AB188: Bill Text

AB188,17,2 281.58 (8) (L) (intro.) The total amount of capital cost loans made under this section and s. 281.59 the clean water fund program may not exceed $120,000,000, and no capital cost loan funds may be released under this section and s. 281.59 the clean water fund program until the secretary of administration has found in writing that all of the following facts have occurred:

AB188, s. 58 Section 58. 281.58 (9) (a) of the statutes is amended to read:

AB188,17,12 281.58 (9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the clean water fund program under this section and s. 281.59. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

AB188, s. 59 Section 59. 281.58 (9) (b) of the statutes is amended to read:

AB188,17,17 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 281.59 the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

AB188, s. 60 Section 60. 281.58 (9) (c) of the statutes is amended to read:

AB188,17,22 281.58 (9) (c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under this section and s. 281.59 the clean water fund program.

AB188, s. 61 Section 61. 281.58 (9) (e) of the statutes is amended to read:

AB188,18,8 281.58 (9) (e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

AB188, s. 62 Section 62. 281.58 (9) (f) of the statutes is amended to read:

AB188,18,11 281.58 (9) (f) The fees collected under par. (d) shall be credited to the clean water environmental improvement fund.

AB188, s. 63 Section 63. 281.58 (9m) (c) of the statutes is amended to read:

AB188,18,15 281.58 (9m) (c) The department may approve an application under par. (a) in a year only after the amount under s. 281.59 (3) (d) (3e) (b) for the biennium in which that year falls has been approved by the legislature under s. 281.59 (3) (d) (3e) (b).

AB188, s. 64 Section 64. 281.58 (9m) (e) of the statutes is amended to read:

AB188,18,21 281.58 (9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy is available under s. 281.59 (3) (d) (3e) (b) for the municipality's project, based on the calculation under s. 281.59 (3) (i) (3e) (f), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

AB188,18,25 2. If a sufficient amount of subsidy is not available under s. 281.59 (3) (d) (3e) (b) for the municipality's project when the department approves the application under subd. 1., the department shall place the project on a list for allocation when additional subsidy becomes available.

AB188, s. 65 Section 65. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

AB188,19,7 281.58 (9m) (f) (intro.) If the amount approved under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., all of the following apply:

AB188, s. 66 Section 66. 281.58 (9m) (g) of the statutes is amended to read:

AB188,19,11 281.58 (9m) (g) 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 (3) (d) (3e) (b).

AB188, s. 67 Section 67. 281.58 (12) (a) (intro.) of the statutes is amended to read:

AB188,19,16 281.58 (12) (a) (intro.) The types of projects for which municipalities may receive loans under this section and s. 281.59 the clean water fund program shall be classified as follows for the purpose of setting the percentage of market interest rates on loans funding such projects:

AB188, s. 68 Section 68. 281.58 (12) (c) 1. of the statutes is amended to read:

AB188,19,21 281.58 (12) (c) 1. The percentage of market interest rates established shall, to the extent possible, fully allocate the amount of public debt authorized under s. 20.866 (2) (tc), the amount authorized under s. 281.59 (3) (d) (3e) (b) and the amount of revenue obligations authorized under s. 281.59 (4) (f).

AB188, s. 69 Section 69. 281.58 (13) (b) (intro.) of the statutes is amended to read:

AB188,20,2 281.58 (13) (b) (intro.) A municipality with an application that is approved under sub. (9m) is eligible for financial hardship assistance for the project costs that are eligible under this section and s. 281.59 the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB188, s. 70 Section 70. 281.58 (13m) of the statutes is amended to read:

AB188,20,8 281.58 (13m) Minority business development and training program. (a) The department shall make grants to projects that are eligible for financial assistance under this section and s. 281.59 the clean water fund program and that are identified as being part of the minority business development and training program under s. 66.905 (2) (b).

AB188,20,13 (b) Grants provided under this subsection are not included for the purposes of determining under sub. (8) (i) the amount that a municipality may receive for projects under this section and s. 281.59 the clean water fund program. Grants awarded under this subsection are not considered for the purposes of sub. (9m) (e) or s. 281.59 (3) (d) (3e) (b).

AB188, s. 71 Section 71. 281.58 (14) (b) (intro.) of the statutes is amended to read:

AB188,20,17 281.58 (14) (b) (intro.) As a condition of receiving financial assistance under this section and s. 281.59 the clean water fund program, a municipality shall do all of the following:

AB188, s. 72 Section 72. 281.59 (title) of the statutes is amended to read:

AB188,20,20 281.59 (title) Clean water Environmental improvement fund program; financial management.

