AB188: Bill Text

RCT:mfd:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 188

March 13, 1997 - Introduced by Representative Schneider, cosponsored by Senator Shibilski. Referred to Committee on Natural Resources.

AB188,2,11 An Act to repeal 281.59 (3) (a) 4.; to renumber 281.59 (1) (a); to renumber and amend 281.59 (3) (c), (d), (dm), (e), (f) and (i); to amend 13.101 (11), 13.48 (26), 18.06 (9), 18.57 (3), 20.320 (intro.), 20.320 (1) (title), 20.320 (1) (a), 20.320 (1) (c), 20.320 (1) (q), 20.320 (1) (r), 20.320 (1) (s), 20.320 (1) (t), 20.320 (1) (u), 20.370 (2) (mt), 20.370 (2) (mx), 20.370 (6) (mu), 20.370 (6) (mx), 20.370 (8) (mr), 20.505 (1) (v), 20.505 (1) (x), 20.536 (1) (ka), 20.866 (1) (u), 20.866 (2) (tc), 25.17 (2) (d), 25.43 (title) and (1) (intro.), 25.43 (1) (b), 25.43 (1) (c), 25.43 (1) (d), 25.43 (1) (e), 25.43 (1) (f), 25.43 (2) (a), 25.43 (2) (b), 25.43 (2) (c), 25.43 (3), 66.36 (intro.), 281.58 (1) (cg), 281.58 (2m) (a), 281.58 (3m) (a), 281.58 (6) (a) (intro.), 281.58 (6) (b) (intro.), 281.58 (6) (b) 8., 281.58 (7) (a), 281.58 (7) (b) (intro.), 281.58 (8) (a) (intro.), 281.58 (8) (d), 281.58 (8) (g), 281.58 (8) (i), 281.58 (8) (L) (intro.), 281.58 (9) (a), 281.58 (9) (b), 281.58 (9) (c), 281.58 (9) (e), 281.58 (9) (f), 281.58 (9m) (c), 281.58 (9m) (e), 281.58 (9m) (f) (intro.), 281.58 (9m) (g), 281.58 (12) (a) (intro.), 281.58 (12) (c) 1., 281.58 (13) (b) (intro.), 281.58 (13m), 281.58 (14) (b) (intro.), 281.59 (title), 281.59 (1) (b), 281.59 (1) (d), 281.59 (2) (a), 281.59 (2) (b), 281.59 (2) (c), 281.59 (2m) (title), 281.59 (2m) (a) 1., 281.59 (2m) (b) 1., 281.59 (2m) (b) 2., 281.59 (3) (a) 1., 281.59 (3) (a) 2., 281.59 (3) (a) 5., 281.59 (3) (a) 6., 281.59 (3) (a) 7., 281.59 (3) (a) 8., 281.59 (3) (b), 281.59 (3) (j), 281.59 (4) (am), 281.59 (4) (c), 281.59 (9) (a), (am) and (b) (intro.) and 1., 281.59 (11), 281.59 (13m), 281.59 (13s) and 281.59 (14); and to create 20.320 (2), 20.370 (2) (mz), 20.370 (6) (my), 20.505 (1) (y), 20.866 (2) (td), 25.43 (1) (am), 25.43 (1) (bm), 25.43 (2) (am), 281.58 (1) (ai), 281.59 (1) (ag), 281.59 (1) (cm), 281.59 (1m), 281.59 (3) (a) 6m., 281.59 (3e) (title), 281.59 (3s) and 281.61 of the statutes; relating to: a safe drinking water loan program, granting bonding authority, granting rule-making authority and making appropriations.

Analysis by the Legislative Reference Bureau

The federal Safe Drinking Water Act was amended in 1996 to provide funding for states for revolving loan programs to fund projects that will facilitate compliance with national drinking water regulations or otherwise further the health protection objectives of the Safe Drinking Water Act.

