Wisconsin Legislature: 9,2511g

281.59 (3s) (b) 1. Equal to $21,000,000 $12,600,000 during the 1997-99 1999-01 biennium.

2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

9,2509m Section 2509m. 281.59 (3v) of the statutes is created to read:

281.59 (3v) Urban storm water loan program expenditures. (a) No moneys may be expended for the urban storm 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:

1. An amount of present value of the subsidy for the urban storm 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) 6s.

2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state may contract for the purposes of the urban storm water loan program.

(b) The amount of present value of the subsidy for the urban storm water loan program that is approved by the legislature under this paragraph is as follows:

1. Equal to $4,500,000 during the 1999-01 biennium.

2. Equal to $1,000 for any biennium after the 1999-01 biennium.

(c) The department of administration may allocate amounts approved under par. (b) as the present value of subsidies for financial assistance under the urban storm water loan program.

(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 urban storm 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) 6s.

9,2509p Section 2509p. 281.59 (4) (a) of the statutes is amended to read:

281.59 (4) (a) The clean water fund program is a, the urban storm water loan program and the safe drinking water loan program are revenue-producing enterprise or program enterprises or programs, as defined in s. 18.52 (6).

9,2509q Section 2509q. 281.59 (4) (am) of the statutes is amended to read:

281.59 (4) (am) Deposits, appropriations or transfers to the environmental improvement fund for the purposes of the clean water fund program, the urban storm water loan program or the safe drinking water loan 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.

9,2510 Section 2510. 281.59 (4) (b) of the statutes is amended to read:

281.59 (4) (b) The department of administration may, under s. 18.56 (5) and (9) (j) 18.561 or 18.562, deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

9,2510d Section 2510d. 281.59 (4) (c) of the statutes is amended to read:

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 environmental improvement fund to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the 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 of the clean water fund program or the urban storm water loan program plus the amounts required to be paid under s. 20.320 (2) (c) and (u) for the safe drinking water loan program. The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the environmental improvement fund and that the transferred amounts are free of any prior pledge.

9,2510m Section 2510m. 281.59 (4) (f) of the statutes is amended to read:

281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and the urban storm water loan program shall not exceed $1,297,755,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. Revenue obligations issued under this subsection for the safe drinking water loan program shall not exceed $27,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

9,2511 Section 2511. 281.59 (9) (a) of the statutes is amended to read:

281.59 (9) (a) A loan approved under the clean water fund program, the safe drinking water loan program , the urban storm water loan program or the land recycling 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 financial assistance agreement, 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.

9,2511c Section 2511c. 281.59 (9) (am) of the statutes is amended to read:

281.59 (9) (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, 281.595, 281.60 or 281.61. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation and the applicant's creditworthiness.

9,2511e Section 2511e. 281.59 (9) (b) (intro.) of the statutes is amended to read:

281.59 (9) (b) (intro.) As a condition of receiving financial assistance under the clean water fund program, the safe drinking water loan program, the urban storm water loan program or the land recycling loan program, an applicant shall do all of the following:

9,2511f Section 2511f. 281.59 (9) (b) 1. of the statutes is amended to read:

281.59 (9) (b) 1. Pledge the security, if any, required by the rules promulgated by the department of administration under this section and s. 281.58, 281.595, 281.60 or 281.61.

9,2511g Section 2511g. 281.59 (11) (a) of the statutes is amended to read:

281.59 (11) (a) The department of natural resources and the department of administration may enter into a financial assistance agreement with an applicant for which the department of administration has allocated subsidy under s. 281.58 (9m), 281.595 (8), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under sub. (9) and the other requirements under this section and s. 281.58, 281.595, 281.60 or 281.61.

9,2511i Section 2511i. 281.59 (11) (b) of the statutes is amended to read:

281.59 (11) (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, 281.595, 281.60 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.

9,2511k Section 2511k. 281.59 (11) (c) of the statutes is amended to read:

281.59 (11) (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, 281.595, 281.60 or 281.61 and that the conditions of the financial assistance agreement are met.

