AB188: Bill Text

AB188, s. 97 Section 97. 281.59 (3e) (title) of the statutes is created to read:

AB188,26,11 281.59 (3e) (title) Clean water fund program expenditures.

AB188, s. 98 Section 98. 281.59 (3s) of the statutes is created to read:

AB188,26,16 281.59 (3s) Safe drinking water loan program expenditures. (a) No moneys may be expended for the safe drinking water loan program in a biennium until the legislature reviews and approves all of the following as part of the biennial budget act for the biennium:

AB188,26,19 1. An amount of present value of the subsidy for the safe drinking water loan program that is specified for that biennium under par. (b) and is based on the amount included in the biennial finance plan under sub. (3) (a) 6m.

AB188,26,21 2. The amount of public debt, authorized under s. 20.866 (2) (td), that the state may contract for the purposes of the safe drinking water loan program.

AB188,26,23 (b) The amount of present value of the subsidy for the safe drinking water loan program that is approved by the legislature under this paragraph is as follows:

AB188,26,24 1. Equal to $18,000,000 during the 1997-99 biennium.

AB188,26,25 2. Equal to $1,000 for any biennium after the 1997-99 biennium.

AB188,27,3 (c) The department of administration may allocate amounts approved under par. (b) as the present value of subsidies for financial assistance under the safe drinking water program.

AB188,27,8 (d) Using the amount approved under par. (b) as a base, the department of administration shall calculate the present value of the actual subsidy of each safe drinking water loan made for those projects in each biennium that are approved for financial assistance. The present value shall be discounted as provided under sub. (3) (a) 6m.

AB188, s. 99 Section 99. 281.59 (4) (am) of the statutes is amended to read:

AB188,27,14 281.59 (4) (am) Deposits, appropriations or transfers to the clean water environmental improvement fund for the purposes specified in s. 25.43 (3) of the clean water fund program may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18 or in accordance with subch. IV of ch. 18 if designated a higher education bond.

AB188, s. 100 Section 100. 281.59 (4) (c) of the statutes is amended to read:

AB188,27,25 281.59 (4) (c) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (b) or the clean water environmental improvement fund to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the clean water environmental improvement fund of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.320 (1) (c) and (u) for the purposes specified in s. 25.43 (3) of the clean water fund program. The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the clean water environmental improvement fund and that the transferred amounts are free of any prior pledge.

AB188, s. 101 Section 101. 281.59 (9) (a), (am) and (b) (intro.) and 1. of the statutes are amended to read:

AB188,28,9 281.59 (9) (a) A loan approved under this section and s. 281.58 the clean water fund program or the safe drinking water loan program shall be for no longer than 20 years, as determined by the department of administration, be fully amortized not later than 20 years after the original date of the note, and require the repayment of principal and interest, if any, to begin not later than 12 months after the expected date of completion of the project that it funds, as determined by the department of administration.

AB188,28,19 (am) The department of administration, in consultation with the department, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation, as set forth under s. 66.36, is required for the repayment of the financial assistance. Any terms and conditions established under this paragraph by the department of administration shall comply with the requirements of this section and s. 281.58 or 281.61. In setting such the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of municipal obligation evidencing the loan, the pledge of security for the municipal obligation and the municipality's applicant's creditworthiness.

AB188,28,22 (b) (intro.) As a condition of receiving financial assistance under this section and s. 281.58, a municipality the clean water fund program or the safe drinking water loan program, an applicant shall do all of the following:

AB188,28,24 1. Pledge the security, if any, required by the rules promulgated by the department of administration under this section and s. 281.58 or 281.61.

AB188, s. 102 Section 102. 281.59 (11) of the statutes is amended to read:

AB188,29,6 281.59 (11) Financial assistance payments. (a) The department of natural resources and the department of administration may enter into a financial assistance agreement with a municipality an applicant for which the department of administration has allocated subsidy under s. 281.58 (9m) or 281.61 (8) if the municipality applicant meets the conditions under sub. (9) and s. 281.58 (14) and the other requirements under this section and s. 281.58 or 281.61.

AB188,29,10 (am) The department of administration shall make the financial assistance payments to a municipality which an applicant that has entered into a financial assistance agreement under par. (a) or to the municipality's applicant's designated agent.

AB188,29,19 (b) If a municipality fails to make a principal repayment or interest payment after its due date, the department of administration shall place on file a certified statement of all amounts due under this section and s. 281.58 or 281.61. After consulting the department, the department of administration may collect all amounts due by deducting those amounts from any state payments due the municipality or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of that action.

AB188,29,24 (c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 281.58 or 281.61 and that the conditions of the financial assistance agreement are met.

