281.58(8)(L)
(L) The total amount of capital cost loans made under this section and
s. 281.59 may not exceed $120,000,000, and no capital cost loan funds may be released under this section and
s. 281.59 until the secretary of administration has found in writing that all of the following facts have occurred:
281.58(8)(L)1.
1. The cities of Brookfield, Mequon, Muskego and New Berlin and the villages of Butler, Elm Grove, Germantown, Menomonee Falls and Thiensville have signed an agreement with a metropolitan sewerage district organized under
ss. 66.88 to
66.918, under which each municipality agrees to pay some portion of the amount of $120,000,000 authorized in this paragraph to the metropolitan sewerage district for the district's capital costs and the sum of the amount that each municipality agrees to pay equals at least $120,000,000.
281.58(8)(L)2.
2. The agreement in
subd. 1. has also been signed by the metropolitan sewerage district organized under
ss. 66.88 to
66.918.
281.58(8e)
(8e) Priority. The department shall establish a priority list in accordance with
33 USC 1381 to
1387 which ranks each project. The ranking on the priority list shall be based on all of the following:
281.58(8e)(b)
(b) The impact of the project on groundwater and surface water quality.
281.58(8m)(a)(a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and
s. 281.59 in a year no later than December 31 of the preceding year. The notice shall be in a form prescribed by the department and the department of administration.
281.58(8m)(b)
(b) If a municipality does not apply for financial assistance under this section and
s. 281.59 by December 31 of the 2nd year following the year in which it submitted notice under
par. (a), the municipality shall submit a new notice under
par. (a).
281.58(8m)(c)
(c) The department may waive
par. (a) or
(b) upon the written request of a municipality.
281.58(8s)
(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.
281.58(9)(a)(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 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).
281.58(9)(ae)
(ae) A municipality that submits an application under
par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.
281.58(9)(am)
(am) A municipality may not submit more than one application under
par. (a) in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.
281.58(9)(b)
(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 shall complete an environmental analysis sequence as required by the department by rule.
281.58(9)(c)
(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.
281.58(9)(d)
(d) 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).
281.58(9)(e)
(e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under
s. 281.59 (3) (d), 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 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.
281.58(9)(f)
(f) The fees collected under
par. (d) shall be credited to the clean water fund.
281.58(9m)
(9m) Acceptance of application; allocation of funding. 281.58(9m)(a)(a) Subject to
pars. (c) and
(d), the department shall approve an application after all of the following occur:
281.58(9m)(a)1.
1. The department determines that the project meets the eligibility requirements and criteria under
subs. (7),
(8),
(8m) and
(8s).
281.58(9m)(c)
(c) The department may approve an application under
par. (a) in a year only after the amount under
s. 281.59 (3) (d) for the biennium in which that year falls has been approved by the legislature under
s. 281.59 (3) (d).
281.58(9m)(d)
(d) The department may not approve an application under
par. (a) for a project that is not on the priority list under
sub. (8e).
281.58(9m)(e)1.1. Except as provided under
par. (f) and
sub. (13), if a sufficient amount of subsidy is available under
s. 281.59 (3) (d) for the municipality's project, based on the calculation under
s. 281.59 (3) (i), when the department approves the application under
par. (a), the department of administration shall allocate that amount to the project.
281.58(9m)(e)2.
2. If a sufficient amount of subsidy is not available under
s. 281.59 (3) (d) 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.
281.58(9m)(f)
(f) If the amount approved under
s. 281.59 (3) (d), 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:
281.58(9m)(f)1.
1. The department shall establish a funding list for each fiscal year of the biennium that ranks projects of municipalities that submit financial assistance applications under
sub. (9) (a) no later than the June 30 preceding the fiscal year in the same order that they appear on the priority list under
sub. (8e).
281.58(9m)(f)2.
2. The department of administration shall allocate funding to projects in the order in which they appear on the funding list under
subd. 1.
281.58(9m)(fm)
(fm) The department, in consultation with the department of administration, shall promulgate, by rule, methods to establish deadlines for actions that must be taken by a municipality to which subsidy has been allocated. The methods may provide for extending deadlines under specified circumstances. If a municipality fails to meet a deadline, including any extension, the department of administration shall release the amount of subsidy allocated to the municipality's project.
281.58(9m)(g)
(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).
281.58(11)(a)(a) Except as provided in
par. (b), the department of administration shall specify the method by which financial assistance is to be provided for each approved application.
281.58(11)(b)
(b) For municipalities meeting the financial hardship assistance requirements under
sub. (13), the department of natural resources may approve financial hardship assistance.
281.58(12)(a)(a) The types of projects for which municipalities may receive loans under this section and
s. 281.59 shall be classified as follows for the purpose of setting the percentage of market interest rates on loans funding such projects:
281.58(12)(a)4.
4. A planning and design project specified in
sub. (7) (b) 3. shall be classified under
subd. 1.,
2. or
3. based on the type of treatment work construction or replacement project for which the planning and design project is undertaken.
281.58(12)(c)
(c) The department shall establish, by rule, the percentage of market interest rates on loans for each tier of projects specified in
par. (a) 1.,
2. or
3., consistent with the following standards:
281.58(12)(c)1.
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) and the amount of revenue obligations authorized under
s. 281.59 (4) (f).
281.58(12)(c)2.
2. A different percentage of market interest rate shall be established for each tier of projects in
par. (a). Tier 3 projects shall receive market interest rate. Tier 1 projects shall receive a percentage of market interest rate that is lower than the percentage of market interest rate on tier 2 projects.
