SB77-SSA1,1487,64
(c) "Market interest rate" means the interest at the effective rate of a revenue
5obligation issued by this state to fund a loan or portion of a loan for a clean water fund
6program project under s. 281.58.
SB77-SSA1,1487,77
(d) "Political subdivision" means a city, village, town or county.
SB77-SSA1,1487,88
(e) "Site or facility" has the meaning given in s. 292.35 (1) (f).
SB77-SSA1,1487,19
9(2) General. The department and the department of administration may
10administer a program to provide financial assistance to eligible applicants for
11projects to remedy environmental contamination of sites or facilities at which
12environmental contamination has affected groundwater or surface water or
13threatens to affect groundwater or surface water. The department and the
14department of administration may provide financial assistance under this section to
15an eligible applicant only if the eligible applicant owns the contaminated site or
16facility. The department and the department of administration may not provide
17financial assistance under this section to remedy environmental contamination at
18a site or facility that is not a landfill if the eligible applicant caused the
19environmental contamination.
SB77-SSA1,1487,21
20(2r) Methods of providing financial assistance. The following methods of
21providing financial assistance may be used under the land recycling loan program:
SB77-SSA1,1487,2322
(a) Making loans below the market interest rate for projects described in sub.
23(2).
SB77-SSA1,1488,3
1(b) Purchasing or refinancing the obligation of an eligible applicant if the
2obligation was incurred to finance the cost of a project described in sub. (2) and the
3obligation was initially incurred after May 17, 1988.
SB77-SSA1,1488,64
(c) Guaranteeing, or purchasing insurance for, obligations incurred to finance
5the cost of projects described in sub. (2) if the guarantee or insurance will provide
6credit market access or reduce interest rates.
SB77-SSA1,1488,107
(d) Providing payments to the board of commissioners of public lands to reduce
8principal or interest payments, or both, on loans made to political subdivisions under
9subch. II of ch. 24 by the board of commissioners of public lands for projects that are
10eligible for financial assistance under the land recycling loan program.
SB77-SSA1,1488,15
11(3) Notice of intent to apply. (a) An eligible applicant shall submit notice of
12its intent to apply for financial assistance under the land recycling loan program. An
13eligible applicant shall submit the notice at least 6 months before the beginning of
14the fiscal year in which it will request to receive funding. The notice shall be in a
15form prescribed by the department and the department of administration.
SB77-SSA1,1488,1716
(b) The department may waive par. (a) upon the written request of an eligible
17applicant.
SB77-SSA1,1488,25
18(5) Application. After submitting a notice of intent to apply under sub. (3) (a)
19or obtaining a waiver under sub. (3) (b), an eligible applicant shall submit an
20application for land recycling loan program financial assistance to the department.
21The eligible applicant shall submit the application before the April 30 preceding the
22beginning of the fiscal year in which the eligible applicant is requesting to receive the
23financial assistance. The application shall be in the form and include the
24information required by the department and the department of administration. An
25eligible applicant may not submit more than one application per project per year.
SB77-SSA1,1489,9
1(6) Priority list. The department shall establish a priority list that ranks each
2land recycling loan program project. The department shall promulgate rules for
3determining project rankings based on the potential of projects to reduce
4environmental pollution and threats to human health and, for sites and facilities
5that are not landfills, the extent to which projects will prevent the development of
6undeveloped land by making land available for redevelopment after a cleanup is
7conducted. Before the department establishes the priority list, the department shall
8consider the recommendations of the department of administration and the
9department of commerce.
SB77-SSA1,1489,11
10(7) Approval of application. The department shall approve an application
11received under sub. (5) after all of the following occur:
SB77-SSA1,1489,1212
(a) The project is ranked on the priority list under sub. (6).
SB77-SSA1,1489,1413
(b) The department determines that the project meets the eligibility
14requirements under this section.
SB77-SSA1,1489,1615
(c) The department of administration determines that the eligible applicant
16will meet the requirements of s. 281.59 (9) (b).
SB77-SSA1,1489,1817
(d) The legislature has approved an amount under s. 281.59 (3m) (b) for the
18biennium.
SB77-SSA1,1490,2
19(8) Funding list; allocation of funding. (a) The department shall establish
20a funding list for each fiscal year that ranks projects of eligible applicants that
21submit approvable applications under sub. (5) before the April 30 preceding the
22beginning of the fiscal year in the same order that they appear on the priority list
23under sub. (6). If sufficient funds are not available to fund all approved applications
24for financial assistance, the department of administration shall allocate funding to
1projects that are approved under sub. (7) in the order that they appear on the funding
2list, except as follows:
SB77-SSA1,1490,43
1. The department of administration may not allocate more than 40% of the
4available funds in each fiscal year to projects to remedy contamination at landfills.
