SB21: Bill Text

SB21,4168 Section 4168. 281.61 (5) of the statutes is renumbered 281.61 (5) (a) and amended to read:

SB21,1574,14 281.61 (5) (a) After the department approves a local governmental unit's an engineering report submitted under sub. (4), the local governmental unit or private owner of a community water system or nonprofit noncommunity water system shall submit an application for safe drinking water financial assistance to the department. The applicant shall submit the application on or before the June 30 preceding the beginning of the fiscal year in which the applicant wishes to receive the financial assistance, except that if funds are available in a fiscal year after funding has been allocated under sub. (8) for all approved applications submitted before the June 30 preceding that fiscal year, the department of administration may allocate funding for approved applications submitted after June 30. 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.

SB21,4169 Section 4169. 281.61 (5) (b) of the statutes is created to read:

SB21,1574,22 281.61 (5) (b) The department of administration and the department jointly may charge and collect service fees, established by rule, which shall cover the estimated costs of reviewing and acting upon the application and servicing the financial assistance agreement. No service fee established by rule under this paragraph may be charged to or collected from an applicant for financial assistance under s. 281.59 (13). The fees collected under this paragraph shall be credited to the environmental improvement fund.

SB21,4170 Section 4170. 281.61 (6) of the statutes is amended to read:

SB21,1575,9 281.61 (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 applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection.

SB21,4171 Section 4171. 281.61 (7) (c) of the statutes is amended to read:

SB21,1575,12 281.61 (7) (c) The department of administration determines that the local governmental unit applicant will meet the requirements of s. 281.59 (9) (b).

SB21,4172 Section 4172. 281.61 (7) (d) of the statutes is repealed.

SB21,4173 Section 4173. 281.61 (8) (a) (intro.) of the statutes is renumbered 281.61 (8) (intro.) and amended to read:

SB21,1575,22 281.61 (8) (intro.) The department shall establish a funding list for each fiscal year that ranks projects of local governmental units applicants 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:

SB21,4174 Section 4174. 281.61 (8) (a) 1. of the statutes is renumbered 281.61 (8) (a).

SB21,4175 Section 4175. 281.61 (8) (a) 2. of the statutes is renumbered 281.61 (8) (bL) and amended to read:

SB21,1576,4 281.61 (8) (bL) In any biennium, no local governmental unit applicant may receive more than 25% of the funds that the department of administration projects will be available amount of financial assistance planned to be provided or committed for projects under this section for that biennium.

SB21,4176 Section 4176. 281.61 (8) (b) of the statutes is repealed.

SB21,4177 Section 4177. 281.61 (8m) (intro.) of the statutes is amended to read:

SB21,1576,9 281.61 (8m) Conditions of financial assistance for local governmental units. As a condition of receiving financial assistance under the safe drinking water loan program, a local governmental unit shall do all of the following:

SB21,4178 Section 4178. 281.61 (8p) of the statutes is created to read:

SB21,1576,14 281.61 (8p) Conditions of financial assistance for private owners. As a condition of receiving financial assistance under the safe drinking water loan program, a private owner of a community water system or nonprofit noncommunity water system shall do all of the following:

SB21,1576,16 (a) Demonstrate that there is adequate security for the repayment of the financial assistance.

SB21,1576,19 (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.

SB21,4179 Section 4179. 281.61 (8s) of the statutes is amended to read:

SB21,1576,24 281.61 (8s) Limitation on financial assistance. The amount of a payment under sub. (2r) (d) 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 local governmental unit under sub. (2r) (a).

SB21,4180 Section 4180. 281.61 (11) (a) 1. of the statutes is amended to read:

SB21,1577,3 281.61 (11) (a) 1. For a local governmental unit an applicant that does not meet financial eligibility criteria established by the department by rule, 55% of market interest rate.

SB21,4181 Section 4181. 281.61 (11) (a) 2. of the statutes is amended to read:

SB21,1577,7 281.61 (11) (a) 2. For a local governmental unit an applicant that meets financial eligibility criteria established by the department by rule, 33% of market interest rate.

SB21,4182 Section 4182. 281.61 (12) (g) of the statutes is amended to read:

SB21,1577,13 281.61 (12) (g) Have the lead state role with local governmental units and private owners of community water systems or nonprofit noncommunity water systems in providing safe drinking water loan program information, and cooperate with the department of administration in providing that information to local governmental units.

SB21,4183 Section 4183. 281.625 (1) (b) of the statutes is amended to read:

SB21,1577,17 281.625 (1) (b) "Local governmental unit" has the meaning given in s. 281.61 (1) (a) (am), except that the term does not include a joint local water authority created under s. 66.0823.

SB21,4184 Section 4184. 281.625 (2) of the statutes is amended to read:

SB21,1577,22 281.625 (2) The department, in consultation with the department of administration, shall promulgate rules for determining whether a loan is an eligible loan under s. 234.86 235.86 (3) for a loan guarantee under s. 234.86 235.86. The rules shall be consistent with 42 USC 300j-12.

SB21,4185 Section 4185. 281.625 (3) of the statutes is amended to read:

SB21,1578,2 281.625 (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. 234.86 235.86 (3) for the purposes of the loan guarantee program under s. 234.86 235.86.

