AB100-ASA1,1464,1024
281.19
(2) (a) The department may issue special orders directing particular
25owners
to remedy violations of the safe drinking water program under s. 281.17 (8)
1and (9) or to secure such operating results toward the control of pollution of the
2waters of the state as the department prescribes, within a specified time. Pending
3efforts to comply with any order, the department may permit continuance of
4operations on such conditions as it prescribes. If any owner cannot comply with an
5order within the time specified, the owner may, before the date set in the order,
6petition the department to modify the order. The department may modify the order,
7specifying in writing the reasons therefor. If any order is not complied with within
8the time period specified, the department shall immediately notify the attorney
9general of this fact. Within 30 days thereafter, the attorney general shall forthwith
10commence an action under s. 299.95.
AB100-ASA1,1464,1412
281.22
(2m) Fee for expedited service. (a) The department, by rule, may
13charge a supplemental fee for a determination under sub. (1) that is in addition to
14the fee charged under sub. (1) if all of the following apply:
AB100-ASA1,1464,1715
1. The applicant requests in writing that the determination be issued within
16a time period that is shorter than the time limit promulgated under par. (b) for the
17determination.
AB100-ASA1,1464,1818
2. The department verifies that it will be able to comply with the request.
AB100-ASA1,1464,2019
(b) If the department promulgates a rule under par. (a), the rule shall contain
20for a time limit for making determinations under sub. (1).
AB100-ASA1,1465,222
281.48
(4s) (d) In addition to the license fee under par. (a) 1. or 2., the
23department shall collect from each licensee a groundwater fee of $50 if the license
24period begins before July 1, 1997, and $100 if the license period begins after June 30,
11997. The moneys collected under this paragraph shall be credited to the
2environmental fund for
groundwater environmental management.
AB100-ASA1,1465,164
281.57
(10m) Loan for modification or replacement of an innovative or
5alternative project. Notwithstanding subs. (2), (4) to (10) and (12), during the
61997-99 fiscal biennium, the department shall provide a loan of $1,300,000 to a
7municipality for the modification or replacement of a failed innovative or alternative
8point source pollution abatement facility for which the department issued written
9approval of eligibility under
40 CFR 35.2032 before December 10, 1996, and which
10requires additional construction to eliminate discharge of effluent to groundwater
11and to establish a new surface water outfall. The department may not charge any
12interest on the loan and may not require the municipality to repay the loan until the
13municipality receives a grant from the federal environmental protection agency for
14the modification or replacement of the point source pollution abatement facility. If
15the federal environmental protection agency denies the grant, the department shall
16forgive the loan.
AB100-ASA1,1465,1918
281.58
(1) (ai) "Clean water fund program" means the program administered
19under this section with financial management provided under s. 281.59.
AB100-ASA1,1465,2321
281.58
(1) (cg) "Market interest rate" means the interest at the effective rate
22of a revenue obligation issued by the state to fund a project loan or a portion of a
23project loan under
this section and s. 281.59 the clean water fund program.
AB100-ASA1,1466,2
1281.58
(2m) (a) Administer its responsibilities under
this section and s. 281.59 2the clean water fund program.
AB100-ASA1,1466,64
281.58
(3m) (a) A list of wastewater treatment projects that the department
5estimates will apply for financial assistance under
this section and s. 281.59 the
6clean water fund program during the next biennium.
AB100-ASA1,1466,108
281.58
(6) (a) (intro.) The department may determine whether a municipality
9is eligible for financial assistance under
this section and s. 281.59 the clean water
10fund program for any of the following:
AB100-ASA1, s. 2503
11Section
2503. 281.58 (6) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,1466,1312
281.58
(6) (b) (intro.) The following methods of providing financial assistance
13may be used under
this section and s. 281.59 the clean water fund program:
AB100-ASA1,1466,1915
281.58
(6) (b) 8. Providing payments to the board of commissioners of public
16lands to reduce principal or interest payments, or both, on loans made to
17municipalities under subch. II of ch. 24 by the board of commissioners of public lands
18for projects that are eligible for financial assistance under
this section and s. 281.59 19the clean water fund program.
AB100-ASA1,1467,421
281.58
(7) (a) The department shall, by rule, establish criteria for determining
22which applicants and which projects are eligible to receive financial assistance under
23this section and s. 281.59 the clean water fund program. The primary criteria for
24eligibility shall be water quality and public health. The rules for
clean water fund 25projects funded from the account under s. 25.43 (2) (a) shall be consistent with
33
1USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated
2thereunder. The rules for
clean water fund projects funded from the account under
3s. 25.43 (2) (b) may be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 4and the regulations promulgated thereunder.
AB100-ASA1,1467,86
281.58
(7) (b) (intro.) The department may determine whether a municipality
7is eligible for financial assistance under
this section and s. 281.59 the clean water
8fund program for any of the following types of projects:
AB100-ASA1,1467,1110
281.58
(8) (a) (intro.) The following are not eligible for financial assistance from
11the clean water fund
under this section and s. 281.59
program:
AB100-ASA1,1467,1813
281.58
(8) (d) An unsewered municipality that is not constructing a treatment
14work and will be disposing of wastewater in the treatment work of another
15municipality is not eligible for financial assistance under
this section and s. 281.59 16the clean water fund program until it executes an agreement under s. 66.30 with
17another municipality to receive, treat and dispose of the wastewater of the
18unsewered municipality.
AB100-ASA1,1467,2220
281.58
(8) (g) The sum of all of the financial assistance to a municipality
21approved under
this section and s. 281.59 the clean water fund program for a project
22may not result in the municipality paying less than 30% of the cost of the project.
AB100-ASA1,1468,3
1281.58
(8) (i) After June 30, 1991, no municipality may receive for projects
in
2a biennium an amount that exceeds 35.2% of the amount approved by the legislature
3under s. 281.59
(3) (d) (3e) (b) for that biennium.
AB100-ASA1,1468,95
281.58
(8) (L) (intro.) The total amount of capital cost loans made under
this
6section and s. 281.59 the clean water fund program may not exceed $120,000,000,
7and no capital cost loan funds may be released under
this section and s. 281.59 the
8clean water fund program until the secretary of administration has found in writing
9that all of the following facts have occurred:
AB100-ASA1,1468,1211
281.58
(8e) (cm) A factor that gives higher priority than would otherwise be
12given to a project to serve more than one municipality if all of the following apply:
AB100-ASA1,1468,1413
1. Each municipality to be served by the project has a population of 2,500 or
14less.
AB100-ASA1,1468,1615
2. At least one of the municipalities to be served by the project has a wastewater
16treatment system that is unusable because of failures of the system.
AB100-ASA1,1468,1817
3. The municipalities to be served by the project are submitting an application
18for a new joint treatment work.
AB100-ASA1,1468,2019
4. At least one of the municipalities to be served by the treatment work has been
20ordered to upgrade a current system.
AB100-ASA1,1469,222
281.58
(8m) (a) A municipality shall submit notice to the department of its
23intent to apply for financial assistance under this section and s. 281.59
in a year no
24later than December 31 of the preceding year. A municipality shall submit the notice
25at least 6 months before the beginning of the fiscal year in which it will request to
1receive financial assistance. The notice shall be in a form prescribed by the
2department and the department of administration.
AB100-ASA1,1469,65
281.58
(8m) (c) The department may waive par. (a)
or (b) upon the written
6request of a municipality.
AB100-ASA1,1469,168
281.58
(9) (a) After the department approves a municipality's facility plan
9submitted under sub. (8s), the municipality shall submit an application for
10participation to the department. The application shall be in such form and include
11such information as the department and the department of administration prescribe
12and shall include design plans and specifications that are approvable by the
13department under this chapter. The department shall review applications for
14participation in the
clean water fund program
under this section and s. 281.59. The
15department shall determine which applications meet the eligibility requirements
16and criteria under subs. (6), (7), (8), (8m) and (13).
AB100-ASA1,1469,2118
281.58
(9) (am) A municipality may not submit more than one application
19under par. (a)
for any single project in any 12-month period except that this
20paragraph does not apply to applications for financial assistance for additional costs
21of an approved project.
AB100-ASA1,1470,223
281.58
(9) (b) A municipality seeking financial assistance, except for a
24municipality seeking a capital cost loan, for a project under
this section and s. 281.59
1the clean water fund program shall complete an environmental analysis sequence
2as required by the department by rule.
AB100-ASA1,1470,74
281.58
(9) (c) If a municipality is serviced by more than one sewerage district
5for wastewater pollution abatement, each service area of the municipality shall be
6considered a separate municipality for purposes of obtaining financial assistance
7under
this section and s. 281.59 the clean water fund program.
AB100-ASA1,1470,189
281.58
(9) (e) If the governor's recommendation, as set forth in the executive
10budget bill, for the amount under s. 281.59
(3) (d)
(3e) (b), the amount available under
11s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85%
12or less of the amount of present value subsidy, general obligation bonding authority
13or revenue bonding authority, respectively, requested for that biennium in the
14biennial finance plan submitted under s. 281.59 (3) (bm) 1., the department shall
15inform municipalities that, if the governor's recommendations are approved, clean
16water fund
program assistance during a fiscal year of that biennium will only be
17available to municipalities that submit financial assistance applications by the June
1830 preceding that fiscal year.
AB100-ASA1,1470,2120
281.58
(9) (f) The fees collected under par. (d) shall be credited to the
clean
21water environmental improvement fund.
AB100-ASA1,1470,2523
281.58
(9m) (c) The department may approve an application under par. (a) in
24a year only after the amount under s. 281.59
(3) (d)
(3e) (b) for the biennium in which
25that year falls has been approved by the legislature under s. 281.59
(3) (d) (3e) (b).
AB100-ASA1,1471,62
281.58
(9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient
3amount of subsidy is available under s. 281.59
(3) (d)
(3e) (b) for the municipality's
4project, based on the calculation under s. 281.59
(3) (i) (3e) (f), when the department
5approves the application under par. (a), the department of administration shall
6allocate that amount to the project.
AB100-ASA1,1471,107
2. If a sufficient amount of subsidy is not available under s. 281.59
(3) (d) (3e)
8(b) for the municipality's project when the department approves the application
9under subd. 1., the department shall place the project on a list for allocation when
10additional subsidy becomes available.
AB100-ASA1, s. 2523
11Section
2523. 281.58 (9m) (f) (intro.) of the statutes is amended to read:
AB100-ASA1,1471,1712
281.58
(9m) (f) (intro.) If the amount approved under s. 281.59
(3) (d) (3e) (b),
13the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59
14(4) (f) for a biennium is 85% or less of the amount of present value subsidy, general
15obligation bonding authority or revenue bonding authority, respectively, requested
16for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1.,
17all of the following apply:
AB100-ASA1,1471,2119
281.58
(9m) (g) In allocating subsidy under this subsection, the department of
20administration shall adhere to the amount approved by the legislature for each
21biennium under s. 281.59
(3) (d) (3e) (b).
AB100-ASA1, s. 2525
22Section
2525. 281.58 (12) (a) of the statutes is repealed and recreated to read:
AB100-ASA1,1471,2523
281.58
(12) (a) 1. Except as modified under par. (f) and except as restricted by
24sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and
252. is 55% of market interest rate.
AB100-ASA1,1472,3
12. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c),
2(f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65% of market
3interest rate.
AB100-ASA1,1472,64
3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c),
5(f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70% of market
6interest rate.
AB100-ASA1,1472,97
4. The interest rate for projects specified in sub. (7) (b) 6. and 7. and for those
8portions of projects under subd. 1. that are restricted by sub. (8) (b), (c), (f) or (h) is
9market interest rate.
AB100-ASA1,1472,1210
5. The interest rate for a planning and design project specified in sub. (7) (b)
113. shall be determined under subd. 1., 2., 3. or 4. based on the type of project for which
12the planning and design are undertaken.
AB100-ASA1, s. 2526
13Section
2526. 281.58 (12) (c) (intro.), 1. and 2. of the statutes are repealed.
AB100-ASA1, s. 2527
14Section
2527. 281.58 (12) (c) 3. of the statutes is renumbered 281.58 (12) (c)
15and amended to read:
AB100-ASA1,1472,1816
281.58
(12) (c) The department
, in establishing percentage of market interest
17rates, and the department of administration shall attempt to ensure
that those rates
18do not result in any all of the following:
AB100-ASA1,1472,2219
1.
Beginning in fiscal year 1991, That increases in all state water pollution
20abatement general obligation debt service costs
greater than do not exceed 4%
21annually
in the fiscal year in which the rates are established and in the following
22fiscal year.
AB100-ASA1,1472,2523
2.
State That state water pollution abatement general obligation debt service
24costs
are not greater than 50% of all general obligation debt service costs in
the any 25fiscal year
in which the rates are established and in any of the following 3 fiscal years.
AB100-ASA1,1473,52
281.58
(12) (f) The department and the department of administration jointly
3may request the joint committee on finance to take action under s. 13.101 (11) to
4modify the percentage of market interest rates established
by rule for tier 1 and tier
52 projects in par. (a) 1. to 3.
AB100-ASA1, s. 2529
6Section
2529. 281.58 (13) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,1473,117
281.58
(13) (b) (intro.) A municipality with an application that is approved
8under sub. (9m) is eligible for financial hardship assistance for the project costs that
9are eligible under
this section and s. 281.59 the clean water fund program, except for
10costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the
11following criteria:
AB100-ASA1,1473,1613
281.58
(13) (g) 1. Except as provided in subd. 2., the department shall
14determine median household income by adjusting median household income as
15determined by the U.S. bureau of the census to reflect changes in household income
16since the most recent federal census.