2015 Wisconsin Act 55

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:

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:

55,4174 Section 4174. 281.61 (8) (a) 1. of the statutes is renumbered 281.61 (8) (a).

55,4175 Section 4175. 281.61 (8) (a) 2. of the statutes is renumbered 281.61 (8) (bL) and amended to read:

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.

55,4176 Section 4176. 281.61 (8) (b) of the statutes is repealed.

55,4177 Section 4177. 281.61 (8m) (intro.) of the statutes is amended to read:

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

55,4178 Section 4178. 281.61 (8p) of the statutes is created to read:

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 that serves a local governmental unit shall do all of the following:

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

(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.

55,4179 Section 4179. 281.61 (8s) of the statutes is amended 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).

55,4180 Section 4180. 281.61 (11) (a) 1. of the statutes is amended to read:

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.

55,4181 Section 4181. 281.61 (11) (a) 2. of the statutes is amended to read:

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.

55,4182 Section 4182. 281.61 (12) (g) of the statutes is amended to read:

281.61 (12) (g) Have the lead state role with local governmental units and private owners of community water systems that serve a local governmental unit in providing safe drinking water loan program information, and cooperate with the department of administration in providing that information to local governmental units.

55,4183 Section 4183. 281.625 (1) (b) of the statutes is amended to read:

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.

55,4188t Section 4188t. 281.66 (4) (a) of the statutes is amended to read:

281.66 (4) (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 or cost-sharing grant may not exceed 50% of eligible costs.

55,4189d Section 4189d. 281.665 (4) (a) of the statutes is amended to read:

281.665 (4) (a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant may not exceed 70% 50 percent of eligible costs, including planning and design costs. A cost-sharing grant may not exceed 70% 50 percent of eligible costs for construction and real estate acquisition.

55,4203 Section 4203. 283.35 (1m) (c) of the statutes is repealed.

55,4203d Section 4203d. 283.83 (1) (intro.) of the statutes is amended to read:

283.83 (1) (intro.) The department shall establish a continuing water pollution control quality management planning process which is consistent with applicable state requirements. The continuing planning process shall result in plans for all waters of the state, which plans shall include:

55,4203f Section 4203f. 283.83 (1) (b) of the statutes is amended to read:

283.83 (1) (b) The incorporation of all elements of any applicable areawide waste water quality management plans, basin plans and statewide land use plans;

55,4203m Section 4203m. 283.83 (1m) of the statutes is created to read:

283.83 (1m) (a) The department shall approve or reject proposed revisions to the areawide water quality management plan for the area consisting of Dane County. The department shall base a decision under this paragraph on whether the proposed revision complies with the water quality standards under s. 281.15. The department may place conditions on its approval of a proposed revision to the plan.

(b) The department, or a person contracting with the department under par. (f), may not require information concerning a proposed revision to the areawide water quality management plan for the area consisting of Dane County other than information that is reasonably necessary to determine whether the proposed revision complies with water quality standards under s. 281.15.

(c) 1. Except as provided under subd. 2., the department shall approve or reject a proposed revision to the areawide water quality management plan for the area consisting of Dane County no later than the 90th day after the day on which the department, or a person contracting with the department under par. (f), receives the formal application for the proposed revision, including a letter from the applicant certifying that the proposed revision is consistent with water quality standards and information supporting the certification. If the department determines that the application is incomplete, the department shall notify the applicant in writing within 10 days after the department receives the application and may make only one request for additional information during the 90-day period under this subdivision.

2. If the department does not approve or reject a proposed revision to the areawide water quality management plan by the 90th day after the day on which the request is received, the revision is approved on the 120th day after the day on which the department receives the formal application for the revision, unless the department petitions the circuit court for an order extending the time to act on the proposed revision. The court may issue an order extending the time for the department to act on the proposed revision by an amount it determines is reasonable.

(d) The governor may not under 33 USC 1288 (a) (2) designate Dane County or any of its subunits, including the Dane County lakes and watershed commission, to develop the areawide water quality management plan for the area consisting of Dane County or to review proposed revisions to the plan.

(e) The department may not contract with Dane County or any of its subunits, including the Dane County lakes and watershed commission, to provide advisory services relating to the review of proposed revisions to the areawide water quality management plan for the area consisting of Dane County.

(f) Except as provided in par. (e), the department may contract with a regional planning commission or other entity to provide advisory services relating to the review of proposed revisions to the areawide water quality management plan for the area consisting of Dane County, but the department may not delegate its authority to approve or reject proposed revisions. The deadline under par. (c) 1. is not affected by a contract entered into under this paragraph.

55,4212 Section 4212. 292.63 (3) (a) (intro.) of the statutes is amended to read:

292.63 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

55,4213 Section 4213. 292.63 (3) (ac) of the statutes is created to read:

292.63 (3) (ac) Claim deadline; sunset. 1. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs for which the owner or operator or person does not submit a claim within 180 days after incurring the costs, or by the first day of the 7th month after the effective date of this subdivision .... [LRB inserts date], whichever is later.

2. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not provide notification under par. (a) 3. concerning the discharge before July 1, 20 17 .

3. An owner or operator or person owning a home oil tank system is not eligible for an award under this section if the owner or operator or person does not submit a claim for the costs before July 1, 2020.

55,4221b Section 4221b. 301.01 (1n) of the statutes is created to read:

301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4).

55,4222b Section 4222b. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4).

55,4223 Section 4223 . 301.025 of the statutes is amended to read:

301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, and the serious juvenile offender program under s. 938.538, and youth aids.

55,4224 Section 4224 . 301.025 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538.

55,4225 Section 4225. 301.03 (5h) of the statutes is amended to read:

301.03 (5h) Develop, with the assistance of the office division of state employment relations personnel management in the department of administration, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

55,4226b Section 4226b. 301.03 (9) of the statutes is amended to read:

301.03 (9) Supervise all persons placed under s. 938.183 in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed on departmental aftercare under s. 938.34 (4n) (a) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g).

55,4227b Section 4227b. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed on departmental aftercare under community supervision under s. 938.34 (4n) (a) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g).

55,4228 Section 4228. 301.03 (9r) of the statutes is repealed.

55,4229 Section 4229. 301.03 (10) (a) of the statutes is amended to read:

301.03 (10) (a) Execute the laws relating to the detention, reformation, and correction of delinquents delinquent juveniles placed under its jurisdiction.

55,4230 Section 4230. 301.03 (10) (b) of the statutes is amended to read:

301.03 (10) (b) Direct the aftercare of and supervise all delinquents Supervise all juveniles under its jurisdiction who have been adjudicated delinquent and exercise such functions as it deems the department considers appropriate for the prevention of delinquency.

55,4231 Section 4231. 301.03 (10) (c) of the statutes is amended to read:

301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children juveniles under its jurisdiction. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23 and, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.