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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.
AB866,12 14Section 12 . 281.75 (5) (b) 1. of the statutes is amended to read:
AB866,6,1815 281.75 (5) (b) 1. Test results which show that the private water supply is
16contaminated, as defined under sub. (1) (b) 1. or , 2., or 4., information to show that
17the private water supply is contaminated as defined under sub. (1) (b) 3., or
18information to show that the well is a well subject to abandonment;
AB866,13 19Section 13 . 281.75 (5) (f) of the statutes is amended to read:
AB866,6,2520 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate
21money for the payment of claims according to the order in which completed claims
22are received. The department may conditionally approve a completed claim even if
23the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The
24department shall allocate money for the payment of a claim which is conditionally
25approved as soon as funds become available.
AB866,14
1Section 14. 281.75 (5) (g) of the statutes is created to read:
AB866,7,42 281.75 (5) (g) If the appropriation under s. 20.370 (6) (cr) is insufficient to pay
3claims, the department may, for claims based on nitrate nitrogen levels, allocate
4money for the payment of those claims in the following order of priority:
AB866,7,65 1. Claims based on water containing more than 40 parts per million of nitrate
6nitrogen.
AB866,7,87 2. Claims based on water containing more than 30 but not more than 40 parts
8per million of nitrate nitrogen.
AB866,7,109 3. Claims based on water containing more than 25 but not more than 30 parts
10per million of nitrate nitrogen.
AB866,7,1211 4. Claims based on water containing more than 20 but not more than 25 parts
12per million of nitrate nitrogen.
AB866,7,1413 5. Claims based on water containing more than 10 but not more than 20 parts
14per million of nitrate nitrogen.
AB866,15 15Section 15 . 281.75 (6) (a) of the statutes is amended to read:
AB866,7,1916 281.75 (6) (a) Contamination of a private water supply, as defined under sub.
17(1) (b) 1. or, 2., or 4., is required to be established by analysis of at least 2 samples of
18water, taken at least 2 weeks apart, in a manner which assures the validity of the
19test results. The samples shall be tested by a laboratory certified under s. 299.11.
AB866,16 20Section 16 . 281.75 (7) (a) of the statutes is amended to read:
AB866,8,221 281.75 (7) (a) If the department finds that the claimant meets all the
22requirements of this section and rules promulgated under this section and that the
23private water supply is contaminated or that the well is a well subject to
24abandonment, the department shall issue an award. The Except as provided under

1par. (am), the
award may not pay more than 75 percent of the eligible costs. The
2award may not pay any portion of eligible costs in excess of $16,000.
AB866,17 3Section 17 . 281.75 (7) (am) of the statutes is created to read:
AB866,8,64 281.75 (7) (am) An award under this subsection may pay up to 100 percent of
5the eligible costs if the annual family income of the claimant is below the median
6family income for the state, as determined by U.S. Bureau of the Census.
AB866,18 7Section 18 . 281.75 (7) (b) of the statutes is repealed.
AB866,19 8Section 19 . 281.75 (9) of the statutes is repealed.
AB866,20 9Section 20. Fiscal changes.
AB866,8,1610 (1) Lake protection grants. In the schedule under s. 20.005 (3) for the
11appropriation to the department of natural resources under s. 20.370 (6) (ar), the
12dollar amount for fiscal year 2019-20 is increased by $747,400 for the purpose of
13grants and contracts under ss. 281.68 and 281.69. In the schedule under s. 20.005
14(3) for the appropriation to the department of natural resources under s. 20.370 (6)
15(ar), the dollar amount for fiscal year 2020-21 is increased by $747,400 for the
16purpose of grants and contracts under ss. 281.68 and 281.69.
AB866,8,2517 (2) River protection grants. In the schedule under s. 20.005 (3) for the
18appropriation to the department of natural resources under s. 20.370 (6) (av), the
19dollar amount for fiscal year 2019-20 is increased by $710,500 for the purpose of
20river protection grants and contracts under s. 281.70 and lake monitoring and
21protection contracts under s. 281.68 (1t). In the schedule under s. 20.005 (3) for the
22appropriation to the department of natural resources under s. 20.370 (6) (av), the
23dollar amount for fiscal year 2020-21 is increased by $710,500 for the purpose of
24river protection grants and contracts under s. 281.70 and lake monitoring and
25protection contracts under s. 281.68 (1t).
AB866,9,9
1(3) Nonpoint source water pollution abatement. In the schedule under s.
220.005 (3) for the appropriation to the department of natural resources under s.
320.370 (6) (aq), the dollar amount for fiscal year 2019-20 is increased by $300,000
4for the purpose of grants and assistance under the nonpoint source water pollution
5abatement program under s. 281.65. In the schedule under s. 20.005 (3) for the
6appropriation to the department of natural resources under s. 20.370 (6) (aq), the
7dollar amount for fiscal year 2020-21 is increased by $300,000 for the purpose of
8grants and assistance under the nonpoint source water pollution abatement
9program under s. 281.65.
AB866,9,1710 (4) Nonpoint source water pollution abatement contracts. In the schedule
11under s. 20.005 (3) for the appropriation to the department of natural resources
12under s. 20.370 (9) (at), the dollar amount for fiscal year 2019-20 is increased by
13$230,000 for the purpose of nonpoint source water pollution abatement program
14contracts under s. 281.65 (4g). In the schedule under s. 20.005 (3) for the
15appropriation to the department of natural resources under s. 20.370 (9) (at), the
16dollar amount for fiscal year 2020-21 is increased by $230,000 for the purpose of
17nonpoint source water pollution abatement program contracts under s. 281.65 (4g).
AB866,9,2418 (5) Well contamination and abandonment. In the schedule under s. 20.005 (3)
19for the appropriation to the department of natural resources under s. 20.370 (6) (cr),
20the dollar amount for fiscal year 2019-20 is increased by $800,000 for the purpose
21of paying compensation under s. 281.75. In the schedule under s. 20.005 (3) for the
22appropriation to the department of natural resources under s. 20.370 (6) (cr), the
23dollar amount for fiscal year 2020-21 is increased by $800,000 for the purpose of
24paying compensation under s. 281.75.
AB866,10,8
1(6) Well contamination and abandonment position. In the schedule under s.
220.005 (3) for the appropriation to the department of natural resources under s.
320.370 (9) (mv), the dollar amount for fiscal year 2019-20 is increased by $74,200 to
4increase the authorized FTE positions for the department by 1.0 SEG position to
5administer the well compensation program under s. 281.75. In the schedule under
6s. 20.005 (3) for the appropriation to the department of natural resources under s.
720.370 (9) (mv), the dollar amount for fiscal year 2020-21 is increased by $98,800 to
8provide funding for the position authorized under this subsection.
AB866,10,169 (7) Soil and water resource management program. In the schedule under s.
1020.005 (3) for the appropriation to the department of agriculture, trade and
11consumer protection under s. 20.115 (7) (c), the dollar amount for fiscal year 2019-20
12is increased by $563,000 for the soil and water resource management program under
13s. 92.14. In the schedule under s. 20.005 (3) for the appropriation to the department
14of agriculture, trade and consumer protection under s. 20.115 (7) (c), the dollar
15amount for fiscal year 2020-21 is increased by $563,000 for the soil and water
16resource management program under s. 92.14.
AB866,10,1717 (End)
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