1995 Wisconsin Act 227

(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.

1m. (intro.) Notwithstanding any other provision of this section or s. 144.241 281.58, a town sanitary district is eligible to receive financial assistance under this paragraph, in the form of a loan with an interest rate of 2.5% per year, for the extension of a collection system into an unsewered area that is added to the sanitary district if all of the following apply:

a. The department has awarded a grant to the town sanitary district under s. 144.24 281.57 (4) (b) 1. c. for a collection system.

2. Section 144.241 281.58 (8) (b), (f) and (k) applies to projects receiving financial assistance under this paragraph.

3. Notwithstanding any provision of this section or s. 144.241 281.58, the department shall annually allocate funds for loans under subds. 1. and 1m before the department provides or approves any other financial assistance under this section or s. 144.241 281.58.

(13m) Legislative moral obligation. The building commission may, at the time the loan is made, by resolution designate a loan made under this section and s. 144.241 281.58 as one to which this subsection applies. If at any time the payments received or expected to be received from a municipality on any loan so designated are pledged to secure revenue obligations of the state issued pursuant to subch. II of ch. 18 and are insufficient to pay when due principal of and interest on such loan, the department of administration shall certify the amount of such insufficiency to the secretary of administration, the governor and the joint committee on finance. If the certification is received by the secretary of administration in an even-numbered year before the completion of the budget under s. 16.43, the secretary of administration shall include the certified amount in the budget compilation. In any event, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so requested for the purpose of payment of the revenue obligation secured thereby. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make the appropriation.

(13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and s. 144.241 281.58.

(14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under s. 144.241 281.58.

227,427 Section 427 . 144.242 of the statutes is renumbered 281.63, and 281.63 (4) (a) and (6), as renumbered, are amended to read:

281.63 (4) (a) Eligible municipalities. Only a municipality with a sewerage system which is violating ch. 147 283 or title III of the federal act because of combined sewer overflow is eligible to receive financial assistance under the combined sewer overflow abatement financial assistance program.

(6) Priority. Each municipality shall notify the department of its intent to apply for financial assistance under the combined sewer overflow abatement financial assistance program. For those municipalities that notify the department of their intention to apply for financial assistance under this program by December 31, the department shall establish annually a priority list which ranks these projects in the same order as they appear on the list prepared under s. 144.24 281.57 (6) (a).

227,428 Section 428 . 144.25 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.65, and 281.65 (2) (a) and (b), (4) (c), (cd) and (e), (5w) and (8d), as renumbered, are amended to read:

281.65 (2) (a) “Best management practices" means practices, techniques or measures, except for dredgings, identified in areawide water quality management plans, which are determined to be the most effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 144.44 (3) 289.30.

(b) “Nonpoint source" means a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source as defined under s. 147.015 283.01 (12).

(4) (c) Through the continuing planning process under s. 147.25 283.83, identify those watersheds where the need for nonpoint source water pollution abatement is most critical and, before July 1 of each even-numbered year, submit its recommendations for designating additional watersheds under sub. (3) (am) to the land and water conservation board.

(cd) Identify, through the continuing planning process under s. 147.25 283.83, the lakes where the need for nonpoint source water pollution abatement is most critical and, before July 1 of each even-numbered year, submit its recommendations for designating additional lakes under sub. (3) (am) to the land and water conservation board.

(e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The department may waive the standards and specifications in exceptional cases. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 144.025 (2) (u) 2. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.

(5w) After the land and water conservation board approves a priority watershed or priority lake plan or a modification to such a plan that designates a site to be a critical site, the department shall notify the owner or operator of that site of the designation and of the provisions in sub. (7) and either s. 144.025 (2) (u) 2., (v) and (w) 281.20 or, if the pollution is caused primarily by animal waste, ss. NR 243.21 to 243.26, Wis. adm. code.

(8d) The department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 147.021 283.33 and that is located in a priority watershed area, a priority lake area or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 144.10 (1) (a) 281.35 (1) (h), under the Great Lakes Water Quality Agreement.

227,429 Section 429 . 144.251 of the statutes is renumbered 281.67.

227,430 Section 430 . 144.253 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.68, and 281.68 (4), as renumbered, is amended to read:

281.68 (4) At the completion of a lake management planning project, upon request of the recipient of a grant under this section, the department may approve recommendations made as a result of the project as eligible activities for a lake management grant under s. 144.254 281.69.

227,431 Section 431 . 144.254 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.69, and 281.69 (3) (a), as renumbered, is amended to read:

281.69 (3) (a) A designation of eligible recipients, which shall include nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, as defined in s. 144.253 281.68 (1), town sanitary districts, public inland lake protection and rehabilitation districts and other local governmental units, as defined in s. 66.299 (1) (a), that are established for the purpose of lake management.

227,432 Section 432 . 144.26 of the statutes is renumbered 281.31.

227,433 Section 433 . 144.265 of the statutes is renumbered 281.77, and 281.77 (1) (a) and (b), (2) (b) and (3), as renumbered, are amended to read:

281.77 (1) (a) “Private water supply" has the meaning specified under s. 144.442 (1) (cm), except this term excludes a well which is not a source of water for humans unless the well is constructed by drilling means a well that is used as a water supply for humans or a well that is constructed by drilling and is used as a water supply for livestock, as defined in s. 95.80 (1) (b), or poultry.

(b) “Regulated activity" means an activity for which the department may issue an order under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if the activity is conducted in violation of chs. 285 or 289 to 299 or this chapter, except s. 281.48, or in violation of licenses, permits or special orders issued or rules promulgated under chs. 285 or 289 to 299 or this chapter, except s. 281.48.

(2) (b) If the department finds that a regulated activity caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, and if the regulated activity is an approved facility, as defined in s. 144.442 (1) (a) 289.01 (3), the department may conduct a hearing under s. 144.442 (6) 292.31 (3) (f). If the damage to the private water supply is caused by an occurrence not anticipated in the plan of operation which poses a substantial hazard to public health or welfare, the department may expend moneys in the environmental fund that are available for environmental repair to treat the water to render it drinkable, or to repair or replace the private water supply, and to reimburse the town, village or city for the cost of providing water under sub. (4). If the damage to the private water supply is not caused by an occurrence not anticipated in the plan of operation, if the damage does not pose a substantial hazard to public health or welfare, or if moneys in the environmental fund that may be used for environmental repair are insufficient, the department may order the owner or operator of the regulated activity to treat the water to render it fit for consumption by humans, livestock and poultry, or to repair or replace the private water supply, and to reimburse the town, village or city for the cost of providing water under sub. (4).

(3) In any action brought by the department of justice under s. 144.98 299.95, if the court finds that a regulated activity owned or operated by the defendant has caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, the court may order the defendant to treat the water to render it fit for consumption by humans, livestock and poultry, repair the private water supply or replace the private water supply and to reimburse the town, village or city for the cost of providing water under sub. (4).

227,434 Section 434 . 144.266 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.33.

227,435 Section 435 . 144.27 of the statutes is renumbered 281.92 and amended to read:

281.92 Limitation. Nothing in this subchapter chapter affects ss. 196.01 to 196.79 or ch. 31.

227,436 Section 436 . Subchapter III (title) of chapter 144 [precedes 144.30] of the statutes is repealed.

227,437 Section 437 . 144.30 (intro.) of the statutes is repealed.

227,438 Section 438 . 144.30 (1) and (2) of the statutes are renumbered 285.01 (1) and (2).

227,439 Section 439 . 144.30 (3) and (3m) of the statutes are renumbered 285.01 (4) and (5), and 285.01 (4) and (5) (a), as renumbered, are amended to read: