NR 166.03(55) (55) “Scored project" means a project to which all of the following apply:
NR 166.03(55)(a) (a) The type of project meets eligibility criteria established in s. NR 166.06 (1).
NR 166.03(55)(b) (b) The planned set of activities of the project includes construction activities that are reasonably necessary and appropriate to address a particular public health or water system concern.
NR 166.03(55)(c) (c) The scope of work is described in a priority evaluation and ranking form and a notice of intent to apply submitted by the applicant.
NR 166.03(55)(d) (d) The department completed all of the following actions:
NR 166.03(55)(d)1. 1. Reviewed the priority evaluation and ranking form.
NR 166.03(55)(d)2. 2. Made any appropriate changes to the scope of work identified by the applicant to remove work that is superfluous to the scope of work necessary to address the particular public health or water system concern.
NR 166.03(55)(d)3. 3. Determined the project priority score based on the adjusted scope.
NR 166.03(55)(d)4. 4. Provided a SDWLP project number to the scored scope of work.
NR 166.03(56) (56) “Service line" means the connection from a publicly or privately owned water system to a residential, commercial, institutional, or industrial user located in the public right–of–way or on private property.
NR 166.03(57) (57) “Significant noncomplier" means a public water system that the U. S. environmental protection agency has reported to the department to be in significant noncompliance with any requirement of a primary drinking water regulation or variance under 42 USC 300g-1.
NR 166.03(58) (58) “Subsidy" means the amount provided from the environmental improvement fund to a recipient of SDWLP financial assistance to reduce the interest rate of a loan made under the SDWLP from the market interest rate to a lesser rate, or to forgive a portion of the principal of an SDWLP loan.
NR 166.03(59) (59) “Substantial completion" means the date on which project construction is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the project for its intended use.
NR 166.03(61) (61) “Treatment technique" means one or more methods of treatment that are known to remove or inactivate giardia and viruses as determined in ss. NR 810.29 and 810.31.
NR 166.03(62) (62) “Utility" means a public utility as defined in s. 196.01 (5), Stats.
NR 166.03(63) (63) “Water rates" means a charge or system of charges levied on users of a water system for the user's proportional share of the revenue requirement of a water system that consists of operation and maintenance expenses, depreciation, taxes and return on investment.
NR 166.03(64) (64) “Water system" means all structures, conduits and appurtenances by means of which water is obtained or drawn from a source and eventually delivered to consumers, except piping and fixtures inside buildings served and the privately owned portions of service lines from street mains to buildings.
NR 166.03(65) (65) “Women business enterprise" or “WBE" means a DBE that is owned or controlled on a daily basis by a woman or women.
NR 166.03 History History: CR 14-044: cr. Register June 2015 No. 714, eff. 7-1-15.
subch. II of ch. NR 166 Subchapter II — Financial Assistance Requirements
NR 166.04 NR 166.04Types of financial assistance available. The department and DOA may, subject to applicable requirements of ss. 281.59 and 281.61, Stats., and ch. Adm 35, provide to eligible applicants for eligible projects any of the following types of financial assistance unless the project has been substantially complete for 3 years or longer or the applicant already has long-term affordable debt outstanding for its completed or substantially completed project:
NR 166.04(1) (1) Subject to the limits established in s. NR 166.07 (3), purchase or refinance a municipality's interim financing.
NR 166.04(2) (2) Guarantee, or purchase insurance for, municipal obligations for construction if the guaranteed or purchased insurance would improve credit market access or reduce interest costs on the municipal obligations.
NR 166.04(3) (3) Make loans below the market interest rate.
NR 166.04 History History: CR 14-044: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 166.05 NR 166.05Annual funding policy, project priority list and funding list.
NR 166.05(1) (1)Funding policy and project priority list. The department may produce an annual SDWLP funding policy in conjunction with the fiscal year's project priority list established under s. NR 166.25. The funding policy may describe methods for making funding determinations and other policies related to the fiscal year. If the department publishes a funding policy for a given year, it shall provide an opportunity for public comment regarding the funding policy.
NR 166.05(2) (2)Funding list. The department shall prepare an annual funding list in accordance with s. 281.61 (8), Stats., and s. NR 166.25.
NR 166.05 History History: CR 14-044: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 166.06 NR 166.06Project eligibility.
NR 166.06(1) (1)Eligible projects. A municipality may receive financial assistance under this chapter for a project that has any of the following purposes:
NR 166.06(1)(a) (a) Address safe drinking water act health standards that have been exceeded or to prevent future violations of health standards and regulations contained in ch. NR 809. This includes projects to maintain compliance with existing regulations for contaminants with acute health effects and regulations for contaminants with chronic health effects.
NR 166.06(1)(b) (b) Replace infrastructure if necessary to maintain compliance with or further the public health protection goals of the safe drinking water act. This includes projects with any of the following purposes:
NR 166.06(1)(b)1. 1. Rehabilitate or develop sources to replace contaminated sources, excluding reservoirs, dams, dam rehabilitation, and water rights.
NR 166.06(1)(b)2. 2. Install or upgrade treatment facilities if, in the department's opinion, the project would improve the quality of drinking water to comply with primary or secondary drinking water standards.
NR 166.06(1)(b)3. 3. Install or upgrade storage facilities, including finished water reservoirs, to prevent microbiological contaminants from entering the public water system.
NR 166.06(1)(b)4. 4. Install, replace, or rehabilitate transmission and distribution pipes to prevent contamination caused by leaks or breaks in the pipe, or improve water pressure to safe levels.
NR 166.06(1)(c) (c) Consolidate existing community water systems that have technical, financial, or managerial difficulties. Projects for consolidating existing systems shall be limited in scope to the service area of the systems being consolidated.
NR 166.06(1)(d) (d) Purchase a portion of another public water system's capacity if it is the most cost–effective solution.
NR 166.06(1)(e) (e) Restructure a public water system that is in noncompliance with the safe drinking water act requirements or lacks the technical, managerial, and financial capability to maintain the system if the assistance will ensure that the system will return to and maintain compliance with the safe drinking water act requirements.
NR 166.06(1)(f) (f) Create a new community water system or expand an existing community water system that, upon completion, will address an existing public health threat from contaminated drinking water provided by individual wells or surface water sources. Projects to address existing public health threats associated with individual wells or surface water sources shall be limited in scope to the specific geographic area affected by contamination and shall be a cost-effective solution to resolve the problem threatening public health. Projects in this paragraph must meet all of the following criteria:
NR 166.06(1)(f)1. 1. The municipality submits documentation, such as well sampling results, showing that the MCL for a microbiological, nitrate or nitrite, or chronic contaminant is exceeded by 40% or more of the individual wells or surface water sources within the affected area; or the municipality submits hydrogeological data or other documentation that indicates contamination is imminent.
NR 166.06(1)(f)2. 2. The department determines that a community water system is a necessary and appropriate response to the contamination.
NR 166.06(2) (2)Ineligible projects. The department may determine that an entire project or a portion of a project is ineligible for SDWLP financial assistance. If the department determines that a portion of a project is ineligible, it shall specifically identify the ineligible portion and the associated costs, or prorate the amount of financial assistance to reflect the appropriate proportion of eligible to ineligible project costs, or both. The following types of projects or portions of projects are not eligible for financial assistance under this chapter:
NR 166.06(2)(a) (a) Building or rehabilitating a dam.
NR 166.06(2)(b) (b) Purchasing or selling water rights, except if the water rights are owned by a public water system that is being purchased through consolidation as part of a capacity development strategy.
NR 166.06(2)(c) (c) Developing a reservoir, except a finished water reservoir or a reservoir that is part of the treatment process and located on the property where the treatment facility is located.
NR 166.06(2)(d) (d) A project or a portion of a project needed primarily for fire protection.
NR 166.06(2)(e) (e) A project for a public water system that lacks adequate technical, managerial, and financial capability, unless assistance will ensure compliance.
NR 166.06(2)(f) (f) A project for a water system determined to be a significant noncomplier unless funding will ensure compliance with safe drinking water act requirements.
NR 166.06(2)(g) (g) A project or a portion of a project primarily intended to serve future growth.
NR 166.06(2)(h) (h) A project or a portion of a project for water systems owned by state or federal agencies.
NR 166.06(2)(i) (i) A project not reasonably necessary and appropriate to address a public health concern.
NR 166.06(2)(j) (j) Any portion of a project that is not reasonably necessary and appropriate to address a public health concern within the core scope of work, except when the applicant identifies an activity outside of the core scope of work in the application form as being necessary for the efficient operation or the integrity of the overall water system and having de minimis cost, and the department determines the cost of that portion of the project to be eligible for financial assistance under the scored project.
NR 166.06(2)(k) (k) Any project from which no construction costs are to be funded through the SDWLP, unless another governmental agency is providing financing for the construction costs and the department receives acceptable documentation, as determined by the department, of the other agency's commitment.
NR 166.06(2)(L) (L) Any project to which one of the following applies, unless the municipalities served by the project execute an intermunicipal agreement that meets the requirements described in s. NR 166.10 (2) (h):
NR 166.06(2)(L)1. 1. The applicant will obtain water from another municipality's water facilities.
NR 166.06(2)(L)2. 2. The applicant is providing water to another municipality.
NR 166.06(2)(m) (m) Projects of a municipality that is failing to substantially comply with conditions or requirements of s. 281.58 or 281.59, Stats., ch. Adm 35, this chapter, or an existing financial assistance agreement with the SDWLP or the clean water fund program.
NR 166.06 History History: CR 14-044: cr. Register June 2015 No. 714, eff. 7-1-15. correction in (2) (m) made under s. 35.17 Register June 2015 No. 714.
NR 166.07 NR 166.07Cost eligibility.
NR 166.07(1) (1)Eligible costs. Allocable project-specific costs that are necessary and reasonable are eligible for financial assistance. Eligible costs include expenses incurred by the municipality for any of the following items and activities when specific to the core scope of work in a scored project, or when approved by the department after being identified in the application as necessary for the efficient operation or the integrity of the overall water system and having de minimis cost:
NR 166.07(1)(a) (a) Abandonment. Abandonment of an entire water system or portions of a water system if approved in the plans and specifications of an eligible project or by department staff, including activities such as demolition, re-landscaping, and removal and disposal of debris.
