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LRB-3583/2
ZDW&MCP:cjs&skw
2019 - 2020 LEGISLATURE
February 7, 2020 - Introduced by Representatives Pope, Hebl, Shankland,
Anderson, Billings, Brostoff, Emerson, Fields, Neubauer, C. Taylor,
Zamarripa, Sargent, Subeck, Gruszynski, Stubbs, Cabrera, Milroy, Sinicki,
Hesselbein, Ohnstad, Considine, Vruwink, Spreitzer and Doyle,
cosponsored by Senators Miller, Smith, Risser, Erpenbach, Larson,
Schachtner, Carpenter, Wirch and Ringhand. Referred to Committee on
Energy and Utilities.
AB866,1,7 1An Act to repeal 281.75 (7) (b) and 281.75 (9); to amend 20.866 (1) (u), 20.866
2(2) (td), 20.866 (2) (ti), 281.75 (1) (b) (intro.), 1. and 2., 281.75 (4m) (a), 281.75
3(5) (b) 1., 281.75 (5) (f), 281.75 (6) (a) and 281.75 (7) (a); and to create 13.48
4(26m), 20.370 (7) (cu), 20.866 (2) (tj), 281.54, 281.61 (8) (b), 281.75 (1) (b) 4.,
5281.75 (5) (g) and 281.75 (7) (am) of the statutes; relating to: well
6compensation grants, lead service line replacements, funding for soil and water
7programs, and making an appropriation.
Analysis by the Legislative Reference Bureau
Well compensation grant program
Under current law, an individual owner or renter of a contaminated private well
may apply for a grant from DNR to cover a portion of the costs to treat the water,
reconstruct the well, construct a new well, connect to a public water supply, or fill and
seal the well. To be eligible for a grant the well owner's or renter's annual family
income may not exceed $65,000. A grant awarded under the program may not pay
more than 75 percent of a project's eligible costs and may not pay any portion of
eligible costs in excess of $16,000. In addition, if the well owner's or renter's annual
family income exceeds $45,000, the amount of the award is reduced by 30 percent of
the amount by which the annual family income exceeds $45,000.
The bill increases the family income limit to $100,000. In addition, under the
bill, a well owner or renter whose family income is below the state's median income

may receive a grant of up to 100 percent of a project's eligible costs, not to exceed
$16,000. The bill also eliminates the requirement to reduce an award by 30 percent
if the well owner's or renter's family income exceeds $45,000. The bill increases the
amount appropriated to DNR for payments under this program by $1,600,000.
The bill also appropriates to DNR $173,000 to fund a position to administer the
program.
Replacement of lead service lines
Under current law, the state may contract up to $74,950,000 in public debt for
the safe drinking water loan program. This bill increases the bonding authority for
the program by $40,000,000 and requires DOA to allocate up to $40,000,000 of the
authorized public debt to projects involving forgivable loans to private users of public
water systems to cover not more than 50 percent of the cost to replace lead service
lines.
Contaminated sediment removal
Under current law, the state may contract up to $36,000,000 in public debt to
pay a portion of the costs of a project to remove contaminated sediment from Lake
Michigan or Lake Superior, or a tributary of Lake Michigan or Lake Superior, if DNR
has identified the body of water as being impaired by the sediment. This bill
increases the bonding authority for sediment removal projects by $21,000,000.
Lake and river protection
Under current law, DNR administers a financial assistance program to provide
lake management planning grants and to award contracts for certain lake projects.
The bill increases the amount appropriated to DNR for this program by $1,494,800.
Under current law, DNR administers a financial assistance program to provide
grants for river planning and management projects and contracts for lake
monitoring and protection. The bill increases the amount appropriated to DNR for
this program by $1,421,000.
Local pollution control grants in TMDL watersheds
This bill requires DNR to award grants to municipalities and counties for water
pollution control infrastructure projects within watersheds that have a total
maximum daily load (TMDL) in effect. A TMDL is the maximum amount of
pollutants that an impaired water body can assimilate while still meeting water
quality standards. The bill provides for $4,000,000 in general obligation bonding
authority for this purpose.
Nonpoint source water pollution abatement
Under current law, DNR administers a financial assistance program for the
abatement of nonpoint source water pollution. The bill increases the amount
appropriated to DNR for this program by $600,000. Under current law, DNR may
contract for services relating to the nonpoint source water pollution abatement
program. The bill increases the amount appropriated to DNR for these contracts by
$460,000.

