AB150: Bill Text

AB150,1465,25 144.241 (1) (cm) "Median household income" means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census.

AB150, s. 4218 Section 4218. 144.241 (1) (cs) of the statutes is created to read:

AB150,1466,6 144.241 (1) (cs) "Residential user" means a structure or part of a structure, including a mobile home, that is used primarily as a home, residence or sleeping place by one person or 2 or more persons maintaining a common household and that uses a publicly owned treatment work. "Residential user" does not include an institutional, commercial, industrial or governmental facility.

AB150, s. 4219 Section 4219. 144.241 (2) of the statutes is amended to read:

AB150,1466,9 144.241 (2) Rules. The department shall promulgate rules that are necessary for the proper execution of its responsibilities under this section.

AB150, s. 4220 Section 4220. 144.241 (3m) (a) of the statutes is amended to read:

AB150,1466,14 144.241 (3m) (a) A list of wastewater treatment projects that the department estimates will receive notices of financial assistance commitment under sub. (15) apply for financial assistance under this section and s. 144.2415 during the next biennium.

AB150, s. 4221 Section 4221. 144.241 (3m) (c) of the statutes is amended to read:

AB150,1466,17 144.241 (3m) (c) The estimated rank of each project on the priority list under sub. (10) (8e).

AB150, s. 4222 Section 4222. 144.241 (6) (a) (intro.) of the statutes is amended to read:

AB150,1466,21 144.241 (6) (a) (intro.) The department and the department of administration may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 for any of the following:

AB150, s. 4223 Section 4223. 144.241 (6) (b) (intro.) of the statutes is amended to read:

AB150,1466,25 144.241 (6) (b) (intro.) In approving financial assistance, the department and the department of administration may use the following methods of providing financial assistance:

AB150, s. 4224 Section 4224. 144.241 (6) (b) 5. of the statutes is amended to read:

AB150,1467,3 144.241 (6) (b) 5. Providing financial hardship assistance no-interest loans under sub. (13) from the account under s. 25.43 (2) (b).

AB150, s. 4225 Section 4225. 144.241 (8) (f) of the statutes is repealed.

AB150, s. 4226 Section 4226. 144.241 (8) (g) of the statutes is amended to read:

AB150,1467,9 144.241 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 144.2415, except financial assistance under sub. (13m), for a project may not result in the municipality paying less than 30% of the cost of the project.

AB150, s. 4227 Section 4227. 144.241 (8) (h) of the statutes is amended to read:

AB150,1467,19 144.241 (8) (h) Except as provided in par. (k) or (m), a municipality that is a violator of an effluent limitation at the time that the notice of financial assistance commitment is given the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of a the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 147 permit, and that is applying for financial assistance under s. 144.2415 (13) to correct that violation.

AB150, s. 4228 Section 4228. 144.241 (8) (j) of the statutes is repealed.

AB150, s. 4229 Section 4229. 144.241 (8) (k) (intro.) of the statutes is amended to read:

AB150,1467,23 144.241 (8) (k) (intro.) The restrictions specified under par. (b) 1. and 2., (c), (f) or (h) do not apply to any of the following methods of financial assistance:

AB150, s. 4230 Section 4230. 144.241 (8) (m) of the statutes is repealed.

AB150, s. 4231 Section 4231. 144.241 (8m) of the statutes is created to read:

AB150,1468,5 144.241 (8m) Notice of intent to apply. (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 144.2415 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.

AB150,1468,9 (b) If a municipality does not apply for financial assistance under this section and s. 144.2415 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).

AB150,1468,11 (c) The department may waive par. (a) or (b) upon the written request of a municipality.

AB150, s. 4232 Section 4232. 144.241 (8s) of the statutes is created to read:

AB150,1468,15 144.241 (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.

