Wisconsin Legislature: 9,2525g

1. The project will implement nonpoint source pollution control in an area that is a target area based on any of the following:

a. The need for compliance with performance standards established by the department under s. 281.16 (2).

b. The existence of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

c. The existence of outstanding or exceptional resource waters, as designated by the department under s. 281.15.

d. The existence of threats to public health.

e. The existence of an animal feeding operation that has received a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge.

f. Other water quality concerns of national or statewide importance.

2. The project cannot be conducted with funding provided under s. 92.14.

3. The project is consistent with priorities identified by the department on a watershed or other geographic basis.

4. The project is consistent with approved land and water resource management plans under s. 92.10.

5. The application for the project specifies the watershed, subwatershed or specific site that will be served by the project.

9,2521np Section 2521np. 281.65 (4c) (b) of the statutes is amended to read:

281.65 (4c) (b) The department, in consultation with the department of agriculture, trade and consumer protection, shall use the system approved under par. (e) (d) to determine the score of each project for which the board it receives an application under par. (a) and shall inform the land and water conservation board of the scores no later than September 1 of each year.

9,2521nr Section 2521nr. 281.65 (4c) (c) of the statutes is amended to read:

281.65 (4c) (c) After receiving determining project scores under par. (b) and before, the department shall notify the land and water conservation board of the projects that the department proposes to select for funding in the following year. The board shall review the proposal and make recommendations to the department. Before November 1 of each year, the board department shall select projects for funding under this section subsection in the following year. To the extent practicable, within the requirements of this section, the board department shall select projects so that projects are distributed evenly around this state.

9,2521nt Section 2521nt. 281.65 (4c) (d) (intro.) of the statutes is amended to read:

281.65 (4c) (d) (intro.) No later than April 1, 1998, the The department, in consultation with the department of agriculture, trade and consumer protection, shall propose to the board adopt a scoring system for ranking nonpoint source water pollution abatement projects for which applications are submitted under par. (a). The criteria on which the scoring system is based shall include all of the following:

9,2521nv Section 2521nv. 281.65 (4c) (e) of the statutes is repealed.

9,2521p Section 2521p. 281.65 (4c) (f) of the statutes is created to read:

281.65 (4c) (f) A project funded under this subsection may be conducted over a period of one to 3 years, except that the department may approve an extension for one year.

9,2521q Section 2521q. 281.65 (4e) of the statutes is repealed.

9,2524m Section 2524m. 281.65 (8) (e) of the statutes is amended to read:

281.65 (8) (e) Except as provided in sub. (8c), grants Grants may only be used for implementing best management practices. Grants for implementing best management practices may only be used for implementing cost-effective best management practices specified under sub. (4) (e) unless an applicant demonstrates that the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

9,2524s Section 2524s. 281.65 (8) (k) of the statutes is repealed.

9,2525 Section 2525. 281.65 (8) (L) of the statutes is amended to read:

281.65 (8) (L) A grant may not be made to an individual if the department receives a certification under s. 49.855 (7) that the individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the individual provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

9,2525e Section 2525e. 281.65 (8c) of the statutes is repealed.

9,2525f Section 2525f. 281.65 (8d) of the statutes is renumbered 281.66 (6) and amended to read:

281.66 (6) Grants for campuses. The Notwithstanding subs. (3) and (4), the department may distribute a grant to the board of regents of the University of Wisconsin System 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 area, 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.

9,2525g Section 2525g. 281.66 of the statutes is created to read:

281.66 Urban nonpoint source water pollution abatement and storm water management program. (1) Definitions. In this section:

(a) "Governmental unit" has the meaning given in s. 281.65 (2) (am).

(b) "Nonpoint source" has the meaning given in s. 281.65 (2) (b).

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

(d) "Structural urban best management practices" has the meaning given in s. 281.65 (2) (d).

(e) "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.

(2) Administration. The department shall administer the program under this section in a manner that promotes all of the following:

(a) Management of urban storm water and runoff from existing and developing urban areas to achieve water quality standards, to minimize flooding and to protect groundwater.

(b) Coordination of urban nonpoint source management activities and the municipal storm sewer discharge permit program under s. 283.33.