This bill requires the department of natural resources (DNR) and the department of administration (DOA) to administer a safe drinking water loan program under which this state accepts the federal funding made available under the Safe Drinking Water Act, issues general obligation bonds to provide the required state matching funds and makes loans to local governmental units for projects to protect or improve drinking water quality. The loans are at 55% of market interest rate for most local governmental units and at 33% of market interest rate for local governmental units that meet financial eligibility criteria established by DNR, except that the joint committee on finance may change the interest rates at the request of DNR and DOA. DNR will establish funding lists for eligible projects, with priority given to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act and that assist local governmental units that are most in need on a per household basis.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB188, s. 1 Section 1. 13.101 (11) of the statutes is amended to read:

AB188,3,4 13.101 (11) The committee may approve a clean water fund program interest rate change as specified under s. 281.58 (12) (f) or a safe drinking water loan program interest rate change as specified under s. 281.61 (11) (b).

AB188, s. 2 Section 2. 13.48 (26) of the statutes is amended to read:

AB188,4,8 13.48 (26) (title) Clean water Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the clean water environmental improvement fund in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program and the safe drinking water loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program and the safe drinking water loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 281.59 (3) (c) (3e) (a) and (3s) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

AB188, s. 3 Section 3. 18.06 (9) of the statutes is amended to read:

AB188,4,14 18.06 (9) (title) Clean water fund program bonds. Notwithstanding sub. (4), the sale of bonds under this subchapter to provide revenue for the clean water fund program may be a private sale to the clean water environmental improvement fund under s. 25.43, if the bonds sold are held or owned by the clean water environmental improvement fund, or a public sale, as provided in the authorizing resolution.

AB188, s. 4 Section 4. 18.57 (3) of the statutes is amended to read:

AB188,4,23 18.57 (3) Moneys in such funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dg) or in clean water environmental improvement fund investment instruments permitted in s. 281.59 (2m). All such investments shall be the exclusive property of such fund and all earnings on or income from investments shall be credited to such fund and shall become available for any of the purposes under sub. (2) and for the payment of interest on related revenue obligations.

AB188, s. 5 Section 5. 20.320 (intro.) of the statutes is amended to read:

AB188,5,3 20.320 (title) Clean water fund Environmental improvement program. (intro.) There is appropriated for the clean water fund environmental improvement program:

AB188, s. 6 Section 6. 20.320 (1) (title) of the statutes is amended to read:

AB188,5,5 20.320 (1) (title) Clean water fund program operations.

AB188, s. 7 Section 7. 20.320 (1) (a) of the statutes is amended to read:

AB188,5,9 20.320 (1) (a) (title) Environmental aids — clean water fund program. The amounts in the schedule to be paid into the environmental improvement fund for the clean water fund program under s. 281.58.

AB188, s. 8 Section 8. 20.320 (1) (c) of the statutes is amended to read:

AB188,5,15 20.320 (1) (c) (title) Principal repayment and interest — clean water fund program. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the clean water environmental improvement fund for the purposes specified in s. 25.43 (3) of the clean water fund program under s. 281.58.

AB188, s. 9 Section 9. 20.320 (1) (q) of the statutes is amended to read:

AB188,5,25 20.320 (1) (q) (title) Clean water fund program revenue obligation funding. As a continuing appropriation, all proceeds from revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 281.59 (4) and deposited in the fund in the state treasury created under s. 18.57 (1), providing for reserves and for expenses of issuance and management of the revenue obligations, and the remainder to be transferred to the clean water environmental improvement fund for the purposes specified in s. 25.43 (3) of the clean water fund program under s. 281.58. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB188, s. 10 Section 10. 20.320 (1) (r) of the statutes is amended to read:

AB188,6,6 20.320 (1) (r) (title) Clean water fund program repayment of revenue obligations. From the clean water environmental improvement fund, a sum sufficient to repay the fund in the state treasury created under s. 18.57 (1) the amount needed to retire revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 281.59 (4).

AB188, s. 11 Section 11. 20.320 (1) (s) of the statutes is amended to read:

AB188,6,13 20.320 (1) (s) (title) Clean water fund program financial assistance. From the clean water environmental improvement fund, a sum sufficient for the purposes of ss. 25.43, providing clean water fund program financial assistance under s. 281.58 and 281.59, other than general program operations specified under s. 20.370 (2) (mt) or (mx) or 20.505 (1) (v) or (x) and other than administration of ss. 25.43, 281.58 and 281.59.

AB188, s. 12 Section 12. 20.320 (1) (t) of the statutes is amended to read:

AB188,6,23 20.320 (1) (t) (title) Principal repayment and interest — clean water fund program bonds. From the clean water environmental improvement fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the clean water environmental improvement fund for the purposes specified in s. 25.43 (3) of the clean water fund program under s. 281.58. Fifty percent of all moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 and 144.2415 s. 281.58 the revenues of which have not been pledged to secure revenue obligations shall be credited to this appropriation account.

