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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 10
February 7, 2023 - Introduced by Representatives PENTERMAN, O'CONNOR,
ARMSTRONG, KITCHENS, MURSAU and SPIROS, cosponsored by Senators COWLES,
BALLWEG, MARKLEIN, NASS and SMITH. Referred to Committee on
Environment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 20.320 (1) (sm), 281.59 (1) (as), 281.59 (9) (a) and 281.60; to
amend 13.48 (26), 20.370 (4) (mt), 20.370 (9) (mt), 20.505 (1) (v), 20.536 (1) (ka),
25.43 (1) (h), 25.43 (2s) (a) 2., 25.43 (3), 67.12 (12) (a), 281.59 (2) (a), 281.59 (2)
(b), 281.59 (3) (a) 1., 281.59 (3) (a) 5., 281.59 (3) (j), 281.59 (9) (am), 281.59 (9)
(b) (intro.), 281.59 (9) (b) 1., 281.59 (11) (a), 281.59 (11) (b), 281.59 (11) (c), 281.59
(13s) and 281.59 (14); and to create 281.605 of the statutes; relating to:
eliminating the land recycling loan program.
Analysis by the Legislative Reference Bureau
Under the environmental improvement fund, the state provides financial
assistance to local governmental units for certain projects. The environmental
improvement fund is made up of three programs: the clean water fund program; the
safe drinking water loan program; and the land recycling (brownfields) loan
program, which provides financial assistance for the investigation and remediation
of certain contaminated properties.
The bill eliminates the land recycling loan program, which has not provided
loans since 2008. Under the bill, current law provisions continue to apply to any
outstanding loans under the program that are in repayment. The bill also requires
any unallocated balance of moneys appropriated to the land recycling loan program
to be transferred to the clean water fund program and requires any moneys received
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on outstanding loans after the effective date of the bill to be deposited into the clean
water fund program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 13.48 (26) of the statutes is amended to read:
13.48 (26) ENVIRONMENTAL IMPROVEMENT ANNUAL FINANCE PLAN APPROVAL. The
building commission shall review the versions of the biennial finance plan and any
amendments to the biennial finance plan submitted to it by the department of
natural resources and the department of administration under s. 281.59 (3) (bm) and
the recommendations of the joint committee on finance and the standing committees
to which the versions of the biennial finance plan and any amendments were
submitted under s. 281.59 (3) (bm). The building commission shall consider the
extent to which that version of the biennial finance plan that is updated to reflect the
adopted biennial budget act will maintain the funding for the clean water fund
program and the safe drinking water loan program, in the environmental
improvement fund, in perpetuity. The building commission shall consider the extent
to which the implementation of the clean water fund program, and the safe drinking
water loan program and the land recycling loan program, as set forth in the biennial
finance plan updated to reflect the adopted biennial budget act, implements
legislative intent on the clean water fund program, and the safe drinking water loan
program and the land recycling loan program. The building commission shall, no
later than 60 days after the date of enactment of the biennial budget act, either
approve or disapprove the biennial finance plan that is updated to reflect the adopted
biennial budget act. If the building commission disapproves the version of the
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biennial finance plan that is updated to reflect the adopted biennial budget act, it
must notify the department of natural resources and the department of
administration of its reasons for disapproving the plan, and those departments must
revise that version of the biennial finance plan and submit the revision to the
building commission.
SECTION 2. 20.320 (1) (sm) of the statutes is repealed.
SECTION 3. 20.370 (4) (mt) of the statutes is amended to read:
20.370 (4) (mt) General program operations — environmental improvement
programs; state funds. From the environmental improvement fund, the amounts in
the schedule for general program operations under s. 281.58, 281.59, 281.60, 281.61,
281.62, or 283.31 or s. 281.60, 2021 stats.
