Amendment ASA1-AB133

AB133-ASA1,1236,21 (4) Reports. Not later than September 1, 2002, and annually thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the program under this section. The report shall specify the number of programs supported under sub. (3) (b) during the immediately preceding fiscal year and the purpose of each program. The report shall also specify any donations, grants or bequests to the department for the tobacco control program under this section.

AB133-ASA1, s. 2487 Section 2487. 281.01 (15) of the statutes is amended to read:

AB133-ASA1,1237,7 281.01 (15) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

AB133-ASA1, s. 2487p Section 2487p. 281.16 (3) (e) of the statutes is amended to read:

AB133-ASA1,1237,25 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under sub. (5) or s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB133-ASA1, s. 2487r Section 2487r. 281.16 (4) of the statutes is amended to read:

AB133-ASA1,1238,9 281.16 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before October 14, 1997, the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.

AB133-ASA1, s. 2487t Section 2487t. 281.16 (5) of the statutes is repealed.

AB133-ASA1, s. 2490x Section 2490x. 281.57 (10r) of the statutes is created to read:

AB133-ASA1,1239,2 281.57 (10r) Loan for replacement of a failed sequential batch reactor. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $770,000 to a municipality for all of the administrative, planning, design and construction costs incurred after January 1, 1997, for the replacement of a failed sequential batch reactor point source pollution abatement facility for which the department has issued written concurrence on or before March 26, 1999, that the construction of a new wastewater treatment plant is the most cost-effective option, and for which the municipality has on or before March 26, 1999, committed to work with the department towards securing reimbursement of the loan from the federal environmental protection agency under 40 CFR 35.2032. 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 replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant or a portion of the grant, the department shall forgive the amount of the loan that exceeds the amount of the grant.

AB133-ASA1, s. 2491 Section 2491. 281.58 (1) (ae) of the statutes is repealed.

AB133-ASA1, s. 2492 Section 2492. 281.58 (6) (a) 4. of the statutes is repealed.

AB133-ASA1, s. 2493 Section 2493. 281.58 (6) (b) 1. of the statutes is amended to read:

AB133-ASA1,1239,9 281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred on or after May 17, 1988.

AB133-ASA1, s. 2494 Section 2494. 281.58 (6) (b) 2. of the statutes is repealed.

AB133-ASA1, s. 2495 Section 2495. 281.58 (7) (b) 3. of the statutes is repealed.

AB133-ASA1, s. 2495p Section 2495p. 281.58 (7) (b) 5. of the statutes is repealed.

AB133-ASA1, s. 2496 Section 2496. 281.58 (7) (b) 7. of the statutes is repealed.

AB133-ASA1, s. 2496m Section 2496m. 281.58 (8) (a) 1. of the statutes is amended to read:

AB133-ASA1,1239,21 281.58 (8) (a) 1. A person or municipality that has failed to substantially comply, as specified by the rules promulgated under sub. (2), with the terms of a federal or state grant or loan used to pay the costs of studies, investigations, plans, designs or construction associated with wastewater collection, transportation, treatment or disposal or used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program.

AB133-ASA1, s. 2497 Section 2497. 281.58 (8) (h) of the statutes is amended to read:

AB133-ASA1,1240,5 281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 283 permit, and that is applying for financial assistance under s. 281.59 (13) to correct that violation.

AB133-ASA1, s. 2498 Section 2498. 281.58 (8) (j) of the statutes is created to read:

AB133-ASA1,1240,10 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. 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 municipality under sub. (6) (b) 4.

AB133-ASA1, s. 2499 Section 2499. 281.58 (8) (L) of the statutes is repealed.

AB133-ASA1, s. 2500 Section 2500. 281.58 (8e) (a) of the statutes is amended to read:

AB133-ASA1,1240,14 281.58 (8e) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. to 7. 6.

AB133-ASA1, s. 2501 Section 2501. 281.58 (8s) of the statutes is amended to read:

AB133-ASA1,1240,18 281.58 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.

AB133-ASA1, s. 2502 Section 2502. 281.58 (9) (b) of the statutes is amended to read:

AB133-ASA1,1240,23 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

AB133-ASA1, s. 2502v Section 2502v. 281.58 (12) (a) 2. of the statutes is repealed.