AB188, s. 13 Section 13. 20.320 (1) (u) of the statutes is amended to read:

AB188,7,10 20.320 (1) (u) (title) Principal repayment and interest — clean water fund program revenue obligation repayment. From the fund in the state treasury created under s. 18.57 (1), all moneys received by the fund and not transferred under s. 281.59 (4) (c) to the clean water environmental improvement fund, for the purpose of the retirement of revenue obligations, providing for reserves and for operations relating to the management and retirement of revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 281.59 (4). All moneys received are irrevocably appropriated in accordance with subch. II of ch. 18 and further established in resolutions authorizing the issuance of the revenue obligations and setting forth the distribution of funds to be received thereafter.

AB188, s. 14 Section 14. 20.320 (2) of the statutes is created to read:

AB188,7,15 20.320 (2) Safe drinking water loan program operations. (c) Principal repayment and interest — safe drinking water loan program. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the safe drinking water loan program under s. 20.866 (2) (td).

AB188,7,18 (s) Safe drinking water loan program financial assistance. From the environmental improvement fund, a sum sufficient for financial assistance under the safe drinking water loan program under s. 281.61.

AB188,7,24 (x) Safe drinking water loan program financial assistance; federal. From the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, all moneys received from the federal government to provide financial assistance under the safe drinking water loan program under s. 281.61, as authorized by the governor under s. 16.54, for financial assistance under the safe drinking water loan program under s. 281.61.

AB188, s. 15 Section 15. 20.370 (2) (mt) of the statutes is amended to read:

AB188,8,4 20.370 (2) (mt) (title) General program operations — clean water fund program environmental improvement programs; state funds. From the clean water environmental improvement fund, the amounts in the schedule for general program operations under s. 281.58 or, 281.59 or 281.61.

AB188, s. 16 Section 16. 20.370 (2) (mx) of the statutes is amended to read:

AB188,8,10 20.370 (2) (mx) General program operations — clean water fund program; federal funds. As a continuing appropriation, from the clean water fund program federal revolving loan fund account in the clean water environmental improvement fund, the amounts in the schedule for general program operations of the clean water fund program under s. 281.58 or 281.59.

AB188, s. 17 Section 17. 20.370 (2) (mz) of the statutes is created to read:

AB188,8,16 20.370 (2) (mz) General program operations — safe drinking water loan programs; federal funds. As a continuing appropriation, from the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, the amounts in the schedule for general program operations of the safe drinking water loan program under s. 281.59 or 281.61.

AB188, s. 18 Section 18. 20.370 (6) (mu) of the statutes is amended to read:

AB188,8,21 20.370 (6) (mu) (title) Aids administration — clean water fund program environmental improvement programs; state funds. From the clean water environmental improvement fund, the amounts in the schedule for the administration of s. ss. 281.58 and 281.61.

AB188, s. 19 Section 19. 20.370 (6) (mx) of the statutes is amended to read:

AB188,9,3 20.370 (6) (mx) Aids administration — clean water fund program; federal funds. From the clean water fund program federal revolving loan fund account in the clean water environmental improvement fund, all moneys received from the federal government to administer the clean water fund program, as authorized by the governor under s. 16.54, for the administration of the clean water fund program under s. 281.58 or 281.59.

AB188, s. 20 Section 20. 20.370 (6) (my) of the statutes is created to read:

AB188,9,10 20.370 (6) (my) Aids administration — safe drinking water loan program; federal funds. From the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, all moneys received from the federal government to administer the safe drinking water loan program, as authorized by the governor under s. 16.54, for the administration of the safe drinking water loan program under s. 281.59 or 281.61.

AB188, s. 21 Section 21. 20.370 (8) (mr) of the statutes is amended to read:

AB188,9,15 20.370 (8) (mr) (title) General program operations — clean water environmental improvement fund. From the clean water environmental improvement fund, the amounts in the schedule for the general administration and field administration of the department.