SB77-SSA1,1490,65
2. In any biennium, no eligible applicant may receive more than 25% of the
6amount established under s. 281.59 (3m) (b) for that biennium.
SB77-SSA1,1490,97
(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. 281.58 (3m) (b).
SB77-SSA1,1490,12
10(8m) Conditions of financial assistance. As a condition of receiving financial
11assistance under the land recycling loan program, an eligible applicant shall do all
12of the following:
SB77-SSA1,1490,1413
(a) Establish a dedicated source of revenue for the repayment of the financial
14assistance.
SB77-SSA1,1490,1715(b) Comply with those provisions of
33 USC 1381 to
1387, this chapter, and the
16rules and regulations promulgated under those provisions, that the department
17specifies.
SB77-SSA1,1490,1918
(c) Allow access to the project by representatives of the department for the
19purpose of making inspections.
SB77-SSA1,1491,2
20(9) Financial assistance commitments. The department and the department
21of administration may, at the request of an eligible applicant, issue a notice of
22financial assistance commitment after the eligible applicant's application for land
23recycling loan program financial assistance has been approved and funding has been
24allocated under sub. (8) for the eligible applicant's project. The notice of financial
25assistance commitment shall specify the conditions that the eligible applicant must
1meet to secure financial assistance and shall include the estimated repayment
2schedules and other terms of financial assistance.
SB77-SSA1,1491,6
3(10) Deadline for closing. If funding is allocated to a project under sub. (8)
4for a loan and the loan is not closed before April 30 of the year following the year in
5which funding is allocated, the department of administration shall release the
6funding allocated to the project.
SB77-SSA1,1491,8
7(11) Loan interest rates. The interest rate on a land recycling loan program
8loan shall be 55% of market interest rate.
SB77-SSA1,1491,18
9(11m) Service fee. The department and the department of administration
10shall jointly charge and collect an annual service fee for reviewing and acting upon
11land recycling loan program applications and servicing financial assistance
12agreements. The fee shall be in addition to interest payments at the rate under sub.
13(11). For the 1997-99 fiscal biennium, the service fee shall be 0.5% of the loan
14balance. Fee amounts for later biennia shall be established in the biennial finance
15plan under s. 281.59 (3) (a) 8. The department and the department of administration
16shall specify in the biennial finance plan a fee designed to cover the costs of reviewing
17and acting upon land recycling loan program applications and servicing financial
18assistance agreements.
SB77-SSA1,1491,21
19(12) Sale of site or facility. (a) An eligible applicant may not sell a site or
20facility, or portion of a site or facility, for which the eligible applicant has received a
21loan under this section, while the loan is outstanding, for less than fair market value.
SB77-SSA1,1491,2422
(b) If an eligible applicant sells a site or facility, or portion of a site or facility,
23for which the eligible applicant has received a loan under this section, the eligible
24applicant shall do the following:
SB77-SSA1,1492,3
11. If the sale proceeds are less than or equal to the remaining loan balance, pay
2the sale proceeds to the department of administration to repay all or a portion of the
3loan.
SB77-SSA1,1492,74
2. If the sale proceeds are greater than the remaining loan balance but less than
5or equal to the cost of the land plus the cost of the cleanup, pay an amount equal to
6the remaining loan balance to the department of administration and retain the
7remainder of the sale proceeds.
SB77-SSA1,1492,128
3. If the sale proceeds are greater than the cost of the land plus the cost of the
9cleanup, pay to the department of administration an amount equal to the remaining
10loan balance plus the lesser of 75% of the amount by which the sale proceeds exceed
11the cost of the land plus the cost of the cleanup or the amount of subsidy incurred for
12the project and retain the remainder of the sale proceeds.
SB77-SSA1,1492,13
13(13) Duties of the department. The department shall do all of the following:
SB77-SSA1,1492,1514
(a) Seek approval of the federal environmental protection agency for the use
15of funds under
33 USC 1381 to
1387 for the land recycling loan program.
SB77-SSA1,1492,1716
(b) Promulgate rules establishing eligibility criteria for applicants and projects
17under this section.
SB77-SSA1,1492,1918
(c) Promulgate rules that are necessary for the execution of its responsibilities
19under the land recycling loan program.
SB77-SSA1,1492,2120
(d) Cooperate with the department of administration in administering the land
21recycling loan program.
SB77-SSA1,1492,2322
(e) Submit a biennial budget request under s. 16.42 for the land recycling loan
23program.
SB77-SSA1,1492,2524
(f) Have the lead role with the federal environmental protection agency
25concerning the land recycling loan program.
SB77-SSA1,1493,3
1(g) Have the lead role with eligible applicants in providing land recycling loan
2program information, and cooperate with the department of administration in
3providing that information to eligible applicants.
SB77-SSA1,1493,54
(h) Periodically inspect land recycling loan program projects to determine
5project compliance with the requirements of this section.
SB77-SSA1,1493,86
(i) By May 1 of each even-numbered year, prepare and submit to the
7department of administration a biennial needs list that includes all of the following
8information:
SB77-SSA1,1493,119
1. A list of land recycling loan program projects that the department estimates
10will apply for financial assistance under the land recycling loan program during the
11next biennium.
SB77-SSA1,1493,1412
2. The estimated cost and estimated construction schedule of each project on
13the list under subd. 1., and the total of the estimated costs of all projects on the list
14under subd. 1.
SB77-SSA1,1493,1515
3. The estimated rank of each project on the priority list under sub. (6).
SB77-SSA1,1493,17
17281.61 Safe drinking water loan program. (1) Definitions. In this section:
SB77-SSA1,1493,2018
(a) "Local governmental unit" means a city, village, town, county, town sanitary
19district, public inland lake protection and rehabilitation district or municipal water
20district.
SB77-SSA1,1493,2321
(b) "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.
SB77-SSA1,1494,224
(c) "Public water system" means a water system providing piped water to the
25public for human consumption if the water system has at least 15 service connections
1or regularly serves an average of at least 25 individuals daily for at least 60 days each
2year.
SB77-SSA1,1494,43
(d) "Safe drinking water loan program" means the program administered
4under this section, with financial management provided under s. 281.59.
SB77-SSA1,1494,10
5(2) General. The department and the department of administration shall
6administer a program to provide financial assistance to local governmental units for
7projects for the planning, designing, construction or modification of public water
8systems, if the projects will facilitate compliance with national primary drinking
9water regulations under
42 USC 300g-1 or otherwise significantly further the health
10protection objectives of the Safe Drinking Water Act,
42 USC 300f to
300j-26.
SB77-SSA1,1494,17
11(2g) Ineligible projects. A local governmental unit is not eligible for financial
12assistance under this section if the local governmental unit does not have the
13technical, managerial or financial capacity to ensure compliance with the Safe
14Drinking Water Act,
42 USC 300f to
300j-26, or the public water system operated by
15the local governmental unit is in significant noncompliance with any requirement
16of a primary drinking water regulation or variance under
42 USC 300g-1 unless the
17financial assistance will ensure compliance with the Safe Drinking Water Act.
SB77-SSA1,1494,20
18(2r) Methods of providing financial assistance. The following methods of
19providing financial assistance may be used under the safe drinking water loan
20program:
SB77-SSA1,1494,2221
(a) Making loans below the market interest rate for projects described in sub.
22(2).
SB77-SSA1,1494,2523
(b) Purchasing or refinancing the obligation of a local governmental unit if the
24obligation was incurred to finance the cost of a project described in sub. (2) and the
25obligation was initially incurred after July 1, 1993.
SB77-SSA1,1495,3
1(c) Guaranteeing, or purchasing insurance for, obligations incurred to finance
2the cost of projects described in sub. (2) if the guarantee or insurance will provide
3credit market access or reduce interest rates.
SB77-SSA1,1495,74
(d) Providing payments to the board of commissioners of public lands to reduce
5principal or interest payments, or both, on loans made to local governmental units
6under subch. II of ch. 24 by the board of commissioners of public lands for projects
7that are eligible for financial assistance under the safe drinking water loan program.
SB77-SSA1,1495,88
(e) Making grants as provided in sub. (8e).
SB77-SSA1,1495,13
9(3) Notice of intent to apply. (a) A local governmental unit shall submit notice
10of its intent to apply for financial assistance under the safe drinking water loan
11program at least 6 months before the beginning of the fiscal year in which it intends
12to receive the financial assistance. The notice shall be in a form prescribed by the
13department and the department of administration.
SB77-SSA1,1495,1614
(b) If a local governmental unit does not apply for financial assistance by April
1530 of the 2nd year following the year in which it submitted notice under par. (a), the
16local governmental unit shall submit a new notice under par. (a).
SB77-SSA1,1495,1817
(c) The department may waive par. (a) or (b) upon the written request of a local
18governmental unit.
SB77-SSA1,1495,21
19(4) Engineering report. A local governmental unit seeking financial
20assistance for a project under this section shall submit an engineering report, as
21required by the department by rule.
SB77-SSA1,1496,5
22(5) Application. After the department approves a local governmental unit's
23engineering report submitted under sub. (4), the local governmental unit shall
24submit an application for safe drinking water financial assistance to the department.
