AB188-ASA1,37,1513
281.59
(14) Rules. The department of administration shall promulgate rules
14that are necessary for the proper execution of this section and of its responsibilities
15under
s. ss. 281.58
, 281.60 and 281.61.
AB188-ASA1,37,17
17281.60 Land recycling loan program. (1) Definitions. In this section:
AB188-ASA1,37,1818
(a) "Landfill" has the meaning given in s. 289.01 (20).
AB188-ASA1,37,2019
(b) "Land recycling loan program" means the program administered under this
20section with financial management provided under s. 281.59.
AB188-ASA1,37,2321
(c) "Market interest rate" means the interest at the effective rate of a revenue
22obligation issued by this state to fund a loan or portion of a loan for a clean water fund
23program project under s. 281.58.
AB188-ASA1,37,2424
(d) "Political subdivision" means a city, village, town or county.
AB188-ASA1,37,2525
(e) "Site or facility" has the meaning given in s. 292.35 (1) (f).
AB188-ASA1,38,11
1(2) General. The department and the department of administration may
2administer a program to provide financial assistance to political subdivisions for
3projects to remedy environmental contamination of sites or facilities at which
4environmental contamination has affected groundwater or surface water or
5threatens to affect groundwater or surface water. The department and the
6department of administration may provide financial assistance under this section to
7a political subdivision only if the political subdivision owns the contaminated site or
8facility. The department and the department of administration may not provide
9financial assistance under this section to remedy environmental contamination at
10a site or facility that is not a landfill if the political subdivision caused the
11environmental contamination.
AB188-ASA1,38,13
12(2r) Methods of providing financial assistance. The following methods of
13providing financial assistance may be used under the land recycling loan program:
AB188-ASA1,38,1514
(a) Making loans below the market interest rate for projects described in sub.
15(2).
AB188-ASA1,38,1816
(b) Purchasing or refinancing the obligation of a political subdivision if the
17obligation was incurred to finance the cost of a project described in sub. (2) and the
18obligation was initially incurred after May 17, 1988.
AB188-ASA1,38,2119
(c) Guaranteeing, or purchasing insurance for, obligations incurred to finance
20the cost of projects described in sub. (2) if the guarantee or insurance will provide
21credit market access or reduce interest rates.
AB188-ASA1,38,2522
(d) Providing payments to the board of commissioners of public lands to reduce
23principal or interest payments, or both, on loans made to political subdivisions under
24subch. II of ch. 24 by the board of commissioners of public lands for projects that are
25eligible for financial assistance under the land recycling loan program.
AB188-ASA1,39,5
1(3) Notice of intent to apply. (a) A political subdivision shall submit notice
2of its intent to apply for financial assistance under the land recycling loan program.
3A political subdivision shall submit the notice at least 6 months before the beginning
4of the fiscal biennium in which it will request to receive funding. The notice shall
5be in a form prescribed by the department and the department of administration.
AB188-ASA1,39,76
(b) The department may waive par. (a) upon the written request of a political
7subdivision.
AB188-ASA1,39,15
8(5) Application. After submitting a notice of intent to apply under sub. (3) (a)
9or obtaining a waiver under sub. (3) (b), a political subdivision shall submit an
10application for land recycling loan program financial assistance to the department.
11The applicant shall submit the application before the April 30 preceding the
12beginning of the fiscal year in which the applicant is requesting to receive the
13financial assistance. The application shall be in the form and include the
14information required by the department and the department of administration. An
15applicant may not submit more than one application per project per year.
AB188-ASA1,39,24
16(6) Priority list. The department shall establish a priority list that ranks each
17land recycling loan program project. The department shall promulgate rules for
18determining project rankings based on the potential of projects to reduce
19environmental pollution and threats to human health and, for sites and facilities
20that are not landfills, the extent to which projects will prevent the development of
21undeveloped land by making land available for redevelopment after a cleanup is
22conducted. Before the department establishes the priority list, the department shall
23consider the recommendations of the department of administration and the
24department of commerce.
AB188-ASA1,40,2
1(7) Approval of application. The department shall approve an application
2received under sub. (5) after all of the following occur:
AB188-ASA1,40,33
(a) The project is ranked on the priority list under sub. (6).
AB188-ASA1,40,54
(b) The department determines that the project meets the eligibility
5requirements under this section.
AB188-ASA1,40,76
(c) The department of administration determines that the political subdivision
7will meet the requirements of s. 281.59 (9) (b).
AB188-ASA1,40,98
(d) The legislature has approved an amount under s. 281.59 (3m) (b) for the
9biennium.
