Date of enactment: May 8, 2023
2023 Senate Bill 13 Date of publication*: May 9, 2023
2023 WISCONSIN ACT 6
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 and repealing administrative rules relating to
the land recycling loan program.
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 depart-
ment 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 submit-
ted under s. 281.59 (3) (bm). The building commission
shall consider the extent to which that version of the bien-
nial 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 bien-
nial budget act, implements legislative intent on the clean
water fund program, and the safe drinking water loan pro-
gram 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 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 rea-
sons 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 — envi-
ronmental improvement programs; state funds. From the
environmental improvement fund, the amounts in the
schedule for general program operations under s. 281.58,
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 6 2023 Senate Bill 13
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 — environmen-
tal improvement programs; state funds. From the envi-
ronmental improvement fund, the amounts in the sched-
ule 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 — envi-
ronmental 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; envi-
ronmental improvement fund. All moneys received for
providing services to the department of administration or
the 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 improve-
ment 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 promis-
sory 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 metropoli-
tan 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 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 treat-
ment, and safe drinking water and land recycling project
needs of the state for the 4 fiscal years of the next 2 bien-
nia.
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 pro-
gram, 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:
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 bien-
nium.
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 − 3 − 2023 Wisconsin Act 6 2023 Senate Bill 13
type of municipal obligation, as set forth under sub. (13f),
if applicable, is required for the repayment of the finan-
cial 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 condi-
tions, the department of administration may consider fac-
tors that the department of administration finds are rele-
vant, 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 recy-
cling loan program, an applicant shall do all of the fol-
lowing:
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 adminis-
tration under this section and s. 281.58, 281.60 or 281.61.
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 prin-
cipal repayment or interest payment after its due date, the
department of administration shall place on file a certi-
fied 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 administra-
tion 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 appor-
tioned 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 proj-
ect 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 finan-
cial assistance agreement are met.
SECTION 24. 281.59 (13s) of the statutes is amended
to read:
281.59 (13s) POWERS. The department of administra-
tion may audit, or contract for audits of, projects receiv-
ing financial assistance under the clean water fund pro-
gram, 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 administra-
tion 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 out-
standing loans made under the former land recycling loan
program under s. 281.60, 2021 stats.
SECTION 27m. Chapter NR 167 of the administrative
code is repealed.
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 unallo-
cated 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 PRO-
GRAM MONEYS. All moneys received for the land recy-
cling loan program under s. 281.60, 2021 stats., after the
effective date of this subsection shall be deposited into
the environmental improvement fund for the clean water
fund program under s. 281.58.