25The applicant shall submit the application before the April 30 preceding the
1beginning of the fiscal year in which the applicant wishes to receive the financial
2assistance. The application shall be in the form and include the information required
3by the department and the department of administration and shall include plans and
4specifications that are approvable by the department under this section. An
5applicant may not submit more than one application per project per year.
SB77-SSA1,1496,12
6(6) Priority list. The department shall establish a priority list that ranks each
7safe drinking water loan program project. The department shall promulgate rules
8for determining project rankings that, to the extent possible, give priority to projects
9that address the most serious risks to human health, that are necessary to ensure
10compliance with the Safe Drinking Water Act,
42 USC 300f to
300j-26, and that
11assist local governmental units that are most in need on a per household basis,
12according to affordability criteria specified in the rules.
SB77-SSA1,1496,14
13(7) Approval of application. The department shall approve an application
14received under sub. (5) after all of the following occur:
SB77-SSA1,1496,1515
(a) The project is ranked on the priority list under sub. (6).
SB77-SSA1,1496,1716
(b) The department determines that the project meets the eligibility
17requirements under this section.
SB77-SSA1,1496,1918
(c) The department of administration determines that the local governmental
19unit will meet the requirements of s. 281.59 (9) (b).
SB77-SSA1,1496,2120
(d) The legislature has approved an amount under s. 281.59 (3s) (b) 1. for the
21biennium.
SB77-SSA1,1497,3
22(8) Funding list; allocation of funding. (a) The department shall establish
23a funding list for each fiscal year that ranks projects of local governmental units that
24submit approvable applications under sub. (5) in the same order that they appear on
25the priority list under sub. (6). If sufficient funds are not available to fund all
1approved applications for financial assistance, the department of administration
2shall allocate funding to projects that are approved under sub. (7) in the order that
3they appear on the funding list, except as follows:
SB77-SSA1,1497,74
1. The department of administration shall allocate to projects for public water
5systems that regularly serve fewer than 10,000 persons 15% of the available funds
6in each fiscal year or such lesser amount that fully funds the eligible projects for
7those public water systems.
SB77-SSA1,1497,98
2. In any biennium, no local governmental unit may receive more than 25% of
9the amount established under s. 281.59 (3s) (b) for that biennium.
SB77-SSA1,1497,1210
(b) In allocating subsidy under this subsection, the department of
11administration shall adhere to the amount approved by the legislature for each
12biennium under s. 281.59 (3s) (b).
SB77-SSA1,1497,16
13(8e) Grants for certain projects. When the department of administration
14allocates funding to a project under sub. (8), it shall allocate a portion of the funding
15as a grant for the project equal to up to 20% of the project costs if all of the following
16apply.
SB77-SSA1,1497,1817
(a) The project is for a public water system that regularly serves fewer than
1810,000 persons.
SB77-SSA1,1497,2119
(b) The local governmental unit applying for financial assistance meets the
20financial eligibility criteria established by the department of natural resources by
21rule for the purpose of sub. (11) (a).
SB77-SSA1,1497,2422
(c) The department of administration has not allocated more than 5% of the
23available funds in the fiscal year in which it allocates funds to the project for grants
24under this subsection.
SB77-SSA1,1498,3
1(8m) Conditions of financial assistance. As a condition of receiving financial
2assistance under the safe drinking water loan program, a local governmental unit
3shall do all of the following:
SB77-SSA1,1498,54
(a) Establish a dedicated source of revenue for the repayment of the financial
5assistance.
SB77-SSA1,1498,86(b) Comply with those provisions of
42 USC 300f to
300j-26 and this chapter
7and the regulations and rules promulgated under those provisions that the
8department specifies.
SB77-SSA1,1498,109
(c) Develop and adopt a program of water conservation as required by the
10department.
SB77-SSA1,1498,1311
(d) Develop and adopt a program of systemwide operation and maintenance of
12the public water system, including the training of personnel, as required by the
13department.
SB77-SSA1,1498,1414
(e) Develop and adopt a user fee system.
SB77-SSA1,1498,22
15(9) Financial assistance commitments. The department and the department
16of administration may, at the request of a local governmental unit, issue a notice of
17financial assistance commitment after the local governmental unit's application for
18safe drinking water financial assistance has been approved under sub. (7) and
19funding has been allocated under sub. (8) for the local governmental unit's project.
20The notice of financial assistance commitment shall specify the conditions that the
21local governmental unit must meet to secure financial assistance and shall include
22the estimated repayment schedules and other terms of the financial assistance.
SB77-SSA1,1499,2
23(10) Deadline for closing. If funding is allocated to a project under sub. (8)
24for a loan and the loan is not closed before April 30 of the year following the year in
1which funding is allocated, the department of administration shall release the
2funding allocated to the project.