AB150-engrossed,1508,221
144.24
(7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are
22limited in each fiscal year to receiving total grant awards not to exceed 33% of the
23sum of the amounts in the schedule for that fiscal year for the appropriation under
24s.
20.445 (1) 20.143 (3) (de) and the amount authorized under sub. (10) for that fiscal
25year plus the unencumbered balance at the end of the preceding fiscal year for the
1amount authorized under sub. (10). This subdivision is not applicable to grant
2awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.
AB150-engrossed,1508,75
144.241
(1) (cm) "Median household income" means median household income
6determined by the U.S. bureau of the census as adjusted by the department to reflect
7changes in household income since the most recent federal census.
AB150-engrossed,1508,139
144.241
(1) (cs) "Residential user" means a structure or part of a structure,
10including a mobile home, that is used primarily as a home, residence or sleeping
11place by one person or 2 or more persons maintaining a common household and that
12uses a publicly owned treatment work. "Residential user" does not include an
13institutional, commercial, industrial or governmental facility.
AB150-engrossed,1508,1615
144.241
(2) Rules. The department shall promulgate rules that are necessary
16for the proper execution of
its responsibilities under this section.
AB150-engrossed,1508,2118
144.241
(3m) (a) A list of wastewater treatment projects that the department
19estimates will
receive notices of financial assistance commitment under sub. (15) 20apply for financial assistance under this section and s. 144.2415 during the next
21biennium.
AB150-engrossed,1508,2423
144.241
(3m) (c) The estimated rank of each project on the priority list under
24sub.
(10) (8e).
AB150-engrossed,1509,3
1144.241
(6) (b) (intro.)
In approving financial assistance, the department may
2use the The following methods of providing financial assistance
may be used under
3this section and s. 144.2415:
AB150-engrossed,1509,85
144.241
(8) (g) The sum of all of the financial assistance to a municipality
6approved under this section and s. 144.2415
, except financial assistance under sub.
7(13m), for a project may not result in the municipality paying less than
30% 10% of
8the cost of the project.
AB150-engrossed,1509,1810
144.241
(8) (h) Except as provided in par. (k)
or (m), a municipality that is a
11violator of an effluent limitation at the time that
the notice of financial assistance
12commitment is given the application for a treatment work project is approved under
13sub. (9m) may not receive financial assistance of a method specified under sub. (6)
14(b) 1., 2., 3., 4. or 5
. for that part of
a the treatment work project that is needed to
15correct the violation. This paragraph does not apply to a municipality that after May
1617, 1988, is in compliance with a court or department order to correct a violation of
17the enforceable requirements of its ch. 147 permit, and that is applying for financial
18assistance under s. 144.2415 (13) to correct that violation.
AB150-engrossed,1510,222
144.241
(8m) Notice of intent to apply. (a) A municipality shall submit notice
23to the department of its intent to apply for financial assistance under this section and
24s. 144.2415 in a year no later than December 31 of the preceding year. The notice
1shall be in a form prescribed by the department and the department of
2administration.
AB150-engrossed,1510,63
(b) If a municipality does not apply for financial assistance under this section
4and s. 144.2415 by December 31 of the 2nd year following the year in which it
5submitted notice under par. (a), the municipality shall submit a new notice under
6par. (a).
AB150-engrossed,1510,87
(c) The department may waive par. (a) or (b) upon the written request of a
8municipality.
AB150-engrossed,1510,1210
144.241
(8s) Facility plan. A municipality seeking financial assistance for a
11project under this section, except for a municipality seeking a capital cost loan, shall
12complete a facility plan as required by the department by rule.
AB150-engrossed,1510,2314
144.241
(9) (a)
A After the department approves a municipality's facility plan
15submitted under sub. (8s), the municipality
which desires to participate in the
16program under this section and s. 144.2415 shall submit an application for
17participation to the department. The application shall be in such form and include
18such information as the department and the department of administration prescribe
19and shall include design plans and specifications that are approvable by the
20department under this chapter. The department shall review applications for
21participation in the program under this section and s. 144.2415. The department
22shall determine which applications meet the eligibility requirements and criteria
23under subs. (6), (7), (8),
(10) (8m) and (13).
AB150-engrossed,1511,5
1144.241
(9) (ae) A municipality that submits an application under par. (a)
2without design plans and specifications may obtain an initial determination of
3financial eligibility from the department of administration. The department of
4natural resources may not approve a municipality's application until the
5municipality submits approvable design plans and specifications.
AB150-engrossed,1511,97
144.241
(9) (am) A municipality may not submit more than one application
8under par. (a) in any 12-month period except that this paragraph does not apply to
9applications for financial assistance for additional costs of an approved project.
AB150-engrossed,1511,1411
144.241
(9) (b) A municipality seeking financial assistance, except for a
12municipality seeking a capital cost loan, for a project under this section and s.
13144.2415 shall complete
a staged facility plan, design plans and specifications and 14an environmental analysis sequence as required by the department by rule.
AB150-engrossed,1511,2516
144.241
(9) (e) If the governor's recommendation, as set forth in the executive
17budget bill, for the amount under s. 144.2415 (3) (d), the amount available under s.
1820.866 (2) (tc) or the amount available under s. 144.2415 (4) (f) for a biennium is 85%
19or less of the amount of present value subsidy, general obligation bonding authority
20or revenue bonding authority, respectively, requested for that biennium in the
21biennial finance plan submitted under s. 144.2415 (3) (bm) 1., the department shall
22inform municipalities that, if the governor's recommendations are approved, clean
23water fund assistance during a fiscal year of that biennium will only be available to
24municipalities that submit financial assistance applications by the June 30
25preceding that fiscal year.
AB150-engrossed,1512,42
144.241
(9m) Acceptance of application; allocation of funding. (a) Subject
3to pars. (c) and (d), the department shall approve an application after all of the
4following occur:
AB150-engrossed,1512,65
1. The department determines that the project meets the eligibility
6requirements and criteria under subs. (7), (8), (8m) and (8s).
AB150-engrossed,1512,87
2. The department of administration initially determines that the municipality
8will meet the requirements of s. 144.2415 (9) (b).
AB150-engrossed,1512,139
(e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of
10subsidy is available under s. 144.2415 (3) (d) for the municipality's project, based on
11the calculation under s. 144.2415 (3) (i), when the department approves the
12application under par. (a), the department of administration shall allocate that
13amount to the project.
AB150-engrossed,1512,1714
2. If a sufficient amount of subsidy is not available under s. 144.2415 (3) (d) for
15the municipality's project when the department approves the application under
16subd. 1., the department shall place the project on a list for allocation when
17additional subsidy becomes available.
AB150-engrossed,1512,2318
(f) If the amount approved under s. 144.2415 (3) (d), the amount available
19under s. 20.866 (2) (tc) or the amount available under s. 144.2415 (4) (f) for a
20biennium is 85% or less of the amount of present value subsidy, general obligation
21bonding authority or revenue bonding authority, respectively, requested for that
22biennium in the biennial finance plan submitted under s. 144.2415 (3) (bm) 1., all of
23the following apply:
AB150-engrossed,1513,224
1. The department shall establish a funding list for each fiscal year of the
25biennium that ranks projects of municipalities that submit financial assistance
1applications under sub. (9) (a) no later than the June 30 preceding the fiscal year in
2the same order that they appear on the priority list under sub. (8e).
AB150-engrossed,1513,43
2. The department of administration shall allocate funding to projects in the
4order in which they appear on the funding list under subd. 1.
AB150-engrossed,1513,105
(fm) The department, in consultation with the department of administration,
6shall promulgate, by rule, methods to establish deadlines for actions that must be
7taken by a municipality to which subsidy has been allocated. The methods may
8provide for extending deadlines under specified circumstances. If a municipality
9fails to meet a deadline, including any extension, the department of administration
10shall release the amount of subsidy allocated to the municipality's project.
AB150-engrossed, s. 4238
13Section
4238. 144.241 (10) (a) of the statutes is renumbered 144.241 (8e), and
14144.241 (8e) (intro.), as renumbered, is amended to read:
AB150-engrossed,1513,1715
144.241
(8e) (intro.) The department shall establish a priority list
under in
16accordance with 33 USC 1381 to
1387 which ranks each project. The ranking on the
17priority list shall be based on all of the following:
AB150-engrossed,1514,222
144.241
(11) (title)
Approval Type of financial assistance. (a)
The Except as
23provided in par. (b), the department
of administration shall specify the method by
24which financial assistance is to be provided for each
approved application
that it
1approves. The methods by which the department may provide financial assistance
2are the methods specified under sub. (6) (b).
AB150-engrossed,1514,83
(b) For municipalities meeting the financial hardship assistance requirements
4under sub. (13), the department
of natural resources may approve financial hardship
5assistance
and shall specify the method by which it will provide financial hardship
6assistance, including but not limited to a combination of loans at or below the market
7rate and grants, deferred payment loans, state payment of the loan for a number of
8years, or longer amortization periods.
AB150-engrossed, s. 4242
9Section
4242. 144.241 (11) (c) of the statutes is renumbered 144.241 (9m) (d)
10and amended to read:
AB150-engrossed,1514,1311
144.241
(9m) (d) The department may not
approve financial assistance under
12this section and s. 144.2415 approve an application under par. (a) for a project that
13is not on the priority list under sub.
(10) (a) (8e).
AB150-engrossed, s. 4243
14Section
4243. 144.241 (11) (d) of the statutes is renumbered 144.241 (9m) (g)
15and amended to read:
AB150-engrossed,1514,1916
144.241
(9m) (g) In
approving financial assistance under this section and s.
17144.2415 allocating subsidy under this subsection, the department
of administration 18shall adhere to the amount approved by the legislature for each biennium under s.
19144.2415 (3) (d).
AB150-engrossed,1514,2322
144.241
(12) (c) 1. Except as modified under par. (f), the interest rate for tier
231 projects is 50% of market interest rate.
AB150-engrossed,1514,2524
2. Except as modified under par. (f), the interest rate for tier 2 projects is 70%
25of market interest rate.
AB150-engrossed,1515,1
13. The interest rate for tier 3 projects is market interest rate.
AB150-engrossed,1515,74
144.241
(12) (f) The department
and the department of administration jointly 5may request the joint committee on finance to take action under s. 13.101 (11) to
6modify the percentage of market interest rates established by rule for tier 1 and tier
72 projects.
AB150-engrossed,1515,179
144.241
(13) Financial hardship assistance. (a) The department shall provide
10advance funding grants to fund a portion of the costs of preparing facility plans under
11sub. (8s) and project plans and specifications required under sub. (9) (a). The
12department shall approve an advance funding grant for a municipality if the median
13household income in the municipality is 80% or less of the median household income
14in this state. The amount of an advance funding grant for a facility plan is 50% of
15the cost of completing the facility plan, but not more than $20,000. The amount of
16an advance funding grant for project plans and specifications is 50% of the cost of
17completing plans and specifications but not more than $40,000.
AB150-engrossed,1515,2118
(b) A municipality with an application that is approved under sub. (9m) is
19eligible for financial hardship assistance for the project costs that are eligible under
20this section and s. 144.2415, except for costs to which sub. (8) (b), (c), (f) or (h) applies,
21if the municipality meets all of the following criteria:
AB150-engrossed,1515,2322
1. The median household income in the municipality is 80% or less of the
23median household income in this state.
AB150-engrossed,1516,3
12. The estimated total annual charges per residential user in the municipality
2that relate to wastewater treatment would exceed 2% of the median household
3income in the municipality without assistance under this subsection.
AB150-engrossed,1516,154
(c) The department shall provide assistance in the form of a grant of up to 90%
5of project costs that are eligible for financial hardship assistance under par. (b). The
6department shall provide a no-interest or low-interest loan for the remainder of
7those eligible costs so that estimated total annual charges per residential user in the
8municipality that relate to wastewater treatment do not exceed 2% of the median
9household income in the municipality, if possible. The department may not reduce
10the amount of financial hardship assistance for a municipality's project due to the
11municipality receiving assistance for the project from another source unless the
12combination of financial hardship assistance plus the assistance from the other
13source would reduce the estimated total annual charges per residential user in the
14municipality that relate to wastewater treatment to less than 2% of the median
15household income in the municipality.
AB150-engrossed,1516,2016
(d) The department shall establish a financial hardship assistance funding list
17for each fiscal year that ranks projects of municipalities that are eligible under par.
18(b), and that submit complete financial assistance applications under sub. (9) (a) no
19later than June 30 of the preceding fiscal year, in the same order that they appear
20on the priority list under sub. (8e).
AB150-engrossed,1516,2221
(e) In each fiscal year, the department shall allocate financial hardship
22assistance under this subsection in the following order:
AB150-engrossed,1516,2323
1. Advance planning grants under par. (a).
AB150-engrossed,1517,224
2. Assistance under par. (b) for projects that were on a funding list under par.
25(d) for a prior fiscal year, that have not previously received funding and that were in
1the top 20% of projects on the priority list under sub. (8e) for the prior fiscal year,
2starting with projects on the funding list for the earliest fiscal year.
AB150-engrossed,1517,43
3. Assistance under par. (b) for projects on the current fiscal year's funding list
4under par. (d) in the order that they appear on the funding list.
AB150-engrossed,1517,75
(f) The department shall promulgate, by rule, a formula for estimating
6operating, maintenance and replacement costs for determining estimated
7wastewater treatment user charges under this subsection.
AB150-engrossed,1517,139
144.241
(13m) (b) Grants provided under this subsection are not included for
10the purposes of determining under sub. (8) (i) the amount that a municipality may
11receive for projects under this section and s. 144.2415. Grants awarded under this
12subsection are not considered for the purposes of sub.
(11) (d) (9m) (e) or s. 144.2415
13(3) (d).
AB150-engrossed,1517,1715
144.241
(14) (b) 1. Establish a dedicated source of revenue
, that is acceptable
16to the department of administration under s. 144.2415 (9) (am) and (b), for the
17repayment of any financial assistance.
AB150-engrossed,1517,2320
144.241
(15) (a) (intro.)
Subject to pars. (b) and (c), the The department
shall 21and the department of administration may, at the request of a municipality, issue a
22notice of financial assistance commitment to
a the municipality
within 90 days after
23all of the following occur:
AB150-engrossed,1518,3
1144.241
(15) (a) 1. The department approves the municipality's application
2under sub. (9m) (a) and the department of administration has allocated subsidy for
3the municipality's project.
AB150-engrossed,1518,106
144.241
(15) (am) The notice of financial assistance commitment shall include
7the conditions that the municipality must meet to secure the financial assistance and
8shall include the estimated
loan payment and repayment schedules
, as determined
9by the department and the department of administration, and other terms of the
10financial assistance.