281.58 (9) (e) If the department of natural resources and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (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. insufficient to provide funding for all projects for which applications will be approved during that biennium, 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.
16,3164
Section 3164. 281.58 (9m) (f) (intro.) of the statutes is amended to read:
281.58 (9m) (f) (intro.) If the department of natural resources and the department of administration determine that the amount approved under s. 281.59 (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. insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:
16,3164j
Section 3164j. 281.58 (13) (be) 5. of the statutes is repealed.
16,3164L
Section 3164L. 281.58 (13) (em) 3. of the statutes is created to read:
281.58 (13) (em) 3. In a fiscal year, if federal financial hardship assistance has been allocated to all eligible projects on the funding list and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to a project of an eligible municipality that submits its financial assistance application after June 30.
16,3165
Section 3165. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
281.59 (3e) (b) 1. Equal to $85,200,000 $90,000,000 during the 1999-01 2001-03 biennium.
3. Equal to $1,000 for any biennium after the 1999-01 2001-03 biennium.
16,3166
Section 3166. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
281.59 (3m) (b) 1. Equal to $9,400,000
$9,110,000 during the 1999-01 2001-03 biennium.
2. Equal to $1,000 for any biennium after the 1999-01 2001-03 biennium.
16,3167
Section 3167. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
281.59 (3s) (b) 1. Equal to $12,600,000 $10,900,000 during the 1999-01 2001-03 biennium.
2. Equal to $1,000 for any biennium after the 1999-01 2001-03 biennium.
16,3168
Section 3168. 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 shall not exceed $1,297,755,000 $1,398,355,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.
16,3168n
Section 3168n. 281.60 (2) of the statutes is amended to read:
281.60 (2) General. The department and the department of administration may administer a program to provide financial assistance to eligible applicants for projects to remedy environmental contamination of sites or facilities at which environmental contamination has affected groundwater or surface water or threatens to affect groundwater or surface water. Eligible costs for a project
include costs of site assessment and site investigation, to the extent allowed under federal law, if the eligible applicant demonstrates in its application that remediation will be necessary and include costs of demolition that is a necessary part of the remediation. The department and the department of administration may provide financial assistance under this section to an eligible applicant only if the eligible applicant owns the contaminated site or facility or, if the applicant is a political subdivision, if a redevelopment authority or a housing authority owns the contaminated site or facility. The department and the department of administration may not provide financial assistance under this section to remedy environmental contamination at a site or facility that is not a landfill if the eligible applicant caused the environmental contamination.
16,3168p
Section 3168p. 281.60 (3) of the statutes is repealed.
16,3168r
Section 3168r. 281.60 (5) of the statutes is amended to read:
281.60 (5) Application.
After submitting a notice of intent to apply under sub. (3) (a) or obtaining a waiver under sub. (3) (b), an An eligible applicant shall submit an application for land recycling loan program financial assistance to the department. The eligible applicant shall submit the application before the date established by the department by rule. The department shall establish at least 2 application deadlines each year. The application shall be in the form and include the information required by the department and the department of administration. An eligible applicant may not submit more than one application per project per year.
16,3168t
Section 3168t. 281.60 (8) (a) 1. of the statutes is amended to read:
281.60 (8) (a) 1. The department of administration may not allocate more than 40% of the available funds allocated in each fiscal year to projects to remedy contamination at landfills.
16,3168v
Section 3168v. 281.60 (8p) of the statutes is created to read:
281.60 (8p) Security. Notwithstanding s. 281.59 (9) (b) 1., the department and the department of administration may not require an applicant to use general obligation bonds as security for financial assistance under this section but shall accept other collateral that meets typical underwriting criteria.
16,3169
Section 3169. 281.61 (3) (b) of the statutes is repealed.
16,3170
Section 3170. 281.61 (3) (c) of the statutes is amended to read:
281.61 (3) (c) The department may waive par. (a) or (b) upon the written request of a local governmental unit.
16,3171
Section 3171. 281.65 (4) (f) of the statutes is amended to read:
281.65 (4) (f) Administer the distribution of grants and aids to governmental units for local administration and implementation of the program under this section. A grant awarded under this section may be used for cost-sharing for management practices and capital improvements, easements, or other activities determined by the department to satisfy the requirements of this section. A grant under this section to a lake district for a priority lake identified under sub. (3m) (b) 1. may be used for plan preparation, technical assistance, educational and training assistance, and ordinance development and administration. A grant may not be used for promotional items, except for promotional items that are used for informational purposes, such as brochures or videos.
16,3172
Section 3172. 281.65 (4c) (am) 1. a. of the statutes is amended to read:
281.65 (4c) (am) 1. a. The need for compliance with performance standards established by the department under s. 281.16 (2) and (3).
16,3173
Section 3173. 281.65 (4c) (am) 2. of the statutes is amended to read:
281.65 (4c) (am) 2. The project cannot be conducted with department, in consultation with the department of agriculture, trade and consumer protection, determines that funding provided under s. 92.14 is insufficient to fund the project.
16,3173j
Section 3173j. 281.65 (4e) of the statutes is created to read:
281.65 (4e) If the department issues a notice of discharge under ch. 283 to an animal feeding operation, the department shall provide a cost-sharing grant for the costs of measures needed to correct the unacceptable practices identified in the notice of discharge. Notwithstanding sub. (8) (f), the department may provide a cost-sharing grant under this subsection that exceeds 70% of the cost of the corrective measures in cases of economic hardship, as defined by the department by rule. If the department provides funds for a cost-sharing grant under this subsection from the appropriation account under s. 20.866 (2) (te), the department shall pay the grant to another governmental unit. If the department provides funds for a cost-sharing grant under this subsection from the appropriation account under s. 20.370 (6) (aa), (ag), or (aq), the department may pay the funds to the landowner or operator or to another governmental unit.
16,3176b
Section 3176b. 281.65 (5q) of the statutes is created to read:
281.65 (5q) (a) Notwithstanding sub. (5s), neither the department nor the land and water conservation board may extend funding under this section for a priority watershed or priority lake project beyond the funding termination date that was in effect for the priority watershed or priority lake project on January 1, 2001, except as provided in par. (b).
(b) The department may authorize funding to be provided to a landowner under a priority watershed or priority lake project for up to one year after the funding termination date under par. (a) for that project if the department determines that a delay in implementation of best management practices by the landowner was caused by conditions beyond the control of the landowner.
16,3176m
Section 3176m. 281.65 (11) of the statutes is amended to read:
281.65 (11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2001
2005. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. In providing funding under s. 92.14 (3), the department of agriculture, trade and consumer protection shall determine the amount of matching funds required for staff for the priority watershed project as though the funding termination date of June 30, 2005, had been in effect on October 6, 1998. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.
16,3180
Section 3180. 281.68 (1) (b) (intro.) of the statutes is renumbered 281.68 (1) (b) and amended to read:
281.68 (1) (b) "Qualified lake association" means
a group incorporated under ch. 181 that meets all of the following conditions: an association that meets the qualifications under sub. (3m) (a).
16,3181
Section 3181. 281.68 (1) (b) 1. of the statutes is renumbered 281.68 (3m) (a) 2. and amended to read:
281.68 (3m) (a) 2. Specifies Specify in its articles of incorporation or bylaws that a substantial purpose of its being incorporated is to support the protection or improvement of one or more inland lakes for the benefit of the general public.
16,3182
Section 3182. 281.68 (1) (b) 2. of the statutes is renumbered 281.68 (3m) (a) 3. and amended to read:
281.68 (3m) (a) 3. Demonstrates Demonstrate that the substantial purpose of its past actions was to support the protection or improvement of one or more inland lakes for the benefit of the general public.
16,3183
Section 3183. 281.68 (1) (b) 3. of the statutes is renumbered 281.68 (3m) (a) 4. and amended to read:
281.68 (3m) (a) 4. Allows Allow to be a member any individual who for at least one month each year resides on or within one mile of an inland lake for which the association was incorporated.
16,3184
Section 3184. 281.68 (1) (b) 4. of the statutes is renumbered 281.68 (3m) (a) 5. and amended to read:
281.68 (3m) (a) 5. Allows Allow to be a member any individual who owns real estate on or within one mile of an inland lake for which the association was incorporated.
