	grant program to provide grants to applicants for the pur-
23		-	pose of identifying flood vulnerabilities, identifying
24		-	options to improve flood resiliency, and restoring hydrol-
25		-	ogy in order to reduce flood risk and damages in flood−
26		-	prone communities.
27		-	(b) The program shall provide grants as described in
28		-	subs. (3) and (4), and shall establish an annual grant
29		-	cycle.
30		-	(c) In each fiscal biennium, for each dollar the pro-
31		-	gram awards for an assessment grant under sub. (3), the
32		-	program may award no more than 67 percent of a dollar
33		-	for an implementation grant under sub. (4).
34		-	(3) ASSESSMENT GRANTS. (a) Assessment grants
35		-	awarded under this subsection shall support applicants’
36		-	generation and gathering of information on vulnerabili-
37		-	ties and identification of flood resilience priorities on a
38		-	watershed, catchment, or stream reach−scale through one
39		-	or more of the following activities:
40		-	1. Assessments aimed at understanding flood flows
41		-	and erosion hazards and vulnerabilities and identifying
42		-	opportunities to increase flood resilience, including
43		-	opportunities to restore wetland, stream, and floodplain
44		-	hydrology.
45		-	2. Development of culvert inventories using the
46		-	Great Lakes Stream Crossing Inventory, or using another
47		-	road−stream crossing inventory method that considers
48		-	structural risk factors, aquatic organism passage, and
49		-	upstream hydrologic conditions, and that is at least as
50		-	effective as the Great Lakes Stream Crossing Inventory.
51		-	3. Conducting hydrologic and hydraulic studies that
52		-	help develop hydrologic models.
53		-	(b) Data generated from activities under par. (a) may
54		-	not be deemed proprietary and shall be provided to enti-
55		-	ties that develop local hazard mitigation plans.
56		-	(c) The division may award an assessment grant of
57		-	up to $300,000 for any combination of activities enumer-
58		-	ated in par. (a). An assessment grant awarded under this
59		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
60		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 265 2023 Senate Bill 222
61		-	subsection shall be for a maximum of 75 percent of the
62		-	total anticipated project cost, and the assessment grant
63		-	recipient shall secure the remaining funding. The
64		-	remaining funding secured by the assessment grant recip-
65		-	ient or local governmental unit may include the value of
66		-	in−kind contributions, including goods and services and
67		-	administrative costs.
68		-	(d) An assessment grant application shall include the
69		-	following information:
70		-	1. Written documentation from the local governmen-
71		-	tal unit’s main decision−authorizing body indicating that
72		-	the body has authorized the local governmental unit’s
73		-	participation in the grant project.
74		-	2. Written documentation from the local governmen-
75		-	tal unit’s body responsible for expending the local gov-
76		-	ernmental unit’s funds indicating the body of the local
77		-	governmental unit’s commitment or intention to expend
78		-	funds or provide in−kind contributions for the grant proj-
79		-	ect.
80		-	3. Information detailing all sources of funding for the
81		-	project that will not be covered by the grant award under
82		-	this subsection.
83		-	(4) IMPLEMENTATION GRANTS. (a) Implementation
84		-	grants awarded under this subsection shall be used for
85		-	implementation of hydrologic restoration projects that
86		-	have been either identified or designed through an activ-
87		-	ity specified under sub. (3) (a), or through a comparable
88		-	assessment process, as determined by the division.
89		-	Implementation grants awarded under this subsection
90		-	shall support the regulatory coordination, engineering
91		-	and design, construction, or post−construction monitor-
92		-	ing of an applicant’s hydrologic restoration project that
93		-	reconnects streams and floodplains, reestablishes
94		-	healthy channel form and condition, mitigates erosion
95		-	hazards, removes or reduces wetland drainage, restores
96		-	or improves natural flow and movement of water or sedi-
97		-	ment, or reestablishes vegetation to support site stability
98		-	and help manage flow and infiltration.
99		-	(b) The maximum amount of an implementation
100		-	grant award under this subsection shall be $250,000. An
101		-	implementation grant awarded under this subsection
102		-	shall be for a maximum of 75 percent of the total antici-
103		-	pated project cost, and the implementation grant recipi-
104		-	ent shall secure the remaining funding. The remaining
105		-	funding secured by the assessment grant recipient or
106		-	local governmental unit may include the value of in−kind
107		-	contributions, including goods and services and adminis-
108		-	trative costs.