AB188, s. 22 Section 22. 20.505 (1) (v) of the statutes is amended to read:

AB188,9,20 20.505 (1) (v) (title) General program operations — clean water fund program environmental improvement programs; state funds. From the clean water environmental improvement fund, the amounts in the schedule for general program operations under s. 281.58 or, 281.59 or 281.61.

AB188, s. 23 Section 23. 20.505 (1) (x) of the statutes is amended to read:

AB188,9,24 20.505 (1) (x) General program operations — clean water fund program; federal funds. As a continuing appropriation, from the clean water fund program federal revolving loan fund account in the clean water environmental improvement fund, the amounts in the schedule for general program operations of the clean water fund program under s. 281.58 or 281.59.

AB188, s. 24 Section 24. 20.505 (1) (y) of the statutes is created to read:

AB188,10,8 20.505 (1) (y) General program operations — safe drinking water loan program; federal funds. As a continuing appropriation, from the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, the amounts in the schedule for general program operations of the safe drinking water loan program under s. 281.59 or 281.61.

AB188, s. 25 Section 25. 20.536 (1) (ka) of the statutes is amended to read:

AB188,10,13 20.536 (1) (ka) (title) General program operations; clean water environmental improvement fund. All moneys received for providing services to the department of administration or the department of natural resources in administering ss. 25.43, 281.58 and, 281.59 and 281.61, for general program operations.

AB188, s. 26 Section 26. 20.866 (1) (u) of the statutes is amended to read:

AB188,10,23 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.190 (1) (c), (i) and (j), 20.225 (1) (c), 20.245 (1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.285 (1) (d), (db), (fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (aq), (ar), (at), (ba), (ca), (cb), (cc), (cd), (ea) and (eq), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and (ko) and (3) (e), 20.435 (2) (ee) and (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go) and (3) (t), 20.505 (5) (g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and (q) for the payment of principal and interest on public debt contracted under subchs. I and IV of ch. 18.

AB188, s. 27 Section 27. 20.866 (2) (tc) of the statutes is amended to read:

AB188,11,8 20.866 (2) (tc) (title) Clean water fund program. From the capital improvement fund, a sum sufficient to be transferred to the clean water environmental improvement fund for the purposes of the clean water fund program under ss. 281.58 and 281.59. The state may contract public debt in an amount not to exceed $553,194,000 for this purpose. Of this amount, the amount needed to meet the requirements for state deposits under 33 USC 1382 is allocated for those deposits. Of this amount, $8,250,000 is allocated to fund the minority business development and training program under s. 66.905 (2) (b).

AB188, s. 28 Section 28. 20.866 (2) (td) of the statutes is created to read:

AB188,11,14 20.866 (2) (td) Safe drinking water loan program. From the capital improvement fund, a sum sufficient to be transferred to the environmental improvement fund for the safe drinking water loan program under s. 281.61. The state may contract public debt in an amount not to exceed $22,000,000 for this purpose.

AB188, s. 29 Section 29. 25.17 (2) (d) of the statutes is amended to read:

AB188,11,22 25.17 (2) (d) Invest the clean water environmental improvement fund, and collect the principal and interest of all moneys loaned or invested from the clean water environmental improvement fund, as directed by the department of administration under s. 281.59 (2m). In making such investment, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent investment of the fund, including those set forth under ch. 881.

AB188, s. 30 Section 30. 25.43 (title) and (1) (intro.) of the statutes are amended to read:

AB188,12,3 25.43 (title) Clean water Environmental improvement fund. (1) (intro.) There is established a separate nonlapsible trust fund designated as the clean water environmental improvement fund, to consist of all of the following:

AB188, s. 31 Section 31. 25.43 (1) (am) of the statutes is created to read:

AB188,12,6 25.43 (1) (am) All capitalization grants provided by the federal government under 42 USC 300j-12.

AB188, s. 32 Section 32. 25.43 (1) (b) of the statutes is amended to read:

AB188,12,10 25.43 (1) (b) All state funds appropriated or transferred to the clean water environmental improvement fund to meet the requirements for state deposits under 33 USC 1382.

AB188, s. 33 Section 33. 25.43 (1) (bm) of the statutes is created to read:

AB188,12,14 25.43 (1) (bm) All state funds appropriated or transferred to the environmental improvement fund to meet the requirements for state deposits under 42 USC 300j-12.

AB188, s. 34 Section 34. 25.43 (1) (c) of the statutes is amended to read: