281.58(13)(b)(b) A municipality with an application that is approved under
sub. (9m) is eligible for state financial hardship assistance for the project costs that are eligible under 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:
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)(be)
(be) A municipality with an application that is approved under
sub. (9m) is eligible for federal financial hardship assistance for the project costs that are eligible under 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:
281.58(13)(be)2.
2. The municipality is a rural community, as determined by the department.
281.58(13)(be)3.
3. The municipality lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and federal financial hardship assistance will improve public health or reduce an environmental risk.
281.58(13)(be)4.
4. The per capita annual income of residents to be served by the project does not exceed 80% of national per capita annual income, based on the most recent data available from the U.S. bureau of the census.
281.58(13)(be)5.
5. On the date that the municipality applies for assistance, the unemployment rate for the county in which the municipality is located exceeds by 1% or more the average yearly national unemployment rate most recently reported by the federal bureau of labor statistics.
281.58(13)(bs)
(bs) If a municipality is eligible for state financial hardship assistance under
par. (b) and for federal financial hardship assistance under
par. (be), the department may determine whether to provide state financial hardship assistance, federal financial hardship assistance or both for the municipality's project.
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)(cm)
(cm) The amount and type of assistance to be provided to a municipality that receives state financial hardship assistance shall be determined under rules promulgated by the department. Assistance to be provided to a municipality that receives federal financial hardship assistance shall be in the form of a grant for a portion of the project costs plus a loan at the interest rate under
sub. (12) for the type of project being funded. The maximum amount of subsidy that a municipality receiving federal financial hardship assistance may receive is equal to the amount of subsidy that the municipality would have received if it had received state financial hardship assistance. If a municipality receives state financial hardship assistance and federal financial hardship assistance for a project, the total amount of the subsidy for the project may not exceed the amount of subsidy that the municipality would have received if it had received only state financial hardship assistance.
Subsection (8) (g) does not apply to the amount of a federal financial hardship assistance grant that a municipality may receive.
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) or
(be), 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) Subject to
par. (em), 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)(em)1.1. In a fiscal year, if all available state financial hardship assistance has been allocated under
par. (e) and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to projects that are eligible for federal financial hardship assistance under
par. (be), but that are lower on the funding list than projects that are eligible only for state financial hardship assistance under
par. (b), beginning with the next project on the funding list that is eligible for federal financial hardship assistance.
281.58(13)(em)2.
2. In a fiscal year, if all available federal financial hardship assistance has been allocated and state financial hardship assistance remains to be allocated, the department may allocate state financial hardship assistance to projects that are eligible for state financial hardship assistance under
par. (b), but that are lower on the funding list than projects that are eligible only for federal financial hardship assistance under
par. (be), beginning with the next project on the funding list that is eligible for state financial hardship assistance.
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 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).
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 the clean water fund program. Grants awarded under this subsection are not considered for the purposes of
sub. (9m) (e) or
s. 281.59 (3e) (b).
281.58(14)
(14) Conditions of financial assistance. 281.58(14)(b)(b) As a condition of receiving financial assistance under the clean water fund program, 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
Environmental improvement fund; financial management. 281.59(1)(ag)
(ag) "Clean water fund program" means the program administered under
s. 281.58, with financial management provided under this section.
281.59(1)(as)
(as) "Land recycling loan program" means the program administered under
s. 281.60, with financial management provided under this section.
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 loan or a portion of a loan for a project under the clean water fund program.
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)(cm)
(cm) "Safe drinking water loan program" means the program administered under
s. 281.61, with financial management provided under this section.
281.59(1)(d)
(d) "Subsidy" means the amounts provided from the environmental improvement fund to clean water fund program, safe drinking water loan program and land recycling loan program projects for the following purposes:
281.59(1)(d)1.
1. To reduce the interest rate of clean water fund program, safe drinking water loan program and land recycling loan program loans from market rate to a subsidized rate.
281.59(1)(d)2.
2. For the clean water fund program only, 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.
281.59(1m)(a)(a) There is established a clean water fund program, administered under
s. 281.58, with financial management provided under this section.
281.59(1m)(b)
(b) There is established a safe drinking water loan program, administered under
s. 281.61, with financial management provided under this section.
281.59(2)
(2) General duties. The department of administration shall:
281.59(2)(b)
(b) Cooperate with the department in administering the clean water fund program, the safe drinking water loan program and the land recycling loan program.
281.59(2)(c)
(c) Accept and hold any letter of credit from the federal government through which the state receives federal capitalization grant payments and disbursements to the environmental improvement fund.
281.59(2m)
(2m) Investment management; environmental improvement fund. 281.59(2m)(a)1.
1. Subject to
par. (b), direct the investment board under
s. 25.17 (2) (d) to make any investment of the environmental improvement fund, or in the collection of the principal and interest of all moneys loaned or invested from that fund.
281.59(2m)(a)2.
2. Subject to
par. (b), purchase or acquire, commit on a standby basis to purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of, or pledge, hypothecate or otherwise create a security interest in, loans as the department of administration may determine, or portions or portfolios of participations in loans, made or purchased under this section. The disposition may be at the price and under the terms that the department of administration determines to be reasonable and may be at public or private sale.
