AB61-ASA1-AA4,21,42
281.59
(1m) Establishment of programs. (a) There is established a clean
3water fund program, administered under s. 281.58, with financial management
4provided under this section.
AB61-ASA1-AA4,21,65
(b) There is established a safe drinking water loan program, administered
6under s. 281.61, with financial management provided under this section.
AB61-ASA1-AA4,21,98
281.59
(2) (a) Administer its responsibilities under this section and
s. ss. 281.58
9and 281.61.
AB61-ASA1-AA4,21,1211
281.59
(2) (b) Cooperate with the department in administering the clean water
12fund program
and the safe drinking water loan program.
AB61-ASA1-AA4,21,1614
281.59
(2) (c) Accept and hold any letter of credit from the federal government
15through which the state receives federal capitalization grant payments and
16disbursements to the
clean water environmental improvement fund.
AB61-ASA1-AA4,21,1918
281.59
(2m) (title)
Investment management;
clean water environmental
19improvement fund.
AB61-ASA1-AA4,21,2421
281.59
(2m) (a) 1. Subject to par. (b), direct the investment board under s. 25.17
22(2) (d) to make any investment of the
clean water
environmental improvement fund,
23or in the collection of the principal and interest of all moneys loaned or invested from
24such that fund.
AB61-ASA1-AA4,22,2
1281.59
(2m) (b) 1. The action provides a financial benefit to the
clean water 2environmental improvement fund.
AB61-ASA1-AA4,22,54
281.59
(2m) (b) 2. The action does not contradict or weaken the purposes of the
5clean water environmental improvement fund.
AB61-ASA1-AA4,22,87
281.59
(3) (a) 1. An estimate of wastewater treatment
and safe drinking water 8needs of the state for the 4 fiscal years of the next 2 biennia.
AB61-ASA1-AA4,22,1210
281.59
(3) (a) 2. The total amount of financial assistance planned to be provided
11or committed
to municipalities for projects
under the clean water fund program and
12the safe drinking water loan program during the 4 fiscal years of the next 2 biennia.
AB61-ASA1-AA4,22,1915
281.59
(3) (a) 5. Audited financial statements of the past operations and
16activities of the
program under this section and s. 281.58, the estimated fund capital
17available in each of the next 4 fiscal years, and the projected clean water fund balance
18for each of the next 20 years given existing obligations and financial conditions clean
19water fund program and the safe drinking water loan program.
AB61-ASA1-AA4,22,2521
281.59
(3) (a) 6. An amount equal to the estimated present value of subsidies
22for all clean water fund
program loans and grants expected to be made for the
23wastewater treatment projects listed in the biennial needs list under s. 281.58 (3m),
24discounted at a rate of 7% per year to the first day of the biennium for which the
25biennial finance plan is prepared.
AB61-ASA1-AA4,23,52
281.59
(3) (a) 6m. An amount equal to the estimated present value of subsidies
3for all loans under the safe drinking water loan program to be made during the
4biennium for which the biennial finance plan is prepared, discounted at a rate of 7%
5per year to the first day of that biennium.
AB61-ASA1-AA4,23,87
281.59
(3) (a) 7. A discussion of the assumptions made in calculating the
8amount amounts under
subd. subds. 6
. and 6m.
AB61-ASA1-AA4,23,1110
281.59
(3) (a) 8. The amount of any service fee expected to be charged
under
11s. 281.58 (9) (d) during the next biennium
under this section to an applicant.
AB61-ASA1-AA4,23,1713
281.59
(3) (b) The department of administration and the department shall
14consider as a guideline in preparing the
portion of the biennial finance plan
for the
15clean water fund program that all state water pollution abatement general
16obligation debt service costs should not exceed 50% of all general obligation debt
17service costs to the state.
