281.59(9)(b)2.
2. Demonstrate to the satisfaction of the department of administration the financial capacity to assure sufficient revenues to operate and maintain the project for its useful life and to pay the debt service on the obligations that it issues for the project.
281.59(11)(a)(a) The department of natural resources and the department of administration may enter into a financial assistance agreement with a municipality for which the department of administration has allocated subsidy under
s. 281.58 (9m) if the municipality meets the conditions under
sub. (9) and
s. 281.58 (14) and the other requirements under this section and
s. 281.58.
281.59(11)(am)
(am) The department of administration shall make the financial assistance payments to a municipality which has entered into a financial assistance agreement under
par. (a) or to the municipality's designated agent.
281.59(11)(b)
(b) If a municipality fails to make a principal repayment or interest payment after its due date, the department of administration shall place on file a certified statement of all amounts due under this section and
s. 281.58. After consulting the department, the department of administration may collect all amounts due by deducting those amounts from any state payments due the municipality or may add a special charge to the amount of taxes apportioned to and levied upon the county under
s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of that action.
281.59(11)(c)
(c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets the applicable requirements of this section and
s. 281.58 and that the conditions of the financial assistance agreement are met.
281.59(12)
(12) Municipal obligations. The department of administration may purchase or refinance obligations specified in
s. 281.58 (6) (b) 1. or
2. and guarantee or purchase insurance for municipal obligations specified in
s. 281.58 (6) (b) 3. if the department of administration and the department of natural resources approve the financial assistance under this section and
s. 281.58.
281.59(13)(a)1.1. Notwithstanding any other provision of this section and
s. 281.58, a municipality that submits to the department by January 2, 1989, a facility plan meeting the requirements of
s. 281.57 which is approvable under this chapter and that does not receive a grant award before July 1, 1990, only because the municipality is following a schedule contained in the facility plan and approved by the department and the municipality is in compliance with all applicable schedules contained in a permit issued under
ch. 283 or because there are insufficient grant funds under
s. 281.57, is eligible to receive financial assistance under this paragraph. The form of the financial assistance is a loan with an interest rate of 2.5% per year except that
s. 281.58 (8) (b),
(f) and
(k) applies to projects receiving financial assistance under this paragraph.
281.59(13)(a)2.
2. Notwithstanding any other provision of this section or
s. 281.58, the department shall make all loans under
subd. 1. to municipalities ready to construct treatment works before the department provides or approves any other financial assistance under this section except for loans under
par. (b).
281.59(13)(b)1.1. Notwithstanding any other provision of this section or
s. 281.58, an unsewered municipality is eligible to receive financial assistance under this paragraph, in the form of a loan with an interest rate of 2.5% per year, which may be for original financing or refinancing for a collection system that is ineligible for financial assistance under
s. 281.57 because of
s. 281.57 (4) (b) 1. and that is being connected to an existing wastewater treatment plant if all of the following apply:
281.59(13)(b)1.a.
a. The municipality applies to the department for financial assistance under
s. 281.57 (5) for a construction project during 1988.
281.59(13)(b)1.b.
b. Before January 1, 1989, the department issues a notice under
s. 281.57 (6) that the department is ready to allocate funds to the municipality for the project.
281.59(13)(b)1.d.
d. The municipality receives a grant under
s. 281.57 for the construction of the project from the list developed by the department under
s. 281.57 (6) (a) for applications received in 1988.
281.59(13)(b)1m.
1m. Notwithstanding any other provision of this section or
s. 281.58, a town sanitary district is eligible to receive financial assistance under this paragraph, in the form of a loan with an interest rate of 2.5% per year, for the extension of a collection system into an unsewered area that is added to the sanitary district if all of the following apply:
281.59(13)(b)1m.b.
b. The department determines that extension of the collection system into the unsewered area is necessary and cost-effective.
281.59(13)(b)1m.c.
c. The sanitary district invites bids for and begins construction of the extension of the collection system before January 1, 1990.