SB21,4186 Section 4186. 281.625 (4) of the statutes is amended to read:

SB21,1578,7 281.625 (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. 234.933 235.933 to guarantee loans under s. 234.86 235.86.

SB21,4187 Section 4187. 281.625 (5) of the statutes is amended to read:

SB21,1578,11 281.625 (5) The department may contract with the Forward Wisconsin Housing and Economic Development Authority for the administration of the program under this section and s. 234.86 235.86.

SB21,4188 Section 4188. 281.65 (3) (at) of the statutes is amended to read:

SB21,1578,15 281.65 (3) (at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources board secretary.

SB21,4189 Section 4189. 281.66 (6) of the statutes is amended to read:

SB21,1578,25 281.66 (6) Grants for campuses. Notwithstanding subs. (3) and (4), the department may distribute a grant to the board of regents of the University of Wisconsin System Authority for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 283.33 and that is located in a priority watershed, as defined in s. 281.65 (2) (c), a priority lake area, as defined in s. 281.65 (2) (bs), or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 281.35 (1) (h), under the Great Lakes Water Quality Agreement.

SB21,4190 Section 4190. 281.68 (3) (a) 1. of the statutes is amended to read:

SB21,1579,7 281.68 (3) (a) 1. Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1) 23.09 (20m) (a) 3., counties, cities, towns, villages, qualified lake associations, town sanitary districts, qualified school districts, public inland lake protection and rehabilitation districts, and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management.

SB21,4191 Section 4191. 281.69 (title) of the statutes is amended to read:

SB21,1579,10 281.69 (title) Lake management and classification grants and contracts.

SB21,4192 Section 4192. 281.69 (1b) (bn) of the statutes is amended to read:

SB21,1579,13 281.69 (1b) (bn) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,4193 Section 4193. 281.69 (1r) of the statutes is repealed.

SB21,4194 Section 4194. 281.69 (2) (title) of the statutes is amended to read:

SB21,1579,16 281.69 (2) (title) Amounts of grants and contracts.

SB21,4195 Section 4195. 281.69 (2) (c) of the statutes is repealed.

SB21,4196 Section 4196. 281.69 (6) of the statutes is repealed.

SB21,4197 Section 4197. 281.70 (4) (a) 3. of the statutes is amended to read:

SB21,1579,21 281.70 (4) (a) 3. Nonprofit conservation organizations, as defined in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,4198 Section 4198. 281.72 of the statutes is repealed.

SB21,4199 Section 4199. 281.75 (4) (b) 3. of the statutes is amended to read:

SB21,1579,25 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 36, 231, 233, 234, 235, or 237, or 238.

SB21,4200 Section 4200. Subchapter VII (title) of chapter 281 [precedes 281.81] of the statutes is amended to read:

SB21,1580,3 CHAPTER 281

SB21,1580,4 SUBCHAPTER VII

SB21,1580,5 GREAT LAKES REMEDIAL ACTION

SB21,4201 Section 4201. 281.87 of the statutes is amended to read:

SB21,1580,13 281.87 Great Lakes contaminated Contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior any waters of the state, if the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment.

SB21,4202 Section 4202. 281.96 of the statutes is amended to read:

SB21,1580,25 281.96 Visitorial powers of department. Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or an employee of the department. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have has power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, and compel the attendance of witnesses and the production of necessary or essential data.

SB21,4203 Section 4203. 283.35 (1m) (c) of the statutes is repealed.

SB21,4204 Section 4204. 285.11 (6) (intro.) of the statutes is amended to read:

SB21,1581,12 285.11 (6) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement, and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board secretary or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

SB21,4205 Section 4205. 285.59 (1) (b) of the statutes is amended to read:

SB21,1581,23 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin System Authority, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Wisconsin Health and Educational Facilities Authority.

SB21,4206 Section 4206. 285.85 (1) of the statutes is amended to read:

SB21,1582,8 285.85 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board department shall affirm, modify, or set aside the order of the secretary.

SB21,4207 Section 4207. 287.03 (1) (c) of the statutes is amended to read:

SB21,1582,12 287.03 (1) (c) Coordinate research, technical assistance and education programs under this chapter with related activities of the University of Wisconsin System Authority.

SB21,4208 Section 4208. 287.22 (2) (d) of the statutes is amended to read:

SB21,1582,16 287.22 (2) (d) Advise the department and the University of Wisconsin System Authority concerning educational efforts and research related to solid waste reduction, recovery and recycling.

SB21,4209 Section 4209. 289.68 (7) of the statutes is amended to read:

SB21,1582,22 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

SB21,4210 Section 4210. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB21,1583,2 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 238.13 235.13 (1) (a).

SB21,4211 Section 4211. 292.255 of the statutes is amended to read:

SB21,1583,8 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 238.13 235.13 (1) (a).

SB21,4212 Section 4212. 292.63 (3) (a) (intro.) of the statutes is amended to read:

SB21,1583,16 292.63 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

SB21,4213 Section 4213. 292.63 (3) (ac) of the statutes is created to read:

SB21,1583,21 292.63 (3) (ac) Sunset. 1. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not provide notification under par. (a) 3. concerning the discharge before February 3, 2015.