AB133-ASA1,1242,108
281.59
(2) (b) Cooperate with the department in administering the clean water
9fund program, the safe drinking water loan program
, the urban storm water loan
10program and the land recycling loan program.
AB133-ASA1,1242,1412
281.59
(3) (a) 1. An estimate of the wastewater treatment, safe drinking water
,
13urban storm water and land recycling project needs of the state for the 4 fiscal years
14of the next 2 biennia.
AB133-ASA1,1242,1816
281.59
(3) (a) 4. The extent to which the funding for the clean water fund
17program
, the urban storm water loan program and the safe drinking water loan
18program, in the environmental improvement fund, will be maintained in perpetuity.
AB133-ASA1,1243,320
281.59
(3) (a) 5. The most recent available audited financial statements of the
21past operations and activities of the clean water fund program, the safe drinking
22water loan program
, the urban storm water loan program and the land recycling loan
23program, the estimated environmental improvement fund capital available in each
24of the next 4 fiscal years for the clean water fund program
, the urban storm water
25loan program and the safe drinking water loan program, and the projected
1environmental improvement fund balance for the clean water fund program
, the
2urban storm water loan program and the safe drinking water loan program for each
3of the next 20 years given existing obligations and financial conditions.
AB133-ASA1,1243,85
281.59
(3) (a) 6s. An amount equal to the estimated present value of subsidies
6for all loans under the urban storm water loan program to be made during the
7biennium for which the biennial finance plan is prepared, discounted at a rate of 7%
8per year to the first day of that biennium.
AB133-ASA1,1243,1110
281.59
(3) (a) 7. A discussion of the assumptions made in calculating the
11amounts under subds. 6., 6e.
and, 6m
. and 6s.
AB133-ASA1,1243,1913
281.59
(3) (j) No later than November 1 of each odd-numbered year, the
14department of administration and the department jointly shall submit a report, to
15the building commission and committees as required under par. (bm), on the
16implementation of the amount established under sub. (3e) (b) as required under s.
17281.58 (9m) (e), and on the operations and activities of the clean water fund program,
18the safe drinking water loan program
, the urban storm water loan program and the
19land recycling loan program for the previous biennium.
AB133-ASA1, s. 2507
20Section
2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
AB133-ASA1,1243,2221
281.59
(3e) (b) 1. Equal to
$90,200,000 $85,200,000 during the
1997-99 221999-01 biennium.
AB133-ASA1,1243,2323
3. Equal to $1,000 for any biennium after the
1997-99
1999-01 biennium.
AB133-ASA1, s. 2508
24Section
2508. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1244,2
1281.59
(3m) (b) 1. Equal to
$4,500,000 $9,400,000 during the
1997-99
1999-01 2biennium.
AB133-ASA1,1244,33
2. Equal to $1,000 for any biennium after the
1997-99
1999-01 biennium.
AB133-ASA1, s. 2509
4Section
2509. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1244,65
281.59
(3s) (b) 1. Equal to
$21,000,000 $5,200,000 during the
1997-99 1999-01 6biennium.
AB133-ASA1,1244,77
2. Equal to $1,000 for any biennium after the
1997-99
1999-01 biennium.
AB133-ASA1,1244,129
281.59
(3v) Urban storm water loan program expenditures. (a) No moneys
10may be expended for the urban storm water loan program in a biennium until the
11legislature reviews and approves all of the following as part of the biennial budget
12act for the biennium:
AB133-ASA1,1244,1513
1. An amount of present value of the subsidy for the urban storm water loan
14program that is specified for that biennium under par. (b) and is based on the amount
15included in the biennial finance plan under sub. (3) (a) 6s.
AB133-ASA1,1244,1716
2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state
17may contract for the purposes of the urban storm water loan program.
AB133-ASA1,1244,1918
(b) The amount of present value of the subsidy for the urban storm water loan
19program that is approved by the legislature under this paragraph is as follows:
AB133-ASA1,1244,2020
1. Equal to $4,500,000 during the 1999-01 biennium.
AB133-ASA1,1244,2121
2. Equal to $1,000 for any biennium after the 1999-01 biennium.
AB133-ASA1,1244,2422
(c) The department of administration may allocate amounts approved under
23par. (b) as the present value of subsidies for financial assistance under the urban
24storm water loan program.
AB133-ASA1,1245,5
1(d) Using the amount approved under par. (b) as a base, the department of
2administration shall calculate the present value of the actual subsidy of each urban
3storm water loan made for those projects in each biennium that are approved for
4financial assistance. The present value shall be discounted as provided under sub.
5(3) (a) 6s.
AB133-ASA1,1245,97
281.59
(4) (a) The clean water fund program
is a and the urban storm water
8loan program are revenue-producing
enterprise or program enterprises or
9programs, as defined in s. 18.52 (6).
AB133-ASA1,1245,1511
281.59
(4) (am) Deposits, appropriations or transfers to the environmental
12improvement fund for the purposes of the clean water fund program
or the urban
13storm water loan program may be funded with the proceeds of revenue obligations
14issued subject to and in accordance with subch. II of ch. 18 or in accordance with
15subch. IV of ch. 18 if designated a higher education bond.
