SB77-SSA1,1498,1414
(e) Develop and adopt a user fee system.
SB77-SSA1,1498,22
15(9) Financial assistance commitments. The department and the department
16of administration may, at the request of a local governmental unit, issue a notice of
17financial assistance commitment after the local governmental unit's application for
18safe drinking water financial assistance has been approved under sub. (7) and
19funding has been allocated under sub. (8) for the local governmental unit's project.
20The notice of financial assistance commitment shall specify the conditions that the
21local governmental unit must meet to secure financial assistance and shall include
22the estimated repayment schedules and other terms of the financial assistance.
SB77-SSA1,1499,2
23(10) Deadline for closing. If funding is allocated to a project under sub. (8)
24for a loan and the loan is not closed before April 30 of the year following the year in
1which funding is allocated, the department of administration shall release the
2funding allocated to the project.
SB77-SSA1,1499,4
3(11) Loan interest rates. (a) Except as provided under par. (b), the interest
4rate on a safe drinking water loan program loan shall be as follows:
SB77-SSA1,1499,65
1. For a local governmental unit that does not meet financial eligibility criteria
6established by the department by rule, 55% of market interest rate.
SB77-SSA1,1499,87
2. For a local governmental unit that meets financial eligibility criteria
8established by the department by rule, 33% of market interest rate.
SB77-SSA1,1499,119
(b) The department and the department of administration jointly may request
10the joint committee on finance to take action under s. 13.101 (11) to modify the
11percentage of market interest rate under par. (a) 1. or 2.
SB77-SSA1,1499,12
12(12) Duties of the department. The department shall do all of the following:
SB77-SSA1,1499,1413
(a) Promulgate rules establishing eligibility criteria for applicants and projects
14under this section.
SB77-SSA1,1499,1615
(b) Promulgate rules that are necessary for the execution of its responsibilities
16under the safe drinking water loan program.
SB77-SSA1,1499,1817
(c) Cooperate with the department of administration in administering the safe
18drinking water loan program.
SB77-SSA1,1499,2119
(d) By May 1 of each even-numbered year, prepare and submit to the
20department of administration a biennial needs list that includes all of the following
21information:
SB77-SSA1,1499,2422
1. A list of drinking water projects that the department estimates will apply
23for financial assistance under the safe drinking water loan program during the next
24biennium.
SB77-SSA1,1500,2
12. The estimated cost and estimated construction schedule of each project on
2the list, and the total of the estimated costs of all projects on the list.
SB77-SSA1,1500,33
3. The estimated rank of each project on the priority list under sub. (6).
SB77-SSA1,1500,54
(e) Submit a biennial budget request under s. 16.42 for the safe drinking water
5loan program.
SB77-SSA1,1500,76
(f) Have the lead state role with the federal environmental protection agency
7concerning the safe drinking water loan program.
SB77-SSA1,1500,108
(g) Have the lead state role with local governmental units in providing safe
9drinking water loan program information, and cooperate with the department of
10administration in providing that information to local governmental units.
SB77-SSA1,1500,1311
(h) Inspect periodically safe drinking water loan program project construction
12to determine project compliance with construction plans and specifications approved
13by the department and the requirements of the safe drinking water loan program.
SB77-SSA1,1500,16
14(13) Capitalization grant. The department may enter into an agreement
15under
42 USC 300j-12 (a), with the federal environmental protection agency to
16receive a capitalization grant for the safe drinking water loan program.
SB77-SSA1,1500,18
18281.62 Other drinking water quality activities. (1) In this section:
SB77-SSA1,1500,2119
(a) "Community water system" means a public water system that serves at
20least 15 service connections used by year-round residents of the area served by the
21public water system or that regularly serves at least 25 year-round residents.
SB77-SSA1,1500,2322
(b) "Noncommunity water system" means a public water system that is not a
23community water system.
SB77-SSA1,1500,2424
(c) "Public water system" has the meaning given in s. 281.61 (1) (c).
