Wyo. Code R. 060-0003-16
Loan and Investment Board
Chapter 16: Drinking Water State Revolving Fund Loans
Effective Date: 12/03/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 060.0003.16.12032025
Section 1. Authority. This Chapter is adopted pursuant to Wyoming Statute (W.S.) 16-1-303(b).
Section 2. Definitions. In addition to the definitions in Chapter 1, as used in this Chapter:
(a) “Additional Subsidies” means principal forgiveness, grants, and Green Project Reserve loans as authorized by state or federal legislation and as adopted by the Board.
(b) “County” means a political subdivision of the State of Wyoming pursuant to W.S. 18-1-101(a)-(y).
(c) “DEQ” means the Wyoming Department of Environmental Quality.
(d) “Emergency” means an imminent direct threat to the continued operation of a community water system.
(e) “Emerging Contaminants” refer to substances and microorganisms, including manufactured or naturally occurring physical, chemical, biological, radiological, or nuclear materials, which are known or anticipated in the environment, that may pose newly identified or re-emerging risks to human health, aquatic life, or the environment. These substances, microorganisms, or materials can include many different types of natural or manufactured chemicals and substances – such as those in some compounds of personal care products, pharmaceuticals, industrial chemicals, pesticides, and microplastics. For the Infrastructure Investment and Jobs Act (IIJA) Emerging Contaminants funding, eligible emerging contaminants are identified by the United States Environmental Protection Agency (USEPA).
(f) “Green Project Reserve” means funds loaned out for projects meeting the requirements of the USEPA for such projects to implement a process, material, technique, or technology that addresses water or energy efficiency goals, mitigates stormwater runoff, or encourages sustainable project planning, design, and construction.
(g) “Initiating Operations” means the earliest point in time when a capital infrastructure project is ready for use even if only for system testing purposes.
(h) “Intended Use Plan (IUP)” means the annual plan adopted by the State Loan and Investment Board and submitted to the USEPA that describes how the state intends to use the money in the Drinking Water Revolving Loan Account, including the IIJA Emerging Contaminants and Lead Service Line funding.
(i) “Infrastructure Investment and Jobs Act of 2021” (IIJA) means U.S. Public Law
117-58, signed November 15, 2021. The IIJA established supplemental funding for eligible Drinking Water State Revolving Fund (DWSRF) projects, Emerging Contaminants and Lead Service Line funding.
(j) “Joint Powers Board(s)” means legally organized Wyoming entities authorized to engage in joint or cooperative action by the Wyoming Joint Powers Act pursuant to W.S. 16-1-101 et. seq.
(k) “Lead service lines” (LSL) means a service line made of lead, that connects the water main to the building inlet. A lead service line may be owned by the water system, owned by the property owner, or both. For the purposes of this Chapter, a galvanized service line is considered a lead service line if it ever was or is currently downstream of any lead service line or service line of unknown material. If the only lead piping serving the home or building is a lead gooseneck, pigtail, or connector, and it is not a galvanized service line that is considered an LSL then the service line is not a lead service line. The lead gooseneck, pigtail, and connector are considered an eligible expense for replacement.
(l) “Municipalities” means any incorporated or chartered city or town as established under Wyoming law (W.S. 15-9-103 (a)(x)).
(m) “Principal Forgiveness (PF)” means a portion of the loan’s principal is forgiven and need not be repaid.
(n) “Project Priority List” means the list of projects found in the Intended Use Plan (IUP) expected to receive financial assistance under the Program, ranked by a priority system developed under Section 1452(b)(2)(A) of the Safe Drinking Water Act.
(o) “Select Water Committee” means a state legislative committee as defined in W.S. 28-11-101.
(p) “Special District” means any legally formed special district in Wyoming that is eligible for program funding.
(q) “Special Program Requirements” means the requirements set forth in state or federal law or directives and as adopted by the Board that may include, but are not limited to, restrictions on the types of project materials that may be used, required funding reserves and minimum wage requirements.
(r) “State Environmental Review Process (SERP)” means the review conducted by DEQ, pursuant to W.S. 16-1-304(a), of potential environmental impacts of projects receiving assistance from the Account.
