Chapter NR 162

NR 162.24(3)(m) (m) A resolution declaring intent to reimburse municipal accounts with financial assistance proceeds that meets the requirements established in U.S. treasury reimbursement regulations 26 CFR 1.150-2.

NR 162.24(3)(n) (n) A copy of the debt instrument of any interim debt to be refinanced with CWFP financial assistance.

NR 162.24(3)(o) (o) A completed design life worksheet if the applicant at the time of application requests a loan term that is greater than 20 years.

NR 162.24(4) (4) Application submittal deadline and application acceptance. Section NR 162.05 (6) and (7) are applicable to storm water treatment works projects and BMPs.

NR 162.24 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (4) made under s. 35.17, Stats., Register October 2023 No. 814.

NR 162.25 NR 162.25 Financial assistance requirements. Before executing a financial assistance agreement for any project under this subchapter, the department shall determine that all of the applicable requirements of s. NR 162.24 are met, and that all of the following are satisfied:

NR 162.25(1) (1) All of the following documentation, if applicable to the scored project, is submitted to the department:

NR 162.25(1)(a) (a) Certification for force account work as required by s. NR 162.08 (5).

NR 162.25(1)(b) (b) A certification or legal opinion regarding land ownership and acquisition of easements and rights-of-way necessary for the project. The certification or legal opinion shall be in accordance with s. NR 162.055.

NR 162.25(1)(c) (c) Items related to bids for each prime contract, including all of the following:

NR 162.25(1)(c)1. 1. The proposal of the successful bidder.

NR 162.25(1)(c)2. 2. An engineer’s evaluation of the bids, including bid tabulation, and recommendation.

NR 162.25(1)(c)3. 3. If an applicant awards a construction or equipment contract to other than the lowest bidder, one of the following:

NR 162.25(1)(c)3.a. a. Written documentation of the reasons why the lowest bidder is considered nonresponsive or not responsible.

NR 162.25(1)(c)3.b. b. A legal opinion stating that the award to a contractor other than the lowest responsive, responsible bidder meets the requirements of municipal bidding law.

NR 162.25(1)(c)4. 4. Solicitation and utilization information regarding DBEs.

NR 162.25(1)(c)5. 5. Evidence of bid advertisement, which should include appropriate language regarding DBEs submitting bid proposals, American-made product requirements, and wage rates, when applicable.

NR 162.25(1)(c)6. 6. A copy of the bid bond and the performance bond.

NR 162.25(1)(c)7. 7. Evidence of award of the construction contract by the municipality, which may be a notice of award, a municipal resolution, or minutes from the municipal meeting at which the determination of award was made.

NR 162.25(1)(c)8. 8. A complete copy of the executed construction contract with up-to-date copies of all addenda, attachments, appendices, appropriate Davis-Bacon or other wage rate information, and all other applicable documentation that makes the contract complete. If available, the contract submittal should be a copy of the conformed contract.

NR 162.25(1)(c)9. 9. Documentation of the construction start date and expected substantial and final completion dates.

NR 162.25 Note Note: A notice of award and a notice to proceed are preferred but not required for this documentation.

NR 162.25(1)(c)10. 10. All negotiated pending change orders and all executed change orders.

NR 162.25(1)(d) (d) A request for disbursement and required supporting invoices, payoff statements, and other applicable documentation of expenditures, including a copy of the title or deed for land purchased for the project if the applicant is requesting financial assistance for land purchase costs, and complete copies of any contract change orders for which costs are included in the request for disbursement, along with a copy of the department construction management engineer’s change order approval.

NR 162.25(1)(e) (e) Evidence that a bond counsel is drafting legal documents related to the authorization and issuance of bonds for action at a municipal meeting prior to the scheduled loan closing.

NR 162.25(1)(f) (f) Parallel cost percentage information.

NR 162.25(1)(g) (g) An executed intermunicipal agreement or multiple executed agreements described under s. NR 162.24 (3) (g), if 2 or more municipalities utilize shared or interconnected storm water treatment works or a BMP.

NR 162.25(1)(h) (h) Proof that applicable ordinances or other regulatory mechanisms have been adopted by the municipality as required under s. NR 216.07 (3) (a) to effectively prohibit non-storm water discharges into the storm sewer system and implement appropriate enforcement procedures and actions.

NR 162.25(1)(i) (i) A copy of the adopted user charge system and proof that the municipality adopted the user charge system.

NR 162.25(1)(j) (j) A copy of each executed construction management or other professional services contract associated with the project if funds are requested for services included in the contract.

NR 162.25(1)(k) (k) Documentation of compliance with federal requirements, when applicable, which may include federal or state forms, certification of compliance with Davis-Bacon wage rate requirements, certification of use of American-made products in the project, and the cost, effectiveness, energy efficiency, and water efficiency of the selected design.

NR 162.25(2) (2) The department has done all of the following, if applicable to the scored project:

NR 162.25(2)(a) (a) Complied with the Wisconsin environmental policy act requirements pursuant to the procedures in ch. NR 150.

NR 162.25(2)(b) (b) Reviewed and approved the plans and specifications.

NR 162.25(2)(c) (c) Reviewed and concurred with the parallel cost percentage provided by the applicant.

NR 162.25(2)(d) (d) Reviewed and concurred with the design life calculation for the scored project if the applicant is requesting a loan term greater than 20 years.

NR 162.25(3) (3) The scored project has met the priority requirements of subch. V.

NR 162.25(4) (4) The applicant has the legal, institutional, managerial, technical, and financial capability to ensure adequate construction, operations, and maintenance of the storm water treatment works or BMP throughout the applicant’s jurisdiction.

NR 162.25(5) (5) DOA finds that the municipality is likely to be able to meet the terms and conditions for receiving financial assistance under ch. Adm 35 and s. 281.59, Stats.

NR 162.25(6) (6) The applicant has received or applied for permits required by the department for the scored project, including those under chs. 30 and 283, Stats.

NR 162.25(7) (7) The applicant agrees to do all of the following:

NR 162.25(7)(a) (a) Adopt local ordinances for construction site erosion and sediment control and post-construction storm water management as required under s. NR 216.07 (4) and (5).

NR 162.25(7)(b) (b) Adopt a municipal storm water management plan for new development and redevelopment, consistent with performance standards delineated in ch. NR 151 developed by the department under s. 281.33 (3), Stats.

NR 162.25(7)(c) (c) Adopt a storm water management zoning ordinance for new development and redevelopment, when required by the department.

NR 162.25 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.26 NR 162.26 Requirements for a user charge system.

NR 162.26(1) (1) General. Any user charge system and applicable ordinances adopted by a recipient under s. NR 216.07 (3) (a) shall be maintained for the useful life of a storm water treatment works or BMP. The applicant shall submit user charge information, if applicable as described in sub. (2), to the department and shall certify to the department that the user charge system meets all of the applicable requirements in this section.

NR 162.26(2) (2) Applicability.

NR 162.26(2)(a) (a) A user charge system is required under this chapter for any storm water project for which the applicant is securing the loan with a pledge of utility revenues.

NR 162.26(2)(b) (b) A user charge system is required of the applicant for any storm water project that requires an intermunicipal agreement under s. NR 162.24 (3) (h).

NR 162.26(3) (3) User charge system requirements. Any user charge system under this section shall do all of the following:

NR 162.26(3)(a) (a) Require that each user or user class pays its proportionate share of operation and maintenance costs, including replacement costs, of the storm water treatment works or BMP within the recipient’s service area.

NR 162.26(3)(b) (b) Provide that the costs of operation and maintenance for all flow not directly attributable to users be distributed proportionally among all users of the recipient’s storm water treatment works or BMP.

NR 162.26(3)(c) (c) Require that the charges for users or user classes generate sufficient revenue to pay costs identified in par. (e) 2. and 3.

NR 162.26(3)(d) (d) Require that the recipient establish an equipment replacement fund, maintain the equipment replacement fund as a separate fund of the municipality, and make deposits to this fund on an annual basis or maintain a balance acceptable to the department. This fund is to be used for the costs of replacing equipment related to the storm water treatment works or BMP, or conducting maintenance of a runoff treatment works or BMP. The municipality may also use the equipment replacement fund for unexpected unbudgeted costs incurred for continuing effective operations of the treatment works or BMP. The municipality shall periodically make appropriate adjustments to the equipment replacement fund deposit schedule or balance, including adjustments needed to bring the fund balance back up following an expenditure from the fund.

NR 162.26(3)(e) (e) Establish a financial management system that accounts for all of the following:

NR 162.26(3)(e)1. 1. Revenues generated.

NR 162.26(3)(e)2. 2. Costs of operations and maintenance of the storm water treatment works or BMP, including an appropriate amount of money to be deposited annually into the equipment replacement fund.