109		-	(c) An implementation grant application shall
110		-	include the following information:
111		-	1. Written documentation from the local governmen-
112		-	tal unit’s main decision−authorizing body indicating that
113		-	the body has authorized the local governmental unit’s
114		-	participation in the grant project.
115		-	2. Written documentation from the local governmen-
116		-	tal unit’s body responsible for expending the local gov-
117		-	ernmental unit’s funds indicating the body of the local
118		-	governmental unit’s commitment or intention to expend
119		-	funds or provide in−kind contributions for the grant proj-
120		-	ect.
121		-	3. Information detailing all sources of funding for the
122		-	project that will not be covered by the grant award under
123		-	this subsection.
124		-	(5) ELIGIBILITY. (a) The following persons are eligi-
125		-	ble to apply for a grant under this section:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 222
	5	+	April 14, 2023 - Introduced by Senators QUINN, CABRAL-GUEVARA, COWLES, JACQUE,
	6	+	JAMES, SPREITZER, TESTIN and WIMBERGER, cosponsored by Representatives
	7	+	OLDENBURG, NOVAK, ANDRACA, BALDEH, BEHNKE, CONLEY, EDMING, GREEN,
	8	+	KITCHENS, KRUG, KURTZ, MURSAU, PALMERI, RETTINGER, SHANKLAND, SPIROS and
	9	+	SUBECK. Referred to Committee on Housing, Rural Issues and Forestry.
	10	+	*AUTHORS SUBJECT TO CHANGE*
	11	+	AN ACT to create 323.63 of the statutes; relating to: a pre-disaster flood
	12	+	resilience grant program.
	13	+	Analysis by the Legislative Reference Bureau
	14	+	This bill requires the Division of Emergency Management (division) in the
	15	+	Department of Military Affairs to create and administer a pre-disaster flood
	16	+	resilience grant program. Under the program, the division may provide assessment
	17	+	or implementation grants for projects aimed at identifying and improving flood
	18	+	vulnerabilities and resilience priorities in local governmental units. “Local
	19	+	governmental unit” is defined in the bill to mean a city, village, town, county, regional
	20	+	planning commission, or federally recognized American Indian tribe or band in this
	21	+	state. The division may award to a grant applicant up to $300,000 per assessment
	22	+	grant, and $250,000 per implementation grant. The program grants may cover up
	23	+	to 75 percent of the total anticipated project cost, and the applicant must detail from
	24	+	where it will source the remaining funding.
	25	+	Under the bill, the division may only consider applications for a grant under the
	26	+	program if one of the following applies: 1) the application is for a project area that
	27	+	was the site of a presidentially declared disaster for flooding at any time in the 10
	28	+	years preceding the grant cycle; 2) the application is for a project area that was the
	29	+	site of a governor-declared state of emergency for flooding at any time in the 10 years
	30	+	preceding the grant cycle; or 3) the application is for a local governmental unit that
	31	+	has a division-approved hazard mitigation plan that identifies localized exposure to
	32	+	flood risk. The division may consult with other state agencies regarding the
	33	+	administration of the program or the review of grant applicants.
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	37	+	SENATE BILL 222
	38	+	Under the bill, persons awarded a grant under the pre-disaster flood resilience
	39	+	grant program must spend all of the program's grant moneys received within two
	40	+	years of receiving the grant moneys, and within 90 days of project completion must
	41	+	provide to the division a report regarding a summary of the project's goals, activities
	42	+	conducted with grant moneys, and data demonstrating project goals to date. No later
	43	+	than July 1, 2024, and annually thereafter, the division shall submit a report to the
	44	+	governor and appropriate standing committees of the legislature that describes
	45	+	program activities and accomplishments of the preceding year, lists the grant
	46	+	recipients and grants awarded, and makes a recommendation on program
	47	+	continuation and funding levels. However, no report is required for any year that the
	48	+	program is not funded.
	49	+	For further information see the state and local fiscal estimate, which will be
	50	+	printed as an appendix to this bill.
	51	+	The people of the state of Wisconsin, represented in senate and assembly, do
	52	+	enact as follows:
	53	+	SECTION 1. 323.63 of the statutes is created to read:
	54	+	323.63 Pre-disaster flood resilience grant program. (1) DEFINITIONS. In
	55	+	this section:
	56	+	(a) “Assessment grant” means a grant awarded under sub. (3).
