Wyo. Code R. 085-0020-1
Effective Date: 02/12/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 085.0020.1.02122025
Section 1. Purpose. The purpose of the Community Facilities Program (CFP) is to assist communities to preserve former school and government facilities that have existing or future community uses. These rules are adopted in order to implement W.S. 9-12-801 through 9-12-804, which provide for grants to eligible applicants for community economic development or enhancement of quality of life community facility projects. The rules provide for a method of application review, recommendation, the establishment of terms and conditions for awards and a hearing process.
Section 2. Authority. Rule-making for this program is the responsibility of the Wyoming Business Council as authorized by W.S. 9-12-104(a)(iv) and W.S. 9-12-801 through W.S. 9-12-804.
(a) 'Affixed equipment' means equipment that is fixed in position to a building or property as a permanent appendage or as a structural part of the building or property.
(b) 'Applicant' means a county, incorporated city or town, joint powers board, or a cooperative tribal governing body who applies for funding under the Community Facilities Program (CFP).
(c) 'Award recipient' means a county, incorporated city or town, joint powers board, or a cooperative tribal governing body who has been awarded funds under the CFP.
(d) 'Board' means the Wyoming State Loan and Investment Board.
(e) 'Cash match' means cash contributed to the total eligible project cost. Real estate owned by the applicant or community development organization may be used as cash if the property in question was not purchased with or developed by CFR funds and the value of the real estate is supported by an appraisal. Engineering and design work completed within six months of the date a project application is received by the Wyoming Business Council may be counted as cash match.
(f) 'Community Development Organization' means a group of private citizens organized as a business entity authorized to do business in this state for the purpose of providing financing for new, existing or expanding businesses and other economic or community development purposes throughout its community or county and which may take equity positions and shall take security positions in its borrowers' businesses and appropriate personal guarantees from the owners thereof.
(g) 'Council' means the Wyoming Business Council Board of Directors.
(h) “Council Staff” means the staff of the Wyoming Business Council assigned to administer the program.
(i) “Eligible Project Costs” means total project cost, less ineligible project costs. Eligible project costs must be related to either 1) the expansion, renovation or remodeling of a surplus government facility and/or associated infrastructure or 2) expansion, renovation, conversion or purchase of an interest in a local enhancement to a school building or facility and/or associated infrastructure.
(j) “Ineligible Project