1995 Wisconsin Act 227

227,422 Section 422 . 144.23 of the statutes is renumbered 281.56, and 281.56 (1), as renumbered, is amended to read:

281.56 (1) The financial assistance program established under this section is to be used only if the applicant is unable to receive assistance in a timely manner from the federal government and supplementary funding program established under s. 144.21 281.55. Receipt of aid under this section makes the applicant ineligible for aid under s. 144.21 281.55.

227,423 Section 423 . 144.235 of the statutes is renumbered 281.51.

227,424 Section 424 . 144.24 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.57, and 281.57 (4) (b) 1. b. and (9m) (a), as renumbered, are amended to read:

281.57 (4) (b) 1. b. A collection system which the department orders under s. 144.07 281.43 (1) notwithstanding the outcome of the annexation referendum under s. 144.07 281.43 (1m). Notwithstanding sub. (7) (a) and any rules promulgated under this section, the department shall award funding under this subd. 1. b. in an amount that totals 60% of all costs of the project, rather than of eligible costs of the project.

(9m) (a) For fiscal year 1989-90, the advance commitment shall include a provision making the reimbursement of engineering design costs conditional on the award or making of a construction grant under this section or a loan under ss. 144.241 281.58 and 144.2415 281.59. If the financial assistance that the municipality receives for construction of a treatment work is a loan, the engineering design cost reimbursement shall be a loan. After June 30, 1990, and before September 1, 1990, the department may enter into an agreement with a municipality to provide engineering design costs under this subsection if the department makes an advance commitment for the reimbursement of those costs before July 1, 1990, and the municipality receives financial assistance under this section and s. 144.2415 281.59 for construction.

227,425 Section 425 . 144.241 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.58, and 281.58 (1) (am), (b) 1. to 4., (c) 3. and (cg) to (e), (2m) (a) and (e), (3m) (a), (6) (a) (intro.) and (b) (intro.), 6. and 8., (7) (a) and (b) (intro.), 1., 2. and 6., (8) (a) (intro.), 4. and 5., (d), (g) to (i) and (L) (intro.), (8m) (a) and (b), (9) (a) to (e), (9m) (a) 2., (c), (e), (f) (intro.) and (g), (12) (a) (intro.) and (c) 1., (13) (b), (13m), (14) (b) (intro.), 1. and 4. and (15) (a) 2., as renumbered, are amended to read:

281.58 (1) (am) “Effluent limitation" has the meaning designated in s. 147.015 283.01 (6).

(b) 1. Those conditions or limitations of a permit under ch. 147 283 which, if violated, could result in the initiation of a civil or criminal action under s. 147.29 283.89.

2. Those provisions of s. 144.025 (2) (r) 281.19 (5) which, if violated could result in a departmental order under s. 144.025 (2) (s) 281.19 (7).

3. If a permit under ch. 147 283 has not been issued, those conditions or limitations which, in the department's judgment, would be included in the permit when issued.

4. If no permit under ch. 147 283 applies, any requirement which the department determines is necessary for the best practicable waste treatment technology to meet applicable criteria.

(c) 3. All commercial users of an individual system constructed with grant assistance under s. 144.24 281.57.

(cg) “Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 144.2415 281.59.

(d) “Treatment work" has the meaning designated in s. 147.015 283.01 (18).

(e) “Violator of an effluent limitation" means a person or municipality that after May 17, 1988, is not in substantial compliance with the enforceable requirements of its permit issued under ch. 147 283 for a reason that the department determines is or has been within the control of the person or municipality.

(2m) (a) Administer its responsibilities under this section and s. 144.2415 281.59.

(e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and s. 144.2415 281.59 and, if applicable, of 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

(3m) (a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under this section and s. 144.2415 281.59 during the next biennium.

(6) (a) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 281.59 for any of the following:

(b) (intro.) The following methods of providing financial assistance may be used under this section and s. 144.2415 281.59:

6. Making loans under s. 144.2415 281.59 (13) for the purposes of that subsection.

8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under this section and s. 144.2415 281.59.

