AB133-ASA1,1237,259
281.16
(3) (e) An owner or operator of an agricultural facility or practice that
10is in existence before October 14, 1997, may not be required by this state or a
11municipality to comply with the performance standards, prohibitions, conservation
12practices or technical standards under this subsection unless cost-sharing is
13available, under
sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner
14or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1),
1592.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate
16rules that specify criteria for determining whether cost-sharing is available under
17sub. (5) or s. 281.65 and the department of agriculture, trade and consumer
18protection shall promulgate rules that specify criteria for determining whether
19cost-sharing is available under s. 92.14 or from any other source. The rules may not
20allow a determination that cost-sharing is available to meet local regulations under
21s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the
22performance standards, prohibitions, conservation practices or technical standards
23under this subsection unless the cost-sharing is at least 70% of the cost of compliance
24or is from 70% to 90% of the cost of compliance in cases of economic hardship, as
25defined in the rules.
AB133-ASA1,1238,92
281.16
(4) Application to animal feeding operations. If the department issues
3a notice of discharge under ch. 283 for an animal feeding operation, the performance
4standards, prohibitions, conservation practices and technical standards under sub.
5(3) apply to the animal feeding operation, except that if the animal feeding operation
6is in existence before October 14, 1997, the performance standards, prohibitions,
7conservation practices and technical standards only apply if the department
8determines that cost-sharing is available to the owner or operator of the animal
9feeding operation under
sub. (5), s. 92.14 or 281.65 or from any other source.
AB133-ASA1,1239,212
281.57
(10r) Loan for replacement of a failed sequential batch reactor. 13Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium
, the
14department shall provide a loan of $770,000 to a municipality for all of the
15administrative, planning, design and construction costs incurred after January 1,
161997, for the replacement of a failed sequential batch reactor point source pollution
17abatement facility for which the department has issued written concurrence on or
18before March 26, 1999, that the construction of a new wastewater treatment plant
19is the most cost-effective option, and for which the municipality has on or before
20March 26, 1999, committed to work with the department towards securing
21reimbursement of the loan from the federal environmental protection agency under
2240 CFR 35.2032. The department may not charge any interest on the loan and may
23not require the municipality to repay the loan until the municipality receives a grant
24from the federal environmental protection agency for the replacement of the point
25source pollution abatement facility. If the federal environmental protection agency
1denies the grant or a portion of the grant, the department shall forgive the amount
2of the loan that exceeds the amount of the grant.
AB133-ASA1,1239,96
281.58
(6) (b) 1. Purchasing or refinancing the obligation of a municipality if
7the obligation was incurred to finance the cost of constructing a water pollution
8control project located in this state
and the obligation was initially incurred on or
9after May 17, 1988.
AB133-ASA1,1239,2115
281.58
(8) (a) 1. A person or municipality that has failed to substantially
16comply, as specified by the rules promulgated under sub. (2), with the terms of a
17federal or state grant or loan used to pay the costs of studies, investigations, plans,
18designs or construction associated with wastewater collection, transportation,
19treatment or disposal
or used to pay the cost of studies, investigations, plans, designs
20or construction associated with implementing a nonpoint source control
21management program.
AB133-ASA1,1240,523
281.58
(8) (h) Except as provided in par. (k), a municipality that is a violator
24of an effluent limitation at the time that the application for a treatment work project
25is approved under sub. (9m) may not receive financial assistance of a method
1specified under sub. (6) (b) 1.,
2., 3., 4. or 5. for that part of the treatment work project
2that is needed to correct the violation. This paragraph does not apply to a
3municipality that after May 17, 1988, is in compliance with a court or department
4order to correct a violation of the enforceable requirements of its ch. 283 permit, and
5that is applying for financial assistance under s. 281.59 (13) to correct that violation.
AB133-ASA1,1240,107
281.58
(8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the
8amount of subsidy necessary to reduce the interest rate on the loan from market rate
9to the interest rate that would have been charged on a loan to the municipality under
10sub. (6) (b) 4.
AB133-ASA1,1240,1413
281.58
(8e) (a) The type of project and the order in which it is listed under sub.
14(7) (b) 1. to
7. 6.
AB133-ASA1,1240,1816
281.58
(8s) Facility plan. A municipality seeking financial assistance for a
17project under this section
, except for a municipality seeking a capital cost loan, shall
18complete a facility plan as required by the department by rule.
