Wyo. Code R. 060-0003-3
Loan and Investment Board
Chapter 3: Federal Mineral Royalty Capital Construction Account Grants
Effective Date: 06/10/2006 to 10/05/2006
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 060.0003.3.06102006
STATE LOAN AND INVESTMENT BOARD
Section 1. Authority.
This chapter is adopted pursuant to W.S. 9-4-604 and Laws 2006, Chapter 35, Sections 317 and 318.
Section 2. Definitions.
As used in this chapter:
(a) "Board" means the State Loan and Investment Board. (b) "Director" means the Director of the Office of State Lands and Investments. (c) "Office" means the Office of State Lands and Investments. (d) "Special district" means hospital, fire protection, sanitary and improvement, solid waste disposal, improvement and service, and water and sewer districts whose application has been sponsored by the Board of County Commissioners for the county in which the Special District is located. (e) "Eligible project costs" means total project cost, less ineligible project costs. (f) "Emergency Situation" means a situation that poses a direct and immediate threat to public health, safety or welfare.
Section 3. General Policy.
The Board shall award grants under the provisions of this chapter only for emergency situations and/or unique local conditions which justify an emergency.
Section 4. Distribution of Funds.
The Board shall award grants from funds appropriated to the Office under 2006 Session Laws,
Chapter 35, Section 317 (a) and 318. Once the Board has made the determinations required under Section 317 as to natural gas impacted areas, the Office shall allocate approved funding either from the mineral impact account or from the account established for applicants that are not directly impacted by the development of natural gas, as appropriate.
(a) Applicants. Incorporated cities and towns, counties, special districts whose applications are sponsored by the Board of County Commissioners in the counties in which the special districts are located, and joint powers boards shall be eligible to apply for grants under this chapter. If the applicant is a special district or joint powers board, it must be legally formed and approved prior to submitting an application. An applicant must be in compliance with all applicable reporting requirements with the Wyoming Department of Audit prior to its application being considered by the Board.
(b) Purposes. The award of grants under this Chapter is limited to applications submitted on or before May 18, 2006 for which the applicant has demonstrated the grant funds are needed to alleviate an emergency situation and/or unique local conditions which justify an emergency.
(c) Applicable Grant Percentage. Pursuant to 2006 Session Laws, Chapter 35, Section 317, the Board may reduce or waive any matching funds required by W.S. 9-4-604 after considering the applicant’s financial strength. The Board shall use the following guidelines in determining the applicable grant percentage.
(i) Municipal Applicants. Municipalities that either levy at least seven (7) mills or impose the optional tax permitted by W.S. 39-15-204(a) (i) or (iii) are presumed eligible to receive grants under this Chapter of up to 50% of the eligible project cost.
(ii) Municipalities that meet the criteria in Section 5 (c) (i) and that meet one or both of the following criteria are presumed eligible to receive grant assistance up to seventy-five percent (75%) of the eligible project costs: (1) have a population of less than 1,300 according to the latest federal census; (2) are located within a county where the three-year average of the local government share of state sales and use tax per capita is less than seventy percent (70%) of the statewide average. The Office will use the three most current annual reports from the Wyoming Department of Revenue to determine the three-year average of the local government share of sales and use tax. The Office will use the current federal census to determine the per capita percentage.
(iii) County and Special District Applicants. Applicants that either levied at least eleven (11) mills for operating expenses during the current fiscal year or are imposing the optional tax permitted by W.S. 39-15-204(a)(i) or (iii) at the time of the application, or in the case of special districts, applicants that are located within a county that either levied at least eleven (11) mills for operating expenses during the current fiscal year or is imposing the optional tax permitted by W.S. 39-15-204(a)(i) or (iii) at the time of the application, are presumed eligible to receive grants under this Chapter of up to 50% of the eligible project cost.
(iv) Counties, and hospital and fire protection districts located within a county, whose assessed valuation is less than two and one-half percent (2.5%) of the State’s total assessed valuation, are presumed eligible to receive grant assistance up to seventy-five percent (75%) of the eligible project costs. The Office will use the current annual report from the Wyoming Department of Revenue to determine assessed valuation. The Office will use the current federal census to determine population.
(v) Applicants may request that the Board waive or reduce any matching requirement under this section after considering the applicant’s financial strength. Relevant data that the Board will consider in waiving or reducing match requirements may include but is not limited to total sales and use tax levied within the county in which the applicant is located, and total mills levied on all real property in the county in which the applicant is located.