AB150, s. 4233 Section 4233. 144.241 (9) (a) of the statutes is amended to read:

AB150,1468,25 144.241 (9) (a) A After the department approves a municipality's facility plan submitted under sub. (8s), the municipality which desires to participate in the program under this section and s. 144.2415 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. The department shall review applications for participation in the program under this section and s. 144.2415. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (10) and (8m) and, before July 1, 1997, sub. (13).

AB150, s. 4234 Section 4234. 144.241 (9) (am) of the statutes is created to read:

AB150,1469,4 144.241 (9) (am) A municipality may not submit more than one application under par. (a) in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.

AB150, s. 4235 Section 4235. 144.241 (9) (b) of the statutes is amended to read:

AB150,1469,9 144.241 (9) (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 shall complete a staged facility plan, design plans and specifications and an environmental analysis sequence as required by the department by rule.

AB150, s. 4236 Section 4236. 144.241 (9m) of the statutes is created to read:

AB150,1469,13 144.241 (9m) Acceptance of application; allocation of funding. (a) Subject to pars. (c) and (d), the department of administration shall notify a municipality that its application under sub. (9) (a) is approved after all of the following occur:

AB150,1469,15 1. The department of natural resources determines that the project meets the eligibility requirements and criteria under subs. (7), (8), (8m) and (8s).

AB150,1469,17 2. The department of administration initially determines that the municipality will meet the requirements of s. 144.2415 (9) (b).

AB150,1469,21 (e) 1. If a sufficient amount of subsidy is available under s. 144.2415 (3) (d) for the municipality's project, based on the calculation under s. 144.2415 (3) (i), when the department of administration notifies the municipality under par. (a), the department of administration shall do all of the following:

AB150,1469,22 a. Allocate that amount to the project.

AB150,1469,25 b. Inform the municipality, as part of the notification under par. (a), of the date by which complete plans and specifications for the project must be submitted to the department of natural resources.

AB150,1470,3 2. If the municipality fails to submit complete plans and specifications by the date required under subd. 1. b., the department of administration shall release the amount of subsidy allocated for the project.

AB150,1470,11 3. The department of administration shall promulgate, by rule, a method for determining a deadline by which a municipality that has been allocated subsidy must enter into a financial assistance agreement under s. 144.2415 (11) (a). The rules may provide for extending the deadline under specified conditions. If a municipality fails to enter into a financial assistance agreement by the deadline determined under the rules, including any extension, the department of administration shall release the amount of subsidy allocated to the municipality's project.

AB150,1470,15 (f) If a sufficient amount of subsidy is not available under s. 144.2415 (3) (d) for the municipality's project when the department of administration notifies the municipality under par. (a), the department shall place the project on a list for allocation when additional subsidy becomes available.

AB150, s. 4237 Section 4237. 144.241 (10) (title) of the statutes is renumbered 144.241 (8e) (title).

AB150, s. 4238 Section 4238. 144.241 (10) (a) of the statutes is renumbered 144.241 (8e), and 144.241 (8e) (intro.), as renumbered, is amended to read:

AB150,1470,22 144.241 (8e) (intro.) The department shall establish a priority list under 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:

AB150, s. 4239 Section 4239. 144.241 (10) (b) of the statutes is repealed.

AB150, s. 4240 Section 4240. 144.241 (10) (c) to (f) of the statutes are repealed.

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

AB150,1471,7 144.241 (11) (title) Approval Type of financial assistance. (a) 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).

AB150,1471,14 (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 before July 1, 1997, and the department of administration may approve financial hardship assistance after June 30, 1997.

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

AB150,1471,19 144.241 (9m) (d) The department of administration may not approve financial assistance under this section and s. 144.2415 provide notice under par. (a) for a project that is not on the priority list under sub. (10) (a) (8e).

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

AB150,1471,25 144.241 (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, s. 4244 Section 4244. 144.241 (12) (a) 1. of the statutes is amended to read:

AB150,1472,3 144.241 (12) (a) 1. Tier 1 projects are those projects specified in sub. (7) (b) 1. and 2., except as restricted by sub. (8) (b), (c), (f) or (h).

