281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under sub. (5) or s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.
9,2487r
Section 2487r. 281.16 (4) of the statutes is amended to read:
281.16 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before October 14, 1997, the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.
9,2487t
Section 2487t. 281.16 (5) of the statutes is repealed.
9,2487x
Section 2487x. 281.165 of the statutes is created to read:
281.165 Compliance with water quality standards for wetlands. (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).
(2) Trempealeau County. Subsection (1) applies to an activity that meets all of the following requirements:
(a) The wetland area that will be affected by the activity is less than 15 acres in size.
(b) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.
(c) The site of the activity is within the corporate limits of a city on January 1, 1999.
(d) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.
(e) The site of the activity is located in Trempealeau County.
(3) Dunn County. (a) Subsection (1) applies to an activity that meets the requirements under sub. (2) (c) and (d) and all of the following requirements:
1. The wetland area that will be affected by the activity is no more than 4.2 acres in size.
2. The site of the activity is zoned for technology park use and is in the vicinity of a manufacturing facility.
3. The site of the activity is located in Dunn County.
(b) Before any person engages in the activity described in par. (a), the U.S. Army Corps of Engineers shall have issued a permit for the activity that contains a mitigation plan that requires the creation of at least 1.5 acres of wetland for each acre of wetland affected by the activity.
9,2490x
Section 2490x. 281.57 (10r) of the statutes is created to read:
281.57
(10r) Loan for replacement of a failed sequential batch reactor. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium
, the department shall provide a loan of $770,000 to a municipality for all of the administrative, planning, design and construction costs incurred after January 1, 1997, for the replacement of a failed sequential batch reactor point source pollution abatement facility for which the department has issued written concurrence on or before March 26, 1999, that the construction of a new wastewater treatment plant is the most cost-effective option, and for which the municipality has on or before March 26, 1999, committed to work with the department towards securing reimbursement of the loan from the federal environmental protection agency under
40 CFR 35.2032. The department may not charge any interest on the loan
and may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant or a portion of the grant, the department shall forgive the amount of the loan that exceeds the amount of the grant.
9,2490z
Section 2490z. 281.57 (10t) of the statutes is created to read:
281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $1,100,000 to the village of Marathon for the upgrading or replacement of a drinking water treatment plant. The department may not charge any interest on the loan. The department may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the upgrading or replacement of the drinking water treatment plant. If the federal environmental protection agency denies the grant or a portion of the grant, the village of Marathon shall repay the amount of the loan that exceeds the amount of the grant.
9,2491
Section
2491. 281.58 (1) (ae) of the statutes is repealed.
9,2492
Section
2492. 281.58 (6) (a) 4. of the statutes is repealed.
9,2493
Section
2493. 281.58 (6) (b) 1. of the statutes is amended to read:
281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred on or after May 17, 1988.
9,2494
Section
2494. 281.58 (6) (b) 2. of the statutes is repealed.
9,2495
Section
2495. 281.58 (7) (b) 3. of the statutes is repealed.
9,2495p
Section 2495p. 281.58 (7) (b) 5. of the statutes is repealed.
9,2496
Section
2496. 281.58 (7) (b) 7. of the statutes is repealed.
9,2496m
Section 2496m. 281.58 (8) (a) 1. of the statutes is amended to read:
281.58 (8) (a) 1. A person or municipality that has failed to substantially comply, as specified by the rules promulgated under sub. (2), with the terms of a federal or state grant or loan used to pay the costs of studies, investigations, plans, designs or construction associated with wastewater collection, transportation, treatment or disposal or used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program.
9,2497
Section
2497. 281.58 (8) (h) of the statutes is amended to read:
281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 283 permit, and that is applying for financial assistance under s. 281.59 (13) to correct that violation.
9,2498
Section
2498. 281.58 (8) (j) of the statutes is created to read:
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.
9,2499
Section
2499. 281.58 (8) (L) of the statutes is repealed.
9,2500
Section
2500. 281.58 (8e) (a) of the statutes is amended to read:
281.58 (8e) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. to 7. 6.
9,2501
Section
2501. 281.58 (8s) of the statutes is amended to read:
281.58 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.
9,2502
Section
2502. 281.58 (9) (b) of the statutes is amended to read:
281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.
9,2502v
Section 2502v. 281.58 (12) (a) 2. of the statutes is repealed.
9,2503
Section
2503. 281.58 (12) (a) 4. of the statutes is amended to read:
281.58 (12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6. and 7. and for those portions of projects under subd. 1. that are restricted by sub. (8) (b), (c), (f) or (h) is market interest rate.
9,2504
Section
2504. 281.58 (12) (a) 5. of the statutes is repealed.