(d) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant’s match:
(i) Costs for sidewalks that are owned or maintained by a private property owner;
(ii) Costs for tap fees, sewer and water fees, and plant investment fees;
(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;
(iv) All non-cash costs except:
(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes, valued at reasonable, actual cost; and
(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to the applicant, used for project purposes and valued at reasonable, actual cost.
(v) Costs for preparation or presentation of grant or loan applications for any source of funding;
(vi) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;
(vii) Costs for furnishings;
(viii) Legal fees;
(ix) Costs related to issuance of bonds;
(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;
(xi) Costs to establish and form special districts or joint powers boards;
(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;
(xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs;
(xiv) Costs for stand alone road and street maintenance projects such as street chip and seal projects, crack sealing, and slurry sealing.
(a) Applications. Separate applications shall be prepared for each project. Applicants shall submit three (3) copies of their completed application to the Office. Applications shall be properly executed by the officers of the applicant.
(b) Timing. The Board shall meet to consider applications under this Chapter on June 22, 2006. Applications are limited to those applications received on or before May 18, 2006. A statement certifying that the applicant needs the project in order to alleviate an emergency situation and/or unique local conditions exist which justify an emergency must have been received on or before May 18, 2006 to accompany any applications already received by the previous February 16, 2006 deadline for consideration at the June 22, 2006 grant meeting.
(c) Information Required for All Applications. The following information shall be provided in all applications:
(i) A written statement by the applicant certifying and giving the reason(s) how the project will address an emergency situation and/or unique local conditions which justify an emergency.
(ii) If the applicant believes its project is located in an area directly impacted by natural gas development, the applicant must submit a one page summary describing how the applicant is directly impacted by natural gas development and the project would mitigate those impacts.
(xvi) If the project is needed to meet federal or state health and safety requirements, documentation of the specific requirements and an explanation of how the project addresses the requirements;
(xvii) For applications submitted by a special district, either standing alone or as a member of a joint powers board, the written review as required by W.S. 9-4-604(h); and
(xviii) Other applicable information as requested by the Office.
(d) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.
(a) Criteria. The Board shall evaluate applications utilizing the following criteria:
(i) The extent to which the project is needed to alleviate an emergency situation and/or unique local conditions which justify an emergency;
(ii) The extent of match committed to the project from all sources;
(iii) Whether the applicant has made a significant commitment of local resources;
(iv) Whether the applicant has matching funds for the project from other than state grants;
(v) Whether the project is appropriately sized in relation to the population to be served by the project;
(vi) The relative urgency of the project;
(vii) Whether the applicant is current on all its repayment obligations to the Board;
(viii) The extent to which the applicant is utilizing, or plans to utilize, available and qualified Wyoming based professional firms and contractors on the project;
(ix) The financial strength of the applicant, as determined by the Board;
(x) The percentage of the applicant's population directly served by the project;
The Board shall consider each application, allow for comments from the applicant and from the Director, and establish the maximum amount of the grant and the percent of eligible project costs that will be paid by the grant.
(a) Grant Disbursement. Grant funds shall be disbursed to the applicant only as needed to discharge obligations incurred in accordance with the Board approved percentage split of eligible project costs. Requests for disbursements shall be made on a form supplied by the Office and supported by adequate proof that such obligations have been incurred for project purposes and are due and owing.
(b) The minimum grant disbursement shall be Five Hundred dollars ($500.00) unless it is the final disbursement of grant funds for the project.
(c) Fund Reversion.
(i) If the Director determines that the project has not been commenced within one (1) year from the date the grant is approved, the grant will automatically expire. Based upon information supplied by the grantee, the Director may grant an extension of time in which to commence the project.
(ii) If the Director determines that the project has not been completed within a reasonable time, he shall notify the grantee in writing at least thirty (30) days prior to presenting the matter for Board review. The Board, upon review of the project circumstances, may terminate or modify the grant award.
(iii) If the Director determines that the project is complete, but the full amount of the grant has not been expended, the Office shall notify the grantee of this determination. Thirty (30) days following the notification, the unused portion of the grant or loan shall revert to uncommitted status.
The Board may, at its expense, conduct an audit of the records of the applicant and inspect the construction and operation of the project.