SB21: Bill Text

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:

SB21,1575,12 281.61 (7) (c) The department of administration determines that the local governmental unit applicant will meet the requirements of s. 281.59 (9) (b).

SB21,4172 Section 4172. 281.61 (7) (d) of the statutes is repealed.

SB21,4173 Section 4173. 281.61 (8) (a) (intro.) of the statutes is renumbered 281.61 (8) (intro.) and amended to read:

SB21,1575,22 281.61 (8) (intro.) The department shall establish a funding list for each fiscal year that ranks projects of local governmental units applicants 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, except as follows:

SB21,4174 Section 4174. 281.61 (8) (a) 1. of the statutes is renumbered 281.61 (8) (a).

SB21,4175 Section 4175. 281.61 (8) (a) 2. of the statutes is renumbered 281.61 (8) (bL) and amended to read:

SB21,1576,4 281.61 (8) (bL) In any biennium, no local governmental unit applicant may receive more than 25% of the funds that the department of administration projects will be available amount of financial assistance planned to be provided or committed for projects under this section for that biennium.

SB21,4176 Section 4176. 281.61 (8) (b) of the statutes is repealed.

SB21,4177 Section 4177. 281.61 (8m) (intro.) of the statutes is amended to read:

SB21,1576,9 281.61 (8m) Conditions of financial assistance for local governmental units. As a condition of receiving financial assistance under the safe drinking water loan program, a local governmental unit shall do all of the following:

SB21,4178 Section 4178. 281.61 (8p) of the statutes is created to read:

SB21,1576,14 281.61 (8p) Conditions of financial assistance for private owners. As a condition of receiving financial assistance under the safe drinking water loan program, a private owner of a community water system or nonprofit noncommunity water system shall do all of the following:

SB21,1576,16 (a) Demonstrate that there is adequate security for the repayment of the financial assistance.

SB21,1576,19 (b) Comply with those provisions of 42 USC 300f to 300j-26 and this chapter and the regulations and rules promulgated under those provisions that the department specifies.

SB21,4179 Section 4179. 281.61 (8s) of the statutes is amended to read:

SB21,1576,24 281.61 (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 local governmental unit under sub. (2r) (a).

SB21,4180 Section 4180. 281.61 (11) (a) 1. of the statutes is amended to read:

SB21,1577,3 281.61 (11) (a) 1. For a local governmental unit an applicant that does not meet financial eligibility criteria established by the department by rule, 55% of market interest rate.

SB21,4181 Section 4181. 281.61 (11) (a) 2. of the statutes is amended to read:

SB21,1577,7 281.61 (11) (a) 2. For a local governmental unit an applicant that meets financial eligibility criteria established by the department by rule, 33% of market interest rate.

SB21,4182 Section 4182. 281.61 (12) (g) of the statutes is amended to read:

SB21,1577,13 281.61 (12) (g) Have the lead state role with local governmental units and private owners of community water systems or nonprofit noncommunity water systems in providing safe drinking water loan program information, and cooperate with the department of administration in providing that information to local governmental units.

SB21,4183 Section 4183. 281.625 (1) (b) of the statutes is amended to read:

SB21,1577,17 281.625 (1) (b) "Local governmental unit" has the meaning given in s. 281.61 (1) (a) (am), except that the term does not include a joint local water authority created under s. 66.0823.

SB21,4184 Section 4184. 281.625 (2) of the statutes is amended to read:

SB21,1577,22 281.625 (2) The department, in consultation with the department of administration, shall promulgate rules for determining whether a loan is an eligible loan under s. 234.86 235.86 (3) for a loan guarantee under s. 234.86 235.86. The rules shall be consistent with 42 USC 300j-12.

SB21,4185 Section 4185. 281.625 (3) of the statutes is amended to read:

SB21,1578,2 281.625 (3) The department shall determine whether a loan to the owner of a community water system or the nonprofit owner of a noncommunity water system is an eligible loan under s. 234.86 235.86 (3) for the purposes of the loan guarantee program under s. 234.86 235.86.

SB21,4186 Section 4186. 281.625 (4) of the statutes is amended to read:

SB21,1578,7 281.625 (4) With the approval of the department of administration, the department of natural resources may transfer funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933 235.933 to guarantee loans under s. 234.86 235.86.

SB21,4187 Section 4187. 281.625 (5) of the statutes is amended to read:

SB21,1578,11 281.625 (5) The department may contract with the Forward Wisconsin Housing and Economic Development Authority for the administration of the program under this section and s. 234.86 235.86.

SB21,4188 Section 4188. 281.65 (3) (at) of the statutes is amended to read:

SB21,1578,15 281.65 (3) (at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources board secretary.

SB21,4189 Section 4189. 281.66 (6) of the statutes is amended to read:

SB21,1578,25 281.66 (6) Grants for campuses. Notwithstanding subs. (3) and (4), the department may distribute a grant to the board of regents of the University of Wisconsin System Authority for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 283.33 and that is located in a priority watershed, as defined in s. 281.65 (2) (c), a priority lake area, as defined in s. 281.65 (2) (bs), or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 281.35 (1) (h), under the Great Lakes Water Quality Agreement.

SB21,4190 Section 4190. 281.68 (3) (a) 1. of the statutes is amended to read:

SB21,1579,7 281.68 (3) (a) 1. Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1) 23.09 (20m) (a) 3., 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.

SB21,4191 Section 4191. 281.69 (title) of the statutes is amended to read:

SB21,1579,10 281.69 (title) Lake management and classification grants and contracts.

SB21,4192 Section 4192. 281.69 (1b) (bn) of the statutes is amended to read:

SB21,1579,13 281.69 (1b) (bn) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,4193 Section 4193. 281.69 (1r) of the statutes is repealed.

SB21,4194 Section 4194. 281.69 (2) (title) of the statutes is amended to read:

SB21,1579,16 281.69 (2) (title) Amounts of grants and contracts.

SB21,4195 Section 4195. 281.69 (2) (c) of the statutes is repealed.

SB21,4196 Section 4196. 281.69 (6) of the statutes is repealed.

SB21,4197 Section 4197. 281.70 (4) (a) 3. of the statutes is amended to read:

SB21,1579,21 281.70 (4) (a) 3. Nonprofit conservation organizations, as defined in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,4198 Section 4198. 281.72 of the statutes is repealed.

SB21,4199 Section 4199. 281.75 (4) (b) 3. of the statutes is amended to read:

SB21,1579,25 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 36, 231, 233, 234, 235, or 237, or 238.

SB21,4200 Section 4200. Subchapter VII (title) of chapter 281 [precedes 281.81] of the statutes is amended to read:

SB21,1580,3 CHAPTER 281

SB21,1580,4 SUBCHAPTER VII

SB21,1580,5 GREAT LAKES REMEDIAL ACTION

SB21,4201 Section 4201. 281.87 of the statutes is amended to read:

SB21,1580,13 281.87 Great Lakes contaminated Contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior any waters of the state, if the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment.

SB21,4202 Section 4202. 281.96 of the statutes is amended to read:

SB21,1580,25 281.96 Visitorial powers of department. Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or an employee of the department. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have has power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, and compel the attendance of witnesses and the production of necessary or essential data.

SB21,4203 Section 4203. 283.35 (1m) (c) of the statutes is repealed.

SB21,4204 Section 4204. 285.11 (6) (intro.) of the statutes is amended to read:

SB21,1581,12 285.11 (6) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement, and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board secretary or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

SB21,4205 Section 4205. 285.59 (1) (b) of the statutes is amended to read:

SB21,1581,23 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin System Authority, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Wisconsin Health and Educational Facilities Authority.