SB21: Bill Text

SB21,1564,9 281.58 (8) (a) 2. Connection laterals and sewer lines that transport wastewater from structures to municipally owned or individually owned wastewater systems, unless water other than wastewater is entering the connection laterals or sewer lines from the ground or from above-ground sources and is being transported from a nonindustrial structure in a way that may interfere with compliance with a permit issued to a publicly owned treatment work under ch. 283.

SB21,4119 Section 4119. 281.58 (8) (c) of the statutes is amended to read:

SB21,1564,16 281.58 (8) (c) Except as provided in par. (k), financial assistance may be provided for the design, planning and construction of a collection system, interceptor or individual system project in an unsewered municipality or an unsewered area of a municipality, only if the department finds that at least two-thirds of the initial flow will be for wastewater originating from residences in existence on October 17, 1972 for at least 20 years prior to the submission of the application under sub. (9) (a).

SB21,4120 Section 4120. 281.58 (8) (i) of the statutes is amended to read:

SB21,1564,22 281.58 (8) (i) After June 30, 1991, no municipality may receive for projects in a biennium an amount that exceeds 35.2% of the amount approved by the legislature under s. 281.59 (3e) (b) that the department of administration projects will be available to provide financial assistance for projects under this section for that biennium.

SB21,4121 Section 4121. 281.58 (8) (j) of the statutes is amended to read:

SB21,1565,2 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. 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 municipality under sub. (6) (b) 4.

SB21,4122 Section 4122. 281.58 (9) (e) of the statutes is amended to read:

SB21,1565,16 281.58 (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) the total amount that the department of administration projects will be available to provide financial assistance for projects under this section for a biennium , as set forth in the biennial finance plan under s. 281.59 (3) (a) 2. and as updated under s. 281.59 (3) (bm) 2., is 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 be available only to municipalities that submit financial assistance applications by the June 30 preceding September 30 of that fiscal year.

SB21,4123 Section 4123. 281.58 (9m) (a) (intro.) of the statutes is amended to read:

SB21,1565,19 281.58 (9m) (a) (intro.) Subject to pars. (c) and par. (d), the department shall approve an application after all of the following occur:

SB21,4124 Section 4124. 281.58 (9m) (c) of the statutes is repealed.

SB21,4125 Section 4125. 281.58 (9m) (e) 1. of the statutes is amended to read:

SB21,1566,2 281.58 (9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy financial assistance under this section is available under s. 281.59 (3e) (b) for the municipality's project, based on the calculation under s. 281.59 (3e) (f), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

SB21,4126 Section 4126. 281.58 (9m) (e) 2. of the statutes is amended to read:

SB21,1566,8 281.58 (9m) (e) 2. If a sufficient amount of subsidy financial assistance under this section is not available under s. 281.59 (3e) (b) for the municipality's project when the department approves the application under subd. 1. par. (a), the department shall place the project on a list for allocation when additional subsidy becomes financial assistance becomes available.

SB21,4127 Section 4127. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

SB21,1566,15 281.58 (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) available to provide financial assistance for projects under this section for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:

SB21,4128 Section 4128. 281.58 (9m) (f) 1. of the statutes is amended to read:

SB21,1566,21 281.58 (9m) (f) 1. The department shall establish a funding list for each fiscal year of the biennium that ranks projects of municipalities that submit financial assistance applications under sub. (9) (a) no later than the June 30 preceding September 30 of the fiscal year in the same order that they appear on the priority list under sub. (8e).

SB21,4129 Section 4129. 281.58 (9m) (fm) of the statutes is amended to read:

SB21,1567,4 281.58 (9m) (fm) The department, in consultation with the department of administration, shall promulgate, by rule, methods to establish deadlines for actions that must be taken by a municipality to which subsidy financial assistance has been allocated. The methods may provide for extending deadlines under specified circumstances. If a municipality fails to meet a deadline, including any extension, the department of administration shall release rescind the amount allocation of subsidy allocated to financial assistance for the municipality's project.

SB21,4130 Section 4130. 281.58 (9m) (g) of the statutes is repealed.

SB21,4131 Section 4131. 281.58 (12) (a) 1. of the statutes is amended to read:

SB21,1567,12 281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 60 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

SB21,4132 Section 4132. 281.58 (12) (a) 2. of the statutes is amended to read:

SB21,1567,19 281.58 (12) (a) 2. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

SB21,4133 Section 4133. 281.58 (12) (a) 3. of the statutes is amended to read:

SB21,1568,2 281.58 (12) (a) 3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

SB21,4134 Section 4134. 281.58 (13m) (b) of the statutes is amended to read:

SB21,1568,7 281.58 (13m) (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 the clean water fund program. Grants awarded under this subsection are not considered for the purposes of sub. (9m) (e) or s. 281.59 (3e) (b).

SB21,4135 Section 4135. 281.58 (15) (a) of the statutes is amended to read:

SB21,1568,13 281.58 (15) (a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after the department approves the municipality's application under sub. (9m) (a) and the department of administration has allocated subsidy financial assistance for the municipality's project.

SB21,4136 Section 4136. 281.59 (1) (b) of the statutes is amended to read:

SB21,1568,23 281.59 (1) (b) "Market interest rate" means the effective interest rate on a fixed-rate revenue obligation issued by the state to fund a loan made under this section or, for a variable rate if the department of administration determines that there has been a significant change in interest rates after the fixed-rate revenue obligation has been issued or if a fixed-rate revenue obligation has not been issued by the state to fund a loan made under this section, the effective interest rate that the department of administration determines would have been paid if the variable rate a fixed-rate revenue obligation had been sold at a fixed rate issued on the date financial assistance is allotted.

SB21,4137 Section 4137. 281.59 (1) (d) of the statutes is repealed.

SB21,4138 Section 4138. 281.59 (1m) (c) of the statutes is repealed.

SB21,4139 Section 4139. 281.59 (3) (a) 2. of the statutes is amended to read:

SB21,1569,4 281.59 (3) (a) 2. The total amount of that the department of administration projects will be available to provide financial assistance planned to be provided or committed for projects under subd. 1. during the next biennium.

SB21,4140 Section 4140. 281.59 (3) (a) 6. of the statutes is repealed.

SB21,4141 Section 4141. 281.59 (3) (a) 6e. of the statutes is repealed.

SB21,4142 Section 4142. 281.59 (3) (a) 6m. of the statutes is repealed.

SB21,4143 Section 4143. 281.59 (3) (a) 7. of the statutes is repealed.

SB21,4144 Section 4144. 281.59 (3) (j) of the statutes is amended to read:

SB21,1569,16 281.59 (3) (j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the implementation of the amount established under sub. (3e) (b) as required under s. 281.58 (9m) (e), and on the operations and activities of the clean water fund program, the safe drinking water loan program and the land recycling loan program for the previous biennium.

SB21,4145 Section 4145. 281.59 (3e) (a) of the statutes is repealed.

SB21,4146 Section 4146. 281.59 (3e) (b) of the statutes is repealed.

SB21,4147 Section 4147. 281.59 (3e) (c) of the statutes is repealed.

SB21,4148 Section 4148. 281.59 (3e) (d) of the statutes is amended to read:

SB21,1570,2 281.59 (3e) (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 95 percent of the amount approved by the legislature under par. (b) available to provide financial assistance for projects under this section for that biennium. The department may expend such amount only from the percentage of the amount approved under par. (b) that is not available under par. (e) for financial hardship assistance.

SB21,4149 Section 4149. 281.59 (3e) (e) of the statutes is amended to read:

SB21,1570,9 281.59 (3e) (e) The department may expend, for financial hardship assistance in a biennium under s. 281.58 (13) (e), an amount up to 5 percent of the amount approved by the legislature under par. (b) available to provide financial assistance for projects under this section for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

SB21,4150 Section 4150. 281.59 (3e) (f) of the statutes is repealed.

SB21,4151 Section 4151. 281.59 (3m) of the statutes is repealed.

SB21,4152 Section 4152. 281.59 (3s) of the statutes is repealed.

SB21,4153 Section 4153. 281.59 (9) (am) of the statutes is amended to read:

SB21,1570,23 281.59 (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 sub. (13f), if applicable, 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, 281.60 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.

SB21,4154 Section 4154. 281.59 (11) (a) of the statutes is amended to read:

SB21,1571,6 281.59 (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 financial assistance under s. 281.58 (9m), 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, 281.60 or 281.61.

SB21,4155 Section 4155. 281.60 (7) (d) of the statutes is repealed.

SB21,4156 Section 4156. 281.60 (8) (a) of the statutes is renumbered 281.60 (8).

SB21,4157 Section 4157. 281.60 (8) (b) of the statutes is repealed.

SB21,4158 Section 4158. 281.60 (8s) of the statutes is amended to read:

SB21,1571,14 281.60 (8s) Limitation on financial assistance. 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 political subdivision under sub. (2r) (a).

