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2023 - 2024 LEGISLATURE
2023 SENATE BILL 785
December 8, 2023 - Introduced by Senators SMITH, HESSELBEIN, PFAFF and
SPREITZER, cosponsored by Representatives BILLINGS, ANDRACA, BALDEH,
CONLEY, CONSIDINE, DOYLE, DRAKE, EMERSON, JOERS, MADISON, OHNSTAD,
RATCLIFF, SHANKLAND and PALMERI. Referred to Committee on Natural
Resources and Energy.
AN ACT to create 20.370 (9) (pq) and 23.199 of the statutes; relating to: creating
a Mississippi River erosion control revolving loan program, extending the time
limit for emergency rule procedures, providing an exemption from emergency
rule procedures, granting rule-making authority , and making an
appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to administer a
revolving loan program to assist municipalities and owners of homes located on the
shore of the Mississippi River where the structural integrity of municipal buildings
or homes is threatened by erosion of the shoreline. The bill appropriates $2,000,000
to DNR for this purpose and increases DNR's position authorization by 0.5 FTE
position to administer the program. The bill requires DNR to promulgate rules to
administer the program, including eligibility requirements and income limitations,
and authorizes DNR to promulgate emergency rules for the period before permanent
rules take effect.
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:
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SECTION 1 SENATE BILL 785
SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.370 Natural resources, department of
(9) EXTERNAL SERVICES
(pq)Mississippi River erosion control
revolving loan program SEG C 2,000,000 -0-
SECTION 2. 20.370 (9) (pq) of the statutes is created to read:
20.370 (9) (pq) Mississippi River erosion control revolving loan program. As
a continuing appropriation, from the environmental fund, the amounts in the
schedule for the Mississippi River erosion control revolving loan program under s.
23.199.
SECTION 3. 23.199 of the statutes is created to read:
23.199 Mississippi River erosion control revolving loan program. (1)
The department shall administer a revolving loan program to assist municipalities
and owners of homes located on the shore of the Mississippi River where the
structural integrity of municipal buildings or homes is threatened by erosion of the
shoreline.
(2) The department shall make loans under this section from the appropriation
account under s. 20.370 (9) (pq).
(3) The department shall promulgate rules to administer this section,
including rules establishing eligibility criteria and income limitations for loans
under this section.
SECTION 4.0Nonstatutory provisions.
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SECTION 4
SENATE BILL 785
(1) POSITION AUTHORIZATION. The authorized FTE positions for the department
of natural resources, funded from the appropriation under s. 20.370 (9) (pq), are
increased by 0.5 SEG position for the purpose of administering the Mississippi River
erosion control revolving loan program.
(2) EMERGENCY RULES. The department of natural resources may use the
procedure under s. 227.24 to promulgate emergency rules under s. 23.199 for the
period before the date on which permanent rules under s. 23.199 take effect.
Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
subsection remain in effect until the first day of the 25th month beginning after the
effective date of the emergency rules, the date on which the permanent rules take
effect, or the effective date of the repeal of the emergency rules, whichever is earlier.
Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not
required to provide evidence that promulgating a rule under this subsection as an
emergency rule is necessary for the preservation of public peace, health, safety, or
welfare and is not required to provide a finding of emergency for a rule promulgated
under this subsection.
(END)
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