Wisconsin Legislature: 9,2521nm

9,2514 Section 2514. 281.60 (1) (c) of the statutes is repealed.

9,2515 Section 2515. 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. 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.

9,2516 Section 2516. 281.60 (2r) (a) of the statutes is amended to read:

281.60 (2r) (a) Making loans below the market interest rate for projects described in sub. (2).

9,2517 Section 2517. 281.60 (7) (c) of the statutes is amended to read:

281.60 (7) (c) The department of administration determines that the eligible applicant will meet the requirements of s. 281.59 (9) (b).

9,2518 Section 2518. 281.60 (8s) of the statutes is created to read:

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).

9,2519 Section 2519. 281.60 (11) of the statutes is amended to read:

281.60 (11) Loan interest rates. The department and the department of administration may not charge interest rate on a land recycling loan program loan shall be 55% of market interest rate.

9,2520 Section 2520. 281.60 (11m) of the statutes is amended to read:

281.60 (11m) Service fee. The department and the department of administration shall jointly charge and collect an annual service fee for reviewing and acting upon land recycling loan program applications and servicing financial assistance agreements. The fee shall be in addition to interest payments at the rate under sub. (11). For the 1997-99 fiscal biennium, the service fee shall be 0.5% of the loan balance. Fee amounts for later biennia shall be established in the biennial finance plan under s. 281.59 (3) (a) 8. The department and the department of administration shall specify in the biennial finance plan a fee designed to cover the costs of reviewing and acting upon land recycling loan program applications and servicing financial assistance agreements.

9,2521 Section 2521. 281.61 (8s) of the statutes is created to read:

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).

9,2521e Section 2521e. 281.65 (1) (d) of the statutes is amended to read:

281.65 (1) (d) Focus limited technical and financial resources in critical geographic locations through the selection of priority lakes and priority watersheds where nonpoint source related water quality problems and threats are the most severe and control is most feasible.

9,2521f Section 2521f. 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 technical assistance, educational and training assistance, ordinance development and administration, cost-sharing for management practices and capital improvements, plan preparation under par. (g), easements or other activities determined by the department to satisfy the requirements of this section. A grant may not be used for promotional items, except for promotional items that are used for informational purposes, such as brochures or videos.

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

281.65 (4) (g) (intro.) In cooperation with the department of agriculture, trade and consumer protection and the appropriate governmental unit, prepare priority watershed and priority lakes plans to implement nonpoint source water pollution abatement projects and storm water control activities described in sub. (8c) in priority watersheds and priority lake areas. In preparing the plans, the department shall:

9,2521i Section 2521i. 281.65 (4) (j) of the statutes is repealed.

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

281.65 (4) (pm) Jointly with the department of agriculture, trade and consumer protection, develop the forms required and implement the process under s. 92.14 (14).

9,2521m Section 2521m. 281.65 (4) (t) of the statutes is repealed.

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

281.65 (4c) (a) Beginning on July 1, 1998, a A governmental unit may request funding under this subsection for a project that is in a priority watershed project, a or priority lake project area or a nonpoint source water pollution abatement project that is not in a priority watershed or a priority lake area by submitting an application to the board department. An application shall be submitted before July 15 to be considered for initial funding in the following year.

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

281.65 (4c) (ae) The department shall administer this subsection in a manner that promotes the accelerated implementation of nonpoint source water pollution control that cannot be conducted with funding under s. 92.14 in target areas described in par. (am) 1. that are of the highest priority.

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

281.65 (4c) (am) The department may select a project for funding under this subsection only if all of the following apply:

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.