AB61-ASA1-AA4, s. 87tr
18Section 87tr. 281.59 (3) (c), (d), (dm), (e), (f) and (i) of the statutes are
19renumbered 281.59 (3e) (a), (b), (c), (d), (e) and (f), and 281.59 (3e) (a), (b) (intro.), (c),
20(d), (e) and (f), as renumbered, are amended to read:
AB61-ASA1-AA4,23,2321
281.59
(3e) (a) No moneys
from the clean water fund may be expended
for the
22clean water fund program in a biennium until the legislature reviews and approves
23all of the following as part of the biennial budget act for the biennium:
AB61-ASA1-AA4,24,3
11. An amount
of present value of the subsidy for the clean water fund program 2that is specified for that biennium under par.
(d)
(b) and is based on the amount
3included in the biennial finance plan under
par.
sub. (3) (a) 6.
AB61-ASA1-AA4,24,64
2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state
5may contract for the purposes of
s. 281.58 and this section the clean water fund
6program.
AB61-ASA1-AA4,24,87
3. The amount of revenue obligations, authorized under sub. (4) (f), that may
8be issued for the purposes
specified in s. 25.43 (3)
of the clean water fund program.
AB61-ASA1-AA4,24,119
(b) (intro.) The amount
of present value of the subsidy for the clean water fund
10program that is
required to be specified under par.
(c) (a) 1. and approved by the
11legislature under this paragraph is
as follows:
AB61-ASA1-AA4,24,1912
(c) The department of administration may allocate amounts approved under
13par.
(d) (b) as the present value of subsidies for financial assistance under
this section
14and s. 281.58 the clean water fund program, including financial hardship assistance
15and assistance for the additional costs of approved projects. The department of
16administration may allocate amounts from the amount approved under par.
(d) (b) 17for a biennium until December 30 of the fiscal year immediately following the
18biennium for projects for which complete applications under s. 281.58 (9) (a) are
19submitted before the end of the biennium.
AB61-ASA1-AA4,24,2420
(d) The department may expend, for financial assistance in a biennium other
21than financial hardship assistance under s. 281.58 (13) (e), an amount up to 85% of
22the amount approved by the legislature under par.
(d)
(b). The department may
23expend such amount only from the percentage of the amount approved under par.
(d) 24(b) that is not available under par.
(f) (e) for financial hardship assistance.
AB61-ASA1-AA4,25,5
1(e) The department may expend, for financial hardship assistance in a
2biennium under s. 281.58 (13) (e), an amount up to 15% of the amount approved by
3the legislature under par.
(d) (b) for that biennium. The department may expend
4such amount only from the percentage of the amount approved by the legislature
5under par.
(d) (b) that is not available under par.
(e) (d) for financial assistance.
AB61-ASA1-AA4,25,106
(f) Using the amount approved under par.
(d) (b) as a base, the department of
7administration shall calculate the present value of the actual subsidy of each clean
8water fund
program loan or grant to be made for those projects in each biennium that
9are approved for financial assistance by the 2 departments. The present value shall
10be discounted as provided under
par. sub. (3) (a) 6.
AB61-ASA1-AA4,25,1712
281.59
(3) (j) No later than November 1 of each odd-numbered year, the
13department of administration and the department jointly shall submit a report, to
14the building commission and committees as required under par. (bm), on the
15implementation of the amount established under
par. (d) sub. (3e) (b) as required
16under s. 281.58 (9m) (e), and on the operations and activities of the clean water fund
17program
and the safe drinking water loan program for the previous biennium.
AB61-ASA1-AA4,25,1919
281.59
(3e) (title)
Clean water fund program expenditures.
AB61-ASA1-AA4,25,2421
281.59
(3s) Safe drinking water loan program expenditures. (a) No moneys
22may be expended for the safe drinking water loan program in a biennium until the
23legislature reviews and approves all of the following as part of the biennial budget
24act for the biennium:
AB61-ASA1-AA4,26,3
11. An amount of present value of the subsidy for the safe drinking water loan
2program that is specified for that biennium under par. (b) and is based on the amount
3included in the biennial finance plan under sub. (3) (a) 6m.