AB133-ASA1,1245,2317
281.59
(4) (b) The department of administration may, under s.
18.56 (5) and (9)
18(j) 18.561 or 18.562, deposit in a separate and distinct fund in the state treasury or
19in an account maintained by a trustee outside the state treasury, any portion of the
20revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside
21the state treasury are the trustee's revenues in accordance with the agreement
22between this state and the trustee or in accordance with the resolution pledging the
23revenues to the repayment of revenue obligations issued under this subsection.
AB133-ASA1,1246,10
1281.59
(4) (c) The building commission may pledge any portion of revenues
2received or to be received in the fund established in par. (b) or the environmental
3improvement fund to secure revenue obligations issued under this subsection. The
4pledge shall provide for the transfer to the environmental improvement fund of all
5pledged revenues, including any interest earned on the revenues, which are in excess
6of the amounts required to be paid under s. 20.320 (1) (c) and (u) for the purposes of
7the clean water fund program
or the urban storm water loan program. The pledge
8shall provide that the transfers be made at least twice yearly, that the transferred
9amounts be deposited in the environmental improvement fund and that the
10transferred amounts are free of any prior pledge.
AB133-ASA1,1246,1912
281.59
(9) (a) A loan approved under the clean water fund program, the safe
13drinking water loan program
, the urban storm water loan program or the land
14recycling loan program shall be for no longer than 20 years, as determined by the
15department of administration, be fully amortized not later than 20 years after the
16original date of the
note financial assistance agreement, and require the repayment
17of principal and interest, if any, to begin not later than 12 months after the expected
18date of completion of the project that it funds, as determined by the department of
19administration.
AB133-ASA1,1247,521
281.59
(9) (am) The department of administration, in consultation with the
22department, may establish those terms and conditions of a financial assistance
23agreement that relate to its financial management, including what type of municipal
24obligation, as set forth under s. 66.36, is required for the repayment of the financial
25assistance. Any terms and conditions established under this paragraph by the
1department of administration shall comply with the requirements of this section and
2s. 281.58,
281.595, 281.60 or 281.61. In setting the terms and conditions, the
3department of administration may consider factors that the department of
4administration finds are relevant, including the type of obligation evidencing the
5loan, the pledge of security for the obligation and the applicant's creditworthiness.
AB133-ASA1,1247,107
281.59
(9) (b) (intro.) As a condition of receiving financial assistance under the
8clean water fund program, the safe drinking water loan program
, the urban storm
9water loan program or the land recycling loan program, an applicant shall do all of
10the following:
AB133-ASA1,1247,1412
281.59
(9) (b) 1. Pledge the security, if any, required by the rules promulgated
13by the department of administration under this section and s. 281.58,
281.595, 14281.60 or 281.61.
AB133-ASA1,1247,2116
281.59
(11) (a) The department of natural resources and the department of
17administration may enter into a financial assistance agreement with an applicant
18for which the department of administration has allocated subsidy under s. 281.58
19(9m),
281.595 (8), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under
20sub. (9) and the other requirements under this section and s. 281.58,
281.595, 281.60
21or 281.61.
AB133-ASA1,1248,623
281.59
(11) (b) If a municipality fails to make a principal repayment or interest
24payment after its due date, the department of administration shall place on file a
25certified statement of all amounts due under this section and s. 281.58,
281.595,
1281.60 or 281.61. After consulting the department, the department of
2administration may collect all amounts due by deducting those amounts from any
3state payments due the municipality or may add a special charge to the amount of
4taxes apportioned to and levied upon the county under s. 70.60. If the department
5of administration collects amounts due, it shall remit those amounts to the fund to
6which they are due and notify the department of that action.
AB133-ASA1,1248,128
281.59
(11) (c) The department of administration may retain the last payment
9under a financial assistance agreement until the department of natural resources
10and the department of administration determine that the project is completed and
11meets the applicable requirements of this section and s. 281.58,
281.595, 281.60 or
12281.61 and that the conditions of the financial assistance agreement are met.
AB133-ASA1,1248,1814
281.59
(12) Municipal obligations. The department of administration may
15purchase or refinance obligations specified in s. 281.58 (6) (b) 1.
or 2. and guarantee
16or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the
17department of administration and the department of natural resources approve the
18financial assistance under this section and s. 281.58.
AB133-ASA1,1248,2320
281.59
(13s) Powers. The department of administration may audit, or contract
21for audits of, projects receiving financial assistance under the clean water fund
22program, the safe drinking water loan program
, the urban storm water loan program 23and the land recycling loan program.
AB133-ASA1,1249,3
1281.59
(14) Rules. The department of administration shall promulgate rules
2that are necessary for the proper execution of this section and of its responsibilities
3under ss. 281.58,
281.595, 281.60 and 281.61.
