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(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.
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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.
SB77-SSA1,1499,4
3(11) Loan interest rates. (a) Except as provided under par. (b), the interest
4rate on a safe drinking water loan program loan shall be as follows:
SB77-SSA1,1499,65
1. For a local governmental unit that does not meet financial eligibility criteria
6established by the department by rule, 55% of market interest rate.
SB77-SSA1,1499,87
2. For a local governmental unit that meets financial eligibility criteria
8established by the department by rule, 33% of market interest rate.
SB77-SSA1,1499,119
(b) The department and the department of administration jointly may request
10the joint committee on finance to take action under s. 13.101 (11) to modify the
11percentage of market interest rate under par. (a) 1. or 2.
SB77-SSA1,1499,12
12(12) Duties of the department. The department shall do all of the following:
SB77-SSA1,1499,1413
(a) Promulgate rules establishing eligibility criteria for applicants and projects
14under this section.
SB77-SSA1,1499,1615
(b) Promulgate rules that are necessary for the execution of its responsibilities
16under the safe drinking water loan program.
SB77-SSA1,1499,1817
(c) Cooperate with the department of administration in administering the safe
18drinking water loan program.
SB77-SSA1,1499,2119
(d) By May 1 of each even-numbered year, prepare and submit to the
20department of administration a biennial needs list that includes all of the following
21information:
SB77-SSA1,1499,2422
1. A list of drinking water projects that the department estimates will apply
23for financial assistance under the safe drinking water loan program during the next
24biennium.
SB77-SSA1,1500,2
12. The estimated cost and estimated construction schedule of each project on
2the list, and the total of the estimated costs of all projects on the list.
SB77-SSA1,1500,33
3. The estimated rank of each project on the priority list under sub. (6).
SB77-SSA1,1500,54
(e) Submit a biennial budget request under s. 16.42 for the safe drinking water
5loan program.
SB77-SSA1,1500,76
(f) Have the lead state role with the federal environmental protection agency
7concerning the safe drinking water loan program.
SB77-SSA1,1500,108
(g) Have the lead state role with local governmental units in providing safe
9drinking water loan program information, and cooperate with the department of
10administration in providing that information to local governmental units.
SB77-SSA1,1500,1311
(h) Inspect periodically safe drinking water loan program project construction
12to determine project compliance with construction plans and specifications approved
13by the department and the requirements of the safe drinking water loan program.
SB77-SSA1,1500,16
14(13) Capitalization grant. The department may enter into an agreement
15under
42 USC 300j-12 (a), with the federal environmental protection agency to
16receive a capitalization grant for the safe drinking water loan program.
SB77-SSA1,1500,18
18281.62 Other drinking water quality activities. (1) In this section:
SB77-SSA1,1500,2119
(a) "Community water system" means a public water system that serves at
20least 15 service connections used by year-round residents of the area served by the
21public water system or that regularly serves at least 25 year-round residents.
SB77-SSA1,1500,2322
(b) "Noncommunity water system" means a public water system that is not a
23community water system.
SB77-SSA1,1500,2424
(c) "Public water system" has the meaning given in s. 281.61 (1) (c).
SB77-SSA1,1501,3
1(2) (a) With the approval of the department of administration, the department
2may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) for
3any of the following:
SB77-SSA1,1501,84
1. Providing a loan to the owner of a community water system or a nonprofit
5noncommunity water system to acquire land or a conservation easement from a
6willing seller or grantor to protect the source water of the water system from
7contamination and to ensure compliance with national primary drinking water
8regulations under
42 USC 300g-1.
SB77-SSA1,1501,109
2. Providing a loan to the owner of a community water system to do any of the
10following:
SB77-SSA1,1501,1511
a. Implement voluntary source water protection measures in areas delineated
12as provided in
42 USC 300j-13 in order to facilitate compliance with national
13primary drinking water regulations under
42 USC 300g-1 or otherwise significantly
14further the health protection objectives of the Safe Drinking Water Act,
42 USC 300f 15to
300j-26.