SB21,4159 Section 4159. 281.60 (12) (b) 3. of the statutes is amended to read:

SB21,1571,22 281.60 (12) (b) 3. If the sale proceeds are greater than the cost of the land plus the cost of the cleanup, pay to the department of administration an amount equal to the remaining loan balance plus the lesser of 75% of the amount by which the sale proceeds exceed the cost of the land plus the cost of the cleanup or the amount of subsidy incurred for the project difference between the amount of interest paid on the loan and the amount of interest that would have been paid if the loan had been made at the market rate, and retain the remainder of the sale proceeds.

SB21,4160 Section 4160. 281.61 (1) (a) of the statutes is renumbered 281.61 (1) (am).

SB21,4161 Section 4161. 281.61 (1) (ag) of the statutes is created to read:

SB21,1572,3 281.61 (1) (ag) "Community water system" means a public water system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents.

SB21,4162 Section 4162. 281.61 (1) (bm) of the statutes is created to read:

SB21,1572,6 281.61 (1) (bm) "Noncommunity water system" means a public water system that is not a community water system.

SB21,4163 Section 4163. 281.61 (2) of the statutes is amended to read:

SB21,1572,15 281.61 (2) General. The department and the department of administration shall administer a program to provide financial assistance to local governmental units and to the private owners of community water systems and nonprofit noncommunity water systems for projects for the planning, designing, construction or modification of public water systems, if the projects will facilitate compliance with national primary drinking water regulations under 42 USC 300g-1 or otherwise significantly further the health protection objectives of the Safe Drinking Water Act, 42 USC 300f to 300j-26.

SB21,4164 Section 4164. 281.61 (2g) of the statutes is amended to read:

SB21,1573,2 281.61 (2g) Ineligible projects. A local governmental unit or the private owner of a community water system or nonprofit noncommunity water system is not eligible for financial assistance under this section if the local governmental unit or the private owner of the community water system or nonprofit noncommunity water system does not have the technical, managerial or financial capacity to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, or the public water system operated by the local governmental unit or private owner of the community water system or nonprofit noncommunity water system is in significant noncompliance with any requirement of a primary drinking water regulation or variance under 42 USC 300g-1 unless the financial assistance will ensure compliance with the Safe Drinking Water Act.

SB21,4165 Section 4165. 281.61 (2r) (b) of the statutes is amended to read:

SB21,1573,7 281.61 (2r) (b) Purchasing or refinancing the obligation of a local governmental unit or private owner of a community water system or nonprofit noncommunity water system if the obligation was incurred to finance the cost of a project described in sub. (2) and the obligation was initially incurred after July 1, 1993.

SB21,4166 Section 4166. 281.61 (3) of the statutes is amended to read:

SB21,1573,14 281.61 (3) Notice of intent to apply. (a) A local governmental unit or private owner of a community water system or nonprofit noncommunity water system shall submit notice of its intent to apply for financial assistance under the safe drinking 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.

SB21,1573,17 (c) The department may waive par. (a) upon the written request of a local governmental unit or private owner of a community water system or nonprofit noncommunity water system.

SB21,4167 Section 4167. 281.61 (4) of the statutes is amended to read:

SB21,1573,22 281.61 (4) Engineering report. A local governmental unit or private owner of a community water system or nonprofit noncommunity water system seeking financial assistance for a project under this section shall submit an engineering report, as required by the department by rule.

SB21,4168 Section 4168. 281.61 (5) of the statutes is renumbered 281.61 (5) (a) and amended to read:

SB21,1574,14 281.61 (5) (a) After the department approves a local governmental unit's an engineering report submitted under sub. (4), the local governmental unit or private owner of a community water system or nonprofit noncommunity water system shall submit an application for safe drinking water financial assistance to the department. The applicant shall submit the application on or before the June 30 preceding the beginning of the fiscal year in which the applicant wishes to receive the financial assistance, except that if funds are available in a fiscal year after funding has been allocated under sub. (8) for all approved applications submitted before the June 30 preceding that fiscal year, the department of administration may allocate funding for approved applications submitted after June 30. 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.

SB21,4169 Section 4169. 281.61 (5) (b) of the statutes is created to read:

SB21,1574,22 281.61 (5) (b) The department of administration and the department jointly may charge and collect service fees, established by rule, which shall cover the estimated costs of reviewing and acting upon the application and servicing the financial assistance agreement. No service fee established by rule under this paragraph may be charged to or collected from an applicant for financial assistance under s. 281.59 (13). The fees collected under this paragraph shall be credited to the environmental improvement fund.

SB21,4170 Section 4170. 281.61 (6) of the statutes is amended to read:

SB21,1575,9 281.61 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist local governmental units applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection.

SB21,4171 Section 4171. 281.61 (7) (c) of the statutes is amended to read: