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.
SB77-SSA1,1504,219
281.65
(2) (a) "Best management practices" means practices, techniques or
10measures, except for
dredgings dredging, identified in areawide water quality
11management plans, which are determined to be
the most effective means of
12preventing or reducing pollutants generated from nonpoint sources, or from the
13sediments of inland lakes polluted by nonpoint sources, to a level compatible with
14water quality objectives established under this section and which do not have an
15adverse impact on fish and wildlife habitat. The practices, techniques or measures
16include land acquisition, storm sewer rerouting and the removal of structures
17necessary to install structural urban best management practices, facilities for the
18handling and treatment of milkhouse wastewater, repair of fences built using grants
19under this section and measures to prevent or reduce pollutants generated from
20mine tailings disposal sites for which the department has not approved a plan of
21operation under s. 289.30.
SB77-SSA1,1504,2423
281.65
(2) (be) "Priority lake" means any lake or group of lakes that are
24identified under sub. (3) (am)
or (4) (cm).
SB77-SSA1,1505,2
1281.65
(3) (a) Review the
lists submitted under sub. (4) (c) and (cd) and reports
2submitted under sub. (4) (c)
, (cd) and (cg).
SB77-SSA1,1505,54
281.65
(3) (am)
Designate Identify priority watersheds and priority lakes
5based on reports submitted under sub. (4) (c) and (cd)
as provided in sub. (3m).
SB77-SSA1,1505,167
281.65
(3m) (a) 1. No later than July 1, 1998, the board shall identify priority
8watersheds based on the list submitted under sub. (4) (c) and recommendations by
9the department and the department of agriculture, trade and consumer protection
10without regard to any priority watershed designations made before the board acts
11under this subdivision, except for priority watershed designations under sub. (4)
12(cm). The department and the department of agriculture, trade and consumer
13protection shall limit the number of watersheds that they recommend to the board
14to the number that they determine will enable the department to comply with sub.
15(4) (g) 9., assuming that the level of funding for the program under this section
16remains the same as on the effective date of this subdivision .... [revisor inserts date].
SB77-SSA1,1505,2117
2. If a watershed is designated as a priority watershed before the board acts
18under subd. 1. and the board does not identify the watershed as a priority watershed
19under subd. 1., the board shall terminate the watershed's designation as a priority
20watershed. This subdivision does not apply to priority watershed designations made
21under sub. (4) (cm).
SB77-SSA1,1505,2522
(b) 1. No later than July 1, 1998, the board shall identify priority lakes based
23on the list submitted under sub. (4) (cd) and recommendations by the department
24and the department of agriculture, trade and consumer protection without regard to
25any priority lake designations made before the board acts under this subdivision.
SB77-SSA1,1506,3
12. If a lake is designated as a priority lake before the board acts under subd.
21. and the board does not identify the lake as a priority lake under subd. 1., the board
3shall terminate the lake's designation as a priority lake.
SB77-SSA1,1506,64
(c) If the board terminates a priority watershed or priority lake designation
5under this subsection, the board shall direct the department to eliminate funding for
6the project in the former priority watershed or priority lake area.
SB77-SSA1,1506,107
(d) 1. If a watershed is designated as a priority watershed before the board acts
8under par. (a) 1. and the board identifies the watershed as a priority watershed under
9par. (a) 1., the board shall direct the department to continue funding for the project
10in the priority watershed.
SB77-SSA1,1506,1311
2. If a lake is designated as a priority lake before the board acts under par. (b)
121. and the board identifies the lake as a priority lake under par. (b) 1., the board shall
13direct the department to continue funding for the project in the priority lake area.
SB77-SSA1, s. 3579
14Section
3579. 281.65 (4) (c) of the statutes is repealed and recreated to read:
SB77-SSA1,1506,1915
281.65
(4) (c) Prepare a list of the watersheds in this state in order of the level
16of impairment of the waters in each watershed caused by nonpoint source pollution,
17taking into consideration the location of impaired water bodies that the department
18has identified to the federal environmental protection agency under
33 USC 1313 (d)
19(1) (A), and submit the list to the board no later than January 1, 1998.
SB77-SSA1, s. 3580
20Section
3580. 281.65 (4) (cd) of the statutes is repealed and recreated to read:
SB77-SSA1,1506,2521
281.65
(4) (cd) Prepare a list of the lakes in this state in order of the level of
22impairment of the waters in the lakes caused by nonpoint source pollution, taking
23into consideration the location of impaired water bodies that the department has
24identified to the federal environmental protection agency under
33 USC 1313 (d) (1)
25(A), and submit the list to the board no later than January 1, 1998.
SB77-SSA1,1507,42
281.65
(4) (dm) Establish water quality objectives
for each water basin and for
3each priority watershed and priority lake and identify the best management
4practices to achieve the water quality objectives.