	57	+	(b) “Implementation grant” means a grant awarded under sub. (4).
	58	+	(c) “Local governmental unit” means any city, village, town, county, regional
	59	+	planning commission, or federally recognized American Indian tribe or band in this
	60	+	state.
	61	+	(d) “Program” means the pre-disaster flood resilience grant program described
	62	+	in sub. (2) (a).
	63	+	(2) CREATION AND ADMINISTRATION. (a) The division shall create and administer
	64	+	a pre-disaster flood resilience grant program to provide grants to applicants for the
	65	+	purpose of identifying flood vulnerabilities, identifying options to improve flood
	66	+	resiliency, and restoring hydrology in order to reduce flood risk and damages in
	67	+	flood-prone communities.
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	85	+	SECTION 1
	86	+	SENATE BILL 222
	87	+	(b) The program shall provide grants as described in subs. (3) and (4), and shall
	88	+	establish an annual grant cycle.
	89	+	(c) In each fiscal biennium, for each dollar the program awards for an
	90	+	assessment grant under sub. (3), the program may award no more than 67 percent
	91	+	of a dollar for an implementation grant under sub. (4).
	92	+	(3) ASSESSMENT GRANTS. (a) Assessment grants awarded under this subsection
	93	+	shall support applicants' generation and gathering of information on vulnerabilities
	94	+	and identification of flood resilience priorities on a watershed, catchment, or stream
	95	+	reach-scale through one or more of the following activities:
	96	+	1. Assessments aimed at understanding flood flows and erosion hazards and
	97	+	vulnerabilities and identifying opportunities to increase flood resilience, including
	98	+	opportunities to restore wetland, stream, and floodplain hydrology.
	99	+	2. Development of culvert inventories using the Great Lakes Stream Crossing
	100	+	Inventory, or using another road-stream crossing inventory method that considers
	101	+	structural risk factors, aquatic organism passage, and upstream hydrologic
	102	+	conditions, and that is at least as effective as the Great Lakes Stream Crossing
	103	+	Inventory.
	104	+	3. Conducting hydrologic and hydraulic studies that help develop hydrologic
	105	+	models.
	106	+	(b) Data generated from activities under par. (a) may not be deemed proprietary
	107	+	and shall be provided to entities that develop local hazard mitigation plans.
	108	+	(c) The division may award an assessment grant of up to $300,000 for any
	109	+	combination of activities enumerated in par. (a). An assessment grant awarded
	110	+	under this subsection shall be for a maximum of 75 percent of the total anticipated
	111	+	project cost, and the assessment grant recipient shall secure the remaining funding.
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	138	+	SECTION 1 SENATE BILL 222
	139	+	The remaining funding secured by the assessment grant recipient or local
	140	+	governmental unit may include the value of in-kind contributions, including goods
	141	+	and services and administrative costs.
	142	+	(d) An assessment grant application shall include the following information:
	143	+	1. Written documentation from the local governmental unit's main
	144	+	decision-authorizing body indicating that the body has authorized the local
	145	+	governmental unit's participation in the grant project.
	146	+	2. Written documentation from the local governmental unit's body responsible
	147	+	for expending the local governmental unit's funds indicating the body of the local
	148	+	governmental unit's commitment or intention to expend funds or provide in-kind
	149	+	contributions for the grant project.
	150	+	3. Information detailing all sources of funding for the project that will not be
	151	+	covered by the grant award under this subsection.
	152	+	(4) IMPLEMENTATION GRANTS. (a) Implementation grants awarded under this
	153	+	subsection shall be used for implementation of hydrologic restoration projects that
	154	+	have been either identified or designed through an activity specified under sub. (3)
	155	+	(a), or through a comparable assessment process, as determined by the division.
	156	+	Implementation grants awarded under this subsection shall support the regulatory
	157	+	coordination, engineering and design, construction, or post-construction monitoring
	158	+	of an applicant's hydrologic restoration project that reconnects streams and
	159	+	floodplains, reestablishes healthy channel form and condition, mitigates erosion
	160	+	hazards, removes or reduces wetland drainage, restores or improves natural flow
	161	+	and movement of water or sediment, or reestablishes vegetation to support site
	162	+	stability and help manage flow and infiltration.