AB188-ASA1,40,17
10(8) Funding list; allocation of funding. (a) The department shall establish
11a funding list for each fiscal year that ranks projects of political subdivisions that
12submit approvable applications under sub. (5) before the April 30 preceding the
13beginning of the fiscal year in the same order that they appear on the priority list
14under sub. (6). If sufficient funds are not available to fund all approved applications
15for financial assistance, the department of administration shall allocate funding to
16projects that are approved under sub. (7) in the order that they appear on the funding
17list, except as follows:
AB188-ASA1,40,1918
1. The department of administration may not allocate more than 40% of the
19available funds in each fiscal year to projects to remedy contamination at landfills.
AB188-ASA1,40,2120
2. In any biennium, no political subdivision may receive more than 25% of the
21amount established under s. 281.59 (3m) (b) for that biennium.
AB188-ASA1,40,2422
(b) In allocating subsidy under this subsection, the department of
23administration shall adhere to the amount approved by the legislature for each
24biennium under s. 281.58 (3m) (b).
AB188-ASA1,41,3
1(8m) Conditions of financial assistance. As a condition of receiving financial
2assistance under the land recycling loan program, a political subdivision shall do all
3of the following:
AB188-ASA1,41,54
(a) Establish a dedicated source of revenue for the repayment of the financial
5assistance.
AB188-ASA1,41,86(b) Comply with those provisions of
33 USC 1381 to
1387, this chapter, and the
7rules and regulations promulgated under those provisions, that the department
8specifies.
AB188-ASA1,41,109
(c) Allow access to the project by representatives of the department for the
10purpose of making inspections.
AB188-ASA1,41,18
11(9) Financial assistance commitments. The department and the department
12of administration may, at the request of a political subdivision, issue a notice of
13financial assistance commitment after the political subdivision's application for land
14recycling loan program financial assistance has been approved and funding has been
15allocated under sub. (8) for the political subdivision's project. The notice of financial
16assistance commitment shall specify the conditions that the political subdivision
17must meet to secure financial assistance and shall include the estimated repayment
18schedules and other terms of financial assistance.
AB188-ASA1,41,22
19(10) Deadline for closing. If funding is allocated to a project under sub. (8)
20for a loan and the loan is not closed before April 30 of the year following the year in
21which funding is allocated, the department of administration shall release the
22funding allocated to the project.
AB188-ASA1,41,24
23(11) Loan interest rates. The interest rate on a land recycling loan program
24loan shall be 55% of market interest rate.
AB188-ASA1,42,10
1(11m) Service fee. The department and the department of administration
2shall jointly charge and collect an annual service fee for reviewing and acting upon
3land recycling loan program applications and servicing financial assistance
4agreements. The fee shall be in addition to interest payments at the rate under sub.
5(11). For the 1997-99 fiscal biennium, the service fee shall be 0.5% of the loan
6balance. Fee amounts for later biennia shall be established in the biennial finance
7plan under s. 281.59 (3) (a) 8. The department and the department of administration
8shall specify in the biennial finance plan a fee designed to cover the costs of reviewing
9and acting upon land recycling loan program applications and servicing financial
10assistance agreements.
AB188-ASA1,42,14
11(12) Sale of site or facility. (a) A political subdivision may not sell a site or
12facility, or portion of a site or facility, for which the political subdivision has received
13a loan under this section, while the loan is outstanding, for less than fair market
14value.
AB188-ASA1,42,1715
(b) If a political subdivision sells a site or facility, or portion of a site or facility,
16for which the political subdivision has received a loan under this section, the political
17subdivision shall do the following:
AB188-ASA1,42,2018
1. If the sale proceeds are less than or equal to the remaining loan balance, pay
19the sale proceeds to the department of administration to repay all or a portion of the
20loan.
AB188-ASA1,42,2421
2. If the sale proceeds are greater than the remaining loan balance but less than
22or equal to the cost of the land plus the cost of the cleanup, pay an amount equal to
23the remaining loan balance to the department of administration and retain the
24remainder of the sale proceeds.
AB188-ASA1,43,5
13. If the sale proceeds are greater than the cost of the land plus the cost of the
2cleanup, pay to the department of administration an amount equal to the remaining
3loan balance plus the lesser of 75% of the amount by which the sale proceeds exceed
4the cost of the land plus the cost of the cleanup or the amount of subsidy incurred for
5the project and retain the remainder of the sale proceeds.
AB188-ASA1,43,6
6(13) Duties of the department. The department shall do all of the following:
AB188-ASA1,43,87
(a) Seek approval of the federal environmental protection agency for the use
8of funds under
33 USC 1381 to
1387 for the land recycling loan program.
