Amendment ASA1-AB100

AB100-ASA1, s. 3495m Section 3495m. 281.57 (10m) of the statutes is created to read:

AB100-ASA1,1465,16 281.57 (10m) Loan for modification or replacement of an innovative or alternative project. Notwithstanding subs. (2), (4) to (10) and (12), during the 1997-99 fiscal biennium, the department shall provide a loan of $1,300,000 to a municipality for the modification or replacement of a failed innovative or alternative point source pollution abatement facility for which the department issued written approval of eligibility under 40 CFR 35.2032 before December 10, 1996, and which requires additional construction to eliminate discharge of effluent to groundwater and to establish a new surface water outfall. 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 modification or replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant, the department shall forgive the loan.

AB100-ASA1, s. 2498 Section 2498. 281.58 (1) (ai) of the statutes is created to read:

AB100-ASA1,1465,19 281.58 (1) (ai) "Clean water fund program" means the program administered under this section with financial management provided under s. 281.59.

AB100-ASA1, s. 2499 Section 2499. 281.58 (1) (cg) of the statutes is amended to read:

AB100-ASA1,1465,23 281.58 (1) (cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 3497e Section 3497e. 281.58 (1) (cm) of the statutes is repealed.

AB100-ASA1, s. 2500 Section 2500. 281.58 (2m) (a) of the statutes is amended to read:

AB100-ASA1,1466,2 281.58 (2m) (a) Administer its responsibilities under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 2501 Section 2501. 281.58 (3m) (a) of the statutes is amended to read:

AB100-ASA1,1466,6 281.58 (3m) (a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under this section and s. 281.59 the clean water fund program during the next biennium.

AB100-ASA1, s. 2502 Section 2502. 281.58 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1466,10 281.58 (6) (a) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 281.59 the clean water fund program for any of the following:

AB100-ASA1, s. 2503 Section 2503. 281.58 (6) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1466,13 281.58 (6) (b) (intro.) The following methods of providing financial assistance may be used under this section and s. 281.59 the clean water fund program:

AB100-ASA1, s. 2504 Section 2504. 281.58 (6) (b) 8. of the statutes is amended to read:

AB100-ASA1,1466,19 281.58 (6) (b) 8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 2505 Section 2505. 281.58 (7) (a) of the statutes is amended to read:

AB100-ASA1,1467,4 281.58 (7) (a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under this section and s. 281.59 the clean water fund program. The primary criteria for eligibility shall be water quality and public health. The rules for clean water fund projects funded from the account under s. 25.43 (2) (a) shall be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder. The rules for clean water fund projects funded from the account under s. 25.43 (2) (b) may be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

AB100-ASA1, s. 2506 Section 2506. 281.58 (7) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1467,8 281.58 (7) (b) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 281.59 the clean water fund program for any of the following types of projects:

AB100-ASA1, s. 2507 Section 2507. 281.58 (8) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1467,11 281.58 (8) (a) (intro.) The following are not eligible for financial assistance from the clean water fund under this section and s. 281.59 program:

AB100-ASA1, s. 2508 Section 2508. 281.58 (8) (d) of the statutes is amended to read:

AB100-ASA1,1467,18 281.58 (8) (d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under this section and s. 281.59 the clean water fund program until it executes an agreement under s. 66.30 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.

AB100-ASA1, s. 2509 Section 2509. 281.58 (8) (g) of the statutes is amended to read:

AB100-ASA1,1467,22 281.58 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 281.59 the clean water fund program for a project may not result in the municipality paying less than 30% of the cost of the project.

AB100-ASA1, s. 2510 Section 2510. 281.58 (8) (i) of the statutes is amended to read:

AB100-ASA1,1468,3 281.58 (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 (3) (d) (3e) (b) for that biennium.