(s) “Substantial Completion” means that stage in a project when the capital infrastructure constructed is capable of initiating operations or can be used for its intended purpose.
(t) “WWDO” means the Wyoming Water Development Office, which provides administrative and operational management of the programs administered by the Wyoming Water Development Commission.
(u) “USEPA” means the United States Environmental Protection Agency.
(a) The Board shall approve loans, grants, and Additional Subsidies under the provisions of this Chapter, subject to the Select Water Committee’s review and recommendation of projects, in such a manner and to such applicants as shall, in the judgment of the Board, inure to the greatest benefit of the citizens of the State of Wyoming and represent a prudent use of loan funds.
(b) Funding for loans, grants, and Additional Subsidies under this Chapter are subject to receipt of grants from the USEPA and may be subject to supplemental congressional appropriation for the IIJA. To facilitate key provision of this Act, the Board will consider funding applications for:
(a) The Office of State Lands and Investments (OSLI) shall determine if an applicant is disadvantaged by awarding points based on population trend, income data, unemployment data, enterprise system rate management, and the prior year’s property tax and four percent (4%) State sales tax collections. The determination of an applicant’s disadvantaged community eligibility status will be performed every year during the development of the Intended Use Plan (IUP). Applicants whose total points are nine (9) or greater are eligible for Principal Forgiveness (PF) of up to seventy-five percent (75%) of their loan amount. Applicants whose total points are equal to or greater than six (6) but less than nine (9) are eligible for PF of up to fifty percent (50%) of their loan amount. Applicants whose total points are equal to or greater than three (3) but less than six (6) are eligible for PF of up to twenty-five percent (25%) of their loan amount. Applicants whose total points are less than three (3) are not considered disadvantaged and are not eligible for PF. Depending upon the total amount of PF funding available, the amount of PF actually awarded may be less than the eligible amount.
(i) Population trend points are awarded based on the category that the applicant was in as of the most recently released decennial census (or other available population data acceptable to OSLI if decennial census data is not available). If an applicant can show population trend data demonstrating that it has likely dropped to a smaller category subsequent to the last decennial census, its points may be adjusted up accordingly at the sole discretion of the OSLI.
(A) Applicants whose population is five hundred (500) or less will receive three (3) points.
(B) Applicants whose population is between five hundred one (501) and three thousand, three hundred (3,300) will receive two (2) points.
(C) Applicants whose population is between three thousand, three hundred one (3,301) and ten thousand (10,000) will receive one (1) point.
(D) Applicants whose population is ten thousand, one (10,001) or greater will receive zero (0) points.
(ii) Income data points are awarded based on the ratio of the local annual median household income (AMHI) to the State AMHI, using data from the most recently released American Community Survey 5-year estimates. If no data directly corresponding to the applicant is available, the AMHI for the nearest Municipality will be used as the default. The applicant may provide alternate data acceptable to OSLI, such as an income survey, at the applicant’s expense and in lieu of American Community Survey 5-year estimates.
(A) Applicants whose AMHI is less than sixty percent (60%) of the State AMHI will receive three (3) points.
(B) Applicants whose AMHI is sixty percent (60%) or greater, but less than seventy percent (70%) of the State AMHI will receive two and one-half (2.5) points.
(C) Applicants whose AMHI is seventy percent (70%) or greater, but less than eighty percent (80%) of the State AMHI will receive two (2) points.
(D) Applicants whose AMHI is eighty percent (80%) or greater, but less than ninety percent (90%) of the State AMHI will receive one and one-half (1.5) points.
(E) Applicants whose AMHI is ninety percent (90%) or greater, but less than one hundred ten percent (110%) of the State AMHI will receive one (1) point.
(F) Applicants whose AMHI is one hundred ten percent (110%) or greater of the State AMHI will receive zero (0) points.
(iii) Unemployment data points are awarded based on the relationship of the local unemployment rate to the State unemployment rate (State rate). Local and State unemployment rates shall be determined using the most recent information by county as published by the Wyoming Department of Workforce Services.
(A) Applicants whose unemployment rate is equal to or greater than the State rate will receive one (1) point.
(B) Applicants whose unemployment rate is less than the State rate will receive zero (0) points.
(iv) Enterprise system rate management points are awarded based on the entity’s average annual water rate as a percentage of the their AMHI.
(A) Applicants whose average annual water rate is two percent (2%) or greater of their AMHI will receive one (1) point.
(B) Applicants whose average annual water rate is less than two percent (2%) of their AMHI will receive zero (0) points.
(v) Prior year’s property tax and four percent (4%) State sales tax collection points will be awarded based on the amount of taxes collected by an entity, rounded to the nearest dollar, as reported in the most recently released Wyoming Department of Revenue’s Annual Report. If no data directly corresponding to the applicant is available, the tax data for the nearest Municipality will be used as the default.
(A) Applicants whose total collections are two hundred fifty thousand dollars ($250,000) or less will receive five (5) points.
(B) Applicants whose total collections are between two hundred fifty thousand one-dollar ($250,001) and five hundred thousand dollars ($500,000) will receive four (4) points.
(C) Applicants whose total collections are between five hundred thousand one-dollar ($500,001) and one million dollars ($1,000,000) will receive three (3) points.
(D) Applicants whose total collections are between one million one dollars ($1,000,001) and two million five hundred thousand dollars ($2,500,000) will receive two (2) points.
(E) Applicants whose total collections are between two million five hundred thousand one dollars ($2,500,001) and five million dollars ($5,000,000) will receive one (1) point.
(F) Applicants whose total collections are greater than five million dollars ($5,000,000) will receive zero (0) points.
(a) OSLI, DEQ and WWDO will assess, at least annually, the impacts of state and federal law on the Drinking Water State Revolving Fund loan program administered under this Chapter. OSLI will provide timely notice to eligible applicants of changes in Additional Subsidies and Special Program Requirements. Said notice will be not less than thirty (30) calendar days prior to any application deadline. Methods of notice include, but are not limited to, electronic, telephonic, written, website postings, video conferences or combinations of the same.
(a) Applicants. Publicly Owned Water Systems in Wyoming as authorized in W.S. 16-1-305 shall be eligible for loans under this Chapter. This includes eligibility for Additional Subsidies when available.
(b) Principal Forgiveness. Additional Subsidies shall be awarded in the form of PF. The PF will be awarded in accordance with all federal regulations. OSLI will award points based on population trend, income data, unemployment data, enterprise system rate management, and the prior year's property tax and four percent (4%) State sales tax collections. Applicants whose total points are nine (9) or greater are eligible for PF of up to seventy-five percent (75%) of their loan amount. Applicants whose total points are equal to or greater than six (6) but less than nine (9) are eligible for PF of up to fifty percent (50%) of their loan amount. Applicants whose total points are equal to or greater than three (3) but less than six (6) are eligible for PF of up to twenty-five percent (25%) of their loan amount. Applicants whose total points are less than three (3) are not eligible for PF. Depending upon the total amount of PF funding available, the amount of PF actually awarded may be less than the eligible amount.
(i) Population trend points shall be awarded based on the applicant's population according to the most recently released decennial census (or other available population data acceptable to OSLI if decennial census data is not available). If an applicant demonstrates its population has decreased to a different category subsequent to the last decennial census, its points may be adjusted accordingly at the sole discretion of the Office.
(A) Applicants whose population is five hundred (500) or less will receive three (3) points.
(B) Applicants whose population is between five hundred one (501) and three thousand, three hundred (3,300) will receive two (2) points.
(C) Applicants whose population is between three thousand, three hundred one (3,301) and ten thousand (10,000) will receive one (1) point.
(D) Applicants whose population is ten thousand, one (10,001) or greater will receive zero (0) points.
(ii) Income data points shall be awarded based on ratio of the local annual median household income (AMHI) to the State AMHI, using data from the most recently released American Community Survey 5-year estimates. If no data directly corresponding to the applicant is available, the AMHI for the nearest Municipality will be used as the default. The applicant may provide alternate data acceptable to OSLI, such as an income survey, at the applicant's expense and in lieu of American Community Survey 5-year estimates.
(A) Applicants whose AMHI is less than sixty percent (60%) of the State AMHI will receive three (3) points.
(B) Applicants whose AMHI is sixty percent (60%) or greater, but less than seventy percent (70%) of the State AMHI will receive two and one-half (2.5) points.
(C) Applicants whose AMHI is seventy percent (70%) or greater, but less than eighty percent (80%) of the State AMHI will receive two (2) points.
(D) Applicants whose AMHI is eighty percent (80%) or greater, but less than ninety percent (90%) of the State AMHI will receive one and one-half (1.5) points.
(E) Applicants whose AMHI is ninety percent (90%) or greater, but less than one hundred ten percent (110%) of the State AMHI will receive one (1) point.
(F) Applicants whose AMHI is one hundred ten percent (110%) or greater than the State AMHI will receive zero (0) points.
(iii) Unemployment data points shall be awarded based on the relationship between the local unemployment rate to the State unemployment rate (State rate). Local and State unemployment rates shall be determined using the most recent information by county as published by the Wyoming Department of Workforce Services.
(A) Applicants whose unemployment rate is equal to or greater than the State rate will receive one (1) point.
(B) Applicants whose unemployment rate is less than the State rate will receive zero (0) points
(iv) Enterprise system rate management points are awarded based on the entity's average annual water rate as a percentage of their AMHI. AMHI data will be determined using data from the most recently released American Community Survey 5-year estimates. If no data directly corresponding to the applicant is available, the AMHI for the nearest Municipality will be used as the default. The applicant may provide alternate data acceptable to OSLI, such as an income survey, at the applicant's expense and in lieu of American Community Survey 5-year estimates.
(A) Applicants whose average annual water rate is two percent (2%) or greater of their AMHI will receive (1) point.
(B) Applicants whose average annual water rate is less than two percent (2%) of their AMHI will receive zero (0) points.
(v) Prior year's property tax and four percent (4%) State sales tax collection points will be awarded based the amount of taxes collected by an entity, rounded to the nearest dollar, as reported in the Wyoming Department of Revenue's Annual Report. If no data directly corresponding to the applicant is available, the tax data for the nearest Municipality will be used as the default.
(A) Applicants whose total collections are two hundred fifty thousand dollars ($250,000) or less will receive five (5) points.
(B) Applicants whose total collections are between two hundred fifty thousand one-dollar ($250,001) and five hundred thousand dollars ($500,000) will receive four (4) points.
(C) Applicants whose total collections are between five hundred thousand one-dollar ($500,001) and one million dollars ($1,000,000) will receive three (3) points.
(D) Applicants whose total collections are between one million one dollars ($1,000,001) and two million five hundred thousand dollars ($2,500,000) will receive two (2) points.
(E) Applicants whose total collections are between two million five hundred thousand one dollars ($2,500,001) and five million dollars ($5,000,000) will receive one (1) point.
(F) Applicants whose total collections are greater than five million dollars ($5,000,000) will receive zero (0) points.
(c) Principal Forgiveness Contingency. Receipt of PF is contingent on the applicant completing a first loan draw within eighteen (18) months of the effective date of the loan agreement and continuing to make loan draws at least quarterly until the project is complete. Failure of the applicant to comply with these terms shall result in the awarded PF being forfeited. A request for an extension may be submitted to OSLI for consideration if additional time is necessary.
(d) The amount of Green Project Reserve funding will be determined by DEQ based on the project information provided and the requirements of the state and federal regulations.
(e) AMHI data is based on information obtained from the most recent American Community Survey of the U.S. Census Bureau. Median Household Income data for Special Districts will be based on the closest Municipality unless income information via an income survey at district expense or other financial data acceptable to OSLI and the Board. If the applicant is a Special District or Joint Powers Board, it must be legally formed and approved prior to submitting its loan application. All applicants must be in compliance with all applicable reporting requirements of both the Wyoming Department of Revenue and the Wyoming Department of Audit prior to its application being considered by the Board. For consideration at the October Board meeting, applicants must file their current financial reports with the Department of Audit by September 10th and notify the OSLI in writing that the filing was done.
(f) Purposes. Eligible projects may consist of improvements to any components of a Water Supply System as appropriate and permitted by the Safe Drinking Water Act and USEPA. The Board may authorize loans to refinance existing debt incurred during the completion of an eligible project. The Board may also award loans and Additional Subsidies consistent with changes in state or federal law.