AB133-ASA1, s. 2503 Section 2503. 281.58 (12) (a) 4. of the statutes is amended to read:

AB133-ASA1,1241,3 281.58 (12) (a) 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.

AB133-ASA1, s. 2504 Section 2504. 281.58 (12) (a) 5. of the statutes is repealed.

AB133-ASA1, s. 2504e Section 2504e. 281.58 (12) (f) of the statutes is amended to read:

AB133-ASA1,1241,8 281.58 (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 in par. (a) 1. to or 3.

AB133-ASA1, s. 2504p Section 2504p. 281.59 (1) (d) (intro.) of the statutes is amended to read:

AB133-ASA1,1241,13 281.59 (1) (d) (intro.) "Subsidy" means the amounts provided from the environmental improvement fund to clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program projects for the following purposes:

AB133-ASA1, s. 2504q Section 2504q. 281.59 (1) (d) 1. of the statutes is amended to read:

AB133-ASA1,1241,17 281.59 (1) (d) 1. To reduce the interest rate of clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program loans from market rate to a subsidized rate.

AB133-ASA1, s. 2504r Section 2504r. 281.59 (1) (em) of the statutes is created to read:

AB133-ASA1,1241,21 281.59 (1) (em) "Urban storm water loan program" means the program administered under s. 281.595, with financial management provided under this section.

AB133-ASA1, s. 2505 Section 2505. 281.59 (1m) (c) of the statutes is created to read:

AB133-ASA1,1241,24 281.59 (1m) (c) There is established a private sewage system replacement and rehabilitation loan program, administered under s. 145.245 (12m).

AB133-ASA1, s. 2506f Section 2506f. 281.59 (1m) (d) of the statutes is created to read:

AB133-ASA1,1242,3 281.59 (1m) (d) There is established an urban storm water loan program, administered under s. 281.595, with financial management provided under this section.

AB133-ASA1, s. 2506g Section 2506g. 281.59 (2) (a) of the statutes is amended to read:

AB133-ASA1,1242,6 281.59 (2) (a) Administer its responsibilities under this section and ss. 281.58, 281.595, 281.60 and 281.61.

AB133-ASA1, s. 2506h Section 2506h. 281.59 (2) (b) of the statutes is amended to read:

AB133-ASA1,1242,10 281.59 (2) (b) Cooperate with the department in administering the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program.

AB133-ASA1, s. 2506i Section 2506i. 281.59 (3) (a) 1. of the statutes is amended to read:

AB133-ASA1,1242,14 281.59 (3) (a) 1. An estimate of the wastewater treatment, safe drinking water, urban storm water and land recycling project needs of the state for the 4 fiscal years of the next 2 biennia.

AB133-ASA1, s. 2506j Section 2506j. 281.59 (3) (a) 4. of the statutes is amended to read:

AB133-ASA1,1242,18 281.59 (3) (a) 4. The extent to which the funding for the clean water fund program, the urban storm water loan program and the safe drinking water loan program, in the environmental improvement fund, will be maintained in perpetuity.

AB133-ASA1, s. 2506k Section 2506k. 281.59 (3) (a) 5. of the statutes is amended to read:

AB133-ASA1,1243,3 281.59 (3) (a) 5. The most recent available audited financial statements of the past operations and activities of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program, the estimated environmental improvement fund capital available in each of the next 4 fiscal years for the clean water fund program, the urban storm water loan program and the safe drinking water loan program, and the projected environmental improvement fund balance for the clean water fund program, the urban storm water loan program and the safe drinking water loan program for each of the next 20 years given existing obligations and financial conditions.

AB133-ASA1, s. 2506L Section 2506L. 281.59 (3) (a) 6s. of the statutes is created to read:

AB133-ASA1,1243,8 281.59 (3) (a) 6s. An amount equal to the estimated present value of subsidies for all loans under the urban storm water loan program to be made during the biennium for which the biennial finance plan is prepared, discounted at a rate of 7% per year to the first day of that biennium.

AB133-ASA1, s. 2506m Section 2506m. 281.59 (3) (a) 7. of the statutes is amended to read:

AB133-ASA1,1243,11 281.59 (3) (a) 7. A discussion of the assumptions made in calculating the amounts under subds. 6., 6e. and, 6m . and 6s.

AB133-ASA1, s. 2506q Section 2506q. 281.59 (3) (j) of the statutes is amended to read:

AB133-ASA1,1243,19 281.59 (3) (j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the implementation of the amount established under sub. (3e) (b) as required under s. 281.58 (9m) (e), and on the operations and activities of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program for the previous biennium.

AB133-ASA1, s. 2507 Section 2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

AB133-ASA1,1243,22 281.59 (3e) (b) 1. Equal to $90,200,000 $85,200,000 during the 1997-99 1999-01 biennium.

AB133-ASA1,1243,23 3. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

AB133-ASA1, s. 2508 Section 2508. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

AB133-ASA1,1244,2 281.59 (3m) (b) 1. Equal to $4,500,000 $9,400,000 during the 1997-99 1999-01 biennium.

AB133-ASA1,1244,3 2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

AB133-ASA1, s. 2509 Section 2509. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

AB133-ASA1,1244,6 281.59 (3s) (b) 1. Equal to $21,000,000 $5,200,000 during the 1997-99 1999-01 biennium.

AB133-ASA1,1244,7 2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

AB133-ASA1, s. 2509m Section 2509m. 281.59 (3v) of the statutes is created to read:

AB133-ASA1,1244,12 281.59 (3v) Urban storm water loan program expenditures. (a) No moneys may be expended for the urban storm water loan program in a biennium until the legislature reviews and approves all of the following as part of the biennial budget act for the biennium:

AB133-ASA1,1244,15 1. An amount of present value of the subsidy for the urban storm water loan program that is specified for that biennium under par. (b) and is based on the amount included in the biennial finance plan under sub. (3) (a) 6s.

AB133-ASA1,1244,17 2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state may contract for the purposes of the urban storm water loan program.

AB133-ASA1,1244,19 (b) The amount of present value of the subsidy for the urban storm water loan program that is approved by the legislature under this paragraph is as follows:

AB133-ASA1,1244,20 1. Equal to $4,500,000 during the 1999-01 biennium.

AB133-ASA1,1244,21 2. Equal to $1,000 for any biennium after the 1999-01 biennium.

AB133-ASA1,1244,24 (c) The department of administration may allocate amounts approved under par. (b) as the present value of subsidies for financial assistance under the urban storm water loan program.

AB133-ASA1,1245,5 (d) Using the amount approved under par. (b) as a base, the department of administration shall calculate the present value of the actual subsidy of each urban storm water loan made for those projects in each biennium that are approved for financial assistance. The present value shall be discounted as provided under sub. (3) (a) 6s.

AB133-ASA1, s. 2509p Section 2509p. 281.59 (4) (a) of the statutes is amended to read:

AB133-ASA1,1245,9 281.59 (4) (a) The clean water fund program is a and the urban storm water loan program are revenue-producing enterprise or program enterprises or programs, as defined in s. 18.52 (6).

AB133-ASA1, s. 2509q Section 2509q. 281.59 (4) (am) of the statutes is amended to read:

AB133-ASA1,1245,15 281.59 (4) (am) Deposits, appropriations or transfers to the environmental improvement fund for the purposes of the clean water fund program or the urban storm water loan program may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18 or in accordance with subch. IV of ch. 18 if designated a higher education bond.

AB133-ASA1, s. 2510 Section 2510. 281.59 (4) (b) of the statutes is amended to read:

AB133-ASA1,1245,23 281.59 (4) (b) The department of administration may, under s. 18.56 (5) and (9) (j) 18.561 or 18.562, deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

AB133-ASA1, s. 2510d Section 2510d. 281.59 (4) (c) of the statutes is amended to read:

AB133-ASA1,1246,10 281.59 (4) (c) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (b) or the environmental improvement fund to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the environmental improvement fund of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.320 (1) (c) and (u) for the purposes of the clean water fund program or the urban storm water loan program. The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the environmental improvement fund and that the transferred amounts are free of any prior pledge.