AB133-ASA1,1240,2320
281.58
(9) (b) A municipality seeking financial assistance
, except for a
21municipality seeking a capital cost loan, for a project under the clean water fund
22program shall complete an environmental analysis sequence as required by the
23department by rule.
AB133-ASA1,1241,3
1281.58
(12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6.
and
27. and for those portions of projects under subd. 1. that are restricted by sub. (8) (b),
3(c), (f) or (h) is market interest rate.
AB133-ASA1,1241,86
281.58
(12) (f) The department and the department of administration jointly
7may request the joint committee on finance to take action under s. 13.101 (11) to
8modify the percentage of market interest rates established in par. (a) 1.
to or 3.
AB133-ASA1,1241,1310
281.59
(1) (d) (intro.) "Subsidy" means the amounts provided from the
11environmental improvement fund to clean water fund program, safe drinking water
12loan program
, urban storm water loan program and land recycling loan program
13projects for the following purposes:
AB133-ASA1,1241,1715
281.59
(1) (d) 1. To reduce the interest rate of clean water fund program, safe
16drinking water loan program
, urban storm water loan program and land recycling
17loan program loans from market rate to a subsidized rate.
AB133-ASA1,1241,2119
281.59
(1) (em) "Urban storm water loan program" means the program
20administered under s. 281.595, with financial management provided under this
21section.
AB133-ASA1,1241,2423
281.59
(1m) (c) There is established a private sewage system replacement and
24rehabilitation loan program, administered under s. 145.245 (12m).
AB133-ASA1,1242,3
1281.59
(1m) (d) There is established an urban storm water loan program,
2administered under s. 281.595, with financial management provided under this
3section.
AB133-ASA1,1242,65
281.59
(2) (a) Administer its responsibilities under this section and ss. 281.58,
6281.595, 281.60 and 281.61.
AB133-ASA1,1242,108
281.59
(2) (b) Cooperate with the department in administering the clean water
9fund program, the safe drinking water loan program
, the urban storm water loan
10program and the land recycling loan program.
AB133-ASA1,1242,1412
281.59
(3) (a) 1. An estimate of the wastewater treatment, safe drinking water
,
13urban storm water and land recycling project needs of the state for the 4 fiscal years
14of the next 2 biennia.
AB133-ASA1,1242,1816
281.59
(3) (a) 4. The extent to which the funding for the clean water fund
17program
, the urban storm water loan program and the safe drinking water loan
18program, in the environmental improvement fund, will be maintained in perpetuity.
AB133-ASA1,1243,320
281.59
(3) (a) 5. The most recent available audited financial statements of the
21past operations and activities of the clean water fund program, the safe drinking
22water loan program
, the urban storm water loan program and the land recycling loan
23program, the estimated environmental improvement fund capital available in each
24of the next 4 fiscal years for the clean water fund program
, the urban storm water
25loan program and the safe drinking water loan program, and the projected
1environmental improvement fund balance for the clean water fund program
, the
2urban storm water loan program and the safe drinking water loan program for each
3of the next 20 years given existing obligations and financial conditions.
AB133-ASA1,1243,85
281.59
(3) (a) 6s. An amount equal to the estimated present value of subsidies
6for all loans under the urban storm water loan program to be made during the
7biennium for which the biennial finance plan is prepared, discounted at a rate of 7%
8per year to the first day of that biennium.
AB133-ASA1,1243,1110
281.59
(3) (a) 7. A discussion of the assumptions made in calculating the
11amounts under subds. 6., 6e.
and, 6m
. and 6s.
AB133-ASA1,1243,1913
281.59
(3) (j) No later than November 1 of each odd-numbered year, the
14department of administration and the department jointly shall submit a report, to
15the building commission and committees as required under par. (bm), on the
16implementation of the amount established under sub. (3e) (b) as required under s.
17281.58 (9m) (e), and on the operations and activities of the clean water fund program,
18the safe drinking water loan program
, the urban storm water loan program and the
19land recycling loan program for the previous biennium.
AB133-ASA1, s. 2507
20Section
2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
AB133-ASA1,1243,2221
281.59
(3e) (b) 1. Equal to
$90,200,000 $85,200,000 during the
1997-99 221999-01 biennium.
AB133-ASA1,1243,2323
3. Equal to $1,000 for any biennium after the
1997-99
1999-01 biennium.