281.58(12)(c)3.
3. The department, in establishing percentage of market interest rates, shall attempt to ensure that those rates do not result in any of the following:
281.58(12)(c)3.a.
a. Beginning in fiscal year 1991, increases in all state water pollution abatement general obligation debt service costs greater than 4% annually in the fiscal year in which the rates are established and in the following fiscal year.
281.58(12)(c)3.b.
b. State water pollution abatement general obligation debt service costs greater than 50% of all general obligation debt service costs in the fiscal year in which the rates are established and in any of the following 3 fiscal years.
281.58(12)(f)
(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 by rule for tier 1 and tier 2 projects.
281.58(13)(b)(b) 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, except for costs to which
sub. (8) (b),
(c),
(f) or
(h) applies, if the municipality meets all of the following criteria:
281.58(13)(b)1.
1. The median household income in the municipality is 80% or less of the median household income in this state.
281.58(13)(b)2.
2. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2% of the median household income in the municipality without assistance under this subsection.
281.58(13)(c)
(c) The department shall provide assistance so that estimated total annual charges per residential user in the municipality that relate to wastewater treatment do not exceed 2% of the median household income in the municipality, if possible. The department may not reduce the amount of financial hardship assistance for a municipality's project due to the municipality receiving assistance for the project from another source unless the combination of financial hardship assistance plus the assistance from the other source would reduce the estimated total annual charges per residential user in the municipality that relate to wastewater treatment to less than 2% of the median household income in the municipality.
281.58(13)(d)
(d) The department shall establish a financial hardship assistance funding list for each fiscal year that ranks projects of municipalities that are eligible under
par. (b), and that submit complete financial assistance applications under
sub. (9) (a) no later than June 30 of the preceding fiscal year, in the same order that they appear on the priority list under
sub. (8e).
281.58(13)(e)
(e) In each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:
281.58(13)(e)2.
2. Assistance under
par. (b) for projects that were on a funding list under
par. (d) for a prior fiscal year, that have not previously received funding and that were in the top 20% of projects on the priority list under
sub. (8e) for the prior fiscal year, starting with projects on the funding list for the earliest fiscal year.
281.58(13)(e)3.
3. Assistance under
par. (b) for projects on the current fiscal year's funding list under
par. (d) in the order that they appear on the funding list.
281.58(13)(f)
(f) The department shall promulgate, by rule, a formula for estimating operating, maintenance and replacement costs for determining estimated wastewater treatment user charges under this subsection.
281.58(13m)
(13m) Minority business development and training program. 281.58(13m)(a)(a) The department shall make grants to projects that are eligible for financial assistance under this section and
s. 281.59 and that are identified as being part of the minority business development and training program under
s. 66.905 (2) (b).
281.58(13m)(b)
(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. Grants awarded under this subsection are not considered for the purposes of
sub. (9m) (e) or
s. 281.59 (3) (d).
281.58(14)
(14) Conditions of financial assistance. 281.58(14)(b)(b) As a condition of receiving financial assistance under this section and
s. 281.59, a municipality shall do all of the following:
281.58(14)(b)1.
1. Establish a dedicated source of revenue, that is acceptable to the department of administration under
s. 281.59 (9) (am) and
(b), for the repayment of any financial assistance.
281.58(14)(b)5.
5. Develop and adopt a program of water conservation as required by the department.
281.58(14)(b)6.
6. Develop and adopt a program of systemwide operation and maintenance of the treatment work, including the training of personnel, as required by the department.
281.58(14)(b)7.
7. Develop and adopt a system of equitable user charges to ensure that each recipient of treatment work services pays its proportionate share of the costs of the operation and maintenance of the treatment work. The user fee system shall be in compliance with
33 USC 1284 (b) and the regulations promulgated thereunder. The department may issue an exemption from the requirement imposed under this subdivision if a city or village imposes a system of equitable dedicated charges based upon assessed property values, if the city or village does not operate a treatment work but is served by a regional wastewater treatment plant operated by a metropolitan sewerage district created under
ss. 66.88 to
66.918 and if the user charges imposed by that district are approved by the department and comply with
33 USC 1284 (b). The department may provide that the system of user charges for a project with estimated construction costs of $750,000 or less need only cover the costs of debt service and equipment replacement funds.
281.58(15)(a)(a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after all of the following occur:
281.58(15)(a)1.
1. The department approves the municipality's application under
sub. (9m) (a) and the department of administration has allocated subsidy for the municipality's project.
281.58(15)(am)
(am) The notice of financial assistance commitment shall include the conditions that the municipality must meet to secure the financial assistance and shall include the estimated repayment schedules and other terms of the financial assistance.
281.58(21)
(21) Construction. This section shall be liberally construed in aid of the purposes of this section.
281.59
281.59
Clean water fund program; financial management. 281.59(1)(b)
(b) "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. 281.58.
281.59(1)(c)
(c) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or federally recognized American Indian tribe or band in this state.
281.59(1)(d)
(d) "Subsidy" means the amounts provided by the clean water fund to projects receiving financial assistance under this section and
s. 281.58 for the following purposes:
281.59(1)(d)1.
1. To reduce the interest rate of clean water fund loans from market rate to a subsidized rate.
281.59(1)(d)2.
2. To provide for financial hardship assistance, including grants.
281.59(1)(f)
(f) "Violator of an effluent limitation" means a person or municipality that after May 17, 1988, is not in substantial compliance with the enforceable requirements of its permit issued under
ch. 283 for a reason that the department determines is or has been within the control of the person or municipality.