(g) Project Eligibility. Only projects on the current Drinking Water State Revolving Fund Intended Use Plan are eligible for loans and Additional Subsidies under this Chapter. Eligible applicants are responsible for ensuring that their project(s) is(are) listed on the current Drinking Water State Revolving Fund Intended Use Plan.
Section 7. Ineligible Project Costs. The following project costs shall be ineligible for reimbursement:
(k) Costs to establish and form a Special District or Joint Powers Board;
(l) Costs not allowed by the USEPA;
(a) Applications. Separate applications shall be prepared for each loan. Applicants shall submit a complete application on a form provided by OSLI.
(b) Public Meeting Requirement. All eligible applicants must hold a minimum of one public meeting in advance of submitting an application for Board consideration. Notice of the public meeting is to be published in a local or regional newspaper fifteen (15) days prior to the same. The public meeting must provide the public an overview of the proposed project, financing and sustainability. The overview aspect of the public meeting must, at a minimum, address project scope, milestones and costs. The financing aspect of the public meeting must, at a minimum, address the financial impact of project costs upon the public. The sustainability aspect of the public meeting must, at a minimum, address revenue streams, adjustments of water and sewer rates or other sources required to sustain the proposed project. Eligible applicants must verify compliance with the public meeting requirement through documentation submitted with their loan applications.
(c) Timing of Board Consideration. The Board may consider applications for loans under this Chapter at any scheduled meeting. Applications must be received by the Director at least one hundred twenty (120) days prior to the Board meeting at which the application will be considered. Applicants must cure any defects in their applications no later than forty-five (45) calendar days before the Board meeting at which the application will be considered.
(d) Incomplete Applications. Incomplete applications, those missing one or more of the information items requested, and/or failing to meet established deadlines, shall not be presented to the Board for consideration until it is considered complete by program staff.
(a) Criteria. The Board shall evaluate applications utilizing the following criteria:
(i) Whether the applicant has an appropriate Project Priority List ranking as required in Section 1452(b)(3) of the Safe Drinking Water Act and is listed on the fundable portion of the Intended Use Plan;
(ii) Whether the applicant can demonstrate Capacity Development capabilities in compliance with Section 1420 of the Safe Drinking Water Act and the applicable requirements of DEQ;
(iii) Whether the applicant can obtain or ensure the certification of the Operators of the Publicly Owned Water System in accordance with DEQ rules and regulations prior to obtaining financial assistance approval;
(iv) Whether the applicant is current on all its repayment obligations to the Board;
(v) Whether the applicant’s dedicated source of revenue is acceptable to the Board and will be sufficient to provide security to repay its requested loan;
(vi) Whether the applicant is ready to proceed with construction or implementation of the project;
(vii) Whether the applicant has established an adequate operations and maintenance costs fund for the project for which applicant seeks funding;
(viii) Whether the applicant has made a significant commitment of funding resources for the project for which it seeks funding;
(ix) The percentage of the applicant’s population directly served by the project;
(x) The project’s priority rank on the current IUP; and (xi) Whether the project is appropriately sized for the population to be served by the project.
(b) If assessments are included as part of the dedicated source of repayment, applicant shall establish an annual assessment equal to, or greater than, the amount of the annual debt service payment on the loan. This assessment schedule shall be filed with the County Assessor’s Office on or before February 15th of each year for the full term of the loan, and a copy of the assessment shall be sent to OSLI annually.
(c) Interagency Consultation. OSLI shall facilitate interagency consultation with DEQ and WWDO through the review of applications for loans and Additional Subsidies and provide comments to the Director for Board consideration. The Board shall request the DEQ and the WWDO to provide the services required under W.S. 16-1-301 through 308.
(a) The Board shall consider each complete application and allow for comments from the applicant, the Director, DEQ and WWDO. The Board shall also establish loan amounts and terms. Loan terms for applicants that are not considered disadvantaged, as determined by the points evaluation described in Section 6(b), shall not exceed what is allowable by the federal and state regulations, or the useful life of the project, whichever is less. For applicants that are considered disadvantaged, as determined by the points evaluation described in Section 6(b), loan terms shall not exceed thirty (30) years, or the useful life of the project, whichever is less.
Section 11. Interest Rates. The interest rate for all loans made under this Chapter shall be established by the Board pursuant to Chapter 14 of these rules.
(a) Annual payments for all loans shall begin one (1) year after Substantial Completion of the project as indicated in the final project contract. Annual payments for loans used to refinance existing debt shall begin no later than one (1) year after loan approval.
(a) Requests for disbursements shall be submitted on a form provided by the Director and include supporting invoices, receipts, or other documentation establishing the eligibility of costs submitted for disbursement. Proceeds will only be disbursed for eligible project costs as set forth in this Chapter and within federal guidelines following review by OSLI and WWDO.
(b) Owners of any project that spans more than one (1) construction season shall annually submit an updated timeline to OSLI and WWDO for the project.
(a) The Board shall ensure compliance with the provisions of the Single Audit Act and Subpart F of Title 2 U.S. Code of Federal Regulations (CFR) Part 200. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. On an annual basis records of loan recipients shall be, at a minimum, compiled by an independent accounting firm. Notification of compliance shall be made to the Board in the form of a Compilation, Review, or Audited Financial Statement prepared by an independent accounting firm.
(b) The Board may, at its expense, conduct an independent audit of the loan recipient’s records and inspect the construction and operation of the project. Loan recipients shall maintain project accounts in accordance with the Governmental Accounting Standards Board (GASB). The Boards auditors will conduct such an audit in accordance with Generally Accepted Government Auditing Standards (GAGAS). Loan recipients shall assist and provide any information required by the auditors.
(a) The Director, or the Director’s designee, shall review all reports prepared by the OSLI, DEQ and WWDO for submission to the USEPA.
(a) The Board shall administer the state drinking water revolving loan account program in accordance with all applicable federal laws and regulations. The Board shall enter into, and periodically update, Memorandums of Understanding with DEQ and WWDO to implement the program and facilitate program compliance.
(a) Unless stated within these rules, a loan origination fee of one-half of one percent (0.5%) of the amount of the loan will be collected at loan closing. The fees will be deposited to the Administrative Account as authorized by W.S. 16-1-303(d).
The Board may award funding from IIJA funds under this Section for projects that address Emerging Contaminants. For awards under this Section, the provisions of this Section shall supersede any inconsistent provisions in any other section of this Chapter.
(a) Loan and Additional Subsidies Eligibility.
(i) Applicants. Publicly Owned Water Systems in Wyoming listed on the Project Priority List specifically related to Emerging Contaminants shall be eligible to apply for loans and Additional Subsidies under this Section.
(ii) Origination fees shall be waived for all loans closed utilizing the Emerging Contaminants capitalization grants from the IIJA bill.
(iii) Additional Subsidies. Additional Subsidies may be awarded in the form of PF, to the extent available, and in accordance with all federal regulations. All loans awarded under this section are eligible for one hundred percent (100%) PF, contingent on compliance with federal requirements.
(iv) Disadvantaged Community Eligibility. All qualifying entities submitting loan applications for projects that address identified Emerging Contaminants through lab testing meeting the Emerging Contaminants definition in Section 2(e) are considered disadvantaged under this section and qualify for one hundred percent (100%) PF.
(b) Eligible Projects. Projects shall be eligible under this Section if they:
(i) Meet all DWSRF eligibility criteria;
(ii) Are primarily intended to address previously identified Emerging Contaminants in drinking water; and
(iii) Meet all other federal program requirements.
(c) Eligible Costs. The following project costs shall be eligible for reimbursement under this Section, subject to federal program requirements:
(i) Costs associated with the construction of a new treatment facility or upgrade to an existing treatment facility that addresses Emerging Contaminants.
(ii) Development of a new source that addresses an Emerging Contaminant issue. Water rights purchases must meet all criteria in the Class Deviation for Water Rights in order to be eligible for funding under this section.
(iii) Consolidation with another water system that does not have Emerging Contaminants present or has removal capability.
(iv) Costs for planning and design and associated pre-project costs.
(v) Infrastructure related to pilot testing for treatment alternatives.
(vi) Creation of a new community water system to address unsafe drinking water provided by privately-owned wells or surface water sources.
(vii) Costs not listed in Section 7 as being ineligible.
