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).
55,4120
Section
4120. 281.58 (8) (i) of the statutes is amended to read:
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.
55,4121
Section
4121. 281.58 (8) (j) of the statutes is amended 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.
55,4122
Section
4122. 281.58 (9) (e) of the statutes is amended to read:
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.
55,4123
Section
4123. 281.58 (9m) (a) (intro.) of the statutes is amended to read:
281.58 (9m) (a) (intro.) Subject to pars. (c) and par. (d), the department shall approve an application after all of the following occur:
55,4124
Section
4124. 281.58 (9m) (c) of the statutes is repealed.
55,4125
Section
4125. 281.58 (9m) (e) 1. of the statutes is amended to read:
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.
55,4126
Section
4126. 281.58 (9m) (e) 2. of the statutes is amended to read:
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.
55,4127
Section
4127. 281.58 (9m) (f) (intro.) of the statutes is amended to read:
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:
55,4128
Section
4128. 281.58 (9m) (f) 1. of the statutes is amended to read:
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).
55,4129
Section
4129. 281.58 (9m) (fm) of the statutes is amended to read:
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.
55,4130
Section
4130. 281.58 (9m) (g) of the statutes is repealed.
55,4131
Section
4131. 281.58 (12) (a) 1. of the statutes is amended to read:
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. to 5. is 60 75 percent of market interest rate for projects for which the subsidy is was allocated from the amount under s. 281.59 (3e) (b), 2013 stats., for a biennium before the 2011-13 2015-17 biennium and 75 70 percent of market interest rate for projects for which the subsidy financial assistance is allocated from the amount under s. 281.59 (3e) (b) under this section for the
2011-13 2015-17 biennium or later.
55,4132m
Section 4132m. 281.58 (12) (a) 2. of the statutes is repealed.
55,4133m
Section 4133m. 281.58 (12) (a) 3. of the statutes is repealed.
55,4134
Section
4134. 281.58 (13m) (b) of the statutes is amended to read:
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).
55,4135
Section
4135. 281.58 (15) (a) of the statutes is amended to read:
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.
55,4136
Section
4136. 281.59 (1) (b) of the statutes is amended to read:
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.
55,4137
Section
4137. 281.59 (1) (d) of the statutes is repealed.
55,4139
Section
4139. 281.59 (3) (a) 2. of the statutes is amended to read:
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.
55,4140
Section
4140. 281.59 (3) (a) 6. of the statutes is repealed.
55,4141
Section
4141. 281.59 (3) (a) 6e. of the statutes is repealed.
55,4142
Section
4142. 281.59 (3) (a) 6m. of the statutes is repealed.
55,4143
Section
4143. 281.59 (3) (a) 7. of the statutes is repealed.
55,4144
Section
4144. 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 and the land recycling loan program for the previous biennium.
55,4145
Section
4145. 281.59 (3e) (a) of the statutes is repealed.
55,4146
Section
4146. 281.59 (3e) (b) of the statutes is repealed.
55,4147
Section
4147. 281.59 (3e) (c) of the statutes is repealed.
55,4148
Section
4148. 281.59 (3e) (d) of the statutes is amended to read:
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.
55,4149
Section
4149. 281.59 (3e) (e) of the statutes is amended to read:
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.
55,4150
Section
4150. 281.59 (3e) (f) of the statutes is repealed.
55,4151
Section
4151. 281.59 (3m) of the statutes is repealed.
55,4152
Section
4152. 281.59 (3s) of the statutes is repealed.
55,4152m
Section 4152m. 281.59 (4) (f) of the statutes is amended to read:
281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $2,708,900,000 $2,526,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.
55,4153
Section
4153. 281.59 (9) (am) of the statutes is amended to read:
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.
55,4154
Section
4154. 281.59 (11) (a) of the statutes is amended to read:
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.
55,4155
Section
4155. 281.60 (7) (d) of the statutes is repealed.
55,4156
Section
4156. 281.60 (8) (a) of the statutes is renumbered 281.60 (8).
55,4157
Section
4157. 281.60 (8) (b) of the statutes is repealed.
55,4158
Section
4158. 281.60 (8s) of the statutes is amended 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).
55,4159
Section
4159. 281.60 (12) (b) 3. of the statutes is amended to read:
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.
55,4160
Section
4160. 281.61 (1) (a) of the statutes is renumbered 281.61 (1) (am).
55,4161
Section
4161. 281.61 (1) (ag) of the statutes is created to read:
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.
55,4163
Section
4163. 281.61 (2) of the statutes is amended to read:
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 that serve local governmental units 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.
55,4164
Section
4164. 281.61 (2g) of the statutes is amended to read:
281.61
(2g) Ineligible projects. A local governmental unit
or the private owner of a community water system that serves a local governmental unit is not eligible for financial assistance under this section if the local governmental unit
or the private owner of the community water system that serves a local governmental unit 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 that serves a local governmental unit 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.
55,4165
Section
4165. 281.61 (2r) (b) of the statutes is amended to read:
281.61 (2r) (b) Purchasing or refinancing the obligation of a local governmental unit or private owner of a community water system that serves a local governmental unit 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.
55,4165m
Section 4165m. 281.61 (2r) (e) of the statutes is amended to read:
281.61
(2r) (e) Using funds received as federal capitalization grants under
42 USC 300j-12, any other method that is consistent with the federal program for safe drinking water state loan funds under
42 USC 300j-12 or any other federal law providing funding for or otherwise relating to that program
, except that funds received as federal capitalization grants may not be used to provide principal forgiveness to a private owner of a community water system.
55,4166
Section
4166. 281.61 (3) of the statutes is amended to read:
281.61 (3) Notice of intent to apply. (a) A local governmental unit or private owner of a community water system that serves a local governmental unit 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.
(c) The department may waive par. (a) upon the written request of a local governmental unit or private owner of a community water system that serves a local governmental unit.
55,4167
Section
4167. 281.61 (4) of the statutes is amended to read:
281.61 (4) Engineering report. A local governmental unit or private owner of a community water system that serves a local governmental unit seeking financial assistance for a project under this section shall submit an engineering report, as required by the department by rule.
55,4168
Section
4168. 281.61 (5) of the statutes is renumbered 281.61 (5) (a) and amended to read:
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 that serves a local governmental unit 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.
55,4169
Section
4169. 281.61 (5) (b) of the statutes is created to read:
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.
55,4170
Section
4170. 281.61 (6) of the statutes is amended to read:
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.
55,4171
Section
4171. 281.61 (7) (c) of the statutes is amended to read:
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).
55,4172
Section
4172. 281.61 (7) (d) of the statutes is repealed.
55,4173
Section
4173. 281.61 (8) (a) (intro.) of the statutes is renumbered 281.61 (8) (intro.) and amended to read:
