CR_14-044 Revises Chapter NR 166, relating to Safe Drinking Water Loan Program.

•   Disadvantaged Business Enterprise — updated requirements to refer to federal requirements

•   Median Household Income — clarifies the source of this data as the American Community Survey (as part of the US Census Bureau) and provides options for sanitary districts.

Summary of, and comparison with, existing or proposed federal statutes and regulations

All state programs must comply with the federal requirements for the program, as outlined in 33 USC 1251 to 1376 and 33 USC 1381 to 1387 . This rule complies with the requirements of the Federal Clean Water Act.

Comparison with similar rules in adjacent states

Each state implements the Clean Water Act consistently with the associated state statutes and federal requirements. Each state loan program has unique features, but all of the programs are designed to meet federal Clean Water Act requirements. Each state has a unique priority scoring system based on state priorities but consistent with federal priorities. The EPA reviews program implementation to ensure consistency with the federal requirements.

Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen

The implementation of the Clean Water Fund Program does not include regulatory activities. Refinements to the program were established with both internal and external advisory groups with the intent of streamlining processes and clarifying criteria for program implementation.

Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report

Rule revisions are expected to have minimal impact on small businesses, in that it streamlines existing processes and clarifies implementation criteria. Rule revisions to not contain any new requirements for small businesses.

Effect on Small Business (Initial Regulatory Flexibility Analysis)

Minimal.

The Small Business Regulatory Coordinator may be contacted at [e-mail] , or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Clean Water Fund Program. General eligibility criteria are prescripted by the federal Clean Water Act and the costs for obtaining funding is prescribed by State Statute. The rule revisions simplify and clarify protocols and streamline processes but don't affect overall ability of municipalities to seek and obtain financing or the rates of that financing.

Agency Contact

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Ch NR 162 - Clean Water Fund Program
3. Subject
Rules governing the implementation of the Clean Water Fund Program
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S			n/a
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Anticipated rule changes will help streamline processes for awarding funding under the Clean Water Fund Program. Deadlines may be adjusted to better assist municipalities in submitting applications for funding, and language will be clarified with respect to eligible activities, projects and costs.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Changes to ch. NR 162 may affect municipalities and their consultants who seek funding for water infrastructure projects from the Clean Water Fund Program.
11. Identify the local governmental units that participated in the development of this EIA.
None up to now; local governments will be part of a future advisory group to identify rule changes.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Clean Water Fund Program. Eligible costs and municipalities are prescripted by the federal government and won't be affected by the rule revisions.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
By streamlining processes and clarifying critiera for the program, there will be fewer questions and process times may be shortened for both the applicants as well as DNR staff. Without the rule revisions, the program will continue to interpret clumsy or outdated language to ensure we are implementing the program consistent with federal policies and guidelines.
14. Long Range Implications of Implementing the Rule
Implementing the rule revisions will enable the Department to be more timely in our administration of the Clean Water Fund Program.
15. Compare With Approaches Being Used by Federal Government
The anticipated rule revisions will be consistent with the Federal Clean Water Fund Act.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Each of the neighboring states implements the Clean Water Fund Program with minor differences, adjusted to meet state-specific needs. Many of the states have more sophisticated programs; Wisconsin's implementation of the Clean Water Fund Program has historically been relatively basic. All programs must be in compliance with the Federal Clean Water Fund Act.
17. Contact Name				18. Contact Phone Number
Robin Schmidt				608-266-3915

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The rule does not modify the requirement that recipients of the Federal Clean Water Fund Program funds must be in compliance with DBE requirements. This rule will have no fiscal or economic effect on Small Businesses.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

n/a

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

n/a

5. Describe the Rule's Enforcement Provisions

There are no enforcement provisions with respect to environmental regulations associated with this rule. There are provisions in the rule that recipients of funds must have approved plans of operation from the Department, and municipalities must have the financial means to repay loans associated with this program.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—

CR 14-044

(DNR # CF-12-13)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17 , Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on the repeal and recreation of Chapter NR 166 , relating to the implementation of the Safe Drinking Water Loan Program on the date(s) and at the time(s) and location(s) listed below.

Hearing Information

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UWEX Pyle Center
  702 Langdon St.
  Madison, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Green Bay
  2420 Nicolet Drive
  Room IS1034
  Green Bay, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Eau Claire Schofield Hall
  105 Garfield St.
  Room 1132
  Eau Claire, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Milwaukee School of Continuing
  Education
  161 W. Wisconsin Ave.
  Milwaukee, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW—Marathon County
  518 S. 7th Ave.
  Room 218
  Wausau, WI

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Cindy Wheeler, Environmental Loans Program, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the p roposed r ules and f iscal e stimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/ public/Home . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Cindy Wheeler, Environmental Loans Program, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone].

Submitting Comments

Comments on the proposed rule must be received on or before August 15, 2014. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet:   Use the Administrative Rules System Web site accessible through the link provided.