16,3185
Section 3185. 281.68 (1) (b) 5. of the statutes is renumbered 281.68 (3m) (a) 6. and amended to read:
281.68 (3m) (a) 6. Does not Not have articles of incorporation or bylaws which limit or deny the right of any member or any class of members to vote as permitted under s. 181.0721 (1).
16,3186
Section 3186. 281.68 (1) (b) 6. of the statutes is renumbered 281.68 (3m) (a) 7. and amended to read:
281.68 (3m) (a) 7. Has been Demonstrate that it has been in existence for at least one year.
16,3187
Section 3187. 281.68 (1) (b) 7. of the statutes is renumbered 281.68 (3m) (a) 8. and amended to read:
281.68 (3m) (a) 8. Has Demonstrate that it has at least 25 members.
16,3188
Section 3188. 281.68 (1) (b) 8. of the statutes is renumbered 281.68 (3m) (a) 9. and amended to read:
281.68 (3m) (a) 9. Requires Require payment of an annual membership fee of not less than $10 nor more than $25 as set by the department by rule under par. (b).
16,3189
Section 3189. 281.68 (1) (c) of the statutes is created to read:
281.68 (1) (c) "Qualified school district" is a school district that meets the qualifications under sub. (3m) (c).
16,3192
Section 3192. 281.68 (3) (a) of the statutes is amended to read:
281.68 (3) (a) Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, town sanitary districts, qualified school districts, public inland lake protection and rehabilitation districts, and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management.
16,3193
Section 3193. 281.68 (3) (b) 6. of the statutes is created to read:
281.68 (3) (b) 6. Providing programs and materials that promote the monitoring of private sewage systems, the reduction in the use of environmentally harmful chemicals, water safety, and the protection of natural lake ecosystems.
16,3194
Section 3194. 281.68 (3m) (title) and (a) (intro.) of the statutes are created to read:
281.68 (3m) (title) Qualified entities. (a) (intro.) To be a qualified lake association, an association shall do all of the following:
16,3195
Section 3195. 281.68 (3m) (a) 1. of the statutes is created to read:
281.68 (3m) (a) 1. Demonstrate that it is incorporated under ch. 181.
16,3196
Section 3196. 281.68 (3m) (b) of the statutes is created to read:
281.68 (3m) (b) For purposes of par. (a) 9., the department shall set by rule the maximum amount and the minimum amount that may be charged as an annual membership fee.
16,3197
Section 3197. 281.68 (3m) (c) of the statutes is created to read:
281.68 (3m) (c) To be a qualified school district, the board of the school district shall adopt a resolution to conduct a lake management planning project that will do all of the following:
1. Provide information or education on the use of lakes or natural lake ecosystems, on the quality of water in lakes, or on the quality of natural lake ecosystems.
2. Allow another eligible recipient of grants under this section to cooperate with the school district in the project.
16,3199
Section 3199. 281.69 (1b) of the statutes is renumbered 281.69 (1b) (intro.) and amended to read:
281.69 (1b) Definition
Definitions. (intro.) In this section, "lake":
(ag) "Lake" includes a flowage.
16,3200m
Section 3200m. 281.69 (1b) (bn) of the statutes is created to read:
281.69 (1b) (bn) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).
16,3201
Section 3201. 281.69 (1b) (c) of the statutes is created to read:
281.69 (1b) (c) "Qualified lake association" is an association that meets the qualifications under s. 281.68 (3m) (a).
16,3202
Section 3202. 281.69 (1b) (d) of the statutes is created to read:
281.69 (1b) (d) "Wetland" has the meaning given in s. 23.32 (1).
16,3203
Section 3203. 281.69 (3) (a) of the statutes is amended to read:
281.69 (3) (a) A designation of eligible recipients, which shall include nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, as defined in s. 281.68 (1) (b), town sanitary districts, public inland lake protection and rehabilitation districts, and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management.
16,3205
Section 3205. 281.69 (3) (b) 2. of the statutes is amended to read:
281.69 (3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1), if the restoration will protect or improve a lake's water quality or its natural ecosystem.