NR 166.07(1)(b) (b) Access roads. Construction of roadways necessary to provide appropriate access to water system facilities such as wellhouses, storage tanks, and water treatment plants.
NR 166.07(1)(c) (c) Administrative buildings and equipment. Buildings, offices, and office equipment and furnishings used for purposes of operating a water system, such as administration and storage buildings when part of the scope of the scored project and included in the approved plans and specifications or otherwise approved by department staff. The department may prorate costs for buildings, offices, and office equipment and furnishings that are partially used for purposes not related to the water system.
NR 166.07(1)(d) (d) Administrative costs of a commission. Administrative, legal, and other project-specific costs incurred by a commission, if identifiable in a contract or agreement between the member municipalities.
NR 166.07(1)(e) (e) Compliance with state and federal requirements. Costs incurred for activities associated with complying with state and federal requirements related to the scored project.
NR 166.07 Note Note: Federal and state requirements may include any of the following: Americans with Disabilities Act design and construction; green project reserve documentation; Davis-Bacon and related acts administration or other activities associated with wage rate requirements; DBE solicitation and documentation; environmental review of project sites and other activities related to ch. NR 150 compliance, including costs of public notices and hearings; historical, architectural, archaeological, and cultural resources work identified during planning, design, or construction of the project and incurred prior to project closeout; signage requirements, including on a website or at a drinking water facility or project site; audit activities related to the federal single audit act portion of the municipality's annual audit report until the project is complete.
NR 166.07(1)(f) (f) Construction activities. Activities defined in s. NR 166.03 (14) and included in construction contracts or performed by force account, including any of the following:
NR 166.07(1)(f)1. 1. Replacing, repairing, or rehabilitating a water system if identified in the plans and specifications as cost-effective and necessary.
NR 166.07(1)(f)2. 2. Restoring streets and rights-of-way, and repairing damage to items such as pavement, sidewalks, and sewers necessary as a result of construction of the project.
NR 166.07(1)(f)3. 3. Punch list item activities.
NR 166.07(1)(f)4. 4. Acquiring, consuming, or expending materials.
NR 166.07(1)(f)5. 5. Other capital costs incurred solely for purposes of the scored project.
NR 166.07(1)(g) (g) Demolition. Demolishing existing portions of a water system if the demolition is part of a scored project and at least one of the following applies:
NR 166.07(1)(g)1. 1. The demolition will remove an existing building structure located in the space in which a new structure is to be constructed.
NR 166.07(1)(g)2. 2. The demolition is necessary for site preparation.
NR 166.07(1)(g)3. 3. The demolition is included in abandonment procedures as approved in the project plans and specifications or by department staff.
NR 166.07(1)(g)4. 4. The demolition entails removal of equipment or materials, or both, from inside an existing water system building or other structure being modified or repurposed as part of the scored project.
NR 166.07(1)(h) (h) Easements and rights-of-way. Acquiring easements and rights–of–way if acquisition is from a willing seller. Expenses related to acquisition include purchase cost, and administrative and legal expenses.
NR 166.07(1)(i) (i) Equipment and tools. Equipment and tools, the costs of which the department may prorate if the municipality intends to use the equipment or tools for multiple purposes rather than solely for the water system. Eligible equipment and tools include any of the following:
NR 166.07(1)(i)1. 1. Mobile equipment, such as portable stand-by generators, portable emergency pumps, and grounds and maintenance equipment for mowing and snow removal, for the water system.
NR 166.07(1)(i)2. 2. Spare parts, if included in the plans and specifications or otherwise approved by the department.
NR 166.07(1)(i)3. 3. Tools necessary for operations and maintenance of the water system, including specialized tools for specific purposes, site and building maintenance tools such as wheelbarrows, lawn sprinklers, weed trimmers, hoses, shovels, and rakes, and other basic tools such as trash cans, brooms, flashlights, and multiple-use hand tools.
NR 166.07(1)(i)4. 4. Machinery for manufacturing or repairing necessary water system tools or equipment for the water system.
NR 166.07(1)(i)5. 5. Computers and related equipment, including purchasing, installing, programming, or upgrading computers, printers, control systems, and other computer-related equipment necessary for operating and maintaining the public water system. This includes equipment and systems for accounting, billing, public notification, testing, monitoring, reporting, emergency alerts, supervisory control and data acquisition, and communications.
NR 166.07(1)(j) (j) Fees. Fees paid by the municipality for any of the following:
NR 166.07(1)(j)1. 1. Permits obtained for construction, including building, electrical, and plumbing permits, pit/trench dewatering permits, hydrostatic test water permits, construction site storm water permits, railroad crossing permits, and permits required under ch. 30, Stats.
NR 166.07(1)(j)2. 2. Legal fees of an attorney that is not an on-staff municipal attorney, including costs of legal reviews of architectural, engineering, or construction contracts, user charge systems and water system ordinances, management plans, intermunicipal agreements, and work necessary for securing eligible permits.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.