NR 162.40(7)(a)(a) The department determines that it received all the applicable items and information required under sub. (5) for the scored project. NR 162.40(8)(8) Deadline for signing interest rate subsidy agreement. The department shall set in the CWFP annual intended use plan a deadline for signing an interest rate subsidy agreement. An applicant shall sign an interest rate subsidy agreement within the timeframe set by the department. An applicant shall time its submittal of the application accordingly. If an interest rate subsidy agreement is not signed within the established timeframe, the applicant’s project shall lose its allocated subsidy. NR 162.40 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (1), (4) made under s. 35.17, Stats., Register October 2023 No. 814. NR 162.41NR 162.41 Interest rate subsidy requirements. Before awarding interest rate subsidy for any project, the department shall determine that all of the applicable requirements of s. NR 162.40 are met, and that all of the following are satisfied: NR 162.41(1)(1) The department received all of the following information pertaining to the applicant’s BCPL loan: NR 162.41(1)(b)(b) A copy of the application review letter from the attorney general’s office. NR 162.41(2)(2) The project has met the priority requirements of subch. V. NR 162.41(3)(3) If requested by the department, the municipality submitted copies of executed engineering contracts for planning, design, and construction. NR 162.41(4)(4) If requested by the department, the municipality submitted information related to bids and construction contracts. NR 162.41(5)(5) The department determined the parallel cost percentage, provided plans and specifications approval to the municipality, and complied with the Wisconsin environmental policy act requirements under the procedures in ch. NR 150 for the scored project. NR 162.41(6)(6) The applicant has the legal, institutional, managerial, and financial capability to ensure adequate construction, operation, and maintenance of the treatment work or BMP throughout the applicant’s jurisdiction. NR 162.41(7)(7) DOA determined that the municipality can meet the terms and conditions for receiving financial assistance under ch. Adm 35 and s. 281.59, Stats. NR 162.41(8)(8) If requested by the department, the municipality submitted additional financial information required by DOA. NR 162.41(9)(9) The applicant received, or applied for, any state permits required by the department, including those under chs. 30 and 283, Stats. NR 162.41(10)(10) If requested by the department, the municipality submitted information regarding its user charge system and sewer use or storm water utility ordinance in addition to that required under s. NR 162.40 (5) (c). NR 162.41(11)(11) If requested by the department, the municipality submitted other documentation or certifications in support of the application. NR 162.41 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (10) made under s. 13.92 (4) (b) 7., Stats., Register October 2023 No. 814. NR 162.42(1)(1) Applicability. Procurement of professional services and construction contracts by recipients under this subchapter shall be in accordance with the requirements of s. NR 162.08 (1) to (3) and (5) to (7). NR 162.42 NoteNote: Once an interest rate subsidy agreement is executed by the municipality and the CWFP, no further amendments to professional services contracts or change orders for construction contracts can be considered for subsidy.
NR 162.42(2)(2) Utilization of minority business enterprises and women business enterprises. Applicants are encouraged to provide DBEs, including MBEs and WBEs, the maximum feasible opportunity to compete for contracts and subcontracts and to utilize DBEs, including MBEs and WBEs, for their projects. The Wisconsin department of transportation unified certification program’s list of certified DBEs is available online. Applicants are encouraged to use this list when soliciting DBEs for participation in the project. Recipients shall provide documentation of any MBE or WBE utilization to the department. NR 162.42 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.43NR 162.43 Determination of interest rate subsidy. NR 162.43(1)(1) General. Interest rate subsidies shall be set in accordance with s. 281.58 (8) (j) and (12) (a), Stats., and this section. Subsidies are not available for interest payments that were due to the BCPL prior to the execution of an interest rate subsidy agreement with the department. NR 162.43(3)(3) Project interest rate calculation. The department shall calculate the project interest rate according to s. NR 162.10 (2). NR 162.43 NoteNote: Section NR 162.10 (1) (b) does not apply to projects subsidized under this subchapter. NR 162.43(4)(a)(a) Only that portion of the recipient’s BCPL loan that is used for a scored project is eligible for interest rate subsidy. NR 162.43(4)(b)(b) The maximum amount of project costs eligible for interest rate subsidy is the total eligible costs of the scored project multiplied by the parallel cost percentage as determined under the applicable requirements of s. NR 162.04 (1) (c). NR 162.43(4)(c)(c) The interest rate subsidy shall be based on the market interest rate in effect at the time the interest rate subsidy agreement is executed. NR 162.43(4)(d)(d) The department shall calculate the interest rate subsidy as follows: Where:
Loan ratio . . . is the percentage of the BCPL loan principal that is eligible for interest rate subsidy.
Eligible principal . . . is the lesser of the BCPL loan amount eligible for interest rate subsidy under par. (a) or the CWFP project costs eligible for subsidy under par. (b).
Loan principal . . . is the original total BCPL loan amount.
Where:
Interest ratio . . . is the interest rate subsidy as a percentage applicable interest rate, before adjusting for the eligible share of BCPL loan principal.
Interest rate . . . is the lesser of the market interest rate or the interest rate on the BCPL loan.
Project rate . . . is the project interest rate calculated under s. NR 162.10 (2) (b). NR 162.43(4)(d)4.4. Annual interest rate subsidy = Interest charged on BCPL loan * Subsidy ratio. Where:
Annual interest rate subsidy . . . is the dollar amount of the subsidy provided to the municipal recipient in a given year, based on the interest amount billed to the municipality that year for the BCPL loan.
Interest charged on BCPL loan . . . is the amount of interest charged by the BCPL for the applicable loan in a given year.
Subsidy ratio . . . is the subsidy ratio calculated in subd. 3., which is the percentage to be applied to interest charged on a BCPL loan in a given year to calculate the appropriate amount of interest rate subsidy to provide the municipality in that year. The subsidy ratio shall not be less than zero percent or greater than 100 percent.
NR 162.43 NoteNote: DOA annually calculates the interest rate subsidy amount for each CWFP interest rate subsidy agreement still in effect. The amount provided to the municipality in a given year is based on information supplied by the BCPL regarding the amount of interest charged during that year on each outstanding BCPL loan associated with a CWFP interest rate subsidy agreement. The BCPL determines the type of municipal obligation that is required for the repayment of its loan.
NR 162.43 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.44NR 162.44 Interest rate subsidy agreement conditions. NR 162.44(1)(1) Comply with laws. The interest rate subsidy agreement shall require the recipient and the treatment works or BMP to comply with all pertinent requirements of federal, state, and local laws and regulations and outstanding CWFP and safe drinking water loan program financial assistance agreements. NR 162.44(2)(2) Recipient requirements. The interest rate subsidy agreement shall require the recipient to do all of the following: NR 162.44(2)(a)(a) Access. Provide department representatives access to the project, including construction activities, whenever it is in preparation or progress. The recipient shall allow department representatives access to records of contractors and subcontractors that are pertinent to the project for the purpose of making inspections, examinations, excerpts, copies, and transcriptions. The recipient shall also allow DOA access to records for audits. NR 162.44(2)(b)(b) Operations and maintenance. Develop and adopt a program of system-wide operations and maintenance of the treatment works, including the training of personnel. NR 162.44(2)(c)(c) Erosion and sediment control. Comply with all applicable construction site performance standards and technical standards established in ch. NR 151 for controlling runoff pollution. NR 162.44 NoteNote: Storm water technical standards, models, and BMPs are available online at http://dnr.wi.gov/topic/stormwater/standards/. Use the standards to plan, design, install, and maintain erosion and sediment control, and storm water management practices, to comply with ch. NR 151. This information on the web is also available in paper form and may be obtained from the Department of Natural Resources, Bureau of Community Financial Assistance, 101 South Webster Street, Madison, Wisconsin 53702. NR 162.44(2)(d)(d) Construction inspection. Provide and maintain adequate construction inspection to ensure conformance with the approved plans and specifications. NR 162.44(2)(e)(e) Substantial completion. Notify the department of the substantial completion of the project. NR 162.44(2)(f)(f) Minority business enterprise and women business enterprise utilization reporting requirements. Document all utilization of MBEs and WBEs on the project. NR 162.44(3)(3) Effective date. The interest rate subsidy agreement is not effective until executed by all parties to the agreement. NR 162.44(4)(4) Debt service and equipment replacement fund. If required under s. 281.58 (14) (b) 7., Stats., the recipient shall adopt and maintain a user charge system that generates sufficient revenue to cover the cost of debt service and equipment replacement. NR 162.44 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.45NR 162.45 Financial management. The recipient shall do all of the following: NR 162.45(1)(1) Maintain project accounts in accordance with generally accepted accounting principles or other methods of accounting accepted by the department or required by the federal government. NR 162.45(2)(2) Maintain a financial management system that meets the requirements, terms, and conditions of the interest rate subsidy agreement. NR 162.45 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.46NR 162.46 Interest rate subsidy disbursements and project closeout. NR 162.46(1)(1) General. After execution of the interest rate subsidy agreement, DOA may provide interest rate subsidy for the eligible portion of project costs incurred within the scope of a scored project. The department shall determine compliance with the terms and conditions of the interest rate subsidy agreement before interest rate subsidy payments are made. NR 162.46(2)(2) Application of subsidy payments. Subsidy payments shall be applied to the interest due on the BCPL loan. NR 162.46(3)(a)(a) The eligible costs established in the interest rate subsidy agreement that were used to calculate the subsidy payment may not be increased by amendment or change order. NR 162.46(3)(b)(b) An executed interest rate subsidy agreement may be amended only if the department or DOA determines that an amendment is needed to correct an error or errors in the agreement. NR 162.46(4)(4) Project closeout. All of the following project closeout procedures shall be completed as soon as is practicable after the final completion of project construction: NR 162.46(4)(a)(a) Final inspection. The recipient shall notify the department of the final completion of the project. The department may complete a final inspection of the project. NR 162.46(4)(b)(b) Documentation of minority business enterprise and women business enterprise utilization. The recipient shall document and submit information regarding utilization of MBEs and WBEs in the form required by the department. NR 162.46(4)(c)(c) Operations and maintenance. The municipality shall submit to the department evidence that its operations and maintenance manual has been updated as required by the department. NR 162.46(4)(d)(d) Department confirmation of recipient’s compliance. The department shall inform DOA of the recipient’s compliance with all applicable requirements of this chapter and the interest rate subsidy agreement. NR 162.46(4)(e)(e) Closeout of completed projects. If the recipient does not provide the required documents for project closeout of a completed project to the department for any CWFP interest rate subsidy agreement or other financial assistance from the environmental improvement fund and applies for funding from the environmental improvement fund for another project, the department may deny financial assistance for the new project until the previous project is closed out according to requirements in this chapter. NR 162.46 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.47NR 162.47 Breach of contract and noncompliance. The department may rescind an interest rate subsidy agreement or seek any other appropriate administrative remedy upon breach of contract by the recipient or if the recipient fails to comply with ss. 281.58 and 281.59, Stats., or with provisions of this chapter.