281.59(2m)(b)
(b) The department of administration shall take an action under
par. (a) only if all of the following conditions occur:
281.59(2m)(b)1.
1. The action provides a financial benefit to the environmental improvement fund.
281.59(2m)(b)2.
2. The action does not contradict or weaken the purposes of the environmental improvement fund.
281.59(2m)(b)3.
3. The building commission approves the action before the department of administration acts.
281.59(3)
(3) Financial management; biennial finance plan. 281.59(3)(a)(a) By October 1 of each even-numbered year, the department of administration and the department jointly shall prepare a biennial finance plan that includes all of the following information:
281.59(3)(a)1.
1. An estimate of the wastewater treatment, safe drinking water and land recycling project needs of the state for the 4 fiscal years of the next 2 biennia.
281.59(3)(a)2.
2. The total amount of financial assistance planned to be provided or committed for projects under
subd. 1. during the next biennium.
281.59(3)(a)4.
4. The extent to which the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, will be maintained in perpetuity.
281.59(3)(a)4m.
4m. A chart showing detailed projected sources and uses of funds for projects under
subd. 1. during the next biennium.
281.59(3)(a)5.
5. The most recent available audited financial statements of the past operations and activities of the clean water fund program, the safe drinking water loan program and the land recycling loan program, the estimated environmental improvement fund capital available in each of the next 4 fiscal years for the clean water fund program and the safe drinking water loan program, and the projected environmental improvement fund balance for the clean water fund program and the safe drinking water loan program for each of the next 20 years given existing obligations and financial conditions.
281.59(3)(a)5m.
5m. The percentage of market interest rate for the projects under
subd. 1.
281.59(3)(a)6.
6. An amount equal to the estimated present value of subsidies for all clean water fund program loans and grants expected to be made for the wastewater treatment projects listed in the biennial needs list under
s. 281.58 (3m), except for federal financial hardship assistance grants under
s. 281.58 (13), discounted at a rate of 7% per year to the first day of the biennium for which the biennial finance plan is prepared.
281.59(3)(a)6e.
6e. An amount equal to the estimated present value of subsidies for all loans under the land recycling loan program to be made during the biennium for which the biennial finance plan is prepared, discounted at a rate of 7% per year to the first day of that biennium.
281.59(3)(a)6m.
6m. An amount equal to the estimated present value of subsidies for all loans under the safe drinking water loan program to be made during the biennium for which the biennial finance plan is prepared, discounted at a rate of 7% per year to the first day of that biennium.
281.59(3)(a)7.
7. A discussion of the assumptions made in calculating the amounts under
subds. 6.,
6e. and
6m.
281.59(3)(a)8.
8. The amount and description of any fee expected to be charged during the next biennium under this section.
281.59(3)(a)9.
9. The impact of the biennial finance plan on the guideline under
par. (b).
281.59(3)(b)
(b) The department of administration and the department shall consider as a guideline in preparing the portion of the biennial finance plan for the clean water fund program that all state water pollution abatement general obligation debt service costs should not exceed 50% of all general obligation debt service costs to the state.
281.59(3)(bm)
(bm) The department and the department of administration jointly shall prepare and submit copies of all of the following to the building commission under
s. 13.48 (26), to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution under
s. 13.172 (3) to the appropriate legislative standing committees generally responsible for legislation related to environmental issues:
281.59(3)(bm)1.
1. By October 1 of each even-numbered year, the version of the biennial finance plan initially prepared as part of the budget process.
281.59(3)(bm)2.
2. No later than 30 days after the day on which the biennial budget is submitted to the legislature under
s. 16.45, amendments to the biennial finance plan that update the plan to reflect material approved by the governor for inclusion in the budget.
281.59(3)(bm)3.
3. No later than 30 days after the day on which the governor signs the biennial budget, a version of the biennial finance plan, updated to reflect the adopted biennial budget act.
281.59(3)(br)
(br) The joint committee on finance and each standing committee may submit to the building commission its recommendations and comments regarding each version of the biennial finance plan and amendments to the biennial finance plan, and whether the version of the biennial finance plan updated to reflect the adopted biennial budget act should be approved or disapproved as specified under
s. 13.48 (26). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, the department and the department of administration shall submit a revised biennial finance plan to the building commission.
281.59(3)(j)
(j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under
par. (bm), on the implementation of the amount established under
sub. (3e) (b) as required under
s. 281.58 (9m) (e), and on the operations and activities of the clean water fund program, the safe drinking water loan program and the land recycling loan program for the previous biennium.
281.59(3e)
(3e) Clean water fund program expenditures. 281.59(3e)(a)(a) No moneys may be expended for the clean water fund program in a biennium until the legislature reviews and approves all of the following as part of the biennial budget act for the biennium:
281.59(3e)(a)1.
1. An amount of present value of the subsidy for the clean water fund program, except for federal financial hardship assistance grants under
s. 281.58 (13), that is specified for that biennium under
par. (b) and is based on the amount included in the biennial finance plan under
sub. (3) (a) 6.