(3) Eligibility. (a) The department may provide a cost-sharing grant for a project under this section only if all of the following apply:

1. The project is in an urban area.

2. The governmental unit with jurisdiction over the project area ensures adequate implementation of construction site pollution control, and of storm water management after development, for development and redevelopment of sites of one or more acres.

3. The project is consistent with nonpoint source performance standards under s. 281.16 (2).

4. The project is consistent with priorities identified by the department on a watershed or other geographic basis.

5. The application for the project specifies the watershed, subwatershed or specific site that will be served by the project.

(b) The department may provide financial assistance under this section for a project in a governmental unit either to that governmental unit or to another governmental unit that is required to control storm water discharges under s. 283.33.

(4) Financial assistance. (a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant may not exceed 70% of eligible costs. A cost-sharing grant may not exceed 50% of eligible costs.

(b) The department may award a local assistance grant for any of the following:

1. Storm water management for urban areas and for areas that are expected to become urban areas within 20 years.

2. Informational and educational activities related to nonpoint source water pollution control, construction site erosion control or storm water management.

3. Development, administration and enforcement of a construction site erosion control or storm water management ordinance.

4. Training of staff concerning nonpoint source water pollution control, construction site erosion control or storm water management.

5. Other activities identified by the department by rule.

1. Structural urban best management practices, including necessary land acquisition, storm sewer rerouting and removal of structures, and associated flood management, except that the department may not award a grant for structural urban best management practices associated with new construction or new development.

2. Stream bank or shoreland stabilization necessary to control pollution.

3. Other nonpoint source water pollution abatement or storm water management practices identified by the department by rule.

(5) Scoring system. The department shall use a scoring system for ranking nonpoint source water pollution abatement and storm water management projects for which applications are submitted under this section. The criteria on which the scoring system is based shall include all of the following:

(a) The extent to which the application proposes to use the cost-effective and appropriate practices to achieve water quality goals.

(b) The existence in the project area of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

(d) The local interest in and commitment to the project.

(e) The inclusion of a strategy to evaluate the progress toward reaching project goals, including the monitoring of water quality improvements resulting from project activities.

(f). The extent to which the application proposes to use available federal funding.

(g). The extent to which the project is necessary to enable the city of Racine to control storm water discharges as required under 33 USC 1342 (p).

9,2525r Section 2525r. 281.665 of the statutes is created to read:

281.665 Municipal flood control and riparian restoration program. (1) Definitions. In this section:

(a) "Conservation easement" has the meaning given in s. 700.40 (1) (a).

(b) "Local governmental unit" means a city, village, town or metropolitan sewerage district.

(2) Administration. The department shall administer the program under this section to provide financial assistance to local governmental units for facilities and structures for the collection and transmission of storm water and groundwater, including the purchase of perpetual flowage and conservation easement rights on land within floodways, and for the floodproofing of public and private structures that remain in the 100-year floodplain.

(3) Eligible applicants. (a) The department may provide a cost-sharing grant for a project that affects 2 or more local governmental units to one of the following:

1. One of the affected local governmental units upon application by all of the affected local governmental units.

2. A local governmental unit that has jurisdiction over the provision of storm water collection facilities for all of the affected local governmental units.

(c) The department may provide a cost-sharing grant for a project that affects one local governmental unit to that local governmental unit.

(4) Financial assistance. (a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant may not exceed 70% of eligible costs, including planning and design costs. A cost-sharing grant may not exceed 70% of eligible costs for construction and real estate acquisition.

(b) In any fiscal year, the department may not provide to any applicant more than 20% of the funding available under this section in the fiscal year.

(5) Eligibility and scoring criteria. (a) The department shall promulgate rules specifying eligibility criteria for projects under this section and for determining which eligible projects will receive financial assistance under this section.

(b) The department may not provide a cost-sharing grant for a project under this section if any of the following applies:

1. The project would transfer flooding downstream.

2. The project provides for the channelization of a stream or for lining a natural stream bed with concrete.

3. The project would accelerate upstream runoff.

(c) The department shall include all of the following in the criteria for determining which eligible projects will receive cost-sharing grants under this section:

1. The extent to which a project minimizes harm to existing beneficial functions of water bodies and wetlands.

2. The extent to which a project maintains aquatic and riparian environments.

3. The extent to which a project uses storm water retention and detention structures and natural storage.