Amendment ASA-AB150

AB150-ASA, s. 4241 Section 4241. 144.241 (11) (title), (a) and (b) of the statutes are amended to read:

AB150-ASA,1461,12 144.241 (11) (title) Approval Type of financial assistance. (a) The 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 that it approves. The methods by which the department may provide financial assistance are the methods specified under sub. (6) (b).

AB150-ASA,1461,18 (b) For municipalities meeting the financial hardship assistance requirements under sub. (13), the department of natural resources may approve financial hardship assistance and shall specify the method by which it will provide financial hardship assistance, including but not limited to a combination of loans at or below the market rate and grants, deferred payment loans, state payment of the loan for a number of years, or longer amortization periods.

AB150-ASA, s. 4242 Section 4242. 144.241 (11) (c) of the statutes is renumbered 144.241 (9m) (d) and amended to read:

AB150-ASA,1461,23 144.241 (9m) (d) The department may not approve financial assistance under this section and s. 144.2415 approve an application under par. (a) for a project that is not on the priority list under sub. (10) (a) (8e).

AB150-ASA, s. 4243 Section 4243. 144.241 (11) (d) of the statutes is renumbered 144.241 (9m) (g) and amended to read:

AB150-ASA,1462,4 144.241 (9m) (g) In approving financial assistance under this section and s. 144.2415 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 (3) (d).

AB150-ASA, s. 4247b Section 4247b. 144.241 (12) (c) of the statutes is repealed and recreated to read:

AB150-ASA,1462,8 144.241 (12) (c) 1. Except as modified under par. (f), the interest rate for tier 1 projects is 50% of market interest rate.

AB150-ASA,1462,10 2. Except as modified under par. (f), the interest rate for tier 2 projects is 70% of market interest rate.

AB150-ASA,1462,11 3. The interest rate for tier 3 projects is market interest rate.

AB150-ASA, s. 4251b Section 4251b. 144.241 (12) (d) of the statutes is repealed.

AB150-ASA, s. 4252 Section 4252. 144.241 (12) (f) of the statutes is amended to read:

AB150-ASA,1462,17 144.241 (12) (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 by rule for tier 1 and tier 2 projects.

AB150-ASA, s. 4253b Section 4253b. 144.241 (13) of the statutes is repealed and recreated to read:

AB150-ASA,1463,2 144.241 (13) Financial hardship assistance. (a) The department shall provide advance funding grants to fund a portion of the costs of preparing facility plans under sub. (8s) and project plans and specifications required under sub. (9) (a). The department shall approve an advance funding grant for a municipality if the median household income in the municipality is 80% or less of the median household income in this state. The amount of an advance funding grant for a facility plan is 50% of the cost of completing the facility plan, but not more than $20,000. The amount of an advance funding grant for project plans and specifications is 50% of the cost of completing plans and specifications but not more than $40,000.

AB150-ASA,1463,6 (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, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB150-ASA,1463,8 1. The median household income in the municipality is 80% or less of the median household income in this state.

AB150-ASA,1463,11 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.

AB150-ASA,1463,23 (c) The department shall provide assistance in the form of a grant of up to 50% of project costs that are eligible for financial hardship assistance under par. (b). The department shall provide a no-interest or low-interest loan for the remainder of those eligible costs 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.

AB150-ASA,1464,3 (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), 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).

AB150-ASA,1464,5 (e) In each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:

AB150-ASA,1464,6 1. Advance planning grants under par. (a).

AB150-ASA,1464,10 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.

AB150-ASA,1464,12 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.

AB150-ASA,1464,15 (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.

AB150-ASA, s. 4254 Section 4254. 144.241 (13m) (b) of the statutes is amended to read:

AB150-ASA,1464,21 144.241 (13m) (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. Grants awarded under this subsection are not considered for the purposes of sub. (11) (d) (9m) (e) or s. 144.2415 (3) (d).

AB150-ASA, s. 4255 Section 4255. 144.241 (14) (b) 1. of the statutes is amended to read:

AB150-ASA,1464,25 144.241 (14) (b) 1. Establish a dedicated source of revenue, that is acceptable to the department of administration under s. 144.2415 (9) (am) and (b), for the repayment of any financial assistance.

AB150-ASA, s. 4257 Section 4257. 144.241 (14) (b) 8. of the statutes is repealed.

AB150-ASA, s. 4258 Section 4258. 144.241 (15) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1465,6 144.241 (15) (a) (intro.) Subject to pars. (b) and (c), the The department shall and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to a the municipality within 90 days after all of the following occur:

AB150-ASA, s. 4259 Section 4259. 144.241 (15) (a) 1. of the statutes is repealed and recreated to read:

AB150-ASA,1465,11 144.241 (15) (a) 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.

AB150-ASA, s. 4261 Section 4261. 144.241 (15) (a) 3. of the statutes is repealed.

AB150-ASA, s. 4262 Section 4262. 144.241 (15) (am) of the statutes is amended to read:

AB150-ASA,1465,18 144.241 (15) (am) The notice of financial assistance commitment shall include the conditions that the municipality must meet to secure the financial assistance and shall include the estimated loan payment and repayment schedules, as determined by the department and the department of administration, and other terms of the financial assistance.

AB150-ASA, s. 4263 Section 4263. 144.241 (15) (b) of the statutes is repealed.

AB150-ASA, s. 4264 Section 4264. 144.241 (15) (c) of the statutes is renumbered 144.241 (9m) (c) and amended to read:

AB150-ASA,1465,25 144.241 (9m) (c) The department may issue a notice of financial assistance commitment to a municipality approve an application under par. (a) in a year only after the amount under s. 144.2415 (3) (d) for the biennium in which that year falls has been approved by the legislature under s. 144.2415 (3) (d).

AB150-ASA, s. 4265 Section 4265. 144.241 (15) (e) of the statutes is repealed.

AB150-ASA, s. 4267 Section 4267. 144.2415 (1) (d) 3. of the statutes is repealed.

AB150-ASA, s. 4269 Section 4269. 144.2415 (3) (a) 3. of the statutes is repealed.

AB150-ASA, s. 4270b Section 4270b. 144.2415 (3) (a) 4. of the statutes is amended to read:

AB150-ASA,1466,11 144.2415 (3) (a) 4. The extent to which the clean water fund will be maintained in perpetuity, and the extent to which the clean water fund will retain its purchasing power, meet the requirements of this section and s. 144.241 to provide financial assistance for water quality pollution abatement needs and nonpoint source water pollution management needs, and provide a stable and sustainable annual level of financial assistance under this section and s. 144.241 proportional to the state's long-term water pollution abatement and management needs and priorities.

AB150-ASA, s. 4271c Section 4271c. 144.2415 (3) (a) 5. of the statutes is amended to read:

AB150-ASA,1466,18 144.2415 (3) (a) 5. A fund balance sheet, cash flow of existing loans and commitments, report of loans and commitments, fund profits and losses including yield on prior year loans Audited financial statements of the past operations and activities of the program under this section and s. 144.241, 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.

AB150-ASA, s. 4273 Section 4273. 144.2415 (3) (a) 9. of the statutes is amended to read:

AB150-ASA,1466,21 144.2415 (3) (a) 9. The impact of the biennial finance plan on the guidelines guideline under par. (b).

AB150-ASA, s. 4274 Section 4274. 144.2415 (3) (b) (intro.) and 2. of the statutes are consolidated, renumbered 144.2415 (3) (b) and amended to read:

AB150-ASA,1467,3 144.2415 (3) (b) The department of administration and the department shall consider the following as guidelines as a guideline in preparing the biennial finance plan: 2. That that all state water pollution abatement general obligation debt service costs should not exceed 50% of all general obligation debt service costs to the state.

AB150-ASA, s. 4275 Section 4275. 144.2415 (3) (b) 1. of the statutes is repealed.

AB150-ASA, s. 4276 Section 4276. 144.2415 (3) (bm) 2. of the statutes is amended to read:

AB150-ASA,1467,9 144.2415 (3) (bm) 2. No later than 30 days after the day on which the biennial budget is submitted to the legislature under s. 16.45, the version of amendments to the biennial finance plan that contains update the plan to reflect material approved by the governor for inclusion in the budget.

AB150-ASA, s. 4277 Section 4277. 144.2415 (3) (br) of the statutes is amended to read:

AB150-ASA,1467,19 144.2415 (3) (br) The joint committee on finance and each standing committee may submit to the building commission its recommendations and comments regarding each version of the biennial finance plan and amendments to the biennial finance plan, and whether the version of the biennial finance plan updated to reflect the adopted biennial budget act should be approved or disapproved as specified under s. 13.48 (26). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, the department and the department of administration shall submit a revised biennial finance plan to the building commission.

AB150-ASA, s. 4278 Section 4278. 144.2415 (3) (c) (intro.) and 1. of the statutes are amended to read:

AB150-ASA,1467,25 144.2415 (3) (c) (intro.) No moneys from the clean water fund may be expended in a biennium until the legislature reviews and approves all of the following, either in 1989 Wisconsin Act 366 for the 1989-91 biennium or as part of the biennial budget act for any other the biennium:

AB150-ASA,1468,3 1. An amount that is specified for that biennium under par. (d) and, for any biennium after the 1989-91 biennium, is based on the amount included in the biennial finance plan under par. (a) 6.

AB150-ASA, s. 4279 Section 4279. 144.2415 (3) (d) 1. and 3. of the statutes are amended to read:

AB150-ASA,1468,6 144.2415 (3) (d) 1. Equal to $115,800,000 $80,000,000 during the 1993-95 1995-97 biennium.

AB150-ASA,1468,7 3. Equal to $1,000 for any biennium after the 1993-95 1995-97 biennium.

AB150-ASA, s. 4280 Section 4280. 144.2415 (3) (dm) of the statutes is created to read:

AB150-ASA,1468,16 144.2415 (3) (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, 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 (9) (a) are submitted before the end of the biennium.

AB150-ASA, s. 4281b Section 4281b. 144.2415 (3) (e) of the statutes is amended to read:

AB150-ASA,1468,23 144.2415 (3) (e) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 144.241 (13) (e), an amount up to 74% 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 or under par. (g) for additional costs.

AB150-ASA, s. 4282b Section 4282b. 144.2415 (3) (f) of the statutes is amended to read:

AB150-ASA,1469,6 144.2415 (3) (f) The department may expend, for financial hardship assistance in a biennium under s. 144.241 (13) (e), an amount up to 18% 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 or under par. (g) for additional costs.

AB150-ASA, s. 4283 Section 4283. 144.2415 (3) (g) of the statutes is repealed.

AB150-ASA, s. 4284 Section 4284. 144.2415 (3) (i) of the statutes is amended to read:

AB150-ASA,1469,13 144.2415 (3) (i) Using the amount approved under par. (d) as a base, the department of administration and the department shall calculate the present value of the actual subsidy of each clean water fund loan or grant to be made for those projects in each biennium that are approved for financial assistance by the 2 departments. The present value shall be discounted as provided under par. (a) 6.

AB150-ASA, s. 4285 Section 4285. 144.2415 (3) (j) of the statutes is amended to read:

AB150-ASA,1469,20 144.2415 (3) (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 (11) (d) (9m) (e), and on the operations and activities of the clean water fund program for the previous biennium.

AB150-ASA, s. 4286 Section 4286. 144.2415 (9) (a) of the statutes is amended to read:

AB150-ASA,1470,2 144.2415 (9) (a) A loan approved under this section and s. 144.241 shall be for no longer than 20 years, as determined by the department of administration and the department, 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 and the department.

AB150-ASA, s. 4287 Section 4287. 144.2415 (9) (am) of the statutes is amended to read:

AB150-ASA,1470,13 144.2415 (9) (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. 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 or a, the pledge of security for the municipal obligation and the municipality's creditworthiness.

AB150-ASA, s. 4288 Section 4288. 144.2415 (11) (a) and (am) of the statutes are amended to read:

AB150-ASA,1470,21 144.2415 (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 issues a notice of financial assistance commitment under this section of administration has allocated subsidy under s. 144.241 (9m) if the municipality meets the condition conditions under sub. (9) and s. 144.241 (14) (b) 8. and the other requirements established by the department and the department of administration under this section and s. 144.241.

AB150-ASA,1470,24 (am) The department of administration shall make the financial assistance payments to a municipality with which the department has entered into a financial assistance agreement under par. (a) or to the municipality's designated agent.

AB150-ASA, s. 4289 Section 4289. 144.2415 (11) (c) of the statutes is amended to read:

AB150-ASA,1471,5 144.2415 (11) (c) The department of administration may not make 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 all the applicable requirements of the this section and s. 144.241 and that the conditions of the financial assistance agreement are met.

AB150-ASA, s. 4290 Section 4290. 144.2415 (12) of the statutes is amended to read:

AB150-ASA,1471,12 144.2415 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 144.241 (6) (b) 1. or 2. and guarantee or purchase insurance for municipal obligations specified in s. 144.241 (6) (b) 3. if the department approves of administration and the department of natural resources approve the financial assistance under this section and s. 144.241 and gives a notice of financial assistance commitment under this section.

AB150-ASA, s. 4293 Section 4293. 144.2415 (13s) of the statutes is created to read:

AB150-ASA,1471,16 144.2415 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and s. 144.241.

AB150-ASA, s. 4294 Section 4294. 144.2415 (14) of the statutes is amended to read:

AB150-ASA,1471,20 144.2415 (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.