SB77-SSA1,1507,226
281.65
(4) (e) Promulgate rules, in consultation with the department of
7agriculture, trade and consumer protection, as are necessary for the proper
8execution and administration of the program under this section. Before
9promulgating rules under this paragraph, the department shall submit the rules to
10the land and water conservation board for review under sub. (3) (at). The rules shall
11include standards and specifications concerning best management practices which
12are required for eligibility for cost-sharing grants under this section.
The standards
13and specifications shall be consistent with the performance standards, prohibitions,
14conservation practices and technical standards under s. 281.16. The department
15may waive the standards and specifications in exceptional cases.
The rules shall
16specify which best management practices are cost-effective best management
17practices. Only persons involved in the administration of the program under this
18section, persons who are grant recipients or applicants and persons who receive
19notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules
20promulgated under this paragraph. Any rule promulgated under this paragraph
21which relates or pertains to agricultural practices relating to animal waste handling
22and treatment is subject to s. 13.565.
SB77-SSA1,1508,424
281.65
(4) (em) In identifying best management practices under pars. (dm) and
25(g) 4., identify cost-effective best management practices, as specified under par. (e),
1except in situations in which the use of a cost-effective best management practice
2will not contribute to water quality improvement or will cause a water body to
3continue to be impaired as identified to the federal environmental protection agency
4under
33 USC 1313 (d) (1) (A).
SB77-SSA1,1508,146
281.65
(4) (f) Administer the distribution of grants and aids to governmental
7units for local administration and implementation of the program under this section.
8A grant awarded under this section may be used for technical assistance, educational
9and training assistance, ordinance development and administration, cost-sharing
10for management practices and capital improvements, plan preparation under par.
11(g), easements or other activities determined by the department to satisfy the
12requirements of this section.
A grant may not be used for promotional items, except
13for promotional items that are used for informational purposes, such as brochures
14or videos.
SB77-SSA1, s. 3584
15Section
3584. 281.65 (4) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,1508,2116
281.65
(4) (g) (intro.) In cooperation with the department of agriculture, trade
17and consumer protection and the appropriate governmental unit, prepare priority
18watershed and priority lakes plans to implement nonpoint source water pollution
19abatement projects and storm water control activities described in sub. (8c) in
20priority watersheds and priority lake areas
, as designated under sub. (3) (am) or (4)
21(cm). In preparing the plans, the department shall:
SB77-SSA1,1509,223
281.65
(4) (L) Before September 1 of each year, in consultation with the
24department of agriculture, trade and consumer protection, submit a budget report
25to the board that includes anticipated expenditures for projects under this section
1during the next year, criteria for ending projects under this section and, if anticipated
2expenditures exceed anticipated funding, a plan for reducing expenditures.
SB77-SSA1,1509,95
281.65
(4c) (a) Beginning on July 1, 1998, a governmental unit may request
6funding for a priority watershed project, a priority lake project or a nonpoint source
7water pollution abatement project that is not in a priority watershed or a priority
8lake area by submitting an application to the board. An application shall be
9submitted before July 15 to be considered for initial funding in the following year.
SB77-SSA1,1509,1310
(b) The department, in consultation with the department of agriculture, trade
11and consumer protection, shall use the system approved under par. (e) to determine
12the score of each project for which the board receives an application under par. (a)
13and shall inform the board of the scores no later than September 1 of each year.
SB77-SSA1,1509,1714
(c) After receiving project scores under par. (b) and before November 1 of each
15year, the board shall select projects for funding under this section in the following
16year. To the extent practicable, within the requirements of this section, the board
17shall select projects so that projects are distributed evenly around this state.
SB77-SSA1,1509,2218
(d) No later than April 1, 1998, the department, in consultation with the
19department of agriculture, trade and consumer protection, shall propose to the board
20a scoring system for ranking nonpoint source water pollution abatement projects for
21which applications are submitted under par. (a). The criteria on which the scoring
22system is based shall include all of the following:
SB77-SSA1,1509,2423
1. The extent to which the application proposes to use the cost-effective and
24appropriate best management practices to achieve water quality goals.
SB77-SSA1,1510,3
12. The existence in the project area of an impaired water body that the
2department has identified to the federal environmental protection agency under
33
3USC 1313 (d) (1) (A).
SB77-SSA1,1510,54
3. The extent to which the project will result in the attainment of established
5water quality objectives.
SB77-SSA1,1510,66
4. The local interest in and commitment to the project.
SB77-SSA1,1510,97
5. The inclusion of a strategy to evaluate the progress toward reaching project
8goals, including the monitoring of water quality improvements resulting from
9project activities.
SB77-SSA1,1510,1110
6. The extent to which the application proposes to use available federal
11funding.