AB61-ASA1-AA4,26,54
2. The amount of public debt, authorized under s. 20.866 (2) (td), that the state
5may contract for the purposes of the safe drinking water loan program.
AB61-ASA1-AA4,26,76
(b) The amount of present value of the subsidy for the safe drinking water loan
7program that is approved by the legislature under this paragraph is as follows:
AB61-ASA1-AA4,26,88
1. Equal to $18,000,000 during the 1997-99 biennium.
AB61-ASA1-AA4,26,99
2. Equal to $1,000 for any biennium after the 1997-99 biennium.
AB61-ASA1-AA4,26,1210
(c) The department of administration may allocate amounts approved under
11par. (b) as the present value of subsidies for financial assistance under the safe
12drinking water program.
AB61-ASA1-AA4,26,1713
(d) Using the amount approved under par. (b) as a base, the department of
14administration shall calculate the present value of the actual subsidy of each safe
15drinking water loan made for those projects in each biennium that are approved for
16financial assistance. The present value shall be discounted as provided under sub.
17(3) (a) 6m.
AB61-ASA1-AA4,26,2319
281.59
(4) (am) Deposits, appropriations or transfers to the
clean water 20environmental improvement fund for the purposes
specified in s. 25.43 (3) of the
21clean water fund program may be funded with the proceeds of revenue obligations
22issued subject to and in accordance with subch. II of ch. 18 or in accordance with
23subch. IV of ch. 18 if designated a higher education bond.
AB61-ASA1-AA4,27,10
1281.59
(4) (c) The building commission may pledge any portion of revenues
2received or to be received in the fund established in par. (b) or the
clean water 3environmental improvement fund to secure revenue obligations issued under this
4subsection. The pledge shall provide for the transfer to the
clean water 5environmental improvement fund of all pledged revenues, including any interest
6earned on the revenues, which are in excess of the amounts required to be paid under
7s. 20.320 (1) (c) and (u) for the purposes
specified in s. 25.43 (3) of the clean water fund
8program. The pledge shall provide that the transfers be made at least twice yearly,
9that the transferred amounts be deposited in the
clean water environmental
10improvement fund and that the transferred amounts are free of any prior pledge.
AB61-ASA1-AA4, s. 87vr
11Section 87vr. 281.59 (9) (a), (am) and (b) (intro.) and 1. of the statutes are
12amended to read:
AB61-ASA1-AA4,27,1913
281.59
(9) (a) A loan approved under
this section and s. 281.58 the clean water
14fund program or the safe drinking water loan program shall be for no longer than 20
15years, as determined by the department of administration, be fully amortized not
16later than 20 years after the original date of the note, and require the repayment of
17principal and interest, if any, to begin not later than 12 months after the expected
18date of completion of the project that it funds, as determined by the department of
19administration.
AB61-ASA1-AA4,28,420
(am) The department of administration, in consultation with the department,
21may establish those terms and conditions of a financial assistance agreement that
22relate to its financial management, including what type of municipal obligation, as
23set forth under s. 66.36, is required for the repayment of the financial assistance.
24Any terms and conditions established under this paragraph by the department of
25administration shall comply with the requirements of this section and s. 281.58
or
1281.61. In setting
such the terms and conditions, the department of administration
2may consider factors that the department of administration finds are relevant,
3including the type of
municipal obligation evidencing the loan, the pledge of security
4for the
municipal obligation and the
municipality's applicant's creditworthiness.
AB61-ASA1-AA4,28,75
(b) (intro.) As a condition of receiving financial assistance under
this section
6and s. 281.58, a municipality the clean water fund program or the safe drinking
7water loan program, an applicant shall do all of the following:
AB61-ASA1-AA4,28,98
1. Pledge the security, if any, required by the rules promulgated by the
9department of administration under this section and s. 281.58
or 281.61.
