281.61(8m)(a)
(a) Establish a dedicated source of revenue for the repayment of the financial assistance.
281.61(8m)(b)
(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.
281.61(8m)(c)
(c) Develop and adopt a program of water conservation as required by the department.
281.61(8m)(d)
(d) Develop and adopt a program of systemwide operation and maintenance of the public water system, including the training of personnel, as required by the department.
281.61(8s)
(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).
281.61(9)
(9) Financial assistance commitments. The department and the department of administration may, at the request of a local governmental unit, issue a notice of financial assistance commitment after the local governmental unit's application for safe drinking water financial assistance has been approved under
sub. (7) and funding has been allocated under
sub. (8) for the local governmental unit's project. The notice of financial assistance commitment shall specify the conditions that the local governmental unit must meet to secure financial assistance and shall include the estimated repayment schedules and other terms of the financial assistance.
281.61(10)
(10) Deadline for closing. If funding is allocated to a project under
sub. (8) for a loan and the loan is not closed before June 30 of the year following the year in which funding is allocated, the department of administration shall release the funding allocated to the project.
281.61(11)(a)(a) Except as provided under
par. (b), the interest rate on a safe drinking water loan program loan shall be as follows:
281.61(11)(a)1.
1. For a local governmental unit that does not meet financial eligibility criteria established by the department by rule, 55% of market interest rate.
281.61(11)(a)2.
2. For a local governmental unit that meets financial eligibility criteria established by the department by rule, 33% of market interest rate.
281.61(11)(b)
(b) 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 rate under
par. (a) 1. or
2.
281.61(12)
(12) Duties of the department. The department shall do all of the following:
281.61(12)(a)
(a) Promulgate rules establishing eligibility criteria for applicants and projects under this section.
281.61(12)(b)
(b) Promulgate rules that are necessary for the execution of its responsibilities under the safe drinking water loan program.
281.61(12)(c)
(c) Cooperate with the department of administration in administering the safe drinking water loan program.
281.61(12)(d)
(d) By May 1 of each even-numbered year, prepare and submit to the department of administration a biennial needs list that includes all of the following information:
281.61(12)(d)1.
1. A list of drinking water projects that the department estimates will apply for financial assistance under the safe drinking water loan program during the next biennium.
281.61(12)(d)2.
2. The estimated cost and estimated construction schedule of each project on the list, and the total of the estimated costs of all projects on the list.
281.61(12)(d)3.
3. The estimated rank of each project on the priority list under
sub. (6).
281.61(12)(e)
(e) Submit a biennial budget request under
s. 16.42 for the safe drinking water loan program.
281.61(12)(f)
(f) Have the lead state role with the federal environmental protection agency concerning the safe drinking water loan program.
281.61(12)(g)
(g) Have the lead state role with local governmental units in providing safe drinking water loan program information, and cooperate with the department of administration in providing that information to local governmental units.
281.61(12)(h)
(h) Inspect periodically safe drinking water loan program project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of the safe drinking water loan program.
281.61(13)
(13) Capitalization grant. The department may enter into an agreement under
42 USC 300j-12 (a), with the federal environmental protection agency to receive a capitalization grant for the safe drinking water loan program.
281.61 Cross-reference
Cross-reference: See also ch.
NR 166, Wis. adm. code.
281.62
281.62
Other drinking water quality activities. 281.62(1)(a)
(a) "Community water system" means a public water system that serves at least 15 service connections used by year-round residents of the area served by the public water system or that regularly serves at least 25 year-round residents.
281.62(1)(b)
(b) "Noncommunity water system" means a public water system that is not a community water system.
281.62(2)(a)(a) With the approval of the department of administration, the department may expend funds from the appropriation accounts under
s. 20.320 (2) (s) and
(x) for any of the following:
281.62(2)(a)1.
1. Providing a loan to the owner of a community water system or a nonprofit noncommunity water system to acquire land or a conservation easement from a willing seller or grantor to protect the source water of the water system from contamination and to ensure compliance with national primary drinking water regulations under
42 USC 300g-1.
281.62(2)(a)2.
2. Providing a loan to the owner of a community water system to do any of the following:
281.62(2)(a)2.a.
a. Implement voluntary source water protection measures in areas delineated as provided in
42 USC 300j-13 in order to facilitate compliance with national primary drinking water regulations under
42 USC 300g-1 or otherwise significantly further the health protection objectives of the Safe Drinking Water Act,
42 USC 300f to
300j-26.
281.62(2)(a)3.
3. Assisting the owner of a public water system to develop the technical, managerial and financial capacity to comply with national primary drinking water regulations under
42 USC 300g-1.
281.62(2)(b)
(b) In any fiscal year, the department may not expend under
par. (a) more than 15% of the funds provided under
42 USC 300j-12 in that fiscal year. In any fiscal year, the department may not expend under
par. (a) 1.,
2.,
3.,
4. or
5. more than 10% of the funds provided under
42 USC 300j-12 in that fiscal year.
281.62(3)(a)(a) With the approval of the department of administration, the department may expend funds from the appropriation accounts under
s. 20.320 (2) (s) and
(x) for any of the following:
281.62(3)(a)2.
2. Technical assistance concerning source water protection.
281.62(3)(b)
(b) In any fiscal year, the department may not expend under
par. (a) more than 10% of the funds provided under
42 USC 300j-12 in that fiscal year.
281.62(4)
(4) With the approval of the department of administration, the department may expend funds from the appropriation accounts under
s. 20.320 (2) (s) and
(x) to provide technical assistance to public water systems serving 10,000 or fewer persons. In any fiscal year, the department may not expend under this subsection more than 2% of the funds provided under
42 USC 300j-12 in that fiscal year.
281.62 History
History: 1997 a. 27.
281.625
281.625
Drinking water loan guarantee program. 281.625(1)(a)
(a) "Community water system" means a public water system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents.
281.625(1)(c)
(c) "Noncommunity water system" means a public water system that is not a community water system.
281.625(2)
(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 (3) for a loan guarantee under
s. 234.86. The rules shall be consistent with
42 USC 300j-12.
281.625(3)
(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 (3) for the purposes of the loan guarantee program under
s. 234.86.
281.625(4)
(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 to guarantee loans under
s. 234.86.
281.625(5)
(5) The department may contract with the Wisconsin Housing and Economic Development Authority for the administration of the program under this section and
s. 234.86.
281.625 History
History: 1997 a. 27.
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. 200.49.
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;
1999 a. 150 s.
672.
281.63 Cross-reference
Cross-reference: See also s.
NR 128.35, Wis. adm. code.
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.