SB77-SSA1,1501,3
1(2) (a) With the approval of the department of administration, the department
2may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) for
3any of the following:
SB77-SSA1,1501,84
1. Providing a loan to the owner of a community water system or a nonprofit
5noncommunity water system to acquire land or a conservation easement from a
6willing seller or grantor to protect the source water of the water system from
7contamination and to ensure compliance with national primary drinking water
8regulations under
42 USC 300g-1.
SB77-SSA1,1501,109
2. Providing a loan to the owner of a community water system to do any of the
10following:
SB77-SSA1,1501,1511
a. Implement voluntary source water protection measures in areas delineated
12as provided in
42 USC 300j-13 in order to facilitate compliance with national
13primary drinking water regulations under
42 USC 300g-1 or otherwise significantly
14further the health protection objectives of the Safe Drinking Water Act,
42 USC 300f 15to
300j-26.
SB77-SSA1,1501,1716
b. Implement a program for source water quality protection partnerships as
17provided in
42 USC 300j-14.
SB77-SSA1,1501,2018
3. Assisting the owner of a public water system to develop the technical,
19managerial and financial capacity to comply with national primary drinking water
20regulations under
42 USC 300g-1.
SB77-SSA1,1501,22214. Delineating or assessing source water protection areas as provided under
42
22USC 300j-13.
SB77-SSA1,1501,24235. Protecting wellhead areas from contamination as provided in
42 USC
24300h-7.
SB77-SSA1,1502,4
1(b) In any fiscal year, the department may not expend under par. (a) more than
215% of the funds provided under
42 USC 300j-12 in that fiscal year. In any fiscal
3year, the department may not expend under par. (a) 1., 2., 3., 4. or 5. more than 10%
4of the funds provided under
42 USC 300j-12 in that fiscal year.
SB77-SSA1,1502,7
5(3) (a) With the approval of the department of administration, the department
6may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) for
7any of the following:
SB77-SSA1,1502,881. Public water system supervision as provided in
42 USC 300j-2 (a).
SB77-SSA1,1502,99
2. Technical assistance concerning source water protection.
SB77-SSA1,1502,1110
3. Developing and implementing a capacity development strategy required
11under
42 USC 300g-9 (c).
SB77-SSA1,1502,12124. Operator certification required under
42 USC 300g-8.
SB77-SSA1,1502,1413
(b) In any fiscal year, the department may not expend under par. (a) more than
1410% of the funds provided under
42 USC 300j-12 in that fiscal year.
SB77-SSA1,1502,19
15(4) With the approval of the department of administration, the department
16may expend funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to
17provide technical assistance to public water systems serving 10,000 or fewer persons.
18In any fiscal year, the department may not expend under this subsection more than
192% of the funds provided under
42 USC 300j-12 in that fiscal year.
SB77-SSA1,1502,21
21281.625 Drinking water loan guarantee program. (1) In this section:
SB77-SSA1,1502,2422
(a) "Community water system" means a public water system that serves at
23least 15 service connections used by year-round residents or that regularly serves
24at least 25 year-round residents.
SB77-SSA1,1502,2525
(b) "Local governmental unit" has the meaning given in s. 281.61 (1) (a).
SB77-SSA1,1503,2
1(c) "Noncommunity water system" means a public water system that is not a
2community water system.
SB77-SSA1,1503,33
(d) "Public water system" has the meaning given in s. 281.61 (1) (c).
SB77-SSA1,1503,7
4(2) The department, in consultation with the department of administration,
5shall promulgate rules for determining whether a loan is an eligible loan under s.
6234.86 (3) for a loan guarantee under s. 234.86. The rules shall be consistent with
742 USC 300j-12.
SB77-SSA1,1503,11
8(3) The department shall determine whether a loan to the owner of a
9community water system or the nonprofit owner of a noncommunity water system
10is an eligible loan under s. 234.86 (3) for the purposes of the loan guarantee program
11under s. 234.86.
SB77-SSA1,1503,15
12(4) With the approval of the department of administration, the department of
13natural resources may transfer funds from the appropriation accounts under s.
1420.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933
15to guarantee loans under s. 234.86.
SB77-SSA1,1503,18
16(5) The department may contract with the Wisconsin Housing and Economic
17Development Authority for the administration of the program under this section and
18s. 234.86.
SB77-SSA1,1504,220
281.63
(4) (b)
Eligible projects. Only a project for construction necessary to
21abate combined sewer overflows identified in department-approved facilities plans
22as cost-effective and reasonably necessary for water quality improvements is
23eligible for financial assistance under the combined sewer overflow abatement
24financial assistance program, except that the department need not determine the
1cost-effectiveness of projects performed under a contract awarded under s.
66.905 2560.036 (2m).
SB77-SSA1,1504,74
281.65
(1) (d) Focus limited technical and financial resources in critical
5geographic locations through the selection of priority lakes
identified under sub. (4)
6(cd) and priority watersheds where nonpoint source related water quality problems
7are the most severe and control is most feasible.
SB77-SSA1,1504,219
281.65
(2) (a) "Best management practices" means practices, techniques or
10measures, except for
dredgings dredging, identified in areawide water quality
11management plans, which are determined to be
the most effective means of
12preventing or reducing pollutants generated from nonpoint sources, or from the
13sediments of inland lakes polluted by nonpoint sources, to a level compatible with
14water quality objectives established under this section and which do not have an
15adverse impact on fish and wildlife habitat. The practices, techniques or measures
16include land acquisition, storm sewer rerouting and the removal of structures
17necessary to install structural urban best management practices, facilities for the
18handling and treatment of milkhouse wastewater, repair of fences built using grants
19under this section and measures to prevent or reduce pollutants generated from
20mine tailings disposal sites for which the department has not approved a plan of
21operation under s. 289.30.
SB77-SSA1,1504,2423
281.65
(2) (be) "Priority lake" means any lake or group of lakes that are
24identified under sub. (3) (am)
or (4) (cm).
SB77-SSA1,1505,2
1281.65
(3) (a) Review the
lists submitted under sub. (4) (c) and (cd) and reports
2submitted under sub. (4) (c)
, (cd) and (cg).
SB77-SSA1,1505,54
281.65
(3) (am)
Designate Identify priority watersheds and priority lakes
5based on reports submitted under sub. (4) (c) and (cd)
as provided in sub. (3m).
SB77-SSA1,1505,167
281.65
(3m) (a) 1. No later than July 1, 1998, the board shall identify priority
8watersheds based on the list submitted under sub. (4) (c) and recommendations by
9the department and the department of agriculture, trade and consumer protection
10without regard to any priority watershed designations made before the board acts
11under this subdivision, except for priority watershed designations under sub. (4)
12(cm). The department and the department of agriculture, trade and consumer
13protection shall limit the number of watersheds that they recommend to the board
14to the number that they determine will enable the department to comply with sub.
15(4) (g) 9., assuming that the level of funding for the program under this section
16remains the same as on the effective date of this subdivision .... [revisor inserts date].
SB77-SSA1,1505,2117
2. If a watershed is designated as a priority watershed before the board acts
18under subd. 1. and the board does not identify the watershed as a priority watershed
19under subd. 1., the board shall terminate the watershed's designation as a priority
20watershed. This subdivision does not apply to priority watershed designations made
21under sub. (4) (cm).
SB77-SSA1,1505,2522
(b) 1. No later than July 1, 1998, the board shall identify priority lakes based
23on the list submitted under sub. (4) (cd) and recommendations by the department
24and the department of agriculture, trade and consumer protection without regard to
25any priority lake designations made before the board acts under this subdivision.
SB77-SSA1,1506,3
12. If a lake is designated as a priority lake before the board acts under subd.
21. and the board does not identify the lake as a priority lake under subd. 1., the board
3shall terminate the lake's designation as a priority lake.
SB77-SSA1,1506,64
(c) If the board terminates a priority watershed or priority lake designation
5under this subsection, the board shall direct the department to eliminate funding for
6the project in the former priority watershed or priority lake area.
SB77-SSA1,1506,107
(d) 1. If a watershed is designated as a priority watershed before the board acts
8under par. (a) 1. and the board identifies the watershed as a priority watershed under
9par. (a) 1., the board shall direct the department to continue funding for the project
10in the priority watershed.
SB77-SSA1,1506,1311
2. If a lake is designated as a priority lake before the board acts under par. (b)
121. and the board identifies the lake as a priority lake under par. (b) 1., the board shall
13direct the department to continue funding for the project in the priority lake area.
SB77-SSA1, s. 3579
14Section
3579. 281.65 (4) (c) of the statutes is repealed and recreated to read:
SB77-SSA1,1506,1915
281.65
(4) (c) Prepare a list of the watersheds in this state in order of the level
16of impairment of the waters in each watershed caused by nonpoint source pollution,
17taking into consideration the location of impaired water bodies that the department
18has identified to the federal environmental protection agency under
33 USC 1313 (d)
19(1) (A), and submit the list to the board no later than January 1, 1998.
SB77-SSA1, s. 3580
20Section
3580. 281.65 (4) (cd) of the statutes is repealed and recreated to read:
SB77-SSA1,1506,2521
281.65
(4) (cd) Prepare a list of the lakes in this state in order of the level of
22impairment of the waters in the lakes caused by nonpoint source pollution, taking
23into consideration the location of impaired water bodies that the department has
24identified to the federal environmental protection agency under
33 USC 1313 (d) (1)
25(A), and submit the list to the board no later than January 1, 1998.
SB77-SSA1,1507,42
281.65
(4) (dm) Establish water quality objectives
for each water basin and for
3each priority watershed and priority lake and identify the best management
4practices to achieve the water quality objectives.
SB77-SSA1,1507,226
281.65
(4) (e) Promulgate rules, in consultation with the department of
7agriculture, trade and consumer protection, as are necessary for the proper
8execution and administration of the program under this section. Before
9promulgating rules under this paragraph, the department shall submit the rules to
10the land and water conservation board for review under sub. (3) (at). The rules shall
11include standards and specifications concerning best management practices which
12are required for eligibility for cost-sharing grants under this section.
The standards
13and specifications shall be consistent with the performance standards, prohibitions,
14conservation practices and technical standards under s. 281.16. The department
15may waive the standards and specifications in exceptional cases.
The rules shall
16specify which best management practices are cost-effective best management
17practices. Only persons involved in the administration of the program under this
18section, persons who are grant recipients or applicants and persons who receive
19notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules
20promulgated under this paragraph. Any rule promulgated under this paragraph
21which relates or pertains to agricultural practices relating to animal waste handling
22and treatment is subject to s. 13.565.
SB77-SSA1,1508,424
281.65
(4) (em) In identifying best management practices under pars. (dm) and
25(g) 4., identify cost-effective best management practices, as specified under par. (e),
1except in situations in which the use of a cost-effective best management practice
2will not contribute to water quality improvement or will cause a water body to
3continue to be impaired as identified to the federal environmental protection agency
4under
33 USC 1313 (d) (1) (A).
SB77-SSA1,1508,146
281.65
(4) (f) Administer the distribution of grants and aids to governmental
7units for local administration and implementation of the program under this section.
8A grant awarded under this section may be used for technical assistance, educational
9and training assistance, ordinance development and administration, cost-sharing
10for management practices and capital improvements, plan preparation under par.
11(g), easements or other activities determined by the department to satisfy the
12requirements of this section.
A grant may not be used for promotional items, except
13for promotional items that are used for informational purposes, such as brochures
14or videos.
SB77-SSA1, s. 3584
15Section
3584. 281.65 (4) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,1508,2116
281.65
(4) (g) (intro.) In cooperation with the department of agriculture, trade
17and consumer protection and the appropriate governmental unit, prepare priority
18watershed and priority lakes plans to implement nonpoint source water pollution
19abatement projects and storm water control activities described in sub. (8c) in
20priority watersheds and priority lake areas
, as designated under sub. (3) (am) or (4)
21(cm). In preparing the plans, the department shall:
SB77-SSA1,1509,223
281.65
(4) (L) Before September 1 of each year, in consultation with the
24department of agriculture, trade and consumer protection, submit a budget report
25to the board that includes anticipated expenditures for projects under this section
1during the next year, criteria for ending projects under this section and, if anticipated
2expenditures exceed anticipated funding, a plan for reducing expenditures.