NR 162.26(3)(e)3. 3. Debt service costs, including debt service reserves, and debt coverage requirements, if applicable. In this subdivision, “debt coverage” means the ratio of net revenue available for debt service to the average annual debt service requirements of an issue of revenue bonds.

NR 162.26(3)(f) (f) Require the review, at least once every 2 years, of the runoff contribution of users and user classes, the total costs of operations and maintenance of the storm water treatment works or BMP, and the user charge system.

NR 162.26(3)(g) (g) Provide that each user is notified, at least annually, in conjunction with a regular bill, of the rate of charge attributable to service provided by the storm water treatment works or BMP.

NR 162.26(3)(h) (h) Be based on actual or estimated use except as provided for under s. 281.58 (14) (b) 7., Stats.

NR 162.26(4) (4) Municipal responsibilities. The municipality shall do all of the following:

NR 162.26(4)(a) (a) Incorporate the user charge system, if applicable, in one or more municipal ordinances or other legislative enactments, and make reference to the user charge system or systems in intermunicipal agreements if the project serves more than one municipality.

NR 162.26(4)(b) (b) Terminate any term or condition of any pre–existing agreement or contract between the recipient and a user that is inconsistent with the requirements of this section.

NR 162.26(4)(c) (c) Maintain records to document compliance with this section.

NR 162.26(4)(d) (d) For a runoff treatment works or BMP, demonstrate adequate legal authority established by statute, ordinance, or series of contracts to meet the provisions of s. NR 216.07 (6).

NR 162.26(5) (5) Department review. The department may annually review a recipient’s user charge system to ensure that it continues to meet the requirements of this section.

NR 162.26 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.27 NR 162.27 Procurement. Procurement requirements included in s. NR 162.08 are applicable to storm water projects.

NR 162.27 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.28 NR 162.28 Reimbursement and refinancing. Section NR 162.09 is applicable to storm water projects.

NR 162.28 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.29 NR 162.29 Loan interest rate. Section NR 162.10 is applicable to storm water projects.

NR 162.29 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.30 NR 162.30 Financial assistance agreement conditions.

NR 162.30(1) (1) Each financial assistance agreement shall require the recipient to do all of the following:

NR 162.30(1)(a) (a) Maintain a system of user charges in accordance with s. NR 162.26, if applicable as described in s. NR 162.26 (2), and maintain ordinances and other legal authorities in accordance with ch. NR 216, for the useful life of the treatment works or BMP.

NR 162.30(1)(b) (b) Comply with all pertinent requirements of federal, state, and local environmental laws and regulations.

NR 162.30(1)(c) (c) For financial assistance provided directly from a federal capitalization grant, comply with the requirements contained in 33 USC 1251 to 1274 and 33 USC 1381 to 1387, if required by the terms of the capitalization grant.

NR 162.30(1)(d) (d) Comply with all state and local laws regarding procurement and public contracts.

NR 162.30(1)(e) (e) Provide department representatives access to the scored project, including all construction activities, whenever the project is in preparation or progress. For purposes of providing access, the recipient shall do all of the following:

NR 162.30(1)(e)1. 1. The recipient shall in each of its contracts for the project include a provision that requires the recipient and its contractors to allow the department access to records of contractors and subcontractors pertinent to the project for the purpose of making inspections, examinations, excerpts, copies, and transcriptions.

NR 162.30(1)(e)2. 2. The recipient shall allow DOA or its agent access to records for audits.

NR 162.30(1)(f) (f) Expeditiously initiate and complete the project in accordance with the financial assistance agreement and application, including construction of and payments for the portions ineligible for CWFP financial assistance and any project schedule approved by the department. Failure of the recipient to promptly initiate project work may be deemed a breach of the financial assistance agreement.

NR 162.30(1)(g) (g) Promptly notify the department of changes to the project, including notifying a department plan reviewer and the department construction management engineer when plans and specifications are being revised.

NR 162.30(1)(h) (h) Promptly submit to the department a copy of any prime professional services or construction contract or modification to a contract and any revisions to plans and specifications.

NR 162.30(1)(i) (i) Begin repayment of the principal balance of the loan no later than 12 months after the substantial completion date of the project as specified in the financial assistance agreement and make the final principal payment no later than 20 years after the date of the financial assistance agreement unless the financial assistance agreement term is greater than 20 years but not more than 30 years. If the loan term is greater than 20 years, the municipality shall make the final principal payment no later than 30 years after the date of the financial assistance agreement.

NR 162.30(1)(j) (j) Comply with all applicable construction site performance standards and technical standards established in ch. NR 151 for controlling runoff pollution.