AB150, s. 4245 Section 4245. 144.241 (12) (a) 2. of the statutes is amended to read:

AB150,1472,6 144.241 (12) (a) 2. Tier 2 projects are those projects specified in sub. (7) (b) 4. and 5., except as restricted by sub. (8) (b), (c), (f) or (h).

AB150, s. 4246 Section 4246. 144.241 (12) (a) 3. of the statutes is amended to read:

AB150,1472,10 144.241 (12) (a) 3. Tier 3 projects are those projects specified in sub. (7) (b) 6. and 7., and those portions of projects under tiers 1 and 2 that are restricted by sub. (8) (b), (c), (f) or (h).

AB150, s. 4247 Section 4247. 144.241 (12) (c) (intro.) of the statutes is amended to read:

AB150,1472,14 144.241 (12) (c) (intro.) The department of administration shall establish, by rule, the percentage of market interest rates on loans for each tier of projects specified in par. (a) 1., 2. or 3., consistent with the following standards:

AB150, s. 4248 Section 4248. 144.241 (12) (c) 1. of the statutes is repealed.

AB150, s. 4249 Section 4249. 144.241 (12) (c) 3. (intro.) and b. of the statutes are consolidated, renumbered 144.241 (12) (c) 3. and amended to read:

AB150,1472,23 144.241 (12) (c) 3. The department of administration, in establishing percentage of market interest rates, shall attempt to ensure that those rates do not result in any of the following: b. State state water pollution abatement general obligation debt service costs greater than 50% of all general obligation debt service costs in the fiscal year in which the rates are established and in any of the following 3 fiscal years.

AB150, s. 4250 Section 4250. 144.241 (12) (c) 3. a. of the statutes is repealed.

AB150, s. 4251 Section 4251. 144.241 (12) (d) of the statutes is amended to read:

AB150,1473,9 144.241 (12) (d) Upon receipt of a request in writing from the department, the The department of administration shall prepare in writing, and submit to the department, estimates of the debt service costs specified in par. (c) 3. The department of administration shall use such those estimates in establishing the percentage of market interest rates consistent with the standards standard specified in par. (c) 3. The department of administration, concurrently with the department's submitting a notice under s. 227.19 (2) of proposed rules authorized under this subsection, shall submit such estimates to the chief clerk of each house for distribution to the appropriate standing committees under s. 13.172 (3).

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

AB150,1473,13 144.241 (12) (f) The department of administration 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, s. 4253 Section 4253. 144.241 (13) of the statutes is repealed and recreated to read:

AB150,1473,19 144.241 (13) Financial hardship assistance. A municipality with an application that is approved under sub. (9m) is eligible for a no-interest loan for all project costs eligible for financial assistance under this section and s. 144.2415, except for those costs to which sub. (8) (b), (c) or (h) applies, if the municipality meets all of the following criteria:

AB150,1473,21 (a) The median household income in the municipality is 80% or less of the median household income in this state.

AB150,1473,24 (b) The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2.5% of the median household income in the municipality in the absence of assistance under this subsection.

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

AB150,1474,5 144.241 (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, s. 4255 Section 4255. 144.241 (14) (b) 1. of the statutes is amended to read:

AB150,1474,9 144.241 (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, s. 4256 Section 4256. 144.241 (14) (b) 7. of the statutes is amended to read:

AB150,1474,25 144.241 (14) (b) 7. Develop and adopt a system of equitable user charges to ensure that the department of administration determines is equitable and ensures 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 of administration 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 of administration and comply with 33 USC 1284 (b). The department of administration 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.

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

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

AB150,1475,6 144.241 (15) (a) (intro.) Subject to pars. (b) and (c), the The department shall 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, s. 4259 Section 4259. 144.241 (15) (a) 1. of the statutes is repealed and recreated to read: