Amendment ASA1-AB188

AB188-ASA1,45,6 (2) General. The department and the department of administration shall administer a program to provide financial assistance to 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.

AB188-ASA1,45,13 (2g) Ineligible projects. A local governmental unit is not eligible for financial assistance under this section if the 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 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.

AB188-ASA1,45,16 (2r) Methods of providing financial assistance. The following methods of providing financial assistance may be used under the safe drinking water loan program:

AB188-ASA1,45,18 (a) Making loans below the market interest rate for projects described in sub. (2).

AB188-ASA1,45,21 (b) Purchasing or refinancing the obligation of 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.

AB188-ASA1,45,24 (c) Guaranteeing, or purchasing insurance for, obligations incurred to finance the cost of projects described in sub. (2) if the guarantee or insurance will provide credit market access or reduce interest rates.

AB188-ASA1,46,4 (d) Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to local governmental units under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under the safe drinking water loan program.

AB188-ASA1,46,9 (3) Notice of intent to apply. (a) 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 biennium 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.

AB188-ASA1,46,12 (b) If a local governmental unit does not apply for financial assistance by April 30 of the 2nd year following the year in which it submitted notice under par. (a), the local governmental unit shall submit a new notice under par. (a).

AB188-ASA1,46,14 (c) The department may waive par. (a) or (b) upon the written request of a local governmental unit.

AB188-ASA1,46,17 (4) Engineering report. 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.

AB188-ASA1,47,2 (5) Application. After the department approves a local governmental unit's engineering report submitted under sub. (4), the local governmental unit shall submit an application for safe drinking water financial assistance to the department. The applicant shall submit the application before the April 30 preceding the beginning of the fiscal year in which the applicant wishes to receive the financial assistance. 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.

AB188-ASA1,47,9 (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 that are most in need on a per household basis, according to affordability criteria specified in the rules.

AB188-ASA1,47,11 (7) Approval of application. The department shall approve an application received under sub. (5) after all of the following occur:

AB188-ASA1,47,12 (a) The project is ranked on the priority list under sub. (6).

AB188-ASA1,47,14 (b) The department determines that the project meets the eligibility requirements under this section.

AB188-ASA1,47,16 (c) The department of administration determines that the local governmental unit will meet the requirements of s. 281.59 (9) (b).

AB188-ASA1,47,18 (d) The legislature has approved an amount under s. 281.59 (3s) (b) 1. for the biennium.

AB188-ASA1,47,25 (8) Funding list; allocation of funding. (a) The department shall establish a funding list for each fiscal year that ranks projects of local governmental units 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:

AB188-ASA1,48,4 1. The department of administration shall allocate to projects for public water systems that regularly serve fewer than 10,000 persons 15% of the available funds in each fiscal year or such lesser amount that fully funds the eligible projects for those public water systems.

AB188-ASA1,48,6 2. In any biennium, no local governmental unit may receive more than 25% of the amount established under s. 281.59 (3s) (b) for that biennium.

AB188-ASA1,48,9 (b) 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 (3s) (b).

AB188-ASA1,48,12 (8m) Conditions of financial assistance. As a condition of receiving financial assistance under the safe drinking water loan program, a local governmental unit shall do all of the following:

AB188-ASA1,48,14 (a) Establish a dedicated source of revenue for the repayment of the financial assistance.

AB188-ASA1,48,17 (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.

AB188-ASA1,48,19 (c) Develop and adopt a program of water conservation as required by the department.

AB188-ASA1,48,22 (d) Develop and adopt a program of systemwide operation and maintenance of the public water system, including the training of personnel, as required by the department.

AB188-ASA1,48,23 (e) Develop and adopt a user fee system.

AB188-ASA1,49,6 (9) Financial assistance commitments. The department and the department of administration may, at the request of a local governmental unit, issue a notice of financial assistance commitment after the local governmental unit's application for safe drinking water financial assistance has been approved under sub. (7) and funding has been allocated under sub. (8) for the local governmental unit's project. The notice of financial assistance commitment shall specify the conditions that the local governmental unit must meet to secure financial assistance and shall include the estimated repayment schedules and other terms of the financial assistance.

AB188-ASA1,49,10 (10) Deadline for closing. If funding is allocated to a project under sub. (8) for a loan and the loan is not closed before April 30 of the year following the year in which funding is allocated, the department of administration shall release the funding allocated to the project.

AB188-ASA1,49,12 (11) Loan interest rates. (a) Except as provided under par. (b), the interest rate on a safe drinking water loan program loan shall be as follows:

AB188-ASA1,49,14 1. For a local governmental unit that does not meet financial eligibility criteria established by the department by rule, 55% of market interest rate.

AB188-ASA1,49,16 2. For a local governmental unit that meets financial eligibility criteria established by the department by rule, 33% of market interest rate.

AB188-ASA1,49,19 (b) 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 rate under par. (a) 1. or 2.

AB188-ASA1,49,20 (12) Duties of the department. The department shall do all of the following:

AB188-ASA1,49,22 (a) Promulgate rules establishing eligibility criteria for applicants and projects under this section.

AB188-ASA1,49,24 (b) Promulgate rules that are necessary for the execution of its responsibilities under the safe drinking water loan program.

AB188-ASA1,50,2 (c) Cooperate with the department of administration in administering the safe drinking water loan program.

AB188-ASA1,50,5 (d) By May 1 of each even-numbered year, prepare and submit to the department of administration a biennial needs list that includes all of the following information:

AB188-ASA1,50,8 1. A list of drinking water projects that the department estimates will apply for financial assistance under the safe drinking water loan program during the next biennium.

AB188-ASA1,50,10 2. The estimated cost and estimated construction schedule of each project on the list, and the total of the estimated costs of all projects on the list.

AB188-ASA1,50,11 3. The estimated rank of each project on the priority list under sub. (6).

AB188-ASA1,50,13 (e) Submit a biennial budget request under s. 16.42 for the safe drinking water loan program.

AB188-ASA1,50,15 (f) Have the lead state role with the federal environmental protection agency concerning the safe drinking water loan program.

AB188-ASA1,50,18 (g) Have the lead state role with local governmental units in providing safe drinking water loan program information, and cooperate with the department of administration in providing that information to local governmental units.

AB188-ASA1,50,21 (h) Inspect periodically safe drinking water loan program project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of the safe drinking water loan program.

AB188-ASA1,50,24 (13) Capitalization grant. The department may enter into an agreement under 42 USC 300j-12 (a), with the federal environmental protection agency to receive a capitalization grant for the safe drinking water loan program.

AB188-ASA1, s. 106m Section 106m. 281.62 of the statutes is created to read:

AB188-ASA1,51,1 281.62 Other drinking water quality activities. (1) In this section:

AB188-ASA1,51,4 (a) "Community water system" means a public water system that serves at least 15 service connections used by year-round residents of the area served by the public water system or that regularly serves at least 25 year-round residents.

AB188-ASA1,51,6 (b) "Noncommunity water system" means a public water system that is not a community water system.

AB188-ASA1,51,7 (c) "Public water system" has the meaning given in s. 281.61 (1) (c).

AB188-ASA1,51,10 (2) (a) With the approval of the department of administration, the department may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) for any of the following:

AB188-ASA1,51,15 1. Providing a loan to the owner of a community water system or a nonprofit noncommunity water system to acquire land or a conservation easement from a willing seller or grantor to protect the source water of the water system from contamination and to ensure compliance with national primary drinking water regulations under 42 USC 300g-1.

AB188-ASA1,51,17 2. Providing a loan to the owner of a community water system to do any of the following:

AB188-ASA1,51,22 a. Implement voluntary source water protection measures in areas delineated as provided in 42 USC 300j-13 in order to 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.

AB188-ASA1,51,24 b. Implement a program for source water quality protection partnerships as provided in 42 USC 300j-14.

AB188-ASA1,52,3 3. Assisting the owner of a public water system to develop the technical, managerial and financial capacity to comply with national primary drinking water regulations under 42 USC 300g-1.

AB188-ASA1,52,5 4. Delineating or assessing source water protection areas as provided under 42 USC 300j-13.

AB188-ASA1,52,7 5. Protecting wellhead areas from contamination as provided in 42 USC 300h-7.

AB188-ASA1,52,11 (b) In any fiscal year, the department may not expend under par. (a) more than 15% of the funds provided under 42 USC 300j-12 in that fiscal year. In any fiscal year, the department may not expend under par. (a) 1., 2., 3., 4. or 5. more than 10% of the funds provided under 42 USC 300j-12 in that fiscal year.

AB188-ASA1,52,14 (3) (a) With the approval of the department of administration, the department may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) for any of the following:

AB188-ASA1,52,15 1. Public water system supervision as provided in 42 USC 300j-2 (a).

AB188-ASA1,52,16 2. Technical assistance concerning source water protection.

AB188-ASA1,52,18 3. Developing and implementing a capacity development strategy required under 42 USC 300g-9 (c).

AB188-ASA1,52,19 4. Operator certification required under 42 USC 300g-8.

AB188-ASA1,52,21 (b) In any fiscal year, the department may not expend under par. (a) more than 10% of the funds provided under 42 USC 300j-12 in that fiscal year.

AB188-ASA1,53,2 (4) With the approval of the department of administration, the department may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to provide technical assistance to public water systems serving 10,000 or fewer persons. In any fiscal year, the department may not expend under this subsection more than 2% of the funds provided under 42 USC 300j-12 in that fiscal year.

AB188-ASA1, s. 117 Section 117. 281.625 of the statutes is created to read:

AB188-ASA1,53,4 281.625 Drinking water loan guarantee program. (1) In this section:

AB188-ASA1,53,7 (a) "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.

AB188-ASA1,53,8 (b) "Local governmental unit" has the meaning given in s. 281.61 (1) (a).

AB188-ASA1,53,10 (c) "Noncommunity water system" means a public water system that is not a community water system.

AB188-ASA1,53,11 (d) "Public water system" has the meaning given in s. 281.61 (1) (c).

AB188-ASA1,53,15 (2) The department, in consultation with the department of administration, shall promulgate rules for determining whether a loan is an eligible loan under s. 234.86 (3) for a loan guarantee under s. 234.86. The rules shall be consistent with 42 USC 300j-12.

AB188-ASA1,53,19 (3) The department shall determine whether a loan to the owner of a community water system or the nonprofit owner of a noncommunity water system is an eligible loan under s. 234.86 (3) for the purposes of the loan guarantee program under s. 234.86.

AB188-ASA1,53,23 (4) With the approval of the department of administration, the department of natural resources may transfer funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933 to guarantee loans under s. 234.86.

AB188-ASA1, s. 118 Section 118. 292.01 (18) of the statutes is amended to read:

AB188-ASA1,54,2 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

AB188-ASA1, s. 119 Section 119. 292.31 (2) (f) of the statutes is repealed.

AB188-ASA1, s. 120 Section 120. 292.35 (1) (f) of the statutes is amended to read:

AB188-ASA1,54,7 292.35 (1) (f) "Site or facility" has the meaning given in s. 292.61 (1) (b) means an approved facility, an approved mining facility, a nonapproved facility, a waste site or any site where a hazardous substance is discharged on or after May 21, 1978.

AB188-ASA1, s. 121 Section 121. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and amended to read:

AB188-ASA1,54,15 292.35 (9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 292.21, a responsible party is liable for a portion of the costs, as determined under pars. (c) to (e), incurred by a political subdivision for remedial action in an agreement under sub. (5) or a recommendation under sub. (6) and for any related investigation. A right of action shall accrue to a political subdivision against the responsible party for costs listed in this subdivision paragraph.

AB188-ASA1, s. 122 Section 122. 292.35 (9) (b) 2. of the statutes is repealed.

AB188-ASA1, s. 123 Section 123. 292.61 of the statutes is repealed.

AB188-ASA1, s. 9137 Section 9137. Nonstatutory provisions.

AB188-ASA1,55,2 (1) Emergency rules for land recycling loan program. Before July 1, 1998, using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules required under section 281.60 (13) (b) and (c) of the statutes, as created by this act, for the period before the effective date of the permanent rules required under those provisions, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB188-ASA1,55,3 (End)