281.58(8)(L) (L) The total amount of capital cost loans made under the clean water fund program may not exceed $120,000,000, and no capital cost loan funds may be released under the clean water fund program until the secretary of administration has found in writing that all of the following facts have occurred:
281.58(8)(L)1. 1. The cities of Brookfield, Mequon, Muskego and New Berlin and the villages of Butler, Elm Grove, Germantown, Menomonee Falls and Thiensville have signed an agreement with a metropolitan sewerage district organized under ss. 66.88 to 66.918, under which each municipality agrees to pay some portion of the amount of $120,000,000 authorized in this paragraph to the metropolitan sewerage district for the district's capital costs and the sum of the amount that each municipality agrees to pay equals at least $120,000,000.
281.58(8)(L)2. 2. The agreement in subd. 1. has also been signed by the metropolitan sewerage district organized under ss. 66.88 to 66.918.
281.58(8e) (8e)Priority. The department shall establish a priority list in accordance with 33 USC 1381 to 1387 which ranks each project. The ranking on the priority list shall be based on all of the following:
281.58(8e)(a) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. to 7.
281.58(8e)(b) (b) The impact of the project on groundwater and surface water quality.
281.58(8e)(c) (c) The impact of the project on public health.
281.58(8e)(cm) (cm) A factor that gives higher priority than would otherwise be given to a project to serve more than one municipality if all of the following apply:
281.58(8e)(cm)1. 1. Each municipality to be served by the project has a population of 2,500 or less.
281.58(8e)(cm)2. 2. At least one of the municipalities to be served by the project has a wastewater treatment system that is unusable because of failures of the system.
281.58(8e)(cm)3. 3. The municipalities to be served by the project are submitting an application for a new joint treatment work.
281.58(8e)(cm)4. 4. At least one of the municipalities to be served by the treatment work has been ordered to upgrade a current system.
Effective date note NOTE: Par. (cm) is created eff. 7-1-01 by 1997 Wis. Act 27.
281.58(8e)(d) (d) Any other factor determined by the department.
281.58(8m) (8m)Notice of intent to apply.
281.58(8m)(a)(a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 281.59. A municipality shall submit the notice at least 6 months before the beginning of the fiscal year in which it will request to receive financial assistance. The notice shall be in a form prescribed by the department and the department of administration.
281.58(8m)(c) (c) The department may waive par. (a) upon the written request of a municipality.
281.58(8s) (8s)Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.
281.58(9) (9)Application.
281.58(9)(a)(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 clean water fund program. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).
281.58(9)(ae) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.
281.58(9)(am) (am) A municipality may not submit more than one application under par. (a) for any single project in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.
281.58(9)(b) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.
281.58(9)(c) (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 the clean water fund program.
281.58(9)(d) (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. 281.59 (13).
281.58(9)(e) (e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 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. 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program 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.
281.58(9)(f) (f) The fees collected under par. (d) shall be credited to the environmental improvement fund.
281.58(9m) (9m)Acceptance of application; allocation of funding.
281.58(9m)(a)(a) Subject to pars. (c) and (d), the department shall approve an application after all of the following occur:
281.58(9m)(a)1. 1. The department determines that the project meets the eligibility requirements and criteria under subs. (7), (8), (8m) and (8s).
281.58(9m)(a)2. 2. The department of administration initially determines that the municipality will meet the requirements of s. 281.59 (9) (b).
281.58(9m)(c) (c) The department may approve an application under par. (a) in a year only after the amount under s. 281.59 (3e) (b) for the biennium in which that year falls has been approved by the legislature under s. 281.59 (3e) (b).
281.58(9m)(d) (d) The department may not approve an application under par. (a) for a project that is not on the priority list under sub. (8e).
281.58(9m)(e)1.1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy is available under s. 281.59 (3e) (b) for the municipality's project, based on the calculation under s. 281.59 (3e) (f), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.
281.58(9m)(e)2. 2. If a sufficient amount of subsidy is not available under s. 281.59 (3e) (b) 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.
281.58(9m)(f) (f) If the amount approved under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 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. 281.59 (3) (bm) 1., all of the following apply:
281.58(9m)(f)1. 1. The department shall establish a funding list for each fiscal year of the biennium that ranks projects of municipalities that submit financial assistance applications under sub. (9) (a) no later than the June 30 preceding the fiscal year in the same order that they appear on the priority list under sub. (8e).