AB188-ASA1,43,109
(b) Promulgate rules establishing eligibility criteria for applicants and projects
10under this section.
AB188-ASA1,43,1211
(c) Promulgate rules that are necessary for the execution of its responsibilities
12under the land recycling loan program.
AB188-ASA1,43,1413
(d) Cooperate with the department of administration in administering the land
14recycling loan program.
AB188-ASA1,43,1615
(e) Submit a biennial budget request under s. 16.42 for the land recycling loan
16program.
AB188-ASA1,43,1817
(f) Have the lead role with the federal environmental protection agency
18concerning the land recycling loan program.
AB188-ASA1,43,2119
(g) Have the lead role with political subdivisions in providing land recycling
20loan program information, and cooperate with the department of administration in
21providing that information to political subdivisions.
AB188-ASA1,43,2322
(h) Periodically inspect land recycling loan program projects to determine
23project compliance with the requirements of this section.
AB188-ASA1,44,3
1(i) By May 1 of each even-numbered year, prepare and submit to the
2department of administration a biennial needs list that includes all of the following
3information:
AB188-ASA1,44,64
1. A list of land recycling loan program projects that the department estimates
5will apply for financial assistance under the land recycling loan program during the
6next biennium.
AB188-ASA1,44,97
2. The estimated cost and estimated construction schedule of each project on
8the list under subd. 1., and the total of the estimated costs of all projects on the list
9under subd. 1.
AB188-ASA1,44,1010
3. The estimated rank of each project on the priority list under sub. (6).
AB188-ASA1,44,12
12281.61 Safe drinking water loan program. (1) Definitions. In this section:
AB188-ASA1,44,1513
(a) "Local governmental unit" means a city, village, town, county, town sanitary
14district, public inland lake protection and rehabilitation district or municipal water
15district.
AB188-ASA1,44,1816
(b) "Market interest rate" means the interest at the effective rate of a revenue
17obligation issued by this state to fund a loan or portion of a loan for a clean water fund
18program project under s. 281.58.
AB188-ASA1,44,2219
(c) "Public water system" means a water system providing piped water to the
20public for human consumption if the water system has at least 15 service connections
21or regularly serves an average of at least 25 individuals daily for at least 60 days each
22year.
AB188-ASA1,44,2423
(d) "Safe drinking water loan program" means the program administered
24under this section, with financial management provided under s. 281.59.
AB188-ASA1,45,6
1(2) General. The department and the department of administration shall
2administer a program to provide financial assistance to local governmental units for
3projects for the planning, designing, construction or modification of public water
4systems, if the projects will facilitate compliance with national primary drinking
5water regulations under
42 USC 300g-1 or otherwise significantly further the health
6protection objectives of the Safe Drinking Water Act,
42 USC 300f to
300j-26.
AB188-ASA1,45,13
7(2g) Ineligible projects. A local governmental unit is not eligible for financial
8assistance under this section if the local governmental unit does not have the
9technical, managerial or financial capacity to ensure compliance with the Safe
10Drinking Water Act,
42 USC 300f to
300j-26, or the public water system operated by
11the local governmental unit is in significant noncompliance with any requirement
12of a primary drinking water regulation or variance under
42 USC 300g-1 unless the
13financial assistance will ensure compliance with the Safe Drinking Water Act.
AB188-ASA1,45,16
14(2r) Methods of providing financial assistance. The following methods of
15providing financial assistance may be used under the safe drinking water loan
16program:
AB188-ASA1,45,1817
(a) Making loans below the market interest rate for projects described in sub.
18(2).
AB188-ASA1,45,2119
(b) Purchasing or refinancing the obligation of a local governmental unit if the
20obligation was incurred to finance the cost of a project described in sub. (2) and the
21obligation was initially incurred after July 1, 1993.
AB188-ASA1,45,2422
(c) Guaranteeing, or purchasing insurance for, obligations incurred to finance
23the cost of projects described in sub. (2) if the guarantee or insurance will provide
24credit market access or reduce interest rates.
AB188-ASA1,46,4
1(d) Providing payments to the board of commissioners of public lands to reduce
2principal or interest payments, or both, on loans made to local governmental units
3under subch. II of ch. 24 by the board of commissioners of public lands for projects
4that are eligible for financial assistance under the safe drinking water loan program.
AB188-ASA1,46,9
5(3) Notice of intent to apply. (a) A local governmental unit shall submit notice
6of its intent to apply for financial assistance under the safe drinking water loan
7program at least 6 months before the beginning of the fiscal biennium in which it
8intends to receive the financial assistance. The notice shall be in a form prescribed
9by the department and the department of administration.