AB188, s. 103 Section 103. 281.59 (13m) of the statutes is amended to read:

AB188,30,16 281.59 (13m) Legislative moral obligation. The building commission may, at the time the loan is made, by resolution designate a loan made under this section and s. 281.58 the clean water fund program as one to which this subsection applies. If at any time the payments received or expected to be received from a municipality on any loan so designated are pledged to secure revenue obligations of the state issued pursuant to subch. II of ch. 18 and are insufficient to pay when due principal of and interest on such loan, the department of administration shall certify the amount of such insufficiency to the secretary of administration, the governor and the joint committee on finance. If the certification is received by the secretary of administration in an even-numbered year before the completion of the budget under s. 16.43, the secretary of administration shall include the certified amount in the budget compilation. In any event, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so requested for the purpose of payment of the revenue obligation secured thereby. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make the appropriation.

AB188, s. 104 Section 104. 281.59 (13s) of the statutes is amended to read:

AB188,30,20 281.59 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and s. 281.58 the clean water fund program and the safe drinking water loan program.

AB188, s. 105 Section 105. 281.59 (14) of the statutes is amended to read:

AB188,30,24 281.59 (14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under s. ss. 281.58 and 281.61.

AB188, s. 106 Section 106. 281.61 of the statutes is created to read:

AB188,31,1 281.61 Safe drinking water loan program. (1) Definitions. In this section:

AB188,31,4 (a) "Local governmental unit" means a city, village, town, county, town sanitary district, public inland lake protection and rehabilitation district or municipal water district.

AB188,31,7 (b) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by this state to fund a loan or portion of a loan for a clean water fund program project under s. 281.58.

AB188,31,11 (c) "Public water system" means a water system providing piped water to the public for human consumption if the water system has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days each year.

AB188,31,13 (d) "Safe drinking water loan program" means the program administered under this section, with financial management provided under s. 281.59.

AB188,31,19 (2) General. The department and the department of administration shall administer a program to provide financial assistance to local governmental units for projects for the planning, designing, construction or modification of public water systems, if the projects will facilitate compliance with national primary drinking water regulations under 42 USC 300g-1 or otherwise significantly further the health protection objectives of the Safe Drinking Water Act, 42 USC 300f to 300j-26.

AB188,32,2 (2g) Ineligible projects. A local governmental unit is not eligible for financial assistance under this section if the local governmental unit does not have the technical, managerial or financial capacity to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, or the public water system operated by the local governmental unit is in significant noncompliance with any requirement of a primary drinking water regulation or variance under 42 USC 300g-1 unless the financial assistance will ensure compliance with the Safe Drinking Water Act.

AB188,32,5 (2r) Methods of providing financial assistance. The following methods of providing financial assistance may be used under the safe drinking water loan program:

AB188,32,7 (a) Making loans below the market interest rate for projects described in sub. (2).

AB188,32,10 (b) Purchasing or refinancing the obligation of a local governmental unit if the obligation was incurred to finance the cost of a project described in sub. (2) and the obligation was initially incurred after July 1, 1993.

AB188,32,13 (c) Guaranteeing, or purchasing insurance for, obligations incurred to finance the cost of projects described in sub. (2) if the guarantee or insurance will provide credit market access or reduce interest rates.

AB188,32,17 (d) Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to local governmental units under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under the safe drinking water loan program.

AB188,32,22 (3) Notice of intent to apply. (a) A local governmental unit shall submit notice of its intent to apply for financial assistance under the safe drinking water loan program at least 6 months before the beginning of the fiscal biennium in which it intends to receive the financial assistance. The notice shall be in a form prescribed by the department and the department of administration.

AB188,32,25 (b) If a local governmental unit does not apply for financial assistance by April 30 of the 2nd year following the year in which it submitted notice under par. (a), the local governmental unit shall submit a new notice under par. (a).

AB188,33,2 (c) The department may waive par. (a) or (b) upon the written request of a local governmental unit.

AB188,33,5 (4) Engineering report. A local governmental unit seeking financial assistance for a project under this section shall submit an engineering report, as required by the department by rule.

AB188,33,14 (5) Application. After the department approves a local governmental unit's engineering report submitted under sub. (4), the local governmental unit shall submit an application for safe drinking water financial assistance to the department. The applicant shall submit the application before the April 30 preceding the beginning of the fiscal year in which the applicant wishes to receive the financial assistance. The application shall be in the form and include the information required by the department and the department of administration and shall include plans and specifications that are approvable by the department under this section. An applicant may not submit more than one application per project per year.

AB188,33,21 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist local governmental units that are most in need on a per household basis, according to affordability criteria specified in the rules.

AB188,33,23 (7) Approval of application. The department shall approve an application received under sub. (5) after all of the following occur:

AB188,33,24 (a) The project is ranked on the priority list under sub. (6).

AB188,34,2 (b) The department determines that the project meets the eligibility requirements under this section.

AB188,34,4 (c) The department of administration determines that the local governmental unit will meet the requirements of s. 281.59 (9) (b).

AB188,34,6 (d) The legislature has approved an amount under s. 281.59 (3s) (b) 1. for the biennium.

AB188,34,13 (8) Funding list; allocation of funding. (a) The department shall establish a funding list for each fiscal year that ranks projects of local governmental units that submit approvable applications under sub. (5) in the same order that they appear on the priority list under sub. (6). If sufficient funds are not available to fund all approved applications for financial assistance, the department of administration shall allocate funding to projects that are approved under sub. (7) in the order that they appear on the funding list, except as follows:

AB188,34,17 1. The department of administration shall allocate to projects for public water systems that regularly serve fewer than 10,000 persons 15% of the available funds in each fiscal year or such lesser amount that fully funds the eligible projects for those public water systems.

AB188,34,19 2. In any biennium, no local governmental unit may receive more than 25% of the amount established under s. 281.59 (3s) (b) for that biennium.

AB188,34,22 (b) In allocating subsidy under this subsection, the department of administration shall adhere to the amount approved by the legislature for each biennium under s. 281.59 (3s) (b).

AB188,34,25 (8m) Conditions of financial assistance. As a condition of receiving financial assistance under the safe drinking water loan program, a local governmental unit shall do all of the following:

AB188,35,2 (a) Establish a dedicated source of revenue for the repayment of the financial assistance.

AB188,35,5 (b) Comply with those provisions of 42 USC 300f to 300j-26 and this chapter and the regulations and rules promulgated under those provisions that the department specifies.

AB188,35,7 (c) Develop and adopt a program of water conservation as required by the department.

AB188,35,10 (d) Develop and adopt a program of systemwide operation and maintenance of the public water system, including the training of personnel, as required by the department.

AB188,35,11 (e) Develop and adopt a user fee system.

AB188,35,19 (9) Financial assistance commitments. The department and the department of administration may, at the request of a local governmental unit, issue a notice of financial assistance commitment after the local governmental unit's application for safe drinking water financial assistance has been approved under sub. (7) and funding has been allocated under sub. (8) for the local governmental unit's project. The notice of financial assistance commitment shall specify the conditions that the local governmental unit must meet to secure financial assistance and shall include the estimated repayment schedules and other terms of the financial assistance.

AB188,35,23 (10) Deadline for closing. If funding is allocated to a project under sub. (8) for a loan and the loan is not closed before April 30 of the year following the year in which funding is allocated, the department of administration shall release the funding allocated to the project.

AB188,35,25 (11) Loan interest rates. (a) Except as provided under par. (b), the interest rate on a safe drinking water loan program loan shall be as follows:

AB188,36,2 1. For a local governmental unit that does not meet financial eligibility criteria established by the department by rule, 55% of market interest rate.

AB188,36,4 2. For a local governmental unit that meets financial eligibility criteria established by the department by rule, 33% of market interest rate.

AB188,36,7 (b) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rate under par. (a) 1. or 2.

AB188,36,8 (12) Duties of the department. The department shall do all of the following:

AB188,36,10 (a) Promulgate rules establishing eligibility criteria for applicants and projects under this section.

AB188,36,12 (b) Promulgate rules that are necessary for the execution of its responsibilities under the safe drinking water loan program.

AB188,36,14 (c) Cooperate with the department of administration in administering the safe drinking water loan program.

AB188,36,17 (d) By May 1 of each even-numbered year, prepare and submit to the department of administration a biennial needs list that includes all of the following information:

AB188,36,20 1. A list of drinking water projects that the department estimates will apply for financial assistance under the safe drinking water loan program during the next biennium.

AB188,36,22 2. The estimated cost and estimated construction schedule of each project on the list, and the total of the estimated costs of all projects on the list.

AB188,36,23 3. The estimated rank of each project on the priority list under sub. (6).

AB188,36,25 (e) Submit a biennial budget request under s. 16.42 for the safe drinking water loan program.

AB188,37,2 (f) Have the lead state role with the federal environmental protection agency concerning the safe drinking water loan program.

AB188,37,5 (g) Have the lead state role with local governmental units in providing safe drinking water loan program information, and cooperate with the department of administration in providing that information to local governmental units.

AB188,37,8 (h) Inspect periodically safe drinking water loan program project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of the safe drinking water loan program.

AB188,37,11 (13) Capitalization grant. The department may enter into an agreement under 42 USC 300j-12 (a), with the federal environmental protection agency to receive a capitalization grant for the safe drinking water loan program.

AB188,37,12 (End)