Wisconsin Statutes 238.13 – Brownfields grant program
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 238.13
- Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
- Trustee: A person or institution holding and administering property in trust.
- Village: means incorporated village. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Brownfields” means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.
(b) “Brownfields redevelopment” means 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. “Brownfields redevelopment” does not include construction of new facilities on the site for any purpose other than environmental remediation activities.
(d) “Environmental remediation activities” means investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution; abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.
(g) “Person” means an individual, partnership, limited liability company, corporation, nonprofit organization, city, village, town, county, or trustee, including a trustee in bankruptcy.
(2)
(a) The corporation may make a grant to a person if all of the following apply:
1. The recipient uses the grant proceeds for brownfields redevelopment or associated environmental remediation activities.
1m. The recipient does not use the grant proceeds to pay lien claims of the department of natural resources or the federal environmental protection agency based on investigation or remediation activities of the department of natural resources or the federal environmental protection agency or to pay delinquent real estate taxes or interest or penalties that relate to those taxes.
2. All of the following are unknown, cannot be located, or are financially unable to pay the cost of environmental remediation activities:
a. The party that caused the portion of the environmental contamination that is the basis for the grant request.
b. Any person who possessed or controlled the environmental contaminant that is the basis for the grant request before the contaminant was released.
3. The recipient contributes to the cost of the project as provided in par. (b).
(b)
1. The contribution required under par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds. In-kind contributions shall be limited to actual remediation services.
3. The recipient of a grant under this section shall contribute to the project an amount that is equal to at least 50 percent of the amount of the grant.
(3) The corporation may consider the following criteria in making awards under this section:
(a) The potential of the project to promote economic development in the area.
(c) The level of financial commitment by the applicant to the project.
(d) The extent and degree of soil and groundwater contamination at the project site.
(e) The adequacy and completeness of the site investigation and remediation plan.
(f) Any other factors considered by the corporation to be relevant to assessing the viability and feasibility of the project.
(5) Before the corporation awards a grant under this section, the corporation shall consider the recommendations of the department of natural resources.
(6m) Receipt of a grant under this section shall not render the recipient ineligible for a loan or any other grant awarded by the state, unless under the eligibility criteria of the loan or other grant the recipient is excluded by virtue of having received the grant.