AB150-engrossed,1519,322
144.2415
(3) (a) 4. The extent to which the clean water fund will be maintained
23in perpetuity
, and the extent to which the clean water fund will retain its purchasing
24power, meet the requirements of this section and s. 144.241 to provide financial
25assistance for water quality pollution abatement needs and nonpoint source water
1pollution management needs, and provide a stable and sustainable annual level of
2financial assistance under this section and s. 144.241 proportional to the state's
3long-term water pollution abatement and management needs and priorities.
AB150-engrossed,1519,105
144.2415
(3) (a) 5.
A fund balance sheet, cash flow of existing loans and
6commitments, report of loans and commitments, fund profits and losses including
7yield on prior year loans Audited financial statements of the past operations and
8activities of the program under this section and s. 144.241, the estimated fund capital
9available in each of the next 4 fiscal years, and the projected clean water fund balance
10for each of the next 20 years given existing obligations and financial conditions.
AB150-engrossed,1519,1312
144.2415
(3) (a) 9. The impact of the biennial finance plan on the
guidelines 13guideline under par. (b).
AB150-engrossed, s. 4274
14Section
4274. 144.2415 (3) (b) (intro.) and 2. of the statutes are consolidated,
15renumbered 144.2415 (3) (b) and amended to read:
AB150-engrossed,1519,2016
144.2415
(3) (b) The department of administration and the department shall
17consider
the following as guidelines as a guideline in preparing the biennial finance
18plan
: 2. That that all state water pollution abatement general obligation debt
19service costs should not exceed 50% of all general obligation debt service costs to the
20state.
AB150-engrossed,1520,223
144.2415
(3) (bm) 2. No later than 30 days after the day on which the biennial
24budget is submitted to the legislature under s. 16.45,
the version of amendments to
1the biennial finance plan that
contains
update the plan to reflect material approved
2by the governor for inclusion in the budget.
AB150-engrossed,1520,124
144.2415
(3) (br) The joint committee on finance and each standing committee
5may submit to the building commission its recommendations and comments
6regarding each version of the biennial finance plan
and amendments to the biennial
7finance plan, and whether the version of the biennial finance plan updated to reflect
8the adopted biennial budget act should be approved or disapproved as specified
9under s. 13.48 (26). If the building commission disapproves the version of the
10biennial finance plan that is updated to reflect the adopted biennial budget act, the
11department and the department of administration shall submit a revised biennial
12finance plan to the building commission.
AB150-engrossed,1520,1815
144.2415
(3) (c) (intro.) No moneys from the clean water fund may be expended
16in a biennium until the legislature reviews and approves all of the following
, either
17in 1989 Wisconsin Act 366 for the 1989-91 biennium or as part of the biennial budget
18act for
any other the biennium:
AB150-engrossed,1520,2119
1. An amount that is specified for that biennium under par. (d) and
, for any
20biennium after the 1989-91 biennium, is based on the amount included in the
21biennial finance plan under par. (a) 6.
AB150-engrossed,1520,2423
144.2415
(3) (d) 1. Equal to
$115,800,000 $80,000,000 during the
1993-95 241995-97 biennium.
AB150-engrossed,1520,2525
3. Equal to $1,000 for any biennium after the
1993-95
1995-97 biennium.
AB150-engrossed,1521,92
144.2415
(3) (dm) The department of administration may allocate amounts
3approved under par. (d) as the present value of subsidies for financial assistance
4under this section and s. 144.241, including financial hardship assistance and
5assistance for the additional costs of approved projects. The department of
6administration may allocate amounts from the amount approved under par. (d) for
7a biennium until December 30 of the fiscal year immediately following the biennium
8for projects for which complete applications under s. 144.241 (9) (a) are submitted
9before the end of the biennium.
AB150-engrossed,1521,1611
144.2415
(3) (e) The department may expend, for financial assistance in a
12biennium other than financial hardship assistance under s. 144.241 (13) (e), an
13amount up to
74% 85% of the amount approved by the legislature under par. (d). The
14department may expend such amount only from the percentage of the amount
15approved under par. (d) that is not available under par. (f) for financial hardship
16assistance
or under par. (g) for additional costs.
AB150-engrossed,1521,2318
144.2415
(3) (f) The department may expend, for financial hardship assistance
19in a biennium under s. 144.241 (13) (e), an amount up to
18% 15% of the amount
20approved by the legislature under par. (d) for that biennium. The department may
21expend such amount only from the percentage of the amount approved by the
22legislature under par. (d) that is not available under par. (e) for financial assistance
23or under par. (g) for additional costs.
AB150-engrossed,1522,5
1144.2415
(3) (i) Using the amount approved under par. (d) as a base, the
2department of administration
and the department shall calculate the present value
3of the actual subsidy of each clean water fund loan or grant to be made for those
4projects in each biennium that are approved for financial assistance by the 2
5departments. The present value shall be discounted as provided under par. (a) 6.
AB150-engrossed,1522,127
144.2415
(3) (j) No later than November 1 of each odd-numbered year, the
8department of administration and the department jointly shall submit a report, to
9the building commission and committees as required under par. (bm), on the
10implementation of the amount established under par. (d) as required under s.