Soil and water resource management
Under current law, DATCP administers a program to award soil and water
resource management grants to counties. The bill increases the amount
appropriated to DATCP for this program by $1,126,000.
For further information see the state and local 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:
AB866,1 1Section 1 . 13.48 (26m) of the statutes is created to read:
AB866,3,72 13.48 (26m) Lead service line replacement. The legislature finds and
3determines that the prevalence of lead service lines in connections to public water
4systems poses a public health hazard and that processes for reducing lead entering
5drinking water from such pipes requires additional treatment of wastewater. It is
6therefore in the public interest, and it is the public policy of this state, to assist
7private users of public water systems in replacing lead service lines.
AB866,2 8Section 2 . 20.370 (7) (cu) of the statutes is created to read:
AB866,3,149 20.370 (7) (cu) Principal repayment and interest — water pollution control
10grants
. From the conservation fund, a sum sufficient to reimburse s. 20.866 (1) (u)
11for the payment of principal and interest costs incurred in providing funds under s.
1220.866 (2) (tj) for water pollution control infrastructure project grants under s.
13281.54 and to make payments under an agreement or ancillary arrangement entered
14into under s. 18.06 (8) (a).
AB866,3 15Section 3 . 20.866 (1) (u) of the statutes, as affected by 2019 Wisconsin Act 9,
16is amended to read:
AB866,4,1217 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys
18appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1)

1(c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e),
220.255 (1) (d), 20.285 (1) (d), (gj), and (je), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7)
3(aa), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs), (ct), (cu),
4(ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko) and
5(3) (e) and (fm), 20.435 (2) (ee), 20.465 (1) (d), 20.485 (1) (f) and (go) and (4) (qm),
620.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a), and 20.867
7(1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL), (bm), (bn),
8(bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (cq), (cr), (cs), (cw), (cx),
9(g), (h), (i), (kd), and (q) for the payment of principal, interest, premium due, if any,
10and payment due, if any, under an agreement or ancillary arrangement entered into
11under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV
12of ch. 18.
AB866,4 13Section 4 . 20.866 (2) (td) of the statutes, as affected by 2019 Wisconsin Act 9,
14is amended to read:
AB866,4,2015 20.866 (2) (td) Safe drinking water loan program. From the capital
16improvement fund, a sum sufficient to be transferred to the environmental
17improvement fund for the safe drinking water loan program under s. 281.61. The
18state may contract public debt in an amount not to exceed $71,400,000 for this
19purpose. The state may contract additional public debt in an amount up to
20$3,550,000
$114,950,000 for this purpose.
AB866,5 21Section 5. 20.866 (2) (ti) of the statutes, as affected by 2019 Wisconsin Act 9,
22is amended to read:
AB866,5,323 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the
24capital improvement fund, a sum sufficient for the department of natural resources
25to fund removal of contaminated sediment under s. 281.87. The state may contract

1public debt in an amount not to exceed $32,000,000 for this purpose. The state may
2contract additional public debt in an amount up to $4,000,000
$57,000,000 for this
3purpose.
AB866,6 4Section 6 . 20.866 (2) (tj) of the statutes is created to read:
AB866,5,95 20.866 (2) (tj) Natural resources; total maximum daily load grants. From the
6capital improvement fund, a sum sufficient for the department of natural resources
7to provide funds for water pollution control infrastructure project grants under s.
8281.54. The state may contract public debt in an amount not to exceed $4,000,000
9for this purpose.
AB866,7 10Section 7 . 281.54 of the statutes is created to read:
AB866,5,16 11281.54 Local pollution control grants in TMDL watersheds. The
12department shall award grants from the appropriation under s. 20.866 (2) (tj) to
13municipalities and counties for water pollution control infrastructure projects
14within watersheds for which a federally approved total maximum daily load under
1533 USC 1313 (d) (1) (C) is in effect. The department shall promulgate rules for the
16administration of the program under this section.
AB866,8 17Section 8 . 281.61 (8) (b) of the statutes is created to read:
AB866,5,2118 281.61 (8) (b) The department of administration shall allocate not more than
19$40,000,000 from proceeds of public debt authorized under s. 20.866 (2) (td) to
20projects involving forgivable loans to private users of public water systems to cover
21not more than 50 percent of the cost to replace lead service lines.
AB866,9 22Section 9 . 281.75 (1) (b) (intro.), 1. and 2. of the statutes are amended to read:
AB866,5,2423 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water
24supply" means a well or private water supply which does any of the following:
AB866,6,3
11. Produces water containing one or more substances of public health concern
2in excess of a primary maximum contaminant level promulgated in the national
3drinking water standards in 40 CFR 141 and 143; .
AB866,6,54 2. Produces water containing one or more substances of public health concern
5in excess of an enforcement standard under ch. 160; or.
AB866,10 6Section 10 . 281.75 (1) (b) 4. of the statutes is created to read:
AB866,6,87 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of
8arsenic or at least 10 parts per million of nitrate nitrogen.
AB866,11 9Section 11 . 281.75 (4m) (a) of the statutes is amended to read:
AB866,6,1310 281.75 (4m) (a) In order to be eligible for an award under this section, the
11annual family income of the landowner or lessee of property on which is located a
12contaminated water supply or a well subject to abandonment may not exceed $65,000
13$100,000.
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