SECTION 4. 20.370 (9) (mt) of the statutes is amended to read:
20.370 (9) (mt) Aids administration — environmental improvement programs;
state funds. From the environmental improvement fund, the amounts in the
schedule for the administration of ss. 281.58, 281.60, 281.61, 281.62, and 283.31 and
s. 281.60, 2021 stats.
SECTION 5. 20.505 (1) (v) of the statutes is amended to read:
20.505 (1) (v) General program operations — environmental improvement
programs; state funds. From the environmental improvement fund, the amounts in
the schedule for general program operations under s. 281.58, 281.59, 281.60 or
281.61 or s. 281.60, 2021 stats.
SECTION 6. 20.536 (1) (ka) of the statutes is amended to read:
20.536 (1) (ka) General program operations; environmental improvement fund.
All moneys received for providing services to the department of administration or the
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SECTION 6 ASSEMBLY BILL 10
department of natural resources in administering ss. 25.43, 281.58, 281.59, 281.60,
281.61, and 281.62 and s. 281.60, 2021 stats., for general program operations.
SECTION 7. 25.43 (1) (h) of the statutes is amended to read:
25.43 (1) (h) The fees imposed under ss. 281.58 (9) (d), 281.60 (11m), and 281.61
(5) (b) and s. 281.60 (11m), 2021 stats.
SECTION 8. 25.43 (2s) (a) 2. of the statutes is amended to read:
25.43 (2s) (a) 2. The difference between $20,000,000 and the amount that has
been expended under s. 20.320 (1) (sm), 2021 stats., when the agreement is entered
into.
SECTION 9. 25.43 (3) of the statutes is amended to read:
25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d),
the environmental improvement fund may be used only for the purposes authorized
under ss. 20.320 (1) (r), (s), (sm), (t), and (x) and (2) (r), (s), and (x), 20.370 (4) (mt),
(mx) and (nz), (8) (mr) and (9) (mt), (mx) and (ny), 20.505 (1) (v), (x) and (y), 281.58,
281.59, 281.60, 281.61, 281.62, and 283.31 and s. 281.60, 2021 stats.
SECTION 10. 67.12 (12) (a) of the statutes is amended to read:
67.12 (12) (a) Any municipality may issue promissory notes as evidence of
indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not
limited to paying any general and current municipal expense, and refunding any
municipal obligations, including interest on them. Each note, plus interest if any,
shall be repaid within 10 years after the original date of the note, except that notes
issued under this section for purposes of ss. 119.498, 281.58, 281.59, 281.60, 281.61,
and 292.72 and s. 281.60, 2021 stats., issued to raise funds to pay a portion of the
capital costs of a metropolitan sewerage district, or issued by a 1st class city or a
county having a population of 750,000 or more, to pay unfunded prior service liability
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with respect to an employee retirement system, shall be repaid within 20 years after
the original date of the note.
SECTION 11. 281.59 (1) (as) of the statutes is repealed.
SECTION 12. 281.59 (2) (a) of the statutes is amended to read:
281.59 (2) (a) Administer its responsibilities under this section and ss. 281.58,
281.60 and 281.61 and s. 281.60, 2021 stats.
SECTION 13. 281.59 (2) (b) of the statutes is amended to read:
281.59 (2) (b) Cooperate with the department in administering the clean water
fund program, and the safe drinking water loan program and the land recycling loan
program and in servicing any outstanding loans made under s. 281.60, 2021 stats.
SECTION 14. 281.59 (3) (a) 1. of the statutes is amended to read:
281.59 (3) (a) 1. An estimate of the wastewater treatment, and safe drinking
water and land recycling project needs of the state for the 4 fiscal years of the next
2 biennia.
SECTION 15. 281.59 (3) (a) 5. of the statutes is amended to read:
281.59 (3) (a) 5. The most recent available audited financial statements of the
past operations and activities of the clean water fund program, and 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.
SECTION 16. 281.59 (3) (j) of the statutes is amended to read:
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281.59 (3) (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
operations and activities of the clean water fund program, and the safe drinking
water loan program and the land recycling loan program for the previous biennium.