9,2512 Section 2512. 281.59 (12) of the statutes is amended to read:

281.59 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 281.58 (6) (b) 1. or 2. and guarantee or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the department of administration and the department of natural resources approve the financial assistance under this section and s. 281.58.

9,2512e Section 2512e. 281.59 (13s) of the statutes is amended to read:

281.59 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program.

9,2512g Section 2512g. 281.59 (14) of the statutes is amended to read:

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 ss. 281.58, 281.595, 281.60 and 281.61.

9,2512j Section 2512j. 281.595 of the statutes is created to read:

281.595 Urban storm water loan program. (1) Definitions. In this section:

(a) "Local governmental unit" means a city, village, town, county, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewerage district.

(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.

(c) "Population" means population shown by the last federal census or by any subsequent population estimate under s. 16.96.

(d) "Urban area" means any of the following:

1. An area with a population of 1,000 or more per square mile.

2. An area in which the land is used for industrial or commercial land uses.

3. An area that is surrounded by an area described in subd. 1. or 2.

(e) "Urban storm water loan program" means the program administered under this section, with financial management provided under s. 281.59.

(2) General. The department and the department of administration shall administer a program to provide financial assistance to local governmental units for the planning, designing, construction or modification of nonpoint source pollution and urban storm water runoff projects in urban areas.

(2g) Ineligible uses. A local governmental unit may not use financial assistance under this section to pay any portion of the cost of a project for which financial assistance is provided under s. 281.65.

(2r) Methods of providing financial assistance. The following methods of providing financial assistance may be used under the urban storm water loan program:

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

(b) Purchasing or refinancing the obligation of a local governmental unit that was incurred to finance the cost of a project described in sub. (2).

(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.

(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 urban storm water loan program.

(3) Notice of intent to apply. (a) A local governmental unit shall submit notice of its intent to apply for financial assistance under the urban storm water loan program at least 6 months before the beginning of the fiscal year 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.

(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).

(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.

(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 urban storm 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.

(6) Priority list. The department shall establish a priority list that ranks each urban storm water loan program project. The department shall promulgate rules for determining project rankings that base project priority on the impact of a project on groundwater and surface water quality and on public health.

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

(a) The project is ranked on the priority list under sub. (6).

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

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

(d) The legislature has approved an amount under s. 281.59 (3v) (b) 1. for the biennium.

(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.

(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 (3v) (b).

(8m) Conditions of financial assistance. As a condition of receiving financial assistance under the urban storm water loan program, a local governmental unit shall do all of the following:

(a) Establish a dedicated source of revenue for the repayment of the financial assistance.

(b) Comply with those provisions of 33 USC 1381 to 1387 and this chapter and ch. 283 and the regulations and rules promulgated under those provisions that the department specifies.

(c) Develop and adopt a program for the operation and maintenance of the nonpoint source pollution or storm water project, including the training of personnel, as required by the department.

(8s) Ineligibility for and limitation on financial assistance. (a) A person or municipality that has failed to substantially comply, as specified by the rules promulgated under sub. (12), with the terms of a federal or state grant or loan used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program is not eligible for financial assistance from the urban storm water loan program.

(b) The amount of a payment under sub. (2r) (d) may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the local governmental unit under sub. (2r) (a).

(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 urban storm 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.

(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.

(11) Loan interest rates. (a) Except as provided under par. (b), the interest rate on an urban storm water loan program loan shall be 55% of market interest rate.

(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 under par. (a).

(11m) Service fee. The department and the department of administration may jointly charge and collect an annual service fee for reviewing and acting upon urban storm water loan program applications and servicing financial assistance agreements. The fee shall be in addition to interest payments at the rate under sub. (11). The department and the department of administration shall specify any fee in the biennial finance plan and shall design the fee to cover the costs of reviewing and acting upon urban storm water loan program applications and servicing financial assistance agreements.

(12) Duties of the department. The department shall do all of the following:

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

(b) Promulgate rules that are necessary for the execution of its responsibilities under the urban storm water loan program.

(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:

1. A list of urban storm water projects that the department estimates will apply for financial assistance under the urban storm water loan program during the next biennium.

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.