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Environmental Loans (EL) Compendium of 2015 revisions to chs. NR 162 & NR 166 CWFP Hardship Financial Assistance

(ch. NR 162, Wis. Adm. Code, subch. III)

This page provides information about the changes DNR made to the Hardship Financial Assistance sections of the Clean Water Fund Program (CWFP) code. The CWFP Hardship Financial Assistance subprogram is still available to CWFP applicants and remains mostly unchanged from the previous code.

Median Household Income (MHI)

We revised the procedures (s. NR 162.24(1)(a)) for determining median household income (MHI) for town sanitary districts, county utility districts, public inland lake protection and rehabilitation districts, metropolitan sewerage districts (MSDs), and joint local water authorities. The new procedures are described on our Median Household Income page.

Definitions

You'll see newly-defined terms in the MHI procedures:

  • American Community Survey (ACS)
  • block group
  • census tract
  • custom tabulation
  • minor civil division
  • place

The Definitions page in the Compendium of 2015 Revisions provides information about the changes DNR made to the Definitions sections of both codes.

Other revisions to the Hardship Financial Assistance subchapter include:

Deadline for ITA / PERF

Changed the Hardship Notice of Intent to Apply & Priority Evaluation and Ranking Formula deadline to October 31, consistent with the ITA/PERF deadline for all projects.

Publishing funding policies

Removed language regarding publishing funding policies; this topic is still included in s. NR 162.02.

Multiple funding sources

Added language to codify implementation of a directive from s. 281.58(13)(c), Wis. Stats., dealing with the calculation of hardship assistance amounts when another funding agency is participating in a project financing package. DNR has been following the directive from the statutes for several years, but the implementation was not previously incorporated into ch. NR 162, Wis. Adm. Code.

The statutes state that DNR cannot reduce the amount of hardship financial assistance to be provided to a municipality just because the municipality is getting additional assistance from another funding agency, unless that additional funding combined with the CWFP hardship financial assistance would put the residential user rates for wastewater treatment below 2% of the municipality's MHI.

Operation, maintenance, and replacement costs

Revised language regarding regression analyses DNR uses to estimate an appropriate level of Operation, Maintenance, and Replacement costs to be included in the calculation of hardship assistance. New language is less restrictive.

Present value subsidy (PV) references no longer valid

The hardship subchapter includes many references to present value subsidy (PV) because the statutes used PV as a financial control mechanism in the structure of the loan programs. In the most recent budget, PV was eliminated from the statutes. Therefore, a number of sections in this subchapter already need revisions to adjust to the new fund structure.

Changes made to the state statutes in the 2015-2017 biennial budget process removed PV from the statutes to reflect restructuring of the Environmental Improvement Fund (EIF), hence references to PV in the codes are no longer valid.

Contact information
Direct questions about statutes, codes, and policies to:
Jeanne Cargill
Policy coordinator, EL section
Bureau of CFA
608-267-7587
For information about a specific loan, contact your project manager:
EL Staff directory - areas of expertise are listed
For EL program information, contact:
Bureau of CFA
Phone: 608-266-7555
Fax: 608-267-0496

Mailing address:
Environmental Loans - CF/2
Dept of Natural Resources
101 S Webster St
PO Box 7921
Madison WI  53707-7921

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Last revised: Friday January 15 2016