AB188-ASA1,46,1210
(b) If a local governmental unit does not apply for financial assistance by April
1130 of the 2nd year following the year in which it submitted notice under par. (a), the
12local governmental unit shall submit a new notice under par. (a).
AB188-ASA1,46,1413
(c) The department may waive par. (a) or (b) upon the written request of a local
14governmental unit.
AB188-ASA1,46,17
15(4) Engineering report. A local governmental unit seeking financial
16assistance for a project under this section shall submit an engineering report, as
17required by the department by rule.
AB188-ASA1,47,2
18(5) Application. After the department approves a local governmental unit's
19engineering report submitted under sub. (4), the local governmental unit shall
20submit an application for safe drinking water financial assistance to the department.
21The applicant shall submit the application before the April 30 preceding the
22beginning of the fiscal year in which the applicant wishes to receive the financial
23assistance. The application shall be in the form and include the information required
24by the department and the department of administration and shall include plans and
1specifications that are approvable by the department under this section. An
2applicant may not submit more than one application per project per year.
AB188-ASA1,47,9
3(6) Priority list. The department shall establish a priority list that ranks each
4safe drinking water loan program project. The department shall promulgate rules
5for determining project rankings that, to the extent possible, give priority to projects
6that address the most serious risks to human health, that are necessary to ensure
7compliance with the Safe Drinking Water Act,
42 USC 300f to
300j-26, and that
8assist local governmental units that are most in need on a per household basis,
9according to affordability criteria specified in the rules.
AB188-ASA1,47,11
10(7) Approval of application. The department shall approve an application
11received under sub. (5) after all of the following occur:
AB188-ASA1,47,1212
(a) The project is ranked on the priority list under sub. (6).
AB188-ASA1,47,1413
(b) The department determines that the project meets the eligibility
14requirements under this section.
AB188-ASA1,47,1615
(c) The department of administration determines that the local governmental
16unit will meet the requirements of s. 281.59 (9) (b).
AB188-ASA1,47,1817
(d) The legislature has approved an amount under s. 281.59 (3s) (b) 1. for the
18biennium.
AB188-ASA1,47,25
19(8) Funding list; allocation of funding. (a) The department shall establish
20a funding list for each fiscal year that ranks projects of local governmental units that
21submit approvable applications under sub. (5) in the same order that they appear on
22the priority list under sub. (6). If sufficient funds are not available to fund all
23approved applications for financial assistance, the department of administration
24shall allocate funding to projects that are approved under sub. (7) in the order that
25they appear on the funding list, except as follows:
AB188-ASA1,48,4
11. The department of administration shall allocate to projects for public water
2systems that regularly serve fewer than 10,000 persons 15% of the available funds
3in each fiscal year or such lesser amount that fully funds the eligible projects for
4those public water systems.
AB188-ASA1,48,65
2. In any biennium, no local governmental unit may receive more than 25% of
6the amount established under s. 281.59 (3s) (b) for that biennium.
AB188-ASA1,48,97
(b) In allocating subsidy under this subsection, the department of
8administration shall adhere to the amount approved by the legislature for each
9biennium under s. 281.59 (3s) (b).
AB188-ASA1,48,12
10(8m) Conditions of financial assistance. As a condition of receiving financial
11assistance under the safe drinking water loan program, a local governmental unit
12shall do all of the following:
AB188-ASA1,48,1413
(a) Establish a dedicated source of revenue for the repayment of the financial
14assistance.
AB188-ASA1,48,1715(b) Comply with those provisions of
42 USC 300f to
300j-26 and this chapter
16and the regulations and rules promulgated under those provisions that the
17department specifies.
AB188-ASA1,48,1918
(c) Develop and adopt a program of water conservation as required by the
19department.
AB188-ASA1,48,2220
(d) Develop and adopt a program of systemwide operation and maintenance of
21the public water system, including the training of personnel, as required by the
22department.
AB188-ASA1,48,2323
(e) Develop and adopt a user fee system.
AB188-ASA1,49,6
24(9) Financial assistance commitments. The department and the department
25of administration may, at the request of a local governmental unit, issue a notice of
1financial assistance commitment after the local governmental unit's application for
2safe drinking water financial assistance has been approved under sub. (7) and
3funding has been allocated under sub. (8) for the local governmental unit's project.
4The notice of financial assistance commitment shall specify the conditions that the
5local governmental unit must meet to secure financial assistance and shall include
6the estimated repayment schedules and other terms of the financial assistance.
AB188-ASA1,49,10
7(10) Deadline for closing. If funding is allocated to a project under sub. (8)
8for a loan and the loan is not closed before April 30 of the year following the year in
9which funding is allocated, the department of administration shall release the
10funding allocated to the project.