AB188: Bill Text

AB188,11,22 25.17 (2) (d) Invest the clean water environmental improvement fund, and collect the principal and interest of all moneys loaned or invested from the clean water environmental improvement fund, as directed by the department of administration under s. 281.59 (2m). In making such investment, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent investment of the fund, including those set forth under ch. 881.

AB188, s. 30 Section 30. 25.43 (title) and (1) (intro.) of the statutes are amended to read:

AB188,12,3 25.43 (title) Clean water Environmental improvement fund. (1) (intro.) There is established a separate nonlapsible trust fund designated as the clean water environmental improvement fund, to consist of all of the following:

AB188, s. 31 Section 31. 25.43 (1) (am) of the statutes is created to read:

AB188,12,6 25.43 (1) (am) All capitalization grants provided by the federal government under 42 USC 300j-12.

AB188, s. 32 Section 32. 25.43 (1) (b) of the statutes is amended to read:

AB188,12,10 25.43 (1) (b) All state funds appropriated or transferred to the clean water environmental improvement fund to meet the requirements for state deposits under 33 USC 1382.

AB188, s. 33 Section 33. 25.43 (1) (bm) of the statutes is created to read:

AB188,12,14 25.43 (1) (bm) All state funds appropriated or transferred to the environmental improvement fund to meet the requirements for state deposits under 42 USC 300j-12.

AB188, s. 34 Section 34. 25.43 (1) (c) of the statutes is amended to read:

AB188,12,17 25.43 (1) (c) All other appropriations and transfers of state funds to the clean water environmental improvement fund.

AB188, s. 35 Section 35. 25.43 (1) (d) of the statutes is amended to read:

AB188,12,20 25.43 (1) (d) All gifts, grants and bequests to the clean water environmental improvement fund.

AB188, s. 36 Section 36. 25.43 (1) (e) of the statutes is amended to read:

AB188,12,24 25.43 (1) (e) All repayments of principal and payment of interest on loans made from the clean water environmental improvement fund and on obligations acquired by the department of administration under s. 281.59 (12).

AB188, s. 37 Section 37. 25.43 (1) (f) of the statutes is amended to read:

AB188,13,3 25.43 (1) (f) All moneys received by the clean water environmental improvement fund from the proceeds of the sale of general or revenue obligations under ch. 18 for the purpose of s. 20.866 (2) (tc) or (td) or 281.59 (4).

AB188, s. 38 Section 38. 25.43 (2) (a) of the statutes is amended to read:

AB188,13,8 25.43 (2) (a) There is established in the clean water environmental improvement fund a clean water fund program federal revolving loan fund account consisting of the capitalization grants under sub. (1) (a) and (b) and all repayments under sub. (1) (e) and (g) of capitalization grants under sub. (1) (a) and (b).

AB188, s. 39 Section 39. 25.43 (2) (am) of the statutes is created to read:

AB188,13,13 25.43 (2) (am) There is established in the environmental improvement fund a safe drinking water loan program federal revolving loan fund account consisting of the capitalization grants under sub. (1) (am) and (bm) and all repayments under sub. (1) (e) of capitalization grants under sub. (1) (am) and (bm).

AB188, s. 40 Section 40. 25.43 (2) (b) of the statutes is amended to read:

AB188,13,17 25.43 (2) (b) There is established in the clean water environmental improvement fund a state revolving loan fund account consisting of all moneys in the fund not included in accounts under par. (a), (am) or (c).

AB188, s. 41 Section 41. 25.43 (2) (c) of the statutes is amended to read:

AB188,13,24 25.43 (2) (c) The department of administration may establish and change accounts in the clean water environmental improvement fund other than those under pars. (a), (am) and (b). The department of administration shall consult the department of natural resources before establishing or changing an account that is needed to administer the program programs under s. ss. 281.58 and , 281.59 and 281.61.

AB188, s. 42 Section 42. 25.43 (3) of the statutes is amended to read:

AB188,14,5 25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the clean water environmental improvement fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s) and (t) and (2) (s), 20.370 (2) (mt) and, (mx) and (mz), (6) (mu) and, (mx) and (my) and (8) (mr), 20.505 (1) (v) and, (x) and (y), 281.58 and, 281.59 and 281.61.

AB188, s. 43 Section 43. 66.36 (intro.) of the statutes is amended to read:

AB188,14,11 66.36 (title) Municipal financing; clean water fund project program costs. (intro.) Subject to the terms and conditions of its financial assistance agreement, a municipality may repay financial assistance costs received from under the clean water fund program under ss. 281.58 and 281.59 by any lawful method, including any one of the following methods or any combination thereof:

AB188, s. 44 Section 44. 281.58 (1) (ai) of the statutes is created to read:

AB188,14,14 281.58 (1) (ai) "Clean water fund program" means the program administered under this section with financial management provided under s. 281.59.

AB188, s. 45 Section 45. 281.58 (1) (cg) of the statutes is amended to read:

AB188,14,18 281.58 (1) (cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 281.59 the clean water fund program.

AB188, s. 46 Section 46. 281.58 (2m) (a) of the statutes is amended to read:

AB188,14,21 281.58 (2m) (a) Administer its responsibilities under this section and s. 281.59 the clean water fund program.

AB188, s. 47 Section 47. 281.58 (3m) (a) of the statutes is amended to read:

AB188,14,25 281.58 (3m) (a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under this section and s. 281.59 the clean water fund program during the next biennium.

AB188, s. 48 Section 48. 281.58 (6) (a) (intro.) of the statutes is amended to read:

AB188,15,4 281.58 (6) (a) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 281.59 the clean water fund program for any of the following:

AB188, s. 49 Section 49. 281.58 (6) (b) (intro.) of the statutes is amended to read:

AB188,15,7 281.58 (6) (b) (intro.) The following methods of providing financial assistance may be used under this section and s. 281.59 the clean water fund program:

AB188, s. 50 Section 50. 281.58 (6) (b) 8. of the statutes is amended to read:

AB188,15,13 281.58 (6) (b) 8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under this section and s. 281.59 the clean water fund program.

AB188, s. 51 Section 51. 281.58 (7) (a) of the statutes is amended to read:

AB188,15,23 281.58 (7) (a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under this section and s. 281.59 the clean water fund program. The primary criteria for eligibility shall be water quality and public health. The rules for clean water fund projects funded from the account under s. 25.43 (2) (a) shall be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder. The rules for clean water fund projects funded from the account under s. 25.43 (2) (b) may be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

AB188, s. 52 Section 52. 281.58 (7) (b) (intro.) of the statutes is amended to read:

AB188,16,3 281.58 (7) (b) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 281.59 the clean water fund program for any of the following types of projects:

AB188, s. 53 Section 53. 281.58 (8) (a) (intro.) of the statutes is amended to read:

AB188,16,6 281.58 (8) (a) (intro.) The following are not eligible for financial assistance from the clean water fund under this section and s. 281.59 program:

AB188, s. 54 Section 54. 281.58 (8) (d) of the statutes is amended to read:

AB188,16,13 281.58 (8) (d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under this section and s. 281.59 the clean water fund program until it executes an agreement under s. 66.30 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.

AB188, s. 55 Section 55. 281.58 (8) (g) of the statutes is amended to read:

AB188,16,17 281.58 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 281.59 the clean water fund program for a project may not result in the municipality paying less than 30% of the cost of the project.

AB188, s. 56 Section 56. 281.58 (8) (i) of the statutes is amended to read:

AB188,16,21 281.58 (8) (i) After June 30, 1991, no municipality may receive for projects in a biennium an amount that exceeds 35.2% of the amount approved by the legislature under s. 281.59 (3) (d) (3e) (b) for that biennium.

AB188, s. 57 Section 57. 281.58 (8) (L) (intro.) of the statutes is amended to read:

AB188,17,2 281.58 (8) (L) (intro.) The total amount of capital cost loans made under this section and s. 281.59 the clean water fund program may not exceed $120,000,000, and no capital cost loan funds may be released under this section and s. 281.59 the clean water fund program until the secretary of administration has found in writing that all of the following facts have occurred:

AB188, s. 58 Section 58. 281.58 (9) (a) of the statutes is amended to read:

AB188,17,12 281.58 (9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the clean water fund program under this section and s. 281.59. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

AB188, s. 59 Section 59. 281.58 (9) (b) of the statutes is amended to read:

AB188,17,17 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 281.59 the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

AB188, s. 60 Section 60. 281.58 (9) (c) of the statutes is amended to read:

AB188,17,22 281.58 (9) (c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under this section and s. 281.59 the clean water fund program.

