(1) NOTICE OF INTENT TO APPLY SUBMITTAL. If
required by the department, a municipality shall submit notice of its intent to
apply for financial assistance via the department's online application systems
by any applicable deadline set in the SDWLP annual intended use plan under s.
NR 166.05 (1). The municipality or its designated
representatives shall complete the requirements established by the department
for gaining access to and submitting information through the department's
online application systems. The department may require the municipality to
submit through the online systems any of the following:
Note: Instructions regarding the online
application systems are available on the Environmental Improvement Fund website
at dnr.wisconsin.gov/aid/EIF.html.
(a)
A clear, concise, and comprehensive project description that includes the
public health or water system problem or concern being addressed, the general
solution proposed through a single project, and detailed information regarding
what structures are to be constructed, what equipment is to be purchased and
installed, and project location, including detailed information for purposes of
eligibility determinations regarding storm sewer or sanitary sewer construction
being done at the same time as watermain construction on the same block of a
street or in the same intersection.
(b) Contact information.
(c) An estimate of the total project cost and
what amount of the cost is likely to be requested from the SDWLP.
(d) Estimated or actual dates related to the
bidding and construction timeline of the project.
(e) Date and number of the department
approval of plans and specifications for each set of plans and specifications
associated with the project, if available at time of intent to apply or
priority evaluation and ranking information submittal.
(f) Any other information required to
complete the submission in the department's online application
systems.
(2) ENGINEERING
REPORT. A municipality shall submit an engineering report to the department for
approval as required under s.
281.61 (4),
Stats., subject to all of the following:
(a)
An engineering report shall comply with the applicable engineering report
requirements contained in chs.
NR
108 and
811 for the type of project being
constructed.
(b) The department
shall determine whether there are activities included in the engineering report
that fall outside of the scope of the project for purposes of this
chapter.
(c) If neither ch. NR 108
nor ch. NR 811 requires an engineering report for a specific project, or if
either ch. NR 108 or 811 allows submittal and review of the engineering report
and plans and specifications simultaneously, and the department receives the
plans and specifications with or prior to submittal of the SDWLP application,
the municipality may submit an application for financial assistance prior to
receiving department approval of the engineering report.
(3) APPLICATION PROCEDURES.
(a) A municipality shall apply for financial
assistance in accordance with s.
281.61 (5),
Stats. All applicants must submit the required information and documentation
through the department's online application system.
Note: Directions regarding online submittal
are available on the Environmental Improvement Fund website at
dnr.wisconsin.gov/aid/EIF.html.
(b) The applicant shall submit plans and
specifications to the department drinking water plan review section as required
under ch. NR 108 or 811, or both, prior to or simultaneously with submitting
the financial assistance application for the project to the department
environmental loans staff. The applicant must submit a copy of the plans and
specifications with the financial assistance application via the online
application system in addition to submitting the copies required for drinking
water plan review.
(c) For any type
of project for which plans and specifications are required under ch NR 108 or
811, the department may deny an applicant funding if the applicant does not
provide appropriately complete plans and specifications to the department prior
to or with the application for the project as required under par. (b) and sub.
(4).
(4) CONTENTS OF
APPLICATION. The applicant shall submit a complete application, including all
of the following items that are applicable to the project:
(a) Evidence of compliance with sub.
(2).
(b) Except as provided in par.
(bg), for a project for which the department requires plans and specifications
under ch. NR 108 or 811, or both, a copy of biddable construction plans and
specifications approvable by the department for all parts of the scored project
for which the municipality is requesting financial assistance from the fiscal
year applicable to the project.
(bg) For a well construction project, at
least plans and specifications for the drilling of a permanent well with or
prior to submittal of the application for financial assistance; the applicant
may submit additional well-related plans and specifications for the scored
project, such as those for pumps or the wellhouse, after the department
determines the application is complete.
(br) A certification from the applicant or
its consulting engineer stating that plans and specifications are not required
under chs.
NR
108 and
811 for the project if the applicant
submits an application for financial assistance for a project type that does
not require plans and specifications review under ch. NR 108 or 811.
(c) Completion of the required fields in and
upload of required documentation to the department's online application system,
including all of the following:
1. A clear,
concise, and comprehensive project description including any modifications to
the project description previously provided in the online application
systems.
2. Estimated or actual
construction costs.
3.
Identification of known ineligible costs included within the total budget
provided in the online application.
4. Information regarding assistance received
or expected from another funding source.
Note: The project description may already be
included in the online application as it should transfer over to the
application if previously provided with intent to apply or priority evaluation
and ranking information. When that transfer of information is successful, the
applicant must only provide information regarding any modifications to the
project description that is already included in the application rather than
providing an additional complete project description.
(d) Items or information for
compliance with federal regulations identified by the department in the online
application system as required for a complete application; these items may
include documentation of compliance with wage rate laws, completed federal
forms, and information regarding green project components or procuring
American-made products for use in the project.
(e) A copy of each executed engineering
contract and any associated existing contract amendments for planning and
design of the project if funds are requested for planning and design in the
application project budget.
(f) A
copy of each executed engineering contract and any associated contract
amendments for construction management if funds are requested for construction
management in the application project budget and the contract or amendment is
available at the time of application submittal.
(g) A copy of each executed non-engineering
professional services contract related to the project and any associated
amendments if funds are requested in the application project budget for
services included in the contract and the contract or amendment is available at
the time of application submittal.
(h) A resolution declaring intent to
reimburse municipal accounts with financial assistance proceeds that meets the
requirements established in U.S. treasury reimbursement regulations
26 CFR
1.150-2.
(i) A list of all major pieces of water
system infrastructure used to obtain, treat, store, transmit, or distribute
water to the applicant municipality when the overall water system serves 2 or
more municipalities. This requirement does not apply if the application
requests funding for a project for which the construction scope is only
watermain replacement or lining and any associated street and pipe work and
appurtenances within the boundaries of the applicant municipality. If only one
municipality owns the infrastructure for obtaining, treating, and distributing
water to other municipalities, and the project scope includes construction of a
new or modification of an existing portion of the infrastructure used to supply
water to other municipal governments, the list shall include all infrastructure
within and outside of the boundaries of the owning municipality that is used to
obtain, treat, and transmit water to other municipalities. The department may
request additional information regarding ownership and maintenance
responsibility of the water system than the information provided by the
applicant in or with the application for financial assistance. Prior to
receiving financial assistance, the applicant shall ensure that for each
municipality impacted by the project the list identifies ownership and
maintenance responsibility for each individual portion of the water system,
including any of the following:
1.
Distribution system pipes.
2.
Transmission mains.
3. Pumping
stations.
4. Lift
stations.
5. Storage.
6. Wells.
7. System flow meters.
8. Water treatment facilities.
(j) Financial information required
by DOA to be used in determining the affordability of the proposed project, the
financial capability of the municipality, and the adequacy of the pledge of
revenues to repay the obligation securing the proposed financial
assistance.
(k) Proposed water
rates, if the public water system is not regulated by the public service
commission.
(L) Any existing or
proposed contracts with customers of the water system.
(m) Documentation applicable to U.S. internal
revenue service tax information as indicated in the department's online
application system.
(n) A copy of
the debt instrument of any interim debt to be refinanced with SDWLP financial
assistance.
(o) A completed design
life calculation worksheet if the applicant at the time of application requests
or is interested in a loan term that is greater than 20 years. All of the
following apply to applicants requesting a loan term greater than 20 years:
1. An applicant requesting a loan term
greater than 20 years shall pledge system revenues to secure the SDWLP
loan.
2. A loan term greater than
20 years is not available for projects for which the applicant pledges general
obligation bonds to secure the loan.
Note: The design life calculation worksheet is
an excel spreadsheet that is available on the department's website at
https://dnr.wisconsin.gov/aid/documents/EIF/Forms/forms.html#sdwform.
(5) APPLICATION
SUBMITTAL DEADLINE. In fiscal years for which the department sets an
application submittal deadline for all or a specific type of funding, the
applicant shall submit the items and information required in the department's
online application system by the applicable application submittal deadline in
order to be considered eligible to obtain financial assistance from funds
available during the funding cycle for which the deadline is set. The
department may set application submittal deadlines in the intended use
plan.
(6) APPLICATION ACCEPTANCE.
The department shall accept an application as complete after all of the
following occur:
(a) The department determines
that it received all the applicable items and information required under sub.
(4) for the scored project. The department may consider a submitted application
complete for purposes of acceptability if the application is otherwise complete
but a wrong document was uploaded to the department's online application
system, the proper document existed at the time of application submittal, and
the applicant uploads the proper document to the system within a timeframe
specified by the department in written communication, which may be via email,
to the applicant.
(b) The
department receives notification from DOA documenting DOA's initial
determination that there is a reasonable likelihood the municipality will be
financially capable of repaying a loan from the SDWLP.
(7) PROJECTS FUNDED JOINTLY WITH OTHER
AGENCIES. If a project is receiving funding from another state or federal
agency, and the department is unable to obtain the same type of documentation
typically submitted for a specific project requirement due to differences
between agencies in items or procedures, including a project that is let with a
group of projects by the department of transportation or a project for which
the contents of a contract includes language specific to another agency, the
department may determine what documentation is appropriate to satisfy the
application requirements.
(8)
DEADLINE FOR SIGNING FINANCIAL ASSISTANCE AGREEMENT. The department shall set
in the SDWLP annual intended use plan under s.
NR 166.05 (1) a deadline for signing a financial assistance
agreement. An applicant shall sign the financial assistance agreement within
the timeframe set by the department. An applicant shall time its submittal of
the application accordingly. If a financial assistance agreement is not signed
within the established timeframe, the applicant's project shall lose its SDWLP
allocated subsidy.
