6. List with description of all entities that may be affected by the proposed rule:
Applicants for SDWLP funding – Wisconsin local governmental units (cities, towns, villages, sanitary districts, lake rehab & protection districts, joint local water authorities, counties) and private owners of community water systems that serve municipalities.
Bond counsels – Private attorneys hired by applicants to prepare municipal bond documents for SDWLP loan closings.
Construction contractors & subcontractors – Awarded bids by applicants to construct necessary infrastructure projects; must follow certain program requirements, such as paying Davis-Bacon wage rates and soliciting and reporting utilization of disadvantaged business enterprises.
Consulting engineers – Hired by applicants to plan, design, and conduct bidding processes for construction projects, oversee construction, and coordinate various players in the projects, including financial assistance agencies.
Financial advisors – Hired by applicants to advise them on best financial options for interim financing and permanent project financing.
Municipal attorneys – Applicant staff that prepare statements required by the SDWLP for proof of land ownership and provide legal advice related to other loan related documents and issues.
Wisconsin DOT Regional Offices and Division of Transportation System Development – Provide bidding and contract documentation to the SDWLP for projects let by DOT, and work cooperatively with the SDWLP to monitor Davis-Bacon compliance without agency duplication of effort.
Wisconsin Public Service Commission – Sets rates for applicant municipalities’ water systems; works cooperatively with the SDWLP to assure applicants will be able to collect enough user fees to make scheduled payments on the SDWLP loan, and to assist municipalities in establishing financing programs in their own communities to fund lead service line replacements on private land.
US Department of Agriculture, Rural Development (Wisconsin) – Works cooperatively with the SDWLP to provide special funding packages for local governmental units that need assistance from more than one funding agency on a project.7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Drinking water state revolving loan programs in each state must comply with the Safe Drinking Water Act and Amendments (42 U.S.C. 300f through 300j), federal regulations under 40 CFR Parts 9 and 35, EPA Guidelines, and EPA grant conditions specific to each annual capitalization grant the state receives. Our current statutes already include the major requirements for drinking water state revolving funds, as identified in Section 3.A. above. We would like to have language in ch. NR 166 that generally reflects the federal requirements with which applicants must comply but leave room for shifting requirements. While the SDWLP is not heavily regulated, guidelines are prescribed by the US EPA. The guidelines usually allow flexibility for each state to establish how they will implement the laws governing the State Revolving Fund programs in their own state.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
Revisions to ch. NR 166 would likely have a minor positive impact on small businesses. Some revisions will help streamline processes and enhance the efficiency of funding municipal infrastructure projects, which will allow engineering firms to spend less time preparing documents for project funding. 9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one public hearing via webcast in the month of July 2021. The hearing would be available to anyone with access to the Internet.
Contact Person: Jeanne Cargill, 608-267-7587