SB77-SSA1,1501,1716
b. Implement a program for source water quality protection partnerships as
17provided in
42 USC 300j-14.
SB77-SSA1,1501,2018
3. Assisting the owner of a public water system to develop the technical,
19managerial and financial capacity to comply with national primary drinking water
20regulations under
42 USC 300g-1.
SB77-SSA1,1501,22214. Delineating or assessing source water protection areas as provided under
42
22USC 300j-13.
SB77-SSA1,1501,24235. Protecting wellhead areas from contamination as provided in
42 USC
24300h-7.
SB77-SSA1,1502,4
1(b) In any fiscal year, the department may not expend under par. (a) more than
215% of the funds provided under
42 USC 300j-12 in that fiscal year. In any fiscal
3year, the department may not expend under par. (a) 1., 2., 3., 4. or 5. more than 10%
4of the funds provided under
42 USC 300j-12 in that fiscal year.
SB77-SSA1,1502,7
5(3) (a) With the approval of the department of administration, the department
6may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) for
7any of the following:
SB77-SSA1,1502,881. Public water system supervision as provided in
42 USC 300j-2 (a).
SB77-SSA1,1502,99
2. Technical assistance concerning source water protection.
SB77-SSA1,1502,1110
3. Developing and implementing a capacity development strategy required
11under
42 USC 300g-9 (c).
SB77-SSA1,1502,12124. Operator certification required under
42 USC 300g-8.
SB77-SSA1,1502,1413
(b) In any fiscal year, the department may not expend under par. (a) more than
1410% of the funds provided under
42 USC 300j-12 in that fiscal year.
SB77-SSA1,1502,19
15(4) With the approval of the department of administration, the department
16may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to
17provide technical assistance to public water systems serving 10,000 or fewer persons.
18In any fiscal year, the department may not expend under this subsection more than
192% of the funds provided under
42 USC 300j-12 in that fiscal year.
SB77-SSA1,1502,21
21281.625 Drinking water loan guarantee program. (1) In this section:
SB77-SSA1,1502,2422
(a) "Community water system" means a public water system that serves at
23least 15 service connections used by year-round residents or that regularly serves
24at least 25 year-round residents.
SB77-SSA1,1502,2525
(b) "Local governmental unit" has the meaning given in s. 281.61 (1) (a).
SB77-SSA1,1503,2
1(c) "Noncommunity water system" means a public water system that is not a
2community water system.
SB77-SSA1,1503,33
(d) "Public water system" has the meaning given in s. 281.61 (1) (c).
SB77-SSA1,1503,7
4(2) The department, in consultation with the department of administration,
5shall promulgate rules for determining whether a loan is an eligible loan under s.
6234.86 (3) for a loan guarantee under s. 234.86. The rules shall be consistent with
742 USC 300j-12.
SB77-SSA1,1503,11
8(3) The department shall determine whether a loan to the owner of a
9community water system or the nonprofit owner of a noncommunity water system
10is an eligible loan under s. 234.86 (3) for the purposes of the loan guarantee program
11under s. 234.86.
SB77-SSA1,1503,15
12(4) With the approval of the department of administration, the department of
13natural resources may transfer funds from the appropriation accounts under s.
1420.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933
15to guarantee loans under s. 234.86.
SB77-SSA1,1503,18
16(5) The department may contract with the Wisconsin Housing and Economic
17Development Authority for the administration of the program under this section and
18s. 234.86.
SB77-SSA1,1504,220
281.63
(4) (b)
Eligible projects. Only a project for construction necessary to
21abate combined sewer overflows identified in department-approved facilities plans
22as cost-effective and reasonably necessary for water quality improvements is
23eligible for financial assistance under the combined sewer overflow abatement
24financial assistance program, except that the department need not determine the
1cost-effectiveness of projects performed under a contract awarded under s.
66.905 2560.036 (2m).
SB77-SSA1,1504,74
281.65
(1) (d) Focus limited technical and financial resources in critical
5geographic locations through the selection of priority lakes
identified under sub. (4)
6(cd) and priority watersheds where nonpoint source related water quality problems
7are the most severe and control is most feasible.