AB100, s. 3375
6Section
3375. 234.86 of the statutes is created to read:
AB100,1368,8
7234.86 Drinking water loan guarantee program. (1) Definitions. In this
8section:
AB100,1368,119
(a) "Community water system" means a public water system that serves at
10least 15 service connections used by year-round residents or that regularly serves
11at least 25 year-round residents.
AB100,1368,1212
(b) "Department" means the department of natural resources.
AB100,1368,1313
(c) "Local governmental unit" has the meaning given in s. 281.61 (1) (a).
AB100,1368,1514
(d) "Noncommunity water system" means a public water system that is not a
15community water system.
AB100,1368,1616
(e) "Public water system" has the meaning given in s. 281.61 (1) (c).
AB100,1368,19
17(2) Guarantee requirements. The authority may use money from the
18Wisconsin drinking water reserve fund under s. 234.933 to guarantee a loan under
19this section if all of the following apply:
AB100,1368,2020
(a) The borrower is not a local governmental unit and is one of the following:
AB100,1368,2121
1. The owner of a community water system.
AB100,1368,2222
2. The owner of a noncommunity water system and is not operated for profit.
AB100,1368,2323
(b) The loan qualifies as an eligible loan under sub. (3).
AB100,1368,2524
(c) The lender is a financial institution that enters into an agreement under s.
25234.933 (3) (a).
AB100,1369,1
1(3) Eligible loans. A loan is an eligible loan if all of the following apply:
AB100,1369,52
(a) The department determines that the loan will facilitate compliance with
3national primary drinking water regulations under
42 USC 300g-1 or otherwise
4significantly further the health protection objectives of the Safe Drinking Water Act,
542 USC 300f to
300j-26.
AB100,1369,76
(b) The department determines that the loan satisfies the requirements under
7s. 281.62 (2).
AB100,1369,14
8(4) Guarantee of collection. (a) Subject to par. (b), the authority may
9guarantee collection of a percentage, not exceeding 80%, of the principal of any loan
10eligible for a guarantee under this section. The authority shall establish the
11percentage of the unpaid principal of an eligible loan that will be guaranteed using
12the procedures described in the guarantee agreement under s. 234.933 (3) (a). The
13authority may establish a single percentage for all guaranteed loans or establish
14different percentages for eligible loans on an individual basis.
AB100,1369,1615
(b) Except as provided in s. 234.933 (4), the total outstanding principal amount
16of all guaranteed loans under par. (a) may not exceed $3,000,000.
AB100, s. 3377
18Section
3377. 234.88 of the statutes is created to read:
AB100,1369,20
19234.88 Brownfields redevelopment loan guarantee program. (1)
20Definitions. In this section:
AB100,1369,2321
(a) "Brownfields" means abandoned, idle or underused industrial or
22commercial facilities or sites, the expansion or redevelopment of which is adversely
23affected by actual or perceived environmental contamination.
AB100,1369,2524
(b) "Guaranteed loan" means a loan for which the authority guarantees
25repayment under sub. (3).
AB100,1370,3
1(c) "Participating lender" means a bank, savings bank, credit union, credit
2association, savings and loan association or other person that makes loans and that
3has entered into an agreement with the authority under s. 234.93 (2) (a).
AB100,1370,54
(d) "Security interest" means an interest in property or other assets that
5secures payment or other performance of a guaranteed loan.
AB100,1370,8
6(2) Eligible loans. A loan made by a participating lender is eligible for
7guarantee of repayment from the Wisconsin development reserve fund under s.
8234.93 if all of the following apply:
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(a) The borrower is a business in this state.
AB100,1370,1210
(b) The borrower uses the loan proceeds for direct or related expenses, as
11determined by the authority, that are associated with the redevelopment of
12brownfields and related environmental remediation activities.
AB100,1370,1413
(c) The loan proceeds are not applied to the outstanding balance of any other
14loan.
AB100,1370,1615
(d) The authority approves the interest rate on the loan, including any
16origination fees or other charges.
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(e) The participating lender obtains a security interest in any equipment,
18machinery, physical plant or other assets to secure repayment of the loan.
AB100,1370,2119
(f) The loan term does not extend beyond 15 years after the date on which the
20participating lender disburses the loan unless the authority agrees to an extension
21of the loan term.
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(g) The participating lender considers the borrower's assets, cash flow and
23managerial ability sufficient to preclude voluntary or involuntary liquidation for the
24loan term granted by the participating lender.
AB100,1371,2
1(h) The participating lender agrees to the percentage of guarantee established
2for the loan by the authority.
AB100,1371,9
3(3) Guarantee of repayment. (a) Subject to par. (b), beginning on July 1, 1998,
4the authority may guarantee repayment of a percentage, not exceeding 80%, of the
5principal of any loan eligible for a guarantee under sub. (2). The authority shall
6establish the percentage of the unpaid principal of an eligible loan that will be
7guaranteed by using the procedures described in the guarantee agreement under s.
8234.93 (2) (a). The authority may establish a single percentage for all guaranteed
9loans or establish different percentages for eligible loans on an individual basis.