SECTION 17. 281.59 (9) (a) of the statutes is repealed.
SECTION 18. 281.59 (9) (am) of the statutes is amended to read:
281.59 (9) (am) The department of administration, in consultation with the
department, may establish those terms and conditions of a financial assistance
agreement that relate to its financial management, including what type of municipal
obligation, as set forth under sub. (13f), if applicable, is required for the repayment
of the financial assistance. Any terms and conditions established under this
paragraph by the department of administration shall comply with the requirements
of this section and s. 281.58, 281.60 or 281.61. In setting the terms and conditions,
the department of administration may consider factors that the department of
administration finds are relevant, including the type of obligation evidencing the
loan, the pledge of security for the obligation and the applicant's creditworthiness.
SECTION 19. 281.59 (9) (b) (intro.) of the statutes is amended to read:
281.59 (9) (b) (intro.) As a condition of receiving financial assistance under the
clean water fund program, or the safe drinking water loan program or the land
recycling loan program, an applicant shall do all of the following:
SECTION 20. 281.59 (9) (b) 1. of the statutes is amended to read:
281.59 (9) (b) 1. Pledge the security, if any, required by the rules promulgated
by the department of administration under this section and s. 281.58, 281.60 or
281.61.
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SECTION 21. 281.59 (11) (a) of the statutes is amended to read:
281.59 (11) (a) The department of natural resources and the department of
administration may enter into a financial assistance agreement with an applicant
for which the department of administration has allocated financial assistance under
s. 281.58 (9m), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under
sub. (9) and the other requirements under this section and s. 281.58, 281.60 or
281.61.
SECTION 22. 281.59 (11) (b) of the statutes is amended to read:
281.59 (11) (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, 281.60 or
281.61 or s. 281.60, 2021 stats. 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.
SECTION 23. 281.59 (11) (c) of the statutes is amended to read:
281.59 (11) (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, 281.60 or 281.61 or
s. 281.60, 2021 stats., and that the conditions of the financial assistance agreement
are met.
SECTION 24. 281.59 (13s) of the statutes is amended to read:
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SECTION 24 ASSEMBLY BILL 10
281.59 (13s) POWERS. The department of administration may audit, or contract
for audits of, projects receiving financial assistance under the clean water fund
program, or the safe drinking water loan program and the land recycling loan
program or projects that received loans under s. 281.60, 2021 stats.
SECTION 25. 281.59 (14) of the statutes is amended to read:
281.59 (14) RULES. The department of administration shall promulgate rules
that are necessary for the proper execution of this section and of its responsibilities
under ss. 281.58, 281.60 and 281.61 and s. 281.60, 2021 stats.
SECTION 26. 281.60 of the statutes is repealed.
SECTION 27. 281.605 of the statutes is created to read:
281.605 Outstanding loans under the former land recycling loan
program. Section 281.60 (8m), 2021 stats., s. 281.60 (11), 2021 stats., s. 281.60
(11m), 2021 stats., s. 281.60 (13) (c), 2021 stats., s. 281.60 (13) (d), 2021 stats., s.
281.60 (13) (f), 2021 stats., and s. 281.60 (13) (h), 2021 stats., shall continue to apply
to any outstanding loans made under the former land recycling loan program under
s. 281.60, 2021 stats.
SECTION 28.0Nonstatutory provisions.
(1) TRANSFER OF LAND RECYCLING LOAN PROGRAM BALANCE. All moneys
appropriated for the land recycling loan program under s. 281.60, 2021 stats., that
are unallocated on the effective date of this subsection shall be transferred to the
environmental improvement fund for the clean water fund program under s. 281.58.
(2) DEPOSIT OF FUTURE LAND RECYCLING LOAN PROGRAM MONEYS. All moneys
received for the land recycling loan program under s. 281.60, 2021 stats., after the
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effective date of this subsection shall be deposited into the environmental
improvement fund for the clean water fund program under s. 281.58.
(END)
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