SB77-SSA1,1510,1512
(e) The board shall review the scoring system proposed under par. (d) and shall
13approve the system as submitted or shall modify and approve the system. The board
14shall review the system at least once every 2 years and may require the department
15to submit a revised system after a review.
SB77-SSA1,1510,2317
281.65
(4e) The department of natural resources and the department of
18agriculture, trade and consumer protection, jointly, shall prepare a plan to allocate
19funding from the program under this section for staff in every county as funds
20become available from the completion or termination of projects under this section.
21The departments shall submit the plan to the land and water conservation board by
22July 1, 1998. The department of natural resources shall implement the plan upon
23the approval of the land and water conservation board.
SB77-SSA1,1511,7
1281.65
(4g) The department may contract with any person from the
2appropriations appropriation account under s. 20.370
(6) (aa) and (4) (at) for services
3to administer or implement this section, including information and education and
4training services.
The department shall allocate $500,000 in each fiscal year from the
5appropriation account under s. 20.370 (4) (at) for contracts for educational and
6technical assistance related to the program under this section provided by the
7University of Wisconsin-Extension.
SB77-SSA1,1511,189
281.65
(5) (b) Prepare sections of the priority watershed or priority lake plan
10relating to farm-specific implementation schedules, requirements under ss. 92.104
11and 92.105, animal waste management and selection of agriculturally related best
12management practices and submit those sections to the department for inclusion
13under sub. (4m) (b).
The best management practices shall be cost-effective best
14management practices, as specified under sub. (4) (e), except in situations in which
15the use of a cost-effective best management practice will not contribute to water
16quality improvement or will cause a water body to continue to be impaired as
17identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
18(A).
SB77-SSA1,1511,2321
281.65
(7m) The state share of a grant for local administration under this
22section may not exceed 70% of the cost of the activities for which the grant is provided
23if the department first provides a grant to fund those activities after June 30, 1998.
SB77-SSA1,1512,4
1281.65
(8) (cm) Grants may be provided
from the appropriations under s.
220.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the
3projects are in conformance with areawide water quality management plans and the
4purposes specified under sub. (1).
SB77-SSA1,1512,136
281.65
(8) (e) Except as provided in sub. (8c), grants may only be used for
7implementing best management practices.
Grants for implementing best
8management practices may only be used for implementing cost-effective best
9management practices specified under sub. (4) (e) unless an applicant demonstrates
10that the use of a cost-effective best management practice will not contribute to water
11quality improvement or will cause a water body to continue to be impaired as
12identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
13(A).
SB77-SSA1, s. 3591
14Section
3591. 281.65 (8) (f) of the statutes is repealed and recreated to read:
SB77-SSA1,1512,2015
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
16implementing the best management practice that is determined by the
17governmental unit submitting the application under sub. (4c) (a) and is approved by
18the board, except as provided under pars. (gm) and (jm) and except that a
19cost-sharing grant may not exceed 70% of the cost of implementing the best
20management practice.
SB77-SSA1,1513,223
281.65
(8) (gm) The
department governmental unit submitting the application
24under sub. (4c) (a) shall exceed the limit under par.
(g) and any limit imposed by rule
1on the total amount of a grant (f) in cases of economic hardship, as defined by the
2department by rule.
SB77-SSA1,1513,138
281.65
(8) (jm) Notwithstanding
pars.
par. (f)
to (h), after cost-sharing grants
9have been available in a priority watershed or priority lake area for 36 months only
10a reduced grant, which may not exceed a percentage established by the department
11by rule of the cost of implementing the best management practice, may be provided
12to the owner or operator of a site designated as a critical site in a priority watershed
13plan under sub. (5m) or in a modification to such a plan under sub. (5s).
SB77-SSA1,1513,1815
281.65
(8) (m) The department may recognize the value of a conservation
16easement created under s. 700.40 (2) and donated to the department, or to any person
17approved by the department, as constituting all or a portion of the landowner's or
18operator's share of a cost-sharing grant as determined under
pars. par. (f)
to (h).
SB77-SSA1,1514,820
281.65
(11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay
21River is a priority watershed for the period ending on June 30, 2001.
22Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and
23(e), the department, in consultation with the local units of government involved with
24the priority watershed project, shall establish guidelines for the types of nonpoint
25source water pollution abatement practices to be eligible for cost-sharing grants in
1the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in
2the watershed may be based on the amount of pollution reduction achieved rather
3than on the cost of the practices installed, using guidelines developed by the
4department, in consultation with the local units of government involved with the
5priority watershed project. The department and the local governmental staff
6involved with the priority watershed project shall evaluate the cost effectiveness of
7the project and the reduction in nonpoint source water pollution associated with the
8project.