(7) (a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under this section and s. 144.2415 281.59. The primary criteria for eligibility shall be water quality and public health. The rules for projects funded from the account under s. 25.43 (2) (a) shall be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder. The rules for projects funded from the account under s. 25.43 (2) (b) may be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

(b) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 281.59 for any of the following types of projects:

1. Projects that the department determines are necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 147 283.

2. Projects needed to provide treatment to achieve compliance with an enforceable requirement changed or established after May 17, 1988, if the project is for a municipality that is in substantial compliance with its permit, issued under ch. 147 283, in regard to the changed or established enforceable requirements.

6. Projects for the planning, design, construction or replacement of treatment works that violate effluent limitations contained in a permit issued under ch. 147 283.

(8) (a) (intro.) The following are not eligible for financial assistance from the clean water fund under this section and s. 144.2415 281.59:

4. A planning, design or construction project which received financial assistance under 33 USC 1251 to 1376 or s. 144.24 281.57, except for any of the following:

a. The nonlocal share of a project which receives funding under s. 144.2415 281.59 (13).

b. The portion of a project funded under s. 144.2415 281.59 (13) relating to a collection system, even if the costs relating to the collection system were not eligible under s. 144.24 281.57.

5. During fiscal years 1989-90 to 1994-95, a person or municipality in violation of an effluent limitation contained in a permit issued under ch. 147 283, unless that person or municipality is eligible under s. 144.2415 281.59 (13).

(d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under this section and s. 144.2415 281.59 until it executes an agreement under s. 66.30 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.

(g) The sum of all of the financial assistance to a municipality approved under this section and s. 144.2415 281.59 for a project may not result in the municipality paying less than 30% of the cost of the project.

(h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 147 283 permit, and that is applying for financial assistance under s. 144.2415 281.59 (13) to correct that violation.

(i) After June 30, 1991, no municipality may receive for projects an amount that exceeds 35.2% of the amount approved by the legislature under s. 144.2415 281.59 (3) (d) for that biennium.

(L) (intro.) The total amount of capital cost loans made under this section and s. 144.2415 281.59 may not exceed $120,000,000, and no capital cost loan funds may be released under this section and s. 144.2415 281.59 until the secretary of administration has found in writing that all of the following facts have occurred:

(8m) (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 144.2415 281.59 in a year no later than December 31 of the preceding year. The notice shall be in a form prescribed by the department and the department of administration.

(b) If a municipality does not apply for financial assistance under this section and s. 144.2415 281.59 by December 31 of the 2nd year following the year in which it submitted notice under par. (a), the municipality shall submit a new notice under par. (a).

(9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the program under this section and s. 144.2415 281.59. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

(b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 144.2415 281.59 shall complete an environmental analysis sequence as required by the department by rule.

(c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under this section and s. 144.2415 281.59.

(d) The department of administration and the department jointly may charge and collect service fees, established by rule, which shall cover the estimated costs of reviewing and acting upon the application and servicing the financial assistance agreement. No service fee established by rule under this paragraph may be charged to or collected from an applicant for financial assistance under s. 144.2415 281.59 (13).

(e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 144.2415 281.59 (3) (d), the amount available under s. 20.866 (2) (tc) or the amount available under s. 144.2415 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 144.2415 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

(9m) (a) 2. The department of administration initially determines that the municipality will meet the requirements of s. 144.2415 281.59 (9) (b).

(c) The department may approve an application under par. (a) in a year only after the amount under s. 144.2415 281.59 (3) (d) for the biennium in which that year falls has been approved by the legislature under s. 144.2415 281.59 (3) (d).

(e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy is available under s. 144.2415 281.59 (3) (d) for the municipality's project, based on the calculation under s. 144.2415 281.59 (3) (i), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

2. If a sufficient amount of subsidy is not available under s. 144.2415 281.59 (3) (d) for the municipality's project when the department approves the application under subd. 1., the department shall place the project on a list for allocation when additional subsidy becomes available.

(f) (intro.) If the amount approved under s. 144.2415 281.59 (3) (d), the amount available under s. 20.866 (2) (tc) or the amount available under s. 144.2415 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 144.2415 281.59 (3) (bm) 1., all of the following apply:

(g) In allocating subsidy under this subsection, the department of administration shall adhere to the amount approved by the legislature for each biennium under s. 144.2415 281.59 (3) (d).