AB100,1371,1110
(b) Except as provided in s. 234.93 (3), the total outstanding principal amount
11of all guaranteed loans under par. (a) may not exceed $500,000.
AB100, s. 3379
13Section
3379. 234.93 (1) (e) of the statutes is created to read:
AB100,1371,1514
234.93
(1) (e) To be used for guaranteeing loans under s. 234.88, moneys
15appropriated to the authority under s. 20.490 (5) (t).
AB100, s. 3380
16Section
3380. 234.93 (2) (a) (intro.) of the statutes is amended to read:
AB100,1371,2217
234.93
(2) (a) (intro.) The authority
shall may enter into a guarantee
18agreement with any bank, production credit association, credit union, savings bank,
19savings and loan association or other person who wishes to participate in a loan
20program guaranteed by the Wisconsin development reserve fund. The authority may
21determine all of the following, consistent with the terms of the specific loan
22guarantee program:
AB100, s. 3381
23Section
3381. 234.93 (2) (bm) of the statutes is created to read:
AB100,1372,624
234.93
(2) (bm) A guarantee agreement between the authority and a bank,
25production credit association, credit union, savings and loan association or other
1person under par. (a) with respect to a loan guaranteed under s. 234.67, 1995 stats.,
2s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995
3stats., s. 234.83, 1995 stats., s. 234.87, 1995 stats., or s. 234.935, 1995 stats., that is
4in effect immediately before the effective date of this paragraph .... [revisor inserts
5date], shall continue in full force and effect until the termination or expiration of the
6agreement according to its terms.
AB100, s. 3382
7Section
3382. 234.93 (4) (a) 2. of the statutes is amended to read:
AB100,1372,128
234.93
(4) (a) 2. To fund guarantees under all of the programs guaranteed by
9funds from the Wisconsin development reserve fund
, except for the program under
10s. 234.935, 1995 stats., at a ratio of $1 of reserve funding to
$4 $4.50 of total
11outstanding principal and outstanding guaranteed principal that the authority may
12guarantee under all of those programs.
AB100, s. 3383
13Section
3383. 234.93 (4) (a) 3. of the statutes is created to read:
AB100,1372,1614
234.93
(4) (a) 3. To fund guarantees under the program under s. 234.935, 1995
15stats., at a ratio of $1 of reserve funding to $4 of total principal and outstanding
16guaranteed principal that the authority may guarantee under that program.
AB100, s. 3384
17Section
3384. 234.93 (4) (b) (intro.) of the statutes is amended to read:
AB100,1372,2018
234.93
(4) (b) (intro.) Annually on
June 30 August 31, the executive director
19of the authority shall provide to the secretary of administration and to the joint
20committee on finance a signed statement that includes all of the following:
AB100, s. 3385
21Section
3385. 234.932 (3) (d) of the statutes is amended to read:
AB100,1373,422
234.932
(3) (d) The authority shall ensure that the cash balance in the
23Wisconsin job training reserve fund is sufficient
to fund guarantees under the job
24training loan guarantee program at a ratio of $1 of reserve funding to $4 of total
25outstanding guaranteed principal that the authority may guarantee under the
1program and to pay all outstanding claims under the
job training loan guarantee 2program. The authority shall regularly monitor the cash balance in the Wisconsin
3job training reserve fund to ensure that the cash balance is sufficient for the purposes
4specified in this paragraph.
AB100, s. 3386
5Section
3386. 234.932 (4m) of the statutes is created to read:
AB100,1373,106
234.932
(4m) Balance transfer. Annually on August 31, until no balance
7remains, the authority shall transfer to the general fund any balance remaining in
8the Wisconsin job training reserve fund on that date, after deducting an amount
9sufficient to pay all outstanding claims under the job training loan guarantee
10program.
AB100, s. 3387
11Section
3387. 234.933 of the statutes is created to read:
AB100,1373,14
12234.933 Wisconsin drinking water reserve fund. (1) Definition. In this
13section, "drinking water loan guarantee program" means the program under s.
14234.86.
AB100,1373,18
15(2) Establishment of fund. There is established under the jurisdiction and
16control of the authority, for the purpose of providing funds for guaranteeing loans
17under s. 234.86, a Wisconsin drinking water reserve fund, consisting of all of the
18following:
AB100,1373,2119
(a) Moneys transferred to the authority from the appropriation accounts under
20s. 20.320 (2) (s) and (x) or received by the authority for the Wisconsin drinking water
21reserve fund from any other source.
AB100,1373,2322
(b) Any income from investment of money in the Wisconsin drinking water
23reserve fund by the authority under s. 234.03 (18).
AB100,1374,3
24(3) Program administration. (a) The authority shall enter into a guarantee
25agreement with any bank, production credit association, credit union, savings bank,
1savings and loan association or other person who wishes to participate in the
2drinking water loan guarantee program. The authority may determine all of the
3following, consistent with the terms of the loan guarantee program:
AB100,1374,44
1. The form of the agreement.
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2. Any conditions upon which the authority may refuse to enter into such an
6agreement.