281.59(13)(b)3.
3. Notwithstanding any provision of this section or
s. 281.58, the department shall annually allocate funds for loans under
subds. 1. and
1m. before the department provides or approves any other financial assistance under this section or
s. 281.58.
281.59(13)(e)
(e) The department of administration and the department may not make loans under s.
144.241 (20), 1987 stats., as affected by
1989 Wisconsin Acts 31,
336 and
366, or under this subsection to a metropolitan sewerage district that serves a 1st class city that total more than $230,900,000.
281.59(13m)
(13m) Legislative moral obligation. The building commission may, at the time the loan is made, by resolution designate a loan made under this section and
s. 281.58 as one to which this subsection applies. If at any time the payments received or expected to be received from a municipality on any loan so designated are pledged to secure revenue obligations of the state issued pursuant to
subch. II of ch. 18 and are insufficient to pay when due principal of and interest on such loan, the department of administration shall certify the amount of such insufficiency to the secretary of administration, the governor and the joint committee on finance. If the certification is received by the secretary of administration in an even-numbered year before the completion of the budget under
s. 16.43, the secretary of administration shall include the certified amount in the budget compilation. In any event, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so requested for the purpose of payment of the revenue obligation secured thereby. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make the appropriation.
281.59(13s)
(13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and
s. 281.58.
281.59(14)
(14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under
s. 281.58.
281.59(15)
(15) Construction. This section shall be liberally construed in aid of the purposes of this section.
281.59 History
History: 1989 a. 366 ss.
40,
63,
65,
66,
97,
99,
106,
108 to
110,
115;
1991 a. 32,
39,
189,
315;
1993 a. 16;
1995 a. 27;
1995 a. 227 s.
426; Stats. 1995 s. 281.59;
1995 a. 452.
281.63
281.63
Financial assistance program; combined sewer overflow abatement. 281.63(1)
(1)
Legislative findings. The legislature finds that state financial assistance for the elimination of combined sewer overflow to the waters of the state is a public purpose and a proper function of state government.
281.63(2)
(2) Definitions. As used in this section:
281.63(2)(a)
(a) "Combined sewer" means a sewer intended to serve as a sanitary sewer and a storm sewer or as an industrial sewer and a storm sewer.
281.63(2)(b)
(b) "Combined sewer overflow" means a discharge of a combination of storm and sanitary wastewater or storm and industrial wastewater directly or indirectly to the waters of the state when the volume of wastewater flow exceeds the transport, storage or treatment capacity of a combined sewer system.
281.63(2)(c)
(c) "Facilities plan" means that plan or study which demonstrates the need for the proposed sewerage system or sewerage system component and which demonstrates through a systematic evaluation of alternatives that the selected alternative is the most cost-effective means of correcting combined sewer overflows.
281.63(3)
(3) Administration. The department shall administer the combined sewer overflow abatement financial assistance program. The department shall promulgate rules necessary for the proper execution of this program.
281.63(4)(a)(a)
Eligible municipalities. Only a municipality with a sewerage system which is violating
ch. 283 or title III of the federal act because of combined sewer overflow is eligible to receive financial assistance under the combined sewer overflow abatement financial assistance program.
281.63(4)(b)
(b)
Eligible projects. Only a project for construction necessary to abate combined sewer overflows identified in department-approved facilities plans as cost-effective and reasonably necessary for water quality improvements is eligible for financial assistance under the combined sewer overflow abatement financial assistance program, except that the department need not determine the cost-effectiveness of projects performed under a contract awarded under
s. 66.905.
281.63(4)(c)
(c)
Facility planning; engineering design. Only a municipality which has completed facility planning and engineering design requirements for a combined sewer overflow abatement project is eligible to receive financial assistance under the combined sewer overflow abatement financial assistance program.