11144.241
(11) (d) (9m) (e), and on the operations and activities of the clean water fund
12program for the previous biennium.
AB150-engrossed,1522,2214
144.2415
(4) (c) The building commission may pledge any portion of revenues
15received or to be received in the fund established in par. (b) or the clean water fund
16to secure revenue obligations issued under this subsection. The pledge shall provide
17for the transfer to the clean water fund of all pledged revenues, including any
18interest earned on the revenues, which are in excess of the amounts required to be
19paid under s. 20.320 (1) (c)
, (d) and (u) for the purposes specified in s. 25.43 (3). The
20pledge shall provide that the transfers be made at least twice yearly, that the
21transferred amounts be deposited in the clean water fund and that the transferred
22amounts are free of any prior pledge.
AB150-engrossed,1523,424
144.2415
(9) (a) A loan approved under this section and s. 144.241 shall be for
25no longer than 20 years, as determined by the department of administration
and the
1department, be fully amortized not later than 20 years after the original date of the
2note, and require the repayment of principal and interest, if any, to begin not later
3than 12 months after the expected date of completion of the project that it funds, as
4determined by the department of administration
and the department.
AB150-engrossed,1523,156
144.2415
(9) (am) The department of administration, in consultation with the
7department, may establish those terms and conditions of a financial assistance
8agreement that relate to its financial management, including what type of municipal
9obligation, as set forth under s. 66.36, is required for the repayment of the financial
10assistance. Any terms and conditions established under this paragraph by the
11department of administration shall comply with the requirements of this section and
12s. 144.241. In setting such terms and conditions, the department of administration
13may consider factors that the department of administration finds are relevant,
14including the type of municipal obligation evidencing the loan
or a, the pledge of
15security for the municipal obligation and the municipality's creditworthiness.
AB150-engrossed,1523,2317
144.2415
(11) (a) The department
of natural resources and the department of
18administration may enter into a financial assistance agreement with a municipality
19for which the department
issues a notice of financial assistance commitment under
20this section of administration has allocated subsidy under s. 144.241 (9m) if the
21municipality meets the
condition conditions under
sub. (9) and s. 144.241 (14)
(b) 8. 22and the other requirements
established by the department and the department of
23administration under this section and s. 144.241.
AB150-engrossed,1524,3
1(am) The department of administration shall make the financial assistance
2payments to a municipality
with which
the department has entered into a financial
3assistance agreement under par. (a)
or to the municipality's designated agent.
AB150-engrossed,1524,95
144.2415
(11) (c) The department of administration may
not make retain the
6last payment under a financial assistance agreement until the department
of
7natural resources and the department of administration determine that the project
8is completed and meets
all the applicable requirements of
the this section and s.
9144.241 and that the conditions of the financial assistance agreement are met.
AB150-engrossed,1524,1611
144.2415
(12) Municipal obligations. The department of administration may
12purchase or refinance obligations specified in s. 144.241 (6) (b) 1. or 2. and guarantee
13or purchase insurance for municipal obligations specified in s. 144.241 (6) (b) 3. if the
14department
approves of administration and the department of natural resources
15approve the financial assistance under this section and s. 144.241
and gives a notice
16of financial assistance commitment under this section.
AB150-engrossed,1524,2018
144.2415
(13s) Powers. The department of administration may audit, or
19contract for audits of, projects receiving financial assistance under this section and
20s. 144.241.
AB150-engrossed,1524,2422
144.2415
(14) Rules. The department of administration shall promulgate
23rules that are necessary for the proper execution of this section
and of its
24responsibilities under s. 144.241.
AB150-engrossed,1525,2
1144.25
(4) (g) 9. Complete the planning process in all priority watersheds by
2December 31,
2000 2015.
AB150-engrossed,1525,94
144.25
(4) (j) A governmental unit may use a grant under this section for
5training required under s. 92.18 or for any other training necessary to prepare
6personnel to perform job duties related to this section.
The department may contract
7with any person from the appropriations under s. 20.370 (4) (cc) and (cq) for services
8to administer or implement this chapter, including information and education and
9training.
AB150-engrossed,1525,1411
144.25
(4) (t) Transfer funds from the appropriation account under s. 20.370
12(4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) at
13the request of the department of agriculture, trade and consumer protection, after
14the land and water conservation board approves the transfer, under s. 92.14 (5) (b).
AB150-engrossed,1525,1816
144.25
(4g) The department may contract with any person from the
17appropriations under s. 20.370 (6) (aa) and (at) for services to administer or
18implement this section, including information and education and training services.
AB150-engrossed,1525,2320
144.25
(8) (cm) Grants may be provided from the appropriations under s.
2120.370
(4) (cc) and (cq) (6) (aa) and (aq) to applicants for projects affecting priority
22lakes if the projects are in conformance with areawide water quality management
23plans and the purposes specified under sub. (1).
AB150-engrossed,1526,3
1144.25
(8) (L) A grant may not be made to an individual if the department
2receives a certification under s.