9,2504e
Section 2504e. 281.58 (12) (f) of the statutes is amended to read:
281.58 (12) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates established in par. (a) 1. to or 3.
9,2504p
Section 2504p. 281.59 (1) (d) (intro.) of the statutes is amended to read:
281.59 (1) (d) (intro.) "Subsidy" means the amounts provided from the environmental improvement fund to clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program projects for the following purposes:
9,2504q
Section 2504q. 281.59 (1) (d) 1. of the statutes is amended to read:
281.59 (1) (d) 1. To reduce the interest rate of clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program loans from market rate to a subsidized rate.
9,2504r
Section 2504r. 281.59 (1) (em) of the statutes is created to read:
281.59 (1) (em) "Urban storm water loan program" means the program administered under s. 281.595, with financial management provided under this section.
9,2505
Section
2505. 281.59 (1m) (c) of the statutes is created to read:
281.59 (1m) (c) There is established a private sewage system replacement and rehabilitation loan program, administered under s. 145.245 (12m).
9,2506f
Section 2506f. 281.59 (1m) (d) of the statutes is created to read:
281.59 (1m) (d) There is established an urban storm water loan program, administered under s. 281.595, with financial management provided under this section.
9,2506g
Section 2506g. 281.59 (2) (a) of the statutes is amended to read:
281.59 (2) (a) Administer its responsibilities under this section and ss. 281.58, 281.595, 281.60 and 281.61.
9,2506h
Section 2506h. 281.59 (2) (b) of the statutes is amended to read:
281.59 (2) (b) Cooperate with the department in administering the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program.
9,2506i
Section 2506i. 281.59 (3) (a) 1. of the statutes is amended to read:
281.59 (3) (a) 1. An estimate of the wastewater treatment, safe drinking water, urban storm water and land recycling project needs of the state for the 4 fiscal years of the next 2 biennia.
9,2506j
Section 2506j. 281.59 (3) (a) 4. of the statutes is amended to read:
281.59 (3) (a) 4. The extent to which the funding for the clean water fund program, the urban storm water loan program and the safe drinking water loan program, in the environmental improvement fund, will be maintained in perpetuity.
9,2506k
Section 2506k. 281.59 (3) (a) 5. of the statutes is amended to read:
281.59 (3) (a) 5. The most recent available audited financial statements of the past operations and activities of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and
the land recycling loan program, the estimated environmental improvement fund capital available in each of the next 4 fiscal years for the clean water fund program, the urban storm water loan program and the safe drinking water loan program, and the projected environmental improvement fund balance for the clean water fund program, the urban storm water loan program and the safe drinking water loan program for each of the next 20 years given existing obligations and financial conditions.
9,2506L
Section 2506L. 281.59 (3) (a) 6s. of the statutes is created to read:
281.59 (3) (a) 6s. An amount equal to the estimated present value of subsidies for all loans under the urban storm water loan program to be made during the biennium for which the biennial finance plan is prepared, discounted at a rate of 7% per year to the first day of that biennium.
9,2506m
Section 2506m. 281.59 (3) (a) 7. of the statutes is amended to read:
281.59 (3) (a) 7. A discussion of the assumptions made in calculating the amounts under subds. 6., 6e. and
, 6m. and 6s.
9,2506q
Section 2506q. 281.59 (3) (j) of the statutes is amended to read:
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, the urban storm water loan program and the land recycling loan program for the previous biennium.
9,2507
Section
2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
281.59 (3e) (b) 1. Equal to $90,200,000 $85,200,000 during the 1997-99 1999-01 biennium.
3. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.
9,2508
Section
2508. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
281.59 (3m) (b) 1. Equal to $4,500,000
$9,400,000 during the 1997-99 1999-01 biennium.
2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.
9,2509
Section
2509. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
281.59 (3s) (b) 1. Equal to $21,000,000 $12,600,000 during the 1997-99 1999-01 biennium.
2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.
9,2509m
Section 2509m. 281.59 (3v) of the statutes is created to read:
281.59 (3v) Urban storm water loan program expenditures. (a) No moneys may be expended for the urban storm water loan program in a biennium until the legislature reviews and approves all of the following as part of the biennial budget act for the biennium:
1. An amount of present value of the subsidy for the urban storm water loan program that is specified for that biennium under par. (b) and is based on the amount included in the biennial finance plan under sub. (3) (a) 6s.
2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state may contract for the purposes of the urban storm water loan program.
(b) The amount of present value of the subsidy for the urban storm water loan program that is approved by the legislature under this paragraph is as follows:
1. Equal to $4,500,000 during the 1999-01 biennium.