281.58(9m)(f)2. 2. The department of administration shall allocate funding to projects in the order in which they appear on the funding list under subd. 1.
281.58(9m)(fm) (fm) The department, in consultation with the department of administration, shall promulgate, by rule, methods to establish deadlines for actions that must be taken by a municipality to which subsidy has been allocated. The methods may provide for extending deadlines under specified circumstances. If a municipality fails to meet a deadline, including any extension, the department of administration shall release the amount of subsidy allocated to the municipality's project.
281.58(9m)(g) (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. 281.59 (3e) (b).
281.58(11) (11)Type of financial assistance.
281.58(11)(a)(a) Except as provided in par. (b), the department of administration shall specify the method by which financial assistance is to be provided for each approved application.
281.58(11)(b) (b) For municipalities meeting the financial hardship assistance requirements under sub. (13), the department of natural resources may approve financial hardship assistance.
281.58(12) (12)Loan interest rates.
281.58(12)(a)1.1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% of market interest rate.
281.58(12)(a)2. 2. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65% of market interest rate.
281.58(12)(a)3. 3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70% of market interest rate.
281.58(12)(a)4. 4. The interest rate for projects specified in sub. (7) (b) 6. and 7. and for those portions of projects under subd. 1. that are restricted by sub. (8) (b), (c), (f) or (h) is market interest rate.
281.58(12)(a)5. 5. The interest rate for a planning and design project specified in sub. (7) (b) 3. shall be determined under subd. 1., 2., 3. or 4. based on the type of project for which the planning and design are undertaken.
281.58(12)(c) (c) The department and the department of administration shall attempt to ensure all of the following:
281.58(12)(c)1. 1. That increases in all state water pollution abatement general obligation debt service costs do not exceed 4% annually.
281.58(12)(c)2. 2. That state water pollution abatement general obligation debt service costs are not greater than 50% of all general obligation debt service costs in any fiscal year.
281.58(12)(f) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates established in par. (a) 1. to 3.
281.58(13) (13)Financial hardship assistance.
281.58(13)(b)(b) A municipality with an application that is approved under sub. (9m) is eligible for state financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:
281.58(13)(b)1. 1. The median household income in the municipality is 80% or less of the median household income in this state.
281.58(13)(b)2. 2. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2% of the median household income in the municipality without assistance under this subsection.
281.58(13)(be) (be) A municipality with an application that is approved under sub. (9m) is eligible for federal financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:
281.58(13)(be)1. 1. The population of the municipality is 3,000 or less.
281.58(13)(be)2. 2. The municipality is a rural community, as determined by the department.
281.58(13)(be)3. 3. The municipality lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and federal financial hardship assistance will improve public health or reduce an environmental risk.
281.58(13)(be)4. 4. The per capita annual income of residents to be served by the project does not exceed 80% of national per capita annual income, based on the most recent data available from the U.S. bureau of the census.
281.58(13)(be)5. 5. On the date that the municipality applies for assistance, the unemployment rate for the county in which the municipality is located exceeds by 1% or more the average yearly national unemployment rate most recently reported by the federal bureau of labor statistics.
281.58(13)(bs) (bs) If a municipality is eligible for state financial hardship assistance under par. (b) and for federal financial hardship assistance under par. (be), the department may determine whether to provide state financial hardship assistance, federal financial hardship assistance or both for the municipality's project.
281.58(13)(c) (c) The department shall provide assistance so that estimated total annual charges per residential user in the municipality that relate to wastewater treatment do not exceed 2% of the median household income in the municipality, if possible. The department may not reduce the amount of financial hardship assistance for a municipality's project due to the municipality receiving assistance for the project from another source unless the combination of financial hardship assistance plus the assistance from the other source would reduce the estimated total annual charges per residential user in the municipality that relate to wastewater treatment to less than 2% of the median household income in the municipality.
281.58(13)(cm) (cm) The amount and type of assistance to be provided to a municipality that receives state financial hardship assistance shall be determined under rules promulgated by the department. Assistance to be provided to a municipality that receives federal financial hardship assistance shall be in the form of a grant for a portion of the project costs plus a loan at the interest rate under sub. (12) for the type of project being funded. The maximum amount of subsidy that a municipality receiving federal financial hardship assistance may receive is equal to the amount of subsidy that the municipality would have received if it had received state financial hardship assistance. If a municipality receives state financial hardship assistance and federal financial hardship assistance for a project, the total amount of the subsidy for the project may not exceed the amount of subsidy that the municipality would have received if it had received only state financial hardship assistance. Subsection (8) (g) does not apply to the amount of a federal financial hardship assistance grant that a municipality may receive.
281.58(13)(d) (d) The department shall establish a financial hardship assistance funding list for each fiscal year that ranks projects of municipalities that are eligible under par. (b) or (be), and that submit complete financial assistance applications under sub. (9) (a) no later than June 30 of the preceding fiscal year, in the same order that they appear on the priority list under sub. (8e).
281.58(13)(e) (e) Subject to par. (em), in each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:
281.58(13)(e)2. 2. Assistance under par. (b) for projects that were on a funding list under par. (d) for a prior fiscal year, that have not previously received funding and that were in the top 20% of projects on the priority list under sub. (8e) for the prior fiscal year, starting with projects on the funding list for the earliest fiscal year.
281.58(13)(e)3. 3. Assistance under par. (b) for projects on the current fiscal year's funding list under par. (d) in the order that they appear on the funding list.
281.58(13)(em)1.1. In a fiscal year, if all available state financial hardship assistance has been allocated under par. (e) and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to projects that are eligible for federal financial hardship assistance under par. (be), but that are lower on the funding list than projects that are eligible only for state financial hardship assistance under par. (b), beginning with the next project on the funding list that is eligible for federal financial hardship assistance.
281.58(13)(em)2. 2. In a fiscal year, if all available federal financial hardship assistance has been allocated and state financial hardship assistance remains to be allocated, the department may allocate state financial hardship assistance to projects that are eligible for state financial hardship assistance under par. (b), but that are lower on the funding list than projects that are eligible only for federal financial hardship assistance under par. (be), beginning with the next project on the funding list that is eligible for state financial hardship assistance.
281.58(13)(f) (f) The department shall promulgate, by rule, a formula for estimating operating, maintenance and replacement costs for determining estimated wastewater treatment user charges under this subsection.
281.58(13m) (13m)Minority business development and training program.
281.58(13m)(a)(a) The department shall make grants to projects that are eligible for financial assistance under the clean water fund program and that are identified as being part of the minority business development and training program under s. 66.905 (2) (b).
281.58(13m)(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 the clean water fund program. Grants awarded under this subsection are not considered for the purposes of sub. (9m) (e) or s. 281.59 (3e) (b).
281.58(14) (14)Conditions of financial assistance.
281.58(14)(b)(b) As a condition of receiving financial assistance under the clean water fund program, a municipality shall do all of the following:
281.58(14)(b)1. 1. Establish a dedicated source of revenue, that is acceptable to the department of administration under s. 281.59 (9) (am) and (b), for the repayment of any financial assistance.
281.58(14)(b)4. 4. Comply with those provisions of 33 USC 1381 to 1387, this chapter and chs. 283, 285 and 289 to 299 and the regulations and rules promulgated thereunder that the department specifies.
281.58(14)(b)5. 5. Develop and adopt a program of water conservation as required by the department.
281.58(14)(b)6. 6. Develop and adopt a program of systemwide operation and maintenance of the treatment work, including the training of personnel, as required by the department.
281.58(14)(b)7. 7. Develop and adopt a system of equitable user charges to ensure that each recipient of treatment work services pays its proportionate share of the costs of the operation and maintenance of the treatment work. The user fee system shall be in compliance with 33 USC 1284 (b) and the regulations promulgated thereunder. The department may issue an exemption from the requirement imposed under this subdivision if a city or village imposes a system of equitable dedicated charges based upon assessed property values, if the city or village does not operate a treatment work but is served by a regional wastewater treatment plant operated by a metropolitan sewerage district created under ss. 66.88 to 66.918 and if the user charges imposed by that district are approved by the department and comply with 33 USC 1284 (b). The department may provide that the system of user charges for a project with estimated construction costs of $750,000 or less need only cover the costs of debt service and equipment replacement funds.
281.58(15) (15)Financial assistance commitments.
281.58(15)(a)(a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after all of the following occur:
281.58(15)(a)1. 1. The department approves the municipality's application under sub. (9m) (a) and the department of administration has allocated subsidy for the municipality's project.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?