Section 19. IIJA Lead Service Line Replacement Funding. The Board may award funding from IIJA funds under this Section for projects that replace LSLs, goosenecks, pigtails, or connectors. For awards under this section, the provisions of this section shall supersede any inconsistent provisions in any other section of this Chapter.
(i) Applicants. Publicly Owned Water Systems in Wyoming listed on the Project Priority List specifically related to LSL replacement funding shall be eligible to apply for loans and Additional Subsidies under the section.
(ii) Origination fees shall be waived for all loans closed utilizing the Lead Service Line Replacement capitalization grants from the IIJA bill.
(iii) Disadvantaged Community Eligibility. All entities with identified areas meeting the LSL definition in Section 2(k) are considered disadvantaged under this section and qualify for PF. Additional Subsidies may be awarded in the form of PF, to the extent available, and in accordance with all federal regulations. All loans awarded under this section are eligible for PF, contingent on compliance with federal requirements. OSLI shall award points based on population trend, income data, and unemployment data, enterprise system rate management, and the prior year’s property tax and four percent (4%) sales tax collections, as set forth in Section 6 of this Chapter. Applicants whose total points are nine (9) or greater are eligible for PF of up to one hundred percent (100%) of their loan amount. Applicants whose total points are equal to or greater than six (6) but less than nine (9) are eligible for PF of up to seventy five percent (75%) of their loan amount. Applicants whose total points are equal to or greater than three (3) but less than six (6) are eligible for PF of up to fifty percent (50%) of their loan amount. Applicants whose total points are less than three (3) are eligible for PF of up to twenty-five percent (25%) of their loan amount.
(b) Eligible Project Costs. The following project costs shall be eligible for reimbursement under this Section, subject to federal project requirements:
(i) Complete removal of LSL, including all public and privately owned portions, or service lines made of galvanized iron or galvanized steel that are currently or have previously been downstream of lead components and replacement with a pipe that meets the federal program requirements and that complies with state and local plumbing codes and or building codes.
(ii) Removal of lead or galvanized goosenecks, pigtails, and connectors, and replacement with an acceptable material that meets the federal program requirements and that complies with state and local plumbing codes and or building codes.
(iii) Replacement of curb stops, curb stop boxes, and other service line appurtenances that are removed as part of full LSL replacement.
(iv) Site restoration, including landscaping, sidewalks, driveways, if the removal was necessary to replace the LSL.
(v) Permit fees, if the fees are normal, required, and specific to the LSL replacement.
(vi) Temporary pitcher filters or point-of-use devices certified by an American National Standards Institute accredited certifier to reduce lead during or for a short time period after LSL projects.
(vii) Development or updating of lead service line inventories, including locating and mapping lead service lines. Methods of investigation to develop inventories could include visual observation, water quality sampling for non-compliance, excavation, vacuum or hydro-excavation, statistical analysis, or other emerging technologies
(viii) Planning and design for infrastructure projects listed above.
(ix) Non-routine lead sampling, if not for compliance purposes, as part of an LSL replacement project.
(x) Costs not listed in Section 7 as being ineligible.
Section 20. Planning and Assessment Grants. The Board may use a portion of the Additional Subsidies from the capitalization grants to fund qualifying planning and assessment activities.
(a) The amount available for grants under this subsection shall be defined in the annual IUP.
(b) The following activities may qualify for grants under this subsection:
(i) Asset management, fiscal sustainability, cost and effectiveness analyses;
(ii) Capital improvement plans;
(iii) Integrated planning;
(iv) Long-term control plans;
(v) Water or energy audits;
(vi) Conservation plans facility plans;
(vii) Treatment works security and safety plans;
(viii) Risk or vulnerability assessments;
(ix) Emergency preparedness response and recovery plans; (x) Drought management plans; (xi) Climate adaptation plans; (xii) Environmental management systems; (xiii) Watershed management plans; and (xiv) Total maximum daily load implementation plans.
(c) Applicants for grants under this Section shall submit an application on a form provided by OSLI and governed by the provisions of Section 9 of this Chapter.
(d) The Board shall award grants under this Section to such applicants and in such amounts as shall, in the judgment of the Board, inure to the greatest benefit of the citizens of the State of Wyoming and represent a prudent use of funds.