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3. Any procedures required to carry out the agreement, including default
8procedures and procedures for determining the guaranteed percentage of each loan.
AB100,1374,129
(b) The authority may not use any moneys other than those in the Wisconsin
10drinking water reserve fund for the drinking water loan guarantee program, and
11may not use moneys in the Wisconsin drinking water reserve fund for any programs
12other than the drinking water loan guarantee program.
AB100,1374,1613
(c) The authority may establish an eligibility criteria review panel, consisting
14of experts in finance and in the subject area of the drinking water loan guarantee
15program, to provide advice about lending requirements and issues related to the
16drinking water loan guarantee program.
AB100,1374,2317
(d) The authority shall ensure that the cash balance in the Wisconsin drinking
18water reserve fund is sufficient to fund guarantees under the drinking water loan
19guarantee program at a ratio of $1 of reserve funding to $4 of total outstanding
20guaranteed principal that the authority may guarantee under the program and to
21pay all outstanding claims under the program. The authority shall regularly
22monitor the cash balance in the Wisconsin drinking water reserve fund to ensure
23that the cash balance is sufficient for the purposes specified in this paragraph.
AB100,1375,8
24(4) Increases or decreases in loan guarantees. The authority may request
25the joint committee on finance to take action under s. 13.10 to permit the authority
1to increase or decrease the total outstanding guaranteed principal amount of loans
2that it may guarantee under the drinking water loan guarantee program. Included
3with its request, the authority shall provide a projection, for the next June 30, that
4compares the amounts required on that date to pay outstanding claims and to fund
5guarantees under the drinking water loan guarantee program, and the balance
6remaining in the Wisconsin drinking water reserve fund on that date after deducting
7such amounts, if the increase or decrease is approved, with such amounts and the
8balance remaining, if the increase or decrease is not approved.
AB100,1375,12
9(5) Annual report. Annually, the authority shall report on the number and
10total dollar amount of guaranteed loans under the drinking water loan guarantee
11program, the default rate on the loans and any other information on the program that
12the authority determines is significant.
AB100,1375,16
13(6) Moral obligation. Recognizing its moral obligation, the legislature
14expresses its expectation that, if called upon to do so, it shall make an appropriation
15to meet all demands for funds guaranteed by the Wisconsin drinking water reserve
16fund.
AB100, s. 3389
18Section
3389. Subchapter III (title) of chapter 234 [precedes 234.94] of the
19statutes is created to read:
AB100,1375,2020
Chapter 234
AB100,1375,2321
Subchapter III
22
community development
23
finance company
AB100, s. 3390
24Section
3390. 234.94 (intro.) of the statutes is amended to read:
AB100,1376,2
1234.94 (title)
Community development finance company Definitions. 2(intro.) In
ss. 234.94 to 234.98 this subchapter:
AB100, s. 3391
3Section
3391. 236.02 (4) of the statutes is amended to read:
AB100,1376,44
236.02
(4) "Department" means the department of
commerce administration.
AB100, s. 3392
5Section
3392. 236.12 (2) (a) of the statutes is amended to read:
AB100,1376,186
236.12
(2) (a) Two copies for each of the state agencies required to review the
7plat to the department which shall examine the plat for compliance with ss.
236.13
8(1) (d) and (2m), 236.15, 236.16, 236.20 and 236.21 (1) and (2). If the subdivision
9abuts or adjoins a state trunk highway or connecting highway, the department shall
10transmit 2 copies to the department of transportation so that agency may determine
11whether it has any objection to the plat on the basis of its rules as provided in s.
12236.13.
If the subdivision is not served by a public sewer and provision for that
13service has not been made, the department shall transmit 2 copies to the department
14of commerce so that that agency may determine whether it has any objection to the
15plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the
16agencies may designate local officials to act as their agents in examining the plats
17for compliance with the statutes or their rules by filing a written delegation of
18authority with the approving body.
AB100, s. 3393
19Section
3393. 236.13 (1) (d) of the statutes is amended to read:
AB100,1376,2220
236.13
(1) (d) The rules of the department
of commerce relating to lot size and
21lot elevation necessary for proper sanitary conditions in a subdivision not served by
22a public sewer, where provision for public sewer service has not been made;
AB100, s. 3394
23Section
3394. 250.04 (3m) of the statutes is created to read:
AB100,1376,2524
250.04
(3m) The department may charge a reasonable fee for the analysis and
25provision of data under this section.
AB100, s. 3395
1Section
3395. 250.041 of the statutes is created to read:
AB100,1377,6
2250.041 Denial, nonrenewal and suspension of registration, license,
3certification, approval, permit and certificate based on certain
4delinquency in payment. (1) The department shall require each applicant to
5provide the department with the applicant's social security number, if the applicant
6is an individual, as a condition of issuing or renewing any of the following:
AB100,1377,77
(a) A registration under s. 250.05 (5).
AB100,1377,88
(b) A license under s. 252.23 (2) or 252.24 (2).
AB100,1377,99
(c) A certification under s. 254.176 (1) or (3) or 254.20 (2), (3) or (4).
AB100,1377,1010
(d) An approval under s. 254.178 (2) (a).