AB133-ASA1,1249,5
5281.595 Urban storm water loan program.
(1) Definitions. In this section:
AB133-ASA1,1249,86
(a) "Local governmental unit" means a city, village, town, county, town sanitary
7district, public inland lake protection and rehabilitation district or metropolitan
8sewerage district.
AB133-ASA1,1249,119
(b) "Market interest rate" means the interest at the effective rate of a revenue
10obligation issued by this state to fund a loan or portion of a loan for a clean water fund
11program project under s. 281.58.
AB133-ASA1,1249,1312
(c) "Population" means population shown by the last federal census or by any
13subsequent population estimate under s. 16.96.
AB133-ASA1,1249,1414
(d) "Urban area" means any of the following:
AB133-ASA1,1249,1515
1. An area with a population of 1,000 or more per square mile.
AB133-ASA1,1249,1616
2. An area in which the land is used for industrial or commercial land uses.
AB133-ASA1,1249,1717
3. An area that is surrounded by an area described in subd. 1. or 2.
AB133-ASA1,1249,1918
(e) "Urban storm water loan program" means the program administered under
19this section, with financial management provided under s. 281.59.
AB133-ASA1,1249,23
20(2) General. The department and the department of administration shall
21administer a program to provide financial assistance to local governmental units for
22the planning, designing, construction or modification of nonpoint source pollution
23and urban storm water runoff projects in urban areas.
AB133-ASA1,1250,3
1(2g) Ineligible uses. A local governmental unit may not use financial
2assistance under this section to pay any portion of the cost of a project for which
3financial assistance is provided under s. 281.65.
AB133-ASA1,1250,6
4(2r) Methods of providing financial assistance. The following methods of
5providing financial assistance may be used under the urban storm water loan
6program:
AB133-ASA1,1250,87
(a) Making loans below the market interest rate for projects described in sub.
8(2).
AB133-ASA1,1250,109
(b) Purchasing or refinancing the obligation of a local governmental unit that
10was incurred to finance the cost of a project described in sub. (2).
AB133-ASA1,1250,1311
(c) Guaranteeing, or purchasing insurance for, obligations incurred to finance
12the cost of projects described in sub. (2) if the guarantee or insurance will provide
13credit market access or reduce interest rates.
AB133-ASA1,1250,1714
(d) Providing payments to the board of commissioners of public lands to reduce
15principal or interest payments, or both, on loans made to local governmental units
16under subch. II of ch. 24 by the board of commissioners of public lands for projects
17that are eligible for financial assistance under the urban storm water loan program.
AB133-ASA1,1250,22
18(3) Notice of intent to apply. (a) A local governmental unit shall submit notice
19of its intent to apply for financial assistance under the urban storm water loan
20program at least 6 months before the beginning of the fiscal year in which it intends
21to receive the financial assistance. The notice shall be in a form prescribed by the
22department and the department of administration.
AB133-ASA1,1250,2523
(b) If a local governmental unit does not apply for financial assistance by April
2430 of the 2nd year following the year in which it submitted notice under par. (a), the
25local governmental unit shall submit a new notice under par. (a).
AB133-ASA1,1251,2
1(c) The department may waive par. (a) or (b) upon the written request of a local
2governmental unit.
AB133-ASA1,1251,5
3(4) Engineering report. A local governmental unit seeking financial
4assistance for a project under this section shall submit an engineering report, as
5required by the department by rule.
AB133-ASA1,1251,14
6(5) Application. After the department approves a local governmental unit's
7engineering report submitted under sub. (4), the local governmental unit shall
8submit an application for urban storm water financial assistance to the department.
9The applicant shall submit the application before the April 30 preceding the
10beginning of the fiscal year in which the applicant wishes to receive the financial
11assistance. The application shall be in the form and include the information required
12by the department and the department of administration and shall include plans and
13specifications that are approvable by the department under this section. An
14applicant may not submit more than one application per project per year.
AB133-ASA1,1251,18
15(6) Priority list. The department shall establish a priority list that ranks each
16urban storm water loan program project. The department shall promulgate rules for
17determining project rankings that base project priority on the impact of a project on
18groundwater and surface water quality and on public health.
AB133-ASA1,1251,20
19(7) Approval of application. The department shall approve an application
20received under sub. (5) after all of the following occur:
AB133-ASA1,1251,2121
(a) The project is ranked on the priority list under sub. (6).
AB133-ASA1,1251,2322
(b) The department determines that the project meets the eligibility
23requirements under this section.
AB133-ASA1,1251,2524
(c) The department of administration determines that the local governmental
25unit will meet the requirements of s. 281.59 (9) (b).
AB133-ASA1,1252,2
1(d) The legislature has approved an amount under s. 281.59 (3v) (b) 1. for the
2biennium.
AB133-ASA1,1252,9
3(8) Funding list; allocation of funding. (a) The department shall establish
4a funding list for each fiscal year that ranks projects of local governmental units that
5submit approvable applications under sub. (5) in the same order that they appear on
6the priority list under sub. (6). If sufficient funds are not available to fund all
7approved applications for financial assistance, the department of administration
8shall allocate funding to projects that are approved under sub. (7) in the order that
9they appear on the funding list.