46.255 73.255 (7) that the individual is delinquent
3in child support or maintenance payments.
AB150-engrossed,1526,115
144.25
(8d) The department may distribute a grant to the board of regents of
6the University of Wisconsin System for practices, techniques or measures to control
7storm water discharges on a University of Wisconsin System campus that is located
8in a municipality that is required to obtain a permit under s. 147.021 and that is
9located in a priority watershed area, a priority lake area or an area that is identified
10as an area of concern by the International Joint Commission, as defined in s. 144.10
11(1) (a), under the Great Lakes Water Quality Agreement.
AB150-engrossed,1526,1713
144.253
(3) (a) Eligible recipients to consist of
nonprofit conservation
14organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified
15lake associations, town sanitary districts, public inland lake protection and
16rehabilitation districts and other local governmental units, as defined in s. 66.299
17(1) (a), that are established for the purpose of lake management.
AB150-engrossed,1526,2119
144.254
(2) The department may provide a grant under this section for up to
2050% 75% of the cost of a lake management project but may not provide more than
21$100,000 $200,000 per grant.
AB150-engrossed,1527,923
144.26
(6) Within the purposes of sub. (1) the department shall prepare and
24provide to municipalities general recommended standards and criteria for navigable
25water protection studies and planning and for navigable water protection
1regulations and their administration. Such standards and criteria shall give
2particular attention to safe and healthful conditions for the enjoyment of aquatic
3recreation; the demands of water traffic, boating and water sports; the capability of
4the water resource; requirements necessary to assure proper operation of septic tank
5disposal fields near navigable waters; building setbacks from the water
within the
6boundaries of cities and villages; preservation of shore growth and cover;
7conservancy uses for low lying lands; shoreland layout for residential and
8commercial development; suggested regulations and suggestions for the effective
9administration and enforcement of such regulations.
AB150-engrossed,1527,1311
144.26
(6m) The department may not promulgate any rule or maintain any
12standard or criterion that relates to the setback of buildings or structures from a body
13of water in the unincorporated area of a county.
AB150-engrossed,1527,2515
144.266
(2) State storm water management plan. The department, in
16consultation with the department of industry, labor and human relations, shall
17promulgate by rule a state storm water management plan. This state plan is
18applicable to activities contracted for or conducted by any agency, as defined under
19s. 227.01 (1) but also including the office of district attorney, unless that agency
20enters into a memorandum of understanding with the department of natural
21resources in which that agency agrees to regulate activities related to storm water
22management. The department shall coordinate the activities of agencies, as defined
23under s. 227.01 (1), in storm water management and make recommendations to
24these agencies concerning activities related to storm water management.
The plan
25promulgated under this subsection is subject to the limitations under sub. (6).
AB150-engrossed, s. 4303e
1Section 4303e. 144.266 (2) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB150-engrossed,1528,133
144.266
(2) State storm water management plan. The department, in
4consultation with the department of development, shall promulgate by rule a state
5storm water management plan. This state plan is applicable to activities contracted
6for or conducted by any agency, as defined under s. 227.01 (1) but also including the
7office of district attorney, unless that agency enters into a memorandum of
8understanding with the department of natural resources in which that agency
9agrees to regulate activities related to storm water management. The department
10shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm
11water management and make recommendations to these agencies concerning
12activities related to storm water management. The plan promulgated under this
13subsection is subject to the limitations under sub. (6).
AB150-engrossed,1528,1815
144.266
(3) (a) 1. Except as restricted under subd. 2.
and sub. (6), the
16department shall establish by rule minimum standards for activities related to
17construction site erosion control at sites where the construction activities do not
18include the construction of a building and to storm water management.
AB150-engrossed,1528,2520
144.266
(3) (a) 2. The department, in cooperation with the department of
21transportation, shall establish by rule minimum standards for activities related to
22construction site erosion control and storm water management if those activities
23concern street, highway, road or bridge construction, enlargement, relocation or
24reconstruction.
The standards promulgated under this subdivision are subject to the
25limitations under sub. (6).
AB150-engrossed,1529,62
144.266
(6) Exemption for certain highway projects. Notwithstanding subs.
3(2) and (3), no state storm water management plan or standards relating to
4construction site erosion control applicable to the construction, rehabilitation or
5improvement of any existing highway may be more stringent than those required by
6federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).
AB150-engrossed, s. 4305
7Section
4305. 144.389 (1) (intro.) and (b) of the statutes are consolidated,
8renumbered 144.389 (1) and amended to read:
AB150-engrossed,1529,109
144.389
(1) (title)
Definitions Definition. In this section
: (b) "Major, "major 10utility" has the meaning given
under in s. 144.386 (1) (f)
AB150-engrossed, s. 4308
13Section
4308. 144.391 (1) (b) of the statutes is renumbered 144.391 (1) (b) 1.
14and amended to read:
AB150-engrossed,1529,1715
144.391
(1) (b) 1. Except as provided in
subd. 2., par. (a) 2.
or, sub. (6)
or s.
16144.3925 (7), no person may operate a new source or a modified source unless the
17person has an operation permit
under s. 144.3925 from the department.