Analysis Prepared by the Department of Natural Resources

Statute interpreted, statutory authority and explanation

Section 281.60 (12) , Wis. Stats., authorizes the department to promulgate rules establishing eligibility criteria for applicants and projects and that are necessary for the execution of its responsibilities under the Safe Drinking Water Loan Program. The Safe Drinking Water Loan Program provides financial assistance to municipalities for their drinking water systems.

Related statutes or rules

Concurrent with this effort, the department is also repealing and recreating ch. NR 162 , relating to the Clean Water Fund Program. Both the Safe Drinking Water Loan Program and the Clean Water Fund Program are part of the Environmental Improvement Fund.

Plain language analysis

Revisions to ch. NR 166 , Wis. Adm. Code, relating to the Safe Drinking Water Loan Program, clarify eligibility criteria, streamline processes, and update implementation issues since the rule was last revised. No new significant changes to the program result from the rule revisions. The main topics for revision include:

•   Eligible projects/activities — updates language to incorporate current practices

•   Dates for ITA/PERF submittals — changed to Oct 31 st and allows for on-line submittals

•   PERF scoring system — minor changes and on-line, annual submittal required

•   Interim financing costs — increased from $7500 to up to $15,000

•   Refinancing — clarifies that a municipality cannot already have "long-term affordable debt" outstanding for its completed or substantially completed project"; any project that has been substantially completed for more than 3 years is not eligible for financing.

•   Disadvantaged Business Enterprise — updated requirements to refer to federal requirements

•   Median Household Income — clarifies the source of this data as the American Community Survey (as part of the US Census Bureau) and provides options for sanitary districts.

Summary of, and comparison with, existing or proposed federal statutes and regulations

All state programs must comply with the federal requirements for the program, as outlined in 42 USC 300g-1 . This rule complies with the requirements of the Federal Safe Drinking Water Act, 42 USC 300f to 300j-26 .

Comparison with similar rules in adjacent states

Each state implements the federal Safe Drinking Water Act consistently with the associated state statutes and federal requirements. Each state loan program has unique features, but all of the programs are designed to meet federal Safe Drinking Water Act requirements. Each state has a unique priority scoring system based on state priorities but consistent with federal priorities. The EPA reviews program implementation to ensure consistency with the federal requirements.

Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen

The implementation of the Safe Drinking Water Loan Program does not include regulatory activities. Refinements to the program were established with both internal and external advisory groups with the intent of streamlining processes and clarifying criteria for program implementation.

Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report

Rule revisions are expected to have minimal impact on small businesses, in that it streamlines existing processes and clarifies implementation criteria. Rule revisions do not contain any new requirements for small businesses.

Effect on Small Business (Initial Regulatory Flexibility Analysis)

Minimal.

The Small Business Regulatory Coordinator may be contacted at [e-mail] , or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Safe Drinking Water Loan Program. General eligibility criteria are prescripted by the federal Safe Drinking Water Act and the costs for obtaining funding is prescribed by State Statute. The rule revisions simplify and clarify protocols and streamline processes but don't affect overall ability of municipalities to seek and obtain financing or the rates of that financing.

Agency Contact

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Ch NR 166 - Safe Drinking Water Loan Program
3. Subject
Rules governing the implementation of the Safe Drinking Water Loan Program
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S			n/a
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Anticipated rule changes will help streamline processes for awarding funding under the Safe Drinking Water Loan Program. Deadlines may be adjusted to better assist municipalities in submitting applications for funding, and language will be clarified with respect to eligible activities, projects and costs.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Changes to ch. NR 166 may affect municipalities and their consultants who seek funding for water infrastructure projects from the Safe Drinking Water Loan Program.
11. Identify the local governmental units that participated in the development of this EIA.
None up to now; local governments will be part of a future advisory group to identify rule changes.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Safe Drinking Water Loan Program. Eligible costs and municipalities are prescripted by the federal government and won't be affected by the rule revisions.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
By streamlining processes and clarifying critiera for the program, there will be fewer questions and process times may be shortened for both the applicants as well as DNR staff. Without the rule revisions, the program will continue to interpret clumsy or outdated language to ensure we are implementing the program consistent with federal policies and guidelines.
14. Long Range Implications of Implementing the Rule
Implementing the rule revisions will enable the Department to be more timely in our administration of the Safe Drinking Water Loan Program.
15. Compare With Approaches Being Used by Federal Government
The anticipated rule revisions will be consistent with the Federal Safe Drinking Water Act.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Each of the neighboring states implements the Safe Drinking Water Loan Program with minor differences, adjusted to meet state-specific needs. Many of the states have more sophisticated programs; all programs must be in compliance with the Federal Safe Drinking Water Act.
17. Contact Name				18. Contact Phone Number
Robin Schmidt				608-266-3915

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The rule does not modify the requirement that recipients of the Federal Clean Water Fund Program funds must be in compliance with DBE requirements. This rule will have no fiscal or economic effect on Small Businesses.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

n/a

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

n/a

5. Describe the Rule's Enforcement Provisions

There are no enforcement provisions with respect to environmental regulations associated with this rule. There are provisions in the rule that recipients of funds must have approved plans of operation from the Department, and municipalities must have the financial means to repay loans associated with this program.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No