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	189	+	SECTION 1
	190	+	SENATE BILL 222
	191	+	(b) The maximum amount of an implementation grant award under this
	192	+	subsection shall be $250,000. An implementation grant awarded under this
	193	+	subsection shall be for a maximum of 75 percent of the total anticipated project cost,
	194	+	and the implementation grant recipient shall secure the remaining funding. The
	195	+	remaining funding secured by the assessment grant recipient or local governmental
	196	+	unit may include the value of in-kind contributions, including goods and services
	197	+	and administrative costs.
	198	+	(c) An implementation grant application shall include the following
	199	+	information:
	200	+	1. Written documentation from the local governmental unit's main
	201	+	decision-authorizing body indicating that the body has authorized the local
	202	+	governmental unit's participation in the grant project.
	203	+	2. Written documentation from the local governmental unit's body responsible
	204	+	for expending the local governmental unit's funds indicating the body of the local
	205	+	governmental unit's commitment or intention to expend funds or provide in-kind
	206	+	contributions for the grant project.
	207	+	3. Information detailing all sources of funding for the project that will not be
	208	+	covered by the grant award under this subsection.
	209	+	(5) ELIGIBILITY. (a) The following persons are eligible to apply for a grant under
	210	+	this section:
126	211		1. One or more local governmental units.
127		-	2. A nonprofit organization applying on behalf of one
128		-	or more local governmental units.
129		-	3. A private consulting organization applying on
130		-	behalf of one or more local governmental units.
131		-	(b) The division may consider an application for a
132		-	grant under this section only if one of the following
133		-	applies:
134		-	1. The application includes in its project area an area
135		-	that has been the site of a presidentially declared disaster
136		-	for flooding at any time in the 10 years preceding the
137		-	applicable grant cycle.
138		-	2. The application includes in its project area an area
139		-	that has previously been the site of a governor−issued
140		-	state of emergency for flooding at any time in the 10 years
141		-	preceding the applicable grant cycle.
142		-	3. The application is for a local governmental unit
143		-	that has a division−approved hazard mitigation plan that
144		-	identifies localized exposure to flood risk.
145		-	(6) GRANT RECIPIENT REQUIREMENTS. (a) 1. A grant
146		-	recipient shall spend all of the grant money received from
147		-	the program under this section on the project described in
148		-	the grant application within 2 years of receiving the grant
149		-	money.
150		-	2. Notwithstanding subd. 1., the division may extend
151		-	the time by which a grant recipient shall spend all of the
152		-	grant money received from the program under this sec-
153		-	tion to match a timeline requirement of a federal grant.
154		-	(b) A grant recipient shall provide to the division a
155		-	report within 90 days of completion of the grant project,
156		-	or 2 years after receiving the grant money, whichever
157		-	occurs first. The report shall summarize project goals,
158		-	activities conducted with the grant, and data and other
159		-	observations demonstrating progress−to−date toward
	212	+	2. A nonprofit organization applying on behalf of one or more local
	213	+	governmental units.
	214	+	3. A private consulting organization applying on behalf of one or more local
	215	+	governmental units.
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	242	+	SECTION 1 SENATE BILL 222
	243	+	(b) The division may consider an application for a grant under this section only
	244	+	if one of the following applies:
	245	+	1. The application includes in its project area an area that has been the site of
	246	+	a presidentially declared disaster for flooding at any time in the 10 years preceding
	247	+	the applicable grant cycle.
	248	+	2. The application includes in its project area an area that has previously been
	249	+	the site of a governor-issued state of emergency for flooding at any time in the 10
	250	+	years preceding the applicable grant cycle.
	251	+	3. The application is for a local governmental unit that has a division-approved
	252	+	hazard mitigation plan that identifies localized exposure to flood risk.
	253	+	(6) GRANT RECIPIENT REQUIREMENTS. (a) 1. A grant recipient shall spend all of
	254	+	the grant money received from the program under this section on the project
	255	+	described in the grant application within 2 years of receiving the grant money.
	256	+	2. Notwithstanding subd. 1., the division may extend the time by which a grant
	257	+	recipient shall spend all of the grant money received from the program under this
	258	+	section to match a timeline requirement of a federal grant.
	259	+	(b) A grant recipient shall provide to the division a report within 90 days of
	260	+	completion of the grant project, or 2 years after receiving the grant money, whichever
	261	+	occurs first. The report shall summarize project goals, activities conducted with the
	262	+	grant, and data and other observations demonstrating progress-to-date toward
160	263		project goals.
