Chapter Adm 93

Chapter Adm 93

SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
COMMUNITY AND ECONOMIC DEVELOPMENT

Subchapter I — General Provisions

Adm 93.01   Purpose and authority.

Adm 93.02   Eligibility.

Adm 93.03   Definitions.

Adm 93.04   National objectives.

Adm 93.05   Application materials and manual.

Adm 93.06   Distribution of funds.

Adm 93.07   Limits upon awards.

Adm 93.08   Construction.

Subchapter II — Public Facilities Program

Adm 93.09   Public facilities program.

Adm 93.10   Distress indicators.

Adm 93.11   Needs assessment.

Adm 93.12   Utility rates.

Adm 93.13   Leveraging.

Subchapter III — Economic Development Program

Adm 93.14   Economic development program.

Adm 93.15   Job creation and retention requirements.

Adm 93.16   Revolving loan funds.

Subchapter IV — Public Facilities Economic Development

Adm 93.17   Public facilities economic development program.

Adm 93.18   Job creation and retention requirements.

Subchapter V — Blight Elimination and Brownfield Site Redevelopment Program

Adm 93.19   Blight elimination and brownfield site redevelopment program.

Adm 93.20   Blight elimination and brownfield site redevelopment project requirements and limits.

Subchapter VI — Emergency Grants

Adm 93.21   Eligibility.

Adm 93.22   Funding.

Adm 93.23   Applications.

Subchapter VII — Planning Grants

Adm 93.24   Planning grant program.

subch. I of ch. Adm 93 Subchapter I — General Provisions

Adm 93.01 Adm 93.01 Purpose and authority.

Adm 93.01(1) (1) Purpose. The purpose of this chapter is to set forth the criteria the department will use to administer the Community Development Block Grant (CDBG) program with funds that the department receives from the federal government under 42 USC 5301 to 5319 and 24 CFR Part 570.

Adm 93.01 Note Note: Copies of 42 USC 5301 to 5319 and 24 CFR Part 570 are available on request from: U.S. Government Printing Office (GPO); phone [phone] or [phone]; fax [phone]. Copies also may be accessed from the webpage: http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/communitydevelopment/rulesandregs.

Adm 93.01(2) (2) Authority. This chapter constitutes the process for accepting, evaluating, and scoring applications, and awarding of grants for the CDBG program as promulgated under the authority given in s. 16.309, Stats.

Adm 93.01 History History: EmR1309: emerg. cr. eff. 7-1-13; CR 13-069: cr. Register April 2014 No. 700, eff. 5-1-14.

Adm 93.02 Adm 93.02 Eligibility.

Adm 93.02(1) (1) Except as provided in sub. (2), any local government may apply for CDBG funds under this chapter.

Adm 93.02(2) (2) A local government that fails to comply with any of the administrative, underwriting, recordkeeping, reporting, auditing, closeout, payment, reimbursement, or other requirements of this chapter may not apply for or receive CDBG funds from the department under this chapter until such time as the noncompliance has been determined to be resolved to the satisfaction of the department.

Adm 93.02 History History: EmR1309: emerg. cr. eff. 7-1-13; CR 13-069: cr. Register April 2014 No. 700, eff. 5-1-14; correction in (2) made under s. 35.17, Stats., Register April 2014 No. 700.

Adm 93.03 Adm 93.03 Definitions. In this chapter:

Adm 93.03(1) (1) “Application” means an application for CDBG funds under this chapter.

Adm 93.03(2) (2) “Blight” has the meaning set forth in s. 66.1331 (3) (a), Stats.

Adm 93.03 Note Note: Section 66.1331 (3) (a), Stats., reads: “Blighted area” means any area, including a slum area, in which a majority of the structures are residential or in which there is a predominance of buildings or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of these factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.

Adm 93.03(3) (3) “Blight elimination and brownfield redevelopment program” means the blight elimination and brownfield redevelopment program administered under subch. V.

Adm 93.03(4) (4) “Blighted property” has the meaning set forth in s. 66.1333 (2m) (bm), Stats. For the purposes of this chapter, the definition of blighted property shall apply to cities, villages, towns, and counties.

Adm 93.03 Note Note: Section 66.1333 (2m) (bm), Stats., reads: “Blighted property” means any property within a city, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and is detrimental to the public health, safety, morals or welfare, or any property which by reason of faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair market value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provisions of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use, or any property which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.

Adm 93.03(5) (5) “Blighted site or brownfield site redevelopment project” means any work or undertaking by a local government to acquire a blighted or brownfield site, to conduct an environmental audit, to engage in environmental remediation, and to raze, demolish, remove, reconstruct, renovate, or rehabilitate existing buildings, structures, or other improvements to promote use of a blighted or brownfield site by a business or person for purposes that will result in end uses with a taxable value in accordance with an approved blighted or brownfield site redevelopment plan.

Adm 93.03(6) (6) “Blighted site or brownfield site” means an abandoned, idle, or underused industrial or commercial facility or site in a blighted area, or that qualifies as a blighted property, the expansion or redevelopment of which is adversely affected by actual or perceived environmental pollution.

Adm 93.03(7) (7) “CDBG funds” means community development block grant funds awarded to the department by the federal government under 42 USC 5301 to 5319.

Adm 93.03(8) (8) “Department” means the department of administration.

Adm 93.03(9) (9) “Economic development program” means the economic development program administered under subch. III.

Adm 93.03(10) (10) “Eligible local government” means a local government that is eligible to apply for and receive CDBG funds under the U.S. Department of Housing and Urban Development’s State and Small Cities Program pursuant to 24 CFR 570.3.

Adm 93.03(11) (11) “Emergency grant program” means the program administered under subch. VI.

Adm 93.03(12) (12) “Environmental audit” means an investigation, analysis, and monitoring of a brownfield site to determine the existence and extent of actual or potential environmental pollution.

Adm 93.03(13) (13) “Environmental pollution” has the meaning set forth in s. 291.01 (4), Stats.

Adm 93.03 Note Note: Section 291.01 (4), Stats., defines “environmental pollution” to mean the contamination or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

Adm 93.03(14) (14) “Environmental remediation activities” has the meaning set forth in s. 238.13 (1) (d), Stats.

Adm 93.03 Note Note: Section 238.13 (1) (d), Stats., reads: “Environmental remediation activities” means investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution; abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.

Adm 93.03(15) (15) “Full-time job” has the meaning set forth in s. 71.07 (2dx) (a) 4., Stats.

Adm 93.03 Note Note: Section 71.07 (2dx) (a) 4. reads: “Full-time job” means a regular, non-seasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150% of the federal minimum wage and receives benefits that are not required by federal or state law. “Full-time job” does not include initial training before an employment position begins.