Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 162 - Clean Water Fund Program
Subchapter II - Financial Assistance Requirements
Section NR 162.14 - Amendments to a financial assistance agreement

1. 'Additional assistance at end of project.' The department may issue an amendment to a financial assistance agreement to provide additional financial assistance for eligible project costs incurred beyond the amount specified in the original financial assistance agreement. The department may process a request to provide additional financial assistance for a project only after the total remaining costs to complete the project can be reasonably determined.

2. 'Consistent with scope.' To be eligible for additional financial assistance, any changes in the project necessitating the amendment must be consistent with the objectives and scope of the project as described in the original financial assistance agreement.

3. 'Plans and specifications approval.' If there are changes in the project that require department approval of plans and specifications, the municipality shall obtain department approval prior to the amendment loan closing. Changes that necessitate an amendment must be due to unforeseen circumstances or approvable change orders to a project construction contract.

4. 'New financial assistance agreement.' An amendment shall be in the form of a new financial assistance agreement tied to the original project through the budget and project description. The department and the DOA shall determine the appropriate interest rate for the amendment based on the market interest rate in effect on the date of the municipality's meeting at which they pass the related bond resolution.

5. 'Debt coverage requirements.' The municipality must meet debt coverage requirements for the additional financial assistance.

1. 'Availability of funds as determined under s. 281.59, Stats.' If there are sufficient loan funds available, a municipality may receive loan funds for additional project costs incurred that cause the total eligible project costs to be greater than the amount provided in the original financial assistance agreement. The loan interest rate and loan maturity date shall be determined by the department and DOA.

2. 'No principal forgiveness.' The department shall not provide additional principal forgiveness funds in the amendment to the financial assistance agreement.

1. 'Request in writing.' The municipality shall submit a written request to the department that justifies the need for additional financial assistance and details the additional eligible costs. A revised budget shall be submitted with the request indicating in one column the line item totals in the financial assistance agreement, in a second column the requested additional costs, and in a third column the total project costs requested to be funded through the CWFP via an amendment to the original financial assistance agreement. If there are other funding sources participating in the project, the revised budget shall indicate all funding changes applicable to the additional financial assistance being requested. All costs in the revised budget shall be assigned to the appropriate budget line items from which disbursement will be requested.

2. 'Electronic submittal.' The department may require the written request for an amendment to be submitted as an email message with an attachment, as input into the department's online application system, or by other appropriate means determined by the department.