AB188, s. 73 Section 73. 281.59 (1) (a) of the statutes is renumbered 281.59 (1) (am).

AB188, s. 74 Section 74. 281.59 (1) (ag) of the statutes is created to read:

AB188,20,24 281.59 (1) (ag) "Clean water fund program" means the program administered under s. 281.58, with financial management provided under this section.

AB188, s. 75 Section 75. 281.59 (1) (b) of the statutes is amended to read:

AB188,21,4 281.59 (1) (b) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 281.58 for a project under the clean water fund program.

AB188, s. 76 Section 76. 281.59 (1) (cm) of the statutes is created to read:

AB188,21,8 281.59 (1) (cm) "Safe drinking water loan program" means the program administered under s. 281.61, with financial management provided under this section.

AB188, s. 77 Section 77. 281.59 (1) (d) of the statutes is amended to read:

AB188,21,13 281.59 (1) (d) "Subsidy" means the amounts provided by the clean water from the environmental improvement fund to clean water fund program and safe drinking water loan program projects receiving financial assistance under this section and s. 281.58 for the following purposes:

AB188,21,15 1. To reduce the interest rate of clean water fund program and safe drinking water loan program loans from market rate to a subsidized rate.

AB188,21,17 2. To For the clean water fund program only, to provide for financial hardship assistance, including grants.

AB188, s. 78 Section 78. 281.59 (1m) of the statutes is created to read:

AB188,21,21 281.59 (1m) Establishment of programs. (a) There is established a clean water fund program, administered under s. 281.58, with financial management provided under this section.

AB188,21,23 (b) There is established a safe drinking water loan program, administered under s. 281.61, with financial management provided under this section.

AB188, s. 79 Section 79. 281.59 (2) (a) of the statutes is amended to read:

AB188,22,2 281.59 (2) (a) Administer its responsibilities under this section and s. ss. 281.58 and 281.61.

AB188, s. 80 Section 80. 281.59 (2) (b) of the statutes is amended to read:

AB188,22,5 281.59 (2) (b) Cooperate with the department in administering the clean water fund program and the safe drinking water loan program.

AB188, s. 81 Section 81. 281.59 (2) (c) of the statutes is amended to read:

AB188,22,9 281.59 (2) (c) Accept and hold any letter of credit from the federal government through which the state receives federal capitalization grant payments and disbursements to the clean water environmental improvement fund.

AB188, s. 82 Section 82. 281.59 (2m) (title) of the statutes is amended to read:

AB188,22,12 281.59 (2m) (title) Investment management; clean water environmental improvement fund.

AB188, s. 83 Section 83. 281.59 (2m) (a) 1. of the statutes is amended to read:

AB188,22,17 281.59 (2m) (a) 1. Subject to par. (b), direct the investment board under s. 25.17 (2) (d) to make any investment of the clean water environmental improvement fund, or in the collection of the principal and interest of all moneys loaned or invested from such that fund.

AB188, s. 84 Section 84. 281.59 (2m) (b) 1. of the statutes is amended to read:

AB188,22,20 281.59 (2m) (b) 1. The action provides a financial benefit to the clean water environmental improvement fund.

AB188, s. 85 Section 85. 281.59 (2m) (b) 2. of the statutes is amended to read:

AB188,22,23 281.59 (2m) (b) 2. The action does not contradict or weaken the purposes of the clean water environmental improvement fund.

AB188, s. 86 Section 86. 281.59 (3) (a) 1. of the statutes is amended to read:

AB188,23,2 281.59 (3) (a) 1. An estimate of wastewater treatment and safe drinking water needs of the state for the 4 fiscal years of the next 2 biennia.

AB188, s. 87 Section 87. 281.59 (3) (a) 2. of the statutes is amended to read:

AB188,23,6 281.59 (3) (a) 2. The total amount of financial assistance planned to be provided or committed to municipalities for projects under the clean water fund program and the safe drinking water loan program during the 4 fiscal years of the next 2 biennia.

AB188, s. 88 Section 88. 281.59 (3) (a) 4. of the statutes is repealed.

AB188, s. 89 Section 89. 281.59 (3) (a) 5. of the statutes is amended to read:

AB188,23,13 281.59 (3) (a) 5. Audited financial statements of the past operations and activities of the program under this section and s. 281.58, the estimated fund capital available in each of the next 4 fiscal years, and the projected clean water fund balance for each of the next 20 years given existing obligations and financial conditions clean water fund program and the safe drinking water loan program.

AB188, s. 90 Section 90. 281.59 (3) (a) 6. of the statutes is amended to read:

AB188,23,19 281.59 (3) (a) 6. An amount equal to the estimated present value of subsidies for all clean water fund program loans and grants expected to be made for the wastewater treatment projects listed in the biennial needs list under s. 281.58 (3m), discounted at a rate of 7% per year to the first day of the biennium for which the biennial finance plan is prepared.

AB188, s. 91 Section 91. 281.59 (3) (a) 6m. of the statutes is created to read:

AB188,23,24 281.59 (3) (a) 6m. An amount equal to the estimated present value of subsidies for all loans under the safe drinking water loan program to be made during the biennium for which the biennial finance plan is prepared, discounted at a rate of 7% per year to the first day of that biennium.

AB188, s. 92 Section 92. 281.59 (3) (a) 7. of the statutes is amended to read:

AB188,24,2 281.59 (3) (a) 7. A discussion of the assumptions made in calculating the amount amounts under subd. subds. 6. and 6m.

AB188, s. 93 Section 93. 281.59 (3) (a) 8. of the statutes is amended to read:

AB188,24,5 281.59 (3) (a) 8. The amount of any service fee expected to be charged under s. 281.58 (9) (d) during the next biennium under this section to an applicant.

AB188, s. 94 Section 94. 281.59 (3) (b) of the statutes is amended to read:

AB188,24,11 281.59 (3) (b) The department of administration and the department shall consider as a guideline in preparing the portion of the biennial finance plan for the clean water fund program that all state water pollution abatement general obligation debt service costs should not exceed 50% of all general obligation debt service costs to the state.

AB188, s. 95 Section 95. 281.59 (3) (c), (d), (dm), (e), (f) and (i) of the statutes are renumbered 281.59 (3e) (a), (b), (c), (d), (e) and (f), and 281.59 (3e) (a), (b) (intro.), (c), (d), (e) and (f), as renumbered, are amended to read:

AB188,24,17 281.59 (3e) (a) No moneys from the clean water fund may be expended for the clean water fund program in a biennium until the legislature reviews and approves all of the following as part of the biennial budget act for the biennium:

AB188,24,20 1. An amount of present value of the subsidy for the clean water fund program that is specified for that biennium under par. (d) (b) and is based on the amount included in the biennial finance plan under par. sub. (3) (a) 6.

AB188,24,23 2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state may contract for the purposes of s. 281.58 and this section the clean water fund program.

AB188,24,25 3. The amount of revenue obligations, authorized under sub. (4) (f), that may be issued for the purposes specified in s. 25.43 (3) of the clean water fund program.

AB188,25,3 (b) (intro.) The amount of present value of the subsidy for the clean water fund program that is required to be specified under par. (c) (a) 1. and approved by the legislature under this paragraph is as follows:

AB188,25,11 (c) The department of administration may allocate amounts approved under par. (d) (b) as the present value of subsidies for financial assistance under this section and s. 281.58 the clean water fund program, including financial hardship assistance and assistance for the additional costs of approved projects. The department of administration may allocate amounts from the amount approved under par. (d) (b) for a biennium until December 30 of the fiscal year immediately following the biennium for projects for which complete applications under s. 281.58 (9) (a) are submitted before the end of the biennium.

AB188,25,16 (d) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 281.58 (13) (e), an amount up to 85% of the amount approved by the legislature under par. (d) (b). The department may expend such amount only from the percentage of the amount approved under par. (d) (b) that is not available under par. (f) (e) for financial hardship assistance.

AB188,25,21 (e) The department may expend, for financial hardship assistance in a biennium under s. 281.58 (13) (e), an amount up to 15% of the amount approved by the legislature under par. (d) (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (d) (b) that is not available under par. (e) (d) for financial assistance.

AB188,26,2 (f) Using the amount approved under par. (d) (b) as a base, the department of administration shall calculate the present value of the actual subsidy of each clean water fund program loan or grant to be made for those projects in each biennium that are approved for financial assistance by the 2 departments. The present value shall be discounted as provided under par. sub. (3) (a) 6.

AB188, s. 96 Section 96. 281.59 (3) (j) of the statutes is amended to read: