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. 200.21 to
200.65 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 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.
281.58 Cross-reference
Cross-reference: See also ch.
NR 162, Wis. adm. code.
281.58 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
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 effective interest rate on a fixed-rate revenue obligation issued by the state to fund a loan made under this section or, for a variable rate obligation, the effective interest rate that the department of administration determines would have been paid if the variable rate obligation had been sold at a fixed rate.
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, joint local water authority created under
s. 66.0823, 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(1m)(c)
(c) There is established a private on-site wastewater treatment system replacement and rehabilitation loan program, administered under
s. 145.245 (12m).
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) 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 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.
281.59(3e)(a)2.
2. The amount of public debt, authorized under
s. 20.866 (2) (tc), that the state may contract for the purposes of the clean water fund program.
281.59(3e)(a)3.
3. The amount of revenue obligations, authorized under
sub. (4) (f), that may be issued for the purposes of the clean water fund program.
281.59(3e)(b)
(b) The amount of present value of the subsidy for the clean water fund program that is required to be specified under
par. (a) 1. and approved by the legislature under this paragraph is as follows:
281.59(3e)(b)3.
3. Equal to $1,000 for any biennium after the 2013-15 biennium.
281.59(3e)(c)
(c) The department of administration may allocate amounts approved under
par. (b) as the present value of subsidies for financial assistance under the clean water fund program, including financial hardship assistance and assistance for the additional costs of approved projects. The department of administration may allocate amounts from the amount approved under
par. (b) for a biennium until December 30 of the fiscal year immediately following the biennium for projects for which complete applications under
s. 281.58 (9) (a) are submitted before the end of the biennium.
281.59(3e)(d)
(d) The department may expend, for financial assistance in a biennium other than financial hardship assistance under
s. 281.58 (13) (e), an amount up to 95 percent of the amount approved by the legislature under
par. (b). The department may expend such amount only from the percentage of the amount approved under
par. (b) that is not available under
par. (e) for financial hardship assistance.
281.59(3e)(e)
(e) The department may expend, for financial hardship assistance in a biennium under
s. 281.58 (13) (e), an amount up to 5 percent of the amount approved by the legislature under
par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under
par. (b) that is not available under
par. (d) for financial assistance.
281.59(3e)(f)
(f) Using the amount approved under
par. (b) as a base, the department of administration shall calculate the present value of the actual subsidy of each clean water fund program loan or grant to be made for those projects in each biennium that are approved for financial assistance by the 2 departments. The present value shall be discounted as provided under
sub. (3) (a) 6.
281.59(3m)
(3m) Land recycling loan program expenditures. 281.59(3m)(a)(a) No moneys may be expended for the land recycling loan program in a biennium until the legislature reviews and approves, as part of the biennial budget act for the biennium, an amount of present value of the subsidy for the land recycling loan program 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) 6e.
281.59(3m)(b)
(b) The amount of present value of the subsidy for the land recycling loan program that is approved by the legislature under this paragraph is as follows:
281.59(3m)(b)2.
2. Equal to $1,000 for any biennium after the 2013-15 biennium.
281.59(3m)(c)
(c) The department of administration may allocate amounts approved under
par. (b) as the present value of subsidies for financial assistance under the land recycling program.
281.59(3m)(d)
(d) Using the amount approved under
par. (b) as a base, the department of administration shall calculate the present value of the actual subsidy of each land recycling loan made for those projects in each biennium that are approved for financial assistance. The present value shall be discounted as provided under
sub. (3) (a) 6e.
281.59(3s)
(3s) Safe drinking water loan program expenditures. 281.59(3s)(a)(a) No moneys may be expended for the safe drinking water loan 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(3s)(a)1.
1. An amount of present value of the subsidy for the safe drinking water loan program 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) 6m.
281.59(3s)(a)2.
2. The amount of public debt, authorized under
s. 20.866 (2) (td), that the state may contract for the purposes of the safe drinking water loan program.
281.59(3s)(b)
(b) The amount of present value of the subsidy for the safe drinking water loan program that is approved by the legislature under this paragraph is as follows:
281.59(3s)(b)2.
2. Equal to $1,000 for any biennium after the 2013-15 biennium.
281.59(3s)(c)
(c) The department of administration may allocate amounts approved under
par. (b) as the present value of subsidies for financial assistance under the safe drinking water program.
281.59(3s)(d)
(d) Using the amount approved under
par. (b) as a base, the department of administration shall calculate the present value of the actual subsidy of each safe drinking water loan made for those projects in each biennium that are approved for financial assistance. The present value shall be discounted as provided under
sub. (3) (a) 6m.