161		-	(7) POWERS AND DUTIES. (a) The division shall
162		-	develop methods for evaluating grant applications and
163		-	shall consider all of the following in evaluating a grant
	264	+	(7) POWERS AND DUTIES. (a) The division shall develop methods for evaluating
	265	+	grant applications and shall consider all of the following in evaluating a grant
164	266		application:
165		-	1. The extent to which the project area has been sub-
166		-	ject to, or is upstream from areas that have been subject
167		-	to, repetitive flooding and erosion damage.
168		-	2. The extent to which the project demonstrates a
169		-	cost−effective basis for the proposed actions.
170		-	3. The extent to which the project has a clear plan for
171		-	demonstrating measurable results. − 3 − 2023 Wisconsin Act 265 2023 Senate Bill 222
172		-	4. For assessment grant applications, the extent to
173		-	which the project will generate data useful for updates to
174		-	hazard mitigation plans, land and water resource man-
175		-	agement plans, or other local watershed plans or priori-
176		-	ties.
177		-	5. Other criteria that help prioritize projects with the
178		-	most beneficial impacts, as developed by the division.
179		-	(b) The division shall establish by policy grant appli-
180		-	cation requirements, including requirements relating to
181		-	project narratives, scopes of work, budgeting informa-
182		-	tion, supporting documentation, and project timelines.
183		-	(c) The division may consult with other state agen-
184		-	cies on the administration of the program or the review
185		-	of grant applications.
186		-	(d) The division shall make publicly available on the
187		-	division’s website each report received under sub. (6) (b).
188		-	(e) 1. Except as provided in subd. 2., no later than July
189		-	1, 2024, and annually thereafter, the division shall submit
190		-	a report to the governor and the appropriate standing
191		-	committees of the legislature under s. 13.172 (3). The
192		-	report shall describe program activities and accomplish-
193		-	ments of the preceding fiscal year, list the grant recipients
194		-	and grants awarded, and make a recommendation on pro-
195		-	gram continuation and funding levels.
196		-	2. A report under subd. 1. is not required in any year
197		-	in which there are no moneys appropriated to the depart-
198		-	ment for the grant programs under this section for the pre-
199		-	ceding fiscal year and all moneys that have been appro-
200		-	priated to the department for the grant programs under
201		-	this section in any previous fiscal year have been
202		-	expended and have previously been the subject of a
203		-	report under subd. 1.
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	295	+	1. The extent to which the project area has been subject to, or is upstream from
	296	+	areas that have been subject to, repetitive flooding and erosion damage.
	297	+	2. The extent to which the project demonstrates a cost-effective basis for the
	298	+	proposed actions.
	299	+	3. The extent to which the project has a clear plan for demonstrating
	300	+	measurable results.
	301	+	4. For assessment grant applications, the extent to which the project will
	302	+	generate data useful for updates to hazard mitigation plans, land and water resource
	303	+	management plans, or other local watershed plans or priorities.
	304	+	5. Other criteria that help prioritize projects with the most beneficial impacts,
	305	+	as developed by the division.
	306	+	(b) The division shall establish by policy grant application requirements,
	307	+	including requirements relating to project narratives, scopes of work, budgeting
	308	+	information, supporting documentation, and project timelines.
	309	+	(c) The division may consult with other state agencies on the administration
	310	+	of the program or the review of grant applications.
	311	+	(d) The division shall make publicly available on the division's website each
	312	+	report received under sub. (6) (b).
	313	+	(e) 1. Except as provided in subd. 2., no later than July 1, 2024, and annually
	314	+	thereafter, the division shall submit a report to the governor and the appropriate
	315	+	standing committees of the legislature under s. 13.172 (3). The report shall describe
	316	+	program activities and accomplishments of the preceding fiscal year, list the grant
	317	+	recipients and grants awarded, and make a recommendation on program
	318	+	continuation and funding levels.
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	342	+	24 - 8 -2023 - 2024 Legislature LRB-2504/1
	343	+	JAM:skw&emw
	344	+	SECTION 1 SENATE BILL 222
	345	+	2. A report under subd. 1. is not required in any year in which there are no
	346	+	moneys appropriated to the department for the grant programs under this section
	347	+	for the preceding fiscal year and all moneys that have been appropriated to the
	348	+	department for the grant programs under this section in any previous fiscal year
	349	+	have been expended and have previously been the subject of a report under subd. 1.
	350	+	(END)
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