281.63(5)
(5) Application. A municipality which seeks financial assistance under the combined sewer overflow abatement financial assistance program shall submit an application to the department. The application shall be in the form and include the information the department prescribes by rule. The department shall review all applications for financial assistance under this program. The department shall determine those applications which meet the eligibility requirements of this section.
281.63(6)
(6) Priority. Each municipality shall notify the department of its intent to apply for financial assistance under the combined sewer overflow abatement financial assistance program. For those municipalities that notify the department of their intention to apply for financial assistance under this program by December 31, the department shall establish annually a priority list which ranks these projects in the same order as they appear on the list prepared under
s. 281.57 (6) (a).
281.63(7)
(7) Payment. Upon the completion by the municipality of all application requirements, the department may enter into an agreement with the municipality for a grant of up to 50% of the eligible construction costs of a combined sewer overflow abatement project if the municipality can begin construction within 3 months after the department is ready to allocate funds.
281.63(8)
(8) Advance commitments for reimbursement of engineering design costs. The department may make an advance commitment to a municipality for the reimbursement of engineering design costs from funds appropriated under
s. 20.866 (2) (to) subject to all of the following requirements:
281.63(8)(a)
(a) The advance commitment shall include a provision making the reimbursement of engineering design costs conditional on the award of a construction grant.
281.63(8)(b)
(b) The advance commitment may be made only for engineering design activities commenced after the department makes the advance commitment.
281.63(8)(c)
(c) The advance commitment may be made only if the municipality has completed all facility planning requirements.
281.63(8)(d)
(d) The advance commitment may be made only for engineering design costs related to a project that is eligible for assistance under
sub. (4).
281.63(8)(e)
(e) The advance commitment shall be subject to a priority determination system consistent with
sub. (6).
281.63 History
History: 1981 c. 20,
317;
1983 a. 27;
1985 a. 29;
1995 a. 227 s.
427; Stats. 1995 s. 281.63.
281.65
281.65
Financial assistance; nonpoint source water pollution abatement. 281.65(1)(1) The purposes of the nonpoint source pollution abatement financial assistance program under this section are to:
281.65(1)(a)
(a) Provide the necessary administrative framework and financial assistance for the implementation of measures to meet nonpoint source water pollution abatement needs identified in areawide water quality management plans.
281.65(1)(b)
(b) Provide coordination with all elements of the state's water quality program in order to ensure that all activities and limited resources are optimally allocated in the achievement of this state's water quality goals.
281.65(1)(c)
(c) Provide technical and financial assistance for the application of necessary nonpoint source water pollution abatement measures.
281.65(1)(d)
(d) Focus limited technical and financial resources in critical geographic locations through the selection of priority lakes identified under
sub. (4) (cd) and priority watersheds where nonpoint source related water quality problems are the most severe and control is most feasible.
281.65(1)(e)
(e) Provide for program evaluation, subsequent modifications and recommendations.
281.65(2)(a)
(a) "Best management practices" means practices, techniques or measures, except for dredgings, identified in areawide water quality management plans, which are determined to be the most effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under
s. 289.30.
281.65(2)(am)
(am) "Governmental unit" means any governmental unit including, but not limited to, a county, city, village, town, metropolitan sewerage district created under
ss. 66.20 to
66.26 or
66.88 to
66.918, town sanitary district, public inland lake protection and rehabilitation district, regional planning commission or drainage district operating under ch.
89, 1961 stats., or
ch. 88. "Governmental unit" does not include the state or any state agency.
281.65(2)(b)
(b) "Nonpoint source" means a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source as defined under
s. 283.01 (12).
281.65(2)(bs)
(bs) "Priority lake area" means a priority lake and the area surrounding the priority lake designated by the department for the implementation of the nonpoint source pollution abatement project for the priority lake.
281.65(2)(d)
(d) "Structural urban best management practices" means detention basins, wet basins, infiltration basins and trenches and wetland basins.
281.65(3)
(3) The land and water conservation board shall do all of the following:
281.65(3)(am)
(am) Designate priority watersheds and priority lakes based on reports submitted under
sub. (4) (c) and
(cd).
281.65(3)(ap)
(ap) Review and approve priority lake and priority watershed plans prepared under
sub. (5m) and modifications to those plans prepared under
sub. (5s). The board may exempt minor plan modifications from the requirement of board approval.
281.65(3)(at)
(at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources board.
281.65(3)(b)
(b) Before September 1 of each even-numbered year, submit to the governor and the department a report that includes all of the following:
281.65(3)(b)1.
1. Recommendations for the amount to be appropriated for the program under this section for the following fiscal biennium.
281.65(3)(b)5.
5. Any changes that the board determines would improve the efficiency or effectiveness of the program under this section.
281.65(3)(bm)
(bm) Whenever the board determines necessary, submit to the governor and the department recommendations concerning changes to the amounts appropriated for the program under this section or recommendations concerning any changes that would improve the efficiency or effectiveness of the program under this section.
281.65(3)(c)
(c) Assist counties and the department to resolve concerns about the program under this section.
281.65(3)(d)
(d) Establish priorities for the allocation of funds in the event that program needs exceed available funding in any fiscal biennium.
281.65(3)(e)
(e) After reviewing a plan submitted under
sub. (4) (k), request the building commission to authorize public debt to be contracted in the amount that the board determines to be necessary for the purposes of the program under this section.
281.65(3)(f)
(f) Require the department and the department of agriculture, trade and consumer protection to conduct or contract for another person to conduct any evaluation or audit of the program under this section and of individual priority watershed or priority lake projects that the board determines is necessary.
281.65(4)(a)
(a) Administer the nonpoint source water pollution program under this section.
281.65(4)(am)
(am) Be responsible for the integration of the nonpoint source water pollution abatement program into the state's overall water quality management program.
281.65(4)(ar)
(ar) Serve as the designated state agency with the federal environmental protection agency on all aspects related to the nonpoint source program management requirements of
P.L. 100-4, including the development and submittal of the nonpoint source assessment report and management program required under
P.L. 100-4, section 316 and preparation of the annual grant application for federal funding from the environmental protection agency to implement that program.
281.65(4)(as)
(as) Consult with the department of agriculture, trade and consumer protection in developing any federal grant application under
par. (ar). Every application is subject to
s. 16.54 and shall include the proposed expenditures of federal nonpoint source water pollution abatement grant moneys and the allocation of such moneys between the department and the department of agriculture, trade and consumer protection.
281.65(4)(b)
(b) Identify through the areawide water quality management plans provided for under section 208 of the federal water pollution control act,
P.L. 92-500, as amended, the designated local management agencies.
281.65(4)(c)
(c) Through the continuing planning process under
s. 283.83, identify those watersheds where the need for nonpoint source water pollution abatement is most critical and, before July 1 of each even-numbered year, submit its recommendations for designating additional watersheds under
sub. (3) (am) to the land and water conservation board.
281.65(4)(cd)
(cd) Identify, through the continuing planning process under
s. 283.83, the lakes where the need for nonpoint source water pollution abatement is most critical and, before July 1 of each even-numbered year, submit its recommendations for designating additional lakes under
sub. (3) (am) to the land and water conservation board.
281.65(4)(cg)
(cg) Before July 1 of each even-numbered year, submit its recommendations on the matters under
sub. (3) (b) 1. and
5. to the land and water conservation board.
281.65(4)(cm)
(cm) Identify watershed areas in the Milwaukee river basin as priority watershed areas, notwithstanding
par. (c), and identify the best management practices necessary to meet water quality objectives in those watershed areas. For the purposes of this paragraph, the Kinnickinnic river shall be treated as being within a watershed area in the Milwaukee river basin. The department shall appoint an advisory committee which represents appropriate local interests to assist it in the planning and implementation of projects and best management practices in these watershed areas. The advisory committee shall include a member of the county board from each county with any area in the Milwaukee river basin.