(12) (a) (intro.) The types of projects for which municipalities may receive loans under this section and s. 144.2415 281.59 shall be classified as follows for the purpose of setting the percentage of market interest rates on loans funding such projects:

(c) 1. The percentage of market interest rates established shall, to the extent possible, fully allocate the amount of public debt authorized under s. 20.866 (2) (tc), the amount authorized under s. 144.2415 281.59 (3) (d) and the amount of revenue obligations authorized under s. 144.2415 281.59 (4) (f).

(13) (b) A municipality with an application that is approved under sub. (9m) is eligible for financial hardship assistance for the project costs that are eligible under this section and s. 144.2415 281.59, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

(13m) Minority business development and training program. (a) The department shall make grants to projects that are eligible for financial assistance under this section and s. 144.2415 281.59 and that are identified as being part of the minority business development and training program under s. 66.905 (2) (b).

(b) Grants provided under this subsection are not included for the purposes of determining under sub. (8) (i) the amount that a municipality may receive for projects under this section and s. 144.2415 281.59. Grants awarded under this subsection are not considered for the purposes of sub. (9m) (e) or s. 144.2415 281.59 (3) (d).

(14) (b) (intro.) As a condition of receiving financial assistance under this section and s. 144.2415 281.59, a municipality shall do all of the following:

1. Establish a dedicated source of revenue, that is acceptable to the department of administration under s. 144.2415 281.59 (9) (am) and (b), for the repayment of any financial assistance.

4. Comply with those provisions of 33 USC 1381 to 1387, this chapter and ch. 147 chs. 283, 285 and 289 to 299 and the regulations and rules promulgated thereunder that the department specifies.

(15) (a) 2. The department approves plans and specifications under s. 144.04 281.41.

227,426 Section 426 . 144.2415 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.59, and 281.59 (1) (a), (b), (d) (intro.), (e) and (f), (2) (a), (3) (a) 5., 5m. and 6., (c) 2., (dm), (e), (f) and (j), (9) (a), (am) and (b) (intro.) and 1., (11) (a), (b) and (c), (12), (13) (a) and (b) 1. (intro.), a., b. and d., 1m. (intro.) and a., 2. and 3., (13m), (13s) and (14), as renumbered, are amended to read:

281.59 (1) (a) “Effluent limitation" has the meaning given in s. 147.015 283.01 (6).

(b) “Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 144.241 281.58.

(d) (intro.) “Subsidy" means the amounts provided by the clean water fund to projects receiving financial assistance under this section and s. 144.241 281.58 for the following purposes:

(e) “Treatment work" has the meaning given in s. 147.015 283.01 (18).

(f) “Violator of an effluent limitation" means a person or municipality that after May 17, 1988, is not in substantial compliance with the enforceable requirements of its permit issued under ch. 147 283 for a reason that the department determines is or has been within the control of the person or municipality.

(2) (a) Administer its responsibilities under this section and s. 144.241 281.58.

(3) (a) 5. Audited financial statements of the past operations and activities of the program under this section and s. 144.241 281.58, the estimated fund capital available in each of the next 4 fiscal years, and the projected clean water fund balance for each of the next 20 years given existing obligations and financial conditions.

5m. The estimated spending level and percentage of market interest rate for the types of projects specified under s. 144.241 281.58 (7) (b) 1. to 3.

6. An amount equal to the estimated present value of subsidies for all clean water fund loans and grants expected to be made for the wastewater treatment projects listed in the biennial needs list under s. 144.241 281.58 (3m), discounted at a rate of 7% per year to the first day of the biennium for which the biennial finance plan is prepared.

(c) 2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state may contract for the purposes of s. 144.241 281.58 and this section.

(dm) The department of administration may allocate amounts approved under par. (d) as the present value of subsidies for financial assistance under this section and s. 144.241 281.58, including financial hardship assistance and assistance for the additional costs of approved projects. The department of administration may allocate amounts from the amount approved under par. (d) for a biennium until December 30 of the fiscal year immediately following the biennium for projects for which complete applications under s. 144.241 281.58 (9) (a) are submitted before the end of the biennium.

(e) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 144.241 281.58 (13) (e), an amount up to 85% of the amount approved by the legislature under par. (d). The department may expend such amount only from the percentage of the amount approved under par. (d) that is not available under par. (f) for financial hardship assistance.

(f) The department may expend, for financial hardship assistance in a biennium under s. 144.241 281.58 (13) (e), an amount up to 15% of the amount approved by the legislature under par. (d) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (d) that is not available under par. (e) for financial assistance.

(j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the implementation of the amount established under par. (d) as required under s. 144.241 281.58 (9m) (e), and on the operations and activities of the clean water fund program for the previous biennium.

(9) (a) A loan approved under this section and s. 144.241 281.58 shall be for no longer than 20 years, as determined by the department of administration, be fully amortized not later than 20 years after the original date of the note, and require the repayment of principal and interest, if any, to begin not later than 12 months after the expected date of completion of the project that it funds, as determined by the department of administration.

(am) The department of administration, in consultation with the department, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation, as set forth under s. 66.36, is required for the repayment of the financial assistance. Any terms and conditions established under this paragraph by the department of administration shall comply with the requirements of this section and s. 144.241 281.58. In setting such terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of municipal obligation evidencing the loan, the pledge of security for the municipal obligation and the municipality's creditworthiness.

(b) (intro.) As a condition of receiving financial assistance under this section and s. 144.241 281.58, a municipality shall do all of the following:

1. Pledge the security, if any, required by the rules promulgated by the department of administration under this section and s. 144.241 281.58.

(11) (a) The department of natural resources and the department of administration may enter into a financial assistance agreement with a municipality for which the department of administration has allocated subsidy under s. 144.241 281.58 (9m) if the municipality meets the conditions under sub. (9) and s. 144.241 281.58 (14) and the other requirements under this section and s. 144.241 281.58.

(b) If a municipality fails to make a principal repayment or interest payment after its due date, the department of administration shall place on file a certified statement of all amounts due under this section and s. 144.241 281.58. After consulting the department, the department of administration may collect all amounts due by deducting those amounts from any state payments due the municipality or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of that action.

(c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 144.241 281.58 and that the conditions of the financial assistance agreement are met.

(12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 144.241 281.58 (6) (b) 1. or 2. and guarantee or purchase insurance for municipal obligations specified in s. 144.241 281.58 (6) (b) 3. if the department of administration and the department of natural resources approve the financial assistance under this section and s. 144.241 281.58.

(13) (a) 1. Notwithstanding any other provision of this section and s. 144.241 281.58, a municipality that submits to the department by January 2, 1989, a facility plan meeting the requirements of s. 144.24 281.57 which is approvable under this chapter and that does not receive a grant award before July 1, 1990, only because the municipality is following a schedule contained in the facility plan and approved by the department and the municipality is in compliance with all applicable schedules contained in a permit issued under ch. 147 283 or because there are insufficient grant funds under s. 144.24 281.57, is eligible to receive financial assistance under this paragraph. The form of the financial assistance is a loan with an interest rate of 2.5% per year except that s. 144.241 281.58 (8) (b), (f) and (k) applies to projects receiving financial assistance under this paragraph.

2. Notwithstanding any other provision of this section or s. 144.241 281.58, the department shall make all loans under subd. 1. to municipalities ready to construct treatment works before the department provides or approves any other financial assistance under this section except for loans under par. (b).

(b) 1. (intro.) Notwithstanding any other provision of this section or s. 144.241 281.58, an unsewered municipality is eligible to receive financial assistance under this paragraph, in the form of a loan with an interest rate of 2.5% per year, which may be for original financing or refinancing for a collection system that is ineligible for financial assistance under s. 144.24 281.57 because of s. 144.24 281.57 (4) (b) 1. and that is being connected to an existing wastewater treatment plant if all of the following apply:

a. The municipality applies to the department for financial assistance under s. 144.24 281.57 (5) for a construction project during 1988.

b. Before January 1, 1989, the department issues a notice under s. 144.24 281.57 (6) that the department is ready to allocate funds to the municipality for the project.

d. The municipality receives a grant under s. 144.24 281.57 for the construction of the project from the list developed by the department under s. 144.24 281.57 (6) (a) for applications received in 1988.