AB100-ASA1, s. 2511 Section 2511. 281.58 (8) (L) (intro.) of the statutes is amended to read:

AB100-ASA1,1468,9 281.58 (8) (L) (intro.) The total amount of capital cost loans made under this section and s. 281.59 the clean water fund program may not exceed $120,000,000, and no capital cost loan funds may be released under this section and s. 281.59 the clean water fund program until the secretary of administration has found in writing that all of the following facts have occurred:

AB100-ASA1, s. 3509m Section 3509m. 281.58 (8e) (cm) of the statutes is created to read:

AB100-ASA1,1468,12 281.58 (8e) (cm) A factor that gives higher priority than would otherwise be given to a project to serve more than one municipality if all of the following apply:

AB100-ASA1,1468,14 1. Each municipality to be served by the project has a population of 2,500 or less.

AB100-ASA1,1468,16 2. At least one of the municipalities to be served by the project has a wastewater treatment system that is unusable because of failures of the system.

AB100-ASA1,1468,18 3. The municipalities to be served by the project are submitting an application for a new joint treatment work.

AB100-ASA1,1468,20 4. At least one of the municipalities to be served by the treatment work has been ordered to upgrade a current system.

AB100-ASA1, s. 2512 Section 2512. 281.58 (8m) (a) of the statutes is amended to read:

AB100-ASA1,1469,2 281.58 (8m) (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 281.59 in a year no later than December 31 of the preceding year. A municipality shall submit the notice at least 6 months before the beginning of the fiscal year in which it will request to receive financial assistance. The notice shall be in a form prescribed by the department and the department of administration.

AB100-ASA1, s. 2513 Section 2513. 281.58 (8m) (b) of the statutes is repealed.

AB100-ASA1, s. 2514 Section 2514. 281.58 (8m) (c) of the statutes is amended to read:

AB100-ASA1,1469,6 281.58 (8m) (c) The department may waive par. (a) or (b) upon the written request of a municipality.

AB100-ASA1, s. 2515 Section 2515. 281.58 (9) (a) of the statutes is amended to read:

AB100-ASA1,1469,16 281.58 (9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the clean water fund program under this section and s. 281.59. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

AB100-ASA1, s. 2516 Section 2516. 281.58 (9) (am) of the statutes is amended to read:

AB100-ASA1,1469,21 281.58 (9) (am) A municipality may not submit more than one application under par. (a) for any single project in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.

AB100-ASA1, s. 2517 Section 2517. 281.58 (9) (b) of the statutes is amended to read:

AB100-ASA1,1470,2 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 281.59 the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

AB100-ASA1, s. 2518 Section 2518. 281.58 (9) (c) of the statutes is amended to read:

AB100-ASA1,1470,7 281.58 (9) (c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 2519 Section 2519. 281.58 (9) (e) of the statutes is amended to read:

AB100-ASA1,1470,18 281.58 (9) (e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., 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 only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

AB100-ASA1, s. 2520 Section 2520. 281.58 (9) (f) of the statutes is amended to read:

AB100-ASA1,1470,21 281.58 (9) (f) The fees collected under par. (d) shall be credited to the clean water environmental improvement fund.

AB100-ASA1, s. 2521 Section 2521. 281.58 (9m) (c) of the statutes is amended to read:

AB100-ASA1,1470,25 281.58 (9m) (c) The department may approve an application under par. (a) in a year only after the amount under s. 281.59 (3) (d) (3e) (b) for the biennium in which that year falls has been approved by the legislature under s. 281.59 (3) (d) (3e) (b).

AB100-ASA1, s. 2522 Section 2522. 281.58 (9m) (e) of the statutes is amended to read:

AB100-ASA1,1471,6 281.58 (9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy is available under s. 281.59 (3) (d) (3e) (b) for the municipality's project, based on the calculation under s. 281.59 (3) (i) (3e) (f), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

AB100-ASA1,1471,10 2. If a sufficient amount of subsidy is not available under s. 281.59 (3) (d) (3e) (b) for the municipality's project when the department approves the application under subd. 1., the department shall place the project on a list for allocation when additional subsidy becomes available.

AB100-ASA1, s. 2523 Section 2523. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

AB100-ASA1,1471,17 281.58 (9m) (f) (intro.) If the amount approved under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., all of the following apply:

AB100-ASA1, s. 2524 Section 2524. 281.58 (9m) (g) of the statutes is amended to read:

AB100-ASA1,1471,21 281.58 (9m) (g) In allocating subsidy under this subsection, the department of administration shall adhere to the amount approved by the legislature for each biennium under s. 281.59 (3) (d) (3e) (b).

AB100-ASA1, s. 2525 Section 2525. 281.58 (12) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1471,25 281.58 (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. is 55% of market interest rate.

AB100-ASA1,1472,3 2. 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) 5. is 65% of market interest rate.

AB100-ASA1,1472,6 3. 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) 4. is 70% of market interest rate.

AB100-ASA1,1472,9 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.

AB100-ASA1,1472,12 5. The interest rate for a planning and design project specified in sub. (7) (b) 3. shall be determined under subd. 1., 2., 3. or 4. based on the type of project for which the planning and design are undertaken.

AB100-ASA1, s. 2526 Section 2526. 281.58 (12) (c) (intro.), 1. and 2. of the statutes are repealed.

AB100-ASA1, s. 2527 Section 2527. 281.58 (12) (c) 3. of the statutes is renumbered 281.58 (12) (c) and amended to read:

AB100-ASA1,1472,18 281.58 (12) (c) The department, in establishing percentage of market interest rates, and the department of administration shall attempt to ensure that those rates do not result in any all of the following:

AB100-ASA1,1472,22 1. Beginning in fiscal year 1991, That increases in all state water pollution abatement general obligation debt service costs greater than do not exceed 4% annually in the fiscal year in which the rates are established and in the following fiscal year.

AB100-ASA1,1472,25 2. State That state water pollution abatement general obligation debt service costs are not greater than 50% of all general obligation debt service costs in the any fiscal year in which the rates are established and in any of the following 3 fiscal years.

AB100-ASA1, s. 2528 Section 2528. 281.58 (12) (f) of the statutes is amended to read:

AB100-ASA1,1473,5 281.58 (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 by rule for tier 1 and tier 2 projects in par. (a) 1. to 3.

AB100-ASA1, s. 2529 Section 2529. 281.58 (13) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1473,11 281.58 (13) (b) (intro.) A municipality with an application that is approved under sub. (9m) is eligible for financial hardship assistance for the project costs that are eligible under this section and s. 281.59 the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB100-ASA1, s. 3528m Section 3528m. 281.58 (13) (g) of the statutes is created to read:

AB100-ASA1,1473,16 281.58 (13) (g) 1. Except as provided in subd. 2., the department shall determine median household income by adjusting median household income as determined by the U.S. bureau of the census to reflect changes in household income since the most recent federal census.

AB100-ASA1,1473,22 2. For a town sanitary district that has a population, as indicated on the application for assistance under this section, of 2,500 or less and that has boundaries that are not contiguous with a town, the department may not use information from the federal census to determine median household income. For such a town sanitary district, the department shall determine median household income based on data obtained from a 3rd party and submitted by the town sanitary district.

AB100-ASA1, s. 2530 Section 2530. 281.58 (13m) of the statutes is amended to read:

AB100-ASA1,1474,3 281.58 (13m) Minority business development and training program. (a) The department shall make grants to projects that are eligible for financial assistance under this section and s. 281.59 the clean water fund program and that are identified as being part of the minority business development and training program under s.66.905 (2) (b) 560.036 (2m) (b) 2.

AB100-ASA1,1474,8 (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 this section and s. 281.59 the clean water fund program. Grants awarded under this subsection are not considered for the purposes of sub. (9m) (e) or s. 281.59 (3) (d) (3e) (b).

AB100-ASA1, s. 2531 Section 2531. 281.58 (14) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1474,12 281.58 (14) (b) (intro.) As a condition of receiving financial assistance under this section and s. 281.59 the clean water fund program, a municipality shall do all of the following:

AB100-ASA1, s. 2532 Section 2532. 281.59 (title) of the statutes is amended to read:

AB100-ASA1,1474,15 281.59 (title) Clean water Environmental improvement fund program; financial management.

AB100-ASA1, s. 2533 Section 2533. 281.59 (1) (a) of the statutes is renumbered 281.59 (1) (am).