AB133-ASA1, s. 2508
24Section
2508. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1244,2
1281.59
(3m) (b) 1. Equal to
$4,500,000 $9,400,000 during the
1997-99
1999-01 2biennium.
AB133-ASA1,1244,33
2. Equal to $1,000 for any biennium after the
1997-99
1999-01 biennium.
AB133-ASA1, s. 2509
4Section
2509. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1244,65
281.59
(3s) (b) 1. Equal to
$21,000,000 $5,200,000 during the
1997-99 1999-01 6biennium.
AB133-ASA1,1244,77
2. Equal to $1,000 for any biennium after the
1997-99
1999-01 biennium.
AB133-ASA1,1244,129
281.59
(3v) Urban storm water loan program expenditures. (a) No moneys
10may be expended for the urban storm water loan program in a biennium until the
11legislature reviews and approves all of the following as part of the biennial budget
12act for the biennium:
AB133-ASA1,1244,1513
1. An amount of present value of the subsidy for the urban storm water loan
14program that is specified for that biennium under par. (b) and is based on the amount
15included in the biennial finance plan under sub. (3) (a) 6s.
AB133-ASA1,1244,1716
2. The amount of public debt, authorized under s. 20.866 (2) (tc), that the state
17may contract for the purposes of the urban storm water loan program.
AB133-ASA1,1244,1918
(b) The amount of present value of the subsidy for the urban storm water loan
19program that is approved by the legislature under this paragraph is as follows:
AB133-ASA1,1244,2020
1. Equal to $4,500,000 during the 1999-01 biennium.
AB133-ASA1,1244,2121
2. Equal to $1,000 for any biennium after the 1999-01 biennium.
AB133-ASA1,1244,2422
(c) The department of administration may allocate amounts approved under
23par. (b) as the present value of subsidies for financial assistance under the urban
24storm water loan program.
AB133-ASA1,1245,5
1(d) Using the amount approved under par. (b) as a base, the department of
2administration shall calculate the present value of the actual subsidy of each urban
3storm water loan made for those projects in each biennium that are approved for
4financial assistance. The present value shall be discounted as provided under sub.
5(3) (a) 6s.
AB133-ASA1,1245,97
281.59
(4) (a) The clean water fund program
is a and the urban storm water
8loan program are revenue-producing
enterprise or program enterprises or
9programs, as defined in s. 18.52 (6).
AB133-ASA1,1245,1511
281.59
(4) (am) Deposits, appropriations or transfers to the environmental
12improvement fund for the purposes of the clean water fund program
or the urban
13storm water loan program may be funded with the proceeds of revenue obligations
14issued subject to and in accordance with subch. II of ch. 18 or in accordance with
15subch. IV of ch. 18 if designated a higher education bond.
AB133-ASA1,1245,2317
281.59
(4) (b) The department of administration may, under s.
18.56 (5) and (9)
18(j) 18.561 or 18.562, deposit in a separate and distinct fund in the state treasury or
19in an account maintained by a trustee outside the state treasury, any portion of the
20revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside
21the state treasury are the trustee's revenues in accordance with the agreement
22between this state and the trustee or in accordance with the resolution pledging the
23revenues to the repayment of revenue obligations issued under this subsection.
AB133-ASA1,1246,10
1281.59
(4) (c) The building commission may pledge any portion of revenues
2received or to be received in the fund established in par. (b) or the environmental
3improvement fund to secure revenue obligations issued under this subsection. The
4pledge shall provide for the transfer to the environmental improvement fund of all
5pledged revenues, including any interest earned on the revenues, which are in excess
6of the amounts required to be paid under s. 20.320 (1) (c) and (u) for the purposes of
7the clean water fund program
or the urban storm water loan program. The pledge
8shall provide that the transfers be made at least twice yearly, that the transferred
9amounts be deposited in the environmental improvement fund and that the
10transferred amounts are free of any prior pledge.
AB133-ASA1,1246,1912
281.59
(9) (a) A loan approved under the clean water fund program, the safe
13drinking water loan program
, the urban storm water loan program or the land
14recycling loan program shall be for no longer than 20 years, as determined by the
15department of administration, be fully amortized not later than 20 years after the
16original date of the
note financial assistance agreement, and require the repayment
17of principal and interest, if any, to begin not later than 12 months after the expected
18date of completion of the project that it funds, as determined by the department of
19administration.