AB61-ASA1-AA4,28,1611
281.59
(11) Financial assistance payments. (a) The department of natural
12resources and the department of administration may enter into a financial
13assistance agreement with
a municipality an applicant for which the department of
14administration has allocated subsidy under s. 281.58 (9m)
or 281.61 (8) if the
15municipality applicant meets the conditions under sub. (9)
and s. 281.58 (14) and the
16other requirements under this section and s. 281.58
or 281.61.
AB61-ASA1-AA4,28,2017
(am) The department of administration shall make the financial assistance
18payments to
a municipality which an applicant that has entered into a financial
19assistance agreement under par. (a) or to the
municipality's applicant's designated
20agent.
AB61-ASA1-AA4,29,421
(b) If a municipality fails to make a principal repayment or interest payment
22after its due date, the department of administration shall place on file a certified
23statement of all amounts due under this section and s. 281.58
or 281.61. After
24consulting the department, the department of administration may collect all
25amounts due by deducting those amounts from any state payments due the
1municipality or may add a special charge to the amount of taxes apportioned to and
2levied upon the county under s. 70.60. If the department of administration collects
3amounts due, it shall remit those amounts to the fund to which they are due and
4notify the department of that action.
AB61-ASA1-AA4,29,95
(c) The department of administration may retain the last payment under a
6financial assistance agreement until the department of natural resources and the
7department of administration determine that the project is completed and meets the
8applicable requirements of this section and s. 281.58
or 281.61 and that the
9conditions of the financial assistance agreement are met.
AB61-ASA1-AA4,30,211
281.59
(13m) Legislative moral obligation. The building commission may, at
12the time the loan is made, by resolution designate a loan made under
this section and
13s. 281.58 the clean water fund program as one to which this subsection applies. If
14at any time the payments received or expected to be received from a municipality on
15any loan so designated are pledged to secure revenue obligations of the state issued
16pursuant to subch. II of ch. 18 and are insufficient to pay when due principal of and
17interest on such loan, the department of administration shall certify the amount of
18such insufficiency to the secretary of administration, the governor and the joint
19committee on finance. If the certification is received by the secretary of
20administration in an even-numbered year before the completion of the budget under
21s. 16.43, the secretary of administration shall include the certified amount in the
22budget compilation. In any event, the joint committee on finance shall introduce in
23either house, in bill form, an appropriation of the amount so requested for the
24purpose of payment of the revenue obligation secured thereby. Recognizing its moral
1obligation to do so, the legislature hereby expresses its expectation and aspiration
2that, if ever called upon to do so, it shall make the appropriation.
AB61-ASA1-AA4,30,64
281.59
(13s) Powers. The department of administration may audit, or contract
5for audits of, projects receiving financial assistance under
this section and s. 281.58 6the clean water fund program and the safe drinking water loan program.
AB61-ASA1-AA4,30,108
281.59
(14) Rules. The department of administration shall promulgate rules
9that are necessary for the proper execution of this section and of its responsibilities
10under
s. ss. 281.58
and 281.61.
AB61-ASA1-AA4,30,12
12281.61 Safe drinking water loan program. (1) Definitions. In this section:
AB61-ASA1-AA4,30,1513
(a) "Local governmental unit" means a city, village, town, county, town sanitary
14district, public inland lake protection and rehabilitation district or municipal water
15district.
AB61-ASA1-AA4,30,1816
(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.
AB61-ASA1-AA4,30,2219
(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.
AB61-ASA1-AA4,30,2423
(d) "Safe drinking water loan program" means the program administered
24under this section, with financial management provided under s. 281.59.
AB61-ASA1-AA4,31,6
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.
AB61-ASA1-AA4,31,13
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.
AB61-ASA1-AA4,31,16
14(2r) Methods of providing financial assistance. The following methods of
15providing financial assistance may be used under the safe drinking water loan
16program:
AB61-ASA1-AA4,31,1817
(a) Making loans below the market interest rate for projects described in sub.
18(2).
AB61-ASA1-AA4,31,2119
(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.
AB61-ASA1-AA4,31,2422
(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.
AB61-ASA1-AA4,32,4
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.