NR 167.07(2)(j) (j) A site where remediation of environmental contamination will improve environmental justice shall be assigned 1 point.
NR 167.07(2)(k) (k) A site that has impacted a surface water or wetland that is designated an outstanding resource water under s. NR 102.10, an exceptional resource water under s. NR 102.11, a state or federal wildlife refuge, a state natural area or a special designated environmentally sensitive area shall be assigned 2 points.
NR 167.07 Note Note: Examples of environmentally sensitive areas include environmentally sensitive areas and environmental corridors identified in area-wide water quality management plans, special area management plans (SAMP), special wetland inventory studies (SWIS), advanced delineation and identification studies (ADID), areas identified in a comprehensive outdoor recreation plan (CORP), riverway plan, and areas designated as environmentally sensitive by the United States environmental protection agency.
NR 167.07(2)(L) (L) A site shall be assigned a population score based on the total population of the municipality as follows:
The Population Score (PS) = 1- [log 10 municipal population] 10
NR 167.07(3) (3)Priority list. Each year the department shall establish a priority list that ranks each project application based on the scoring system contained in sub. (2).
NR 167.07 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.08 NR 167.08Notice of intent to apply.
NR 167.08(1) (1) A political subdivision shall submit to the department a notice of its intent to apply for financial assistance as specified in s. 281.60 (3) (a), Stats. The notice shall be filed with the department by December 31, if funding will be requested within the following fiscal year beginning July 1. The notice shall be in a form prescribed by the department and the DOA.
NR 167.08(2) (2) The department may waive the requirements under sub. (1) as specified in s. 281.60 (3) (a), Stats.
NR 167.08 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.09 NR 167.09Loan application.
NR 167.09(1) (1) After submitting a notice of intent to apply, or obtaining a department waiver of that requirement, a political subdivision may submit an application for LRLP financial assistance to the department as specified in s. 281.60 (5), Stats. The application shall be in the form and include the information required by the department and DOA. An applicant may not submit more than one application per project per year.
NR 167.09(2) (2) The political subdivision shall submit the application on or before the date established by the department.
NR 167.09 Note Note: For the 1997-1999 biennium the application date shall be after the rule is in effect, but thereafter the department may establish a different application date following sufficient public notice.
NR 167.09(3) (3) The department may approve an application only after all of the criteria in s. 281.60 (7), Stats., are met.
NR 167.09 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register April 2011 No. 664.
NR 167.10 NR 167.10Funding list and allocation of funding.
NR 167.10(1)(1) The department shall establish one funding list for each fiscal year that ranks projects of political subdivisions that submit approved applications to the department. All projects shall be ranked according to the priority criteria and scoring system contained in s. NR 167.07. If sufficient funds are not available to fund all approved loan applications, funding will be offered in the order established by the funding list, except as provided in s. 281.60 (8), Stats.
NR 167.10(2) (2) If funding is allocated for a project loan, but the loan is not closed within 12 months of the date that funding is allocated, DOA shall release the funding allocated to the project, pursuant to s. 281.60 (10), Stats. The municipality may apply for funding for the same project the following year. The funding released under this section may be made available for other eligible projects.
NR 167.10 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.11 NR 167.11Financial assistance commitments.
NR 167.11(1)(1) The department and DOA may, at the request of a political subdivision, issue a notice of financial assistance commitment pursuant to s. 281.60 (9), Stats.
NR 167.11(2) (2) A notice of financial assistance commitment may only be issued after:
NR 167.11(2)(a) (a) The political subdivision's application for financial assistance has been approved by the department.
NR 167.11(2)(b) (b) The project has been determined to be in the fundable range of the department's priority based funding list.
NR 167.11(2)(c) (c) Sufficient PV subsidy to fund the project has been allocated.
NR 167.11(3) (3) The notice of financial assistance commitment shall specify the terms and conditions that the political subdivision must meet in order to receive financial assistance and shall include an estimated loan repayment schedule.
NR 167.11 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.12 NR 167.12Financial assistance agreements. The department and DOA may enter into a financial assistance agreement with a political subdivision to fund a project if all of the following conditions are met:
NR 167.12(1) (1) The political subdivision's application for financial assistance has been approved by the department.
NR 167.12(2) (2) The project has been determined to be in the fundable range of the department's funding list.
NR 167.12(3) (3) Sufficient PV subsidy to fund the project has been allocated.
NR 167.12(4) (4) DOA is satisfied that the political subdivision has the financial capacity to undertake the project and pay the debt service on the obligations it issues for the project, giving consideration to the factors contained in ch. Adm 35.
NR 167.12(5) (5) The department has approved applicable items under ch. NR 724.
NR 167.12(6) (6) The political subdivision agrees to comply with any provisions specified in s. 281.60 (8m) (b), Stats.
NR 167.12(7) (7) The political subdivision agrees to allow access to the project site by representatives of the department for the purpose of making inspections.
NR 167.12(8) (8) The political subdivision has submitted any written materials required by the department for preparation of the financial assistance agreement including evidence of bid tabulations with recommendations for award.
NR 167.12(9) (9) The political subdivision agrees to comply with the federal single audit act and U.S. Office of Management and Budget Circulars A-128 and A-133 for funding it receives from the LRLP that originated from federal funds.
NR 167.12 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.13 NR 167.13Limitations on reimbursement and refinancing of interim financing costs.
NR 167.13(1) (1) The department may reimburse eligible project costs previously paid by the political subdivision from moneys other than proceeds from a borrowing, if the reimbursement is in compliance with applicable federal internal revenue service reimbursement regulations covering the use of tax-exempt bond or note proceeds specified in 26 CFR 1150-2.
NR 167.13(2) (2) The department may refinance the eligible portion of a political subdivision's interim financing subject to the following limitations:
NR 167.13(2)(a) (a) Interim financing costs shall be offset with any interest earnings, during the eligible time period, from the investment of the proceeds from the interim financing.
NR 167.13(2)(b) (b) The period of time for which interest on interim financing is eligible for funding shall run from no earlier than 6 months prior to the start of remediation through the earliest of the following:
NR 167.13(2)(b)1. 1. The closing date of the LRLP loan; or
NR 167.13(2)(b)2. 2. One year following completion of remediation.
NR 167.13(2)(c) (c) If the interim financing is not exclusively for the land recycling loan program project, costs shall be prorated accordingly.
NR 167.13(2)(d) (d) Any interest or principal payments the political subdivision makes on the interim debt from municipal funds may not be reimbursed or refinanced by the LRLP. Interest capitalized to the interim debt balance may be eligible subject to the limitations of this section.
NR 167.13 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.14 NR 167.14Loan interest rate and term. The interest rate on LRLP loans shall be the rate specified in s. 281.60 (11), Stats. The interest rate is 55% of the market interest rate. The maximum term of the loan may not exceed 20 years from the date of the financial assistance agreement.
NR 167.14 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.15 NR 167.15Loan servicing fee. The department and DOA shall charge a loan servicing fee for each loan outstanding in a given year, as specified in s. 281.60 (11m), Stats. The loan servicing fee for each year the loan is outstanding shall be based on the loan servicing fee in effect at the time when the loan was closed. The loan servicing fee shall be calculated annually by multiplying the loan balance on March 31st of each year that the loan is outstanding by the loan servicing fee applicable to the loan. The loan servicing fee shall be payable annually on May 1st of each year that the loan is outstanding. The fee shall be in addition to the interest charged on the loan. For loans originated during the 1997-99 fiscal biennium, the annual loan servicing fee may not exceed 0.5% of the loan balance. For bienniums thereafter, the amount of the loan servicing fee shall be established in the biennial finance plan.
NR 167.15 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.16 NR 167.16Prepayment of loan with grant awards or rebates. If subsequent to the disbursement of the LRLP loan, the political subdivision receives a grant award or rebate for project costs already paid by the LRLP loan, the political subdivision shall apply the grant proceeds or rebate as a prepayment to the LRLP loan. The DOA shall accept the prepayment and apply the prepayment proportionally over the remaining term of the loan.
NR 167.16 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.17 NR 167.17Sale of site or facility.
NR 167.17(1) (1) A political subdivision may not sell a site or facility, or portion of a site or facility, for which the political subdivision has received a loan under this chapter, while the loan is outstanding, for less than fair market value, as specified in s. 281.60 (12) (b), Stats.
NR 167.17(2) (2) If a political subdivision sells a site or facility, or portion of a site or facility, for which the political subdivision has received a loan under this chapter, the political subdivision shall pay to the land recycling loan program the amount specified in s. 281.60 (12) (b), Stats.
NR 167.17(3) (3) The political subdivision shall provide to the land recycling loan program an accounting of the project costs used to calculate the payment required under s. 281.60 (12) (b), Stats., including a copy of the sale contract for the site or facility.
NR 167.17 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.18 NR 167.18Procurement.
NR 167.18(1) (1)Applicability. Procurement of professional services and construction contracts by recipients under this chapter shall be in accordance with state and local laws. No contract may be awarded to any person or organization which does not operate in conformance with state and federal civil rights, equal opportunity and affirmative action laws.
NR 167.18(2) (2)Profits. Only fair and reasonable profits may be paid to contractors by political subdivisions under financial assistance agreements. Profits included in a formally advertised, competitively bid, fixed price or unit price construction contract are presumed to be reasonable.
NR 167.18(3) (3)Financial assistance recipient responsibility. The recipient is responsible for the administration and successful completion of the project as well as acceptance of the terms of the financial assistance agreement.
NR 167.18(4) (4)Minority-owned and women-owned businesses. This subsection applies to each recipient of financial assistance and those employed by the recipient to plan, design, construct or modify the project. This subsection applies to contracts for services, equipment, raw materials and supplies. In order to provide minority and women owned businesses the maximum feasible opportunity to compete for work related to the project, all of the following conditions shall be met:
NR 167.18(4)(a) (a) Recipients of the financial assistance, contractors and subcontractors shall use minority and women owned businesses to the extent possible.
NR 167.18(4)(b) (b) Recipients, contractors and subcontractors shall make good faith efforts to provide minority and women owned businesses the maximum feasible opportunity to compete for contracts and subcontracts. Good faith efforts include the following:
NR 167.18(4)(b)1. 1. Soliciting bids from qualified, minority owned businesses certified by the department of administration and qualified woman owned businesses whenever contracts and subcontracts are awarded.
NR 167.18(4)(b)2. 2. Providing to minority and women owned businesses, upon request, a list of individuals and firms in possession of plans, specifications and other information relevant to the project.
NR 167.18(4)(b)3. 3. Breaking down work into smaller projects to maximize the opportunity of minority and women owned businesses to compete for contracts and subcontracts.
NR 167.18(4)(b)4. 4. Establishing work schedules which will allow minority and women owned businesses to compete for contracts and subcontracts.
NR 167.18(4)(b)5. 5. Using the assistance of the department as appropriate.
NR 167.18(4)(c) (c) The recipient shall document the efforts made to provide minority and women owned businesses with the opportunity to compete for contracts and subcontracts.
NR 167.18(4)(d) (d) If requested, a recipient shall explain to a minority or woman owned business which bid but did not receive a contract, why the contract was not awarded to it.
NR 167.18(4)(e) (e) Failure to comply with pars. (b) to (d) shall result in a portion of the project cost eligible for subsidy being financed at the market interest rate.
NR 167.18 Note Note: The utilization goals for minority and women owned businesses is negotiated annually between the department and the U.S. environmental protection agency.
NR 167.18(5) (5)Force account work. The department may approve financial assistance for force account work based on the recipient's certification that one of the following conditions exist:
NR 167.18(5)(a) (a) The recipient has the necessary competence required to accomplish the work and the work can be accomplished more economically by the use of force account work.
NR 167.18(5)(b) (b) Emergency circumstances dictate the use of force account work.
NR 167.18(6) (6)Contracts for architectural or engineering services.
NR 167.18(6)(a)(a) The department may review architectural or engineering service contracts and amendments for the eligibility and reasonableness of costs. The department may not provide financial assistance for costs which are not eligible or reasonable.
NR 167.18(6)(b) (b) Reasonableness reviews conducted on architectural and engineering service contracts shall consider the scope of work, the recipient's procurement and negotiation process associated with costs, conditions unique to the project and any other factors impacting costs.
NR 167.18(6)(c) (c) Architectural or engineering service contracts shall indicate a maximum estimated cost for a defined scope of work which cannot be exceeded without a negotiated contract amendment prior to incurring additional costs.
NR 167.18(7) (7)Construction contracts and subcontracts.
NR 167.18(7)(a)(a) Type of contract. The project work shall be performed under one or more contracts awarded by the recipient to private firms except for force account work authorized by sub. (5). Each contract shall be a fixed or unit price contract, unless the department gives advance written approval for the recipient to use some other acceptable type of contract. The cost-plus-a-percentage-of-cost contract may not be used.
NR 167.18(7)(b) (b) Contract change orders.
NR 167.18(7)(b)1.1. The recipient shall secure a fair and reasonable price for the required work required by contract change orders.
NR 167.18(7)(b)2. 2. The department may require that change orders for projects funded under this chapter be approved by the department.
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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.