AB188, s. 61 Section 61. 281.58 (9) (e) of the statutes is amended to read:

AB188,18,8 281.58 (9) (e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

AB188, s. 62 Section 62. 281.58 (9) (f) of the statutes is amended to read:

AB188,18,11 281.58 (9) (f) The fees collected under par. (d) shall be credited to the clean water environmental improvement fund.

AB188, s. 63 Section 63. 281.58 (9m) (c) of the statutes is amended to read:

AB188,18,15 281.58 (9m) (c) The department may approve an application under par. (a) in a year only after the amount under s. 281.59 (3) (d) (3e) (b) for the biennium in which that year falls has been approved by the legislature under s. 281.59 (3) (d) (3e) (b).

AB188, s. 64 Section 64. 281.58 (9m) (e) of the statutes is amended to read:

AB188,18,21 281.58 (9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy is available under s. 281.59 (3) (d) (3e) (b) for the municipality's project, based on the calculation under s. 281.59 (3) (i) (3e) (f), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

AB188,18,25 2. If a sufficient amount of subsidy is not available under s. 281.59 (3) (d) (3e) (b) for the municipality's project when the department approves the application under subd. 1., the department shall place the project on a list for allocation when additional subsidy becomes available.

AB188, s. 65 Section 65. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

AB188,19,7 281.58 (9m) (f) (intro.) If the amount approved under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., all of the following apply:

AB188, s. 66 Section 66. 281.58 (9m) (g) of the statutes is amended to read:

AB188,19,11 281.58 (9m) (g) 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 (3) (d) (3e) (b).

AB188, s. 67 Section 67. 281.58 (12) (a) (intro.) of the statutes is amended to read:

AB188,19,16 281.58 (12) (a) (intro.) The types of projects for which municipalities may receive loans under this section and s. 281.59 the clean water fund program shall be classified as follows for the purpose of setting the percentage of market interest rates on loans funding such projects:

AB188, s. 68 Section 68. 281.58 (12) (c) 1. of the statutes is amended to read:

AB188,19,21 281.58 (12) (c) 1. The percentage of market interest rates established shall, to the extent possible, fully allocate the amount of public debt authorized under s. 20.866 (2) (tc), the amount authorized under s. 281.59 (3) (d) (3e) (b) and the amount of revenue obligations authorized under s. 281.59 (4) (f).

AB188, s. 69 Section 69. 281.58 (13) (b) (intro.) of the statutes is amended to read:

AB188,20,2 281.58 (13) (b) (intro.) A municipality with an application that is approved under sub. (9m) is eligible for financial hardship assistance for the project costs that are eligible under this section and s. 281.59 the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB188, s. 70 Section 70. 281.58 (13m) of the statutes is amended to read:

AB188,20,8 281.58 (13m) Minority business development and training program. (a) The department shall make grants to projects that are eligible for financial assistance under this section and s. 281.59 the clean water fund program and that are identified as being part of the minority business development and training program under s. 66.905 (2) (b).

AB188,20,13 (b) Grants provided under this subsection are not included for the purposes of determining under sub. (8) (i) the amount that a municipality may receive for projects under this section and s. 281.59 the clean water fund program. Grants awarded under this subsection are not considered for the purposes of sub. (9m) (e) or s. 281.59 (3) (d) (3e) (b).

AB188, s. 71 Section 71. 281.58 (14) (b) (intro.) of the statutes is amended to read:

AB188,20,17 281.58 (14) (b) (intro.) As a condition of receiving financial assistance under this section and s. 281.59 the clean water fund program, a municipality shall do all of the following:

AB188, s. 72 Section 72. 281.59 (title) of the statutes is amended to read:

AB188,20,20 281.59 (title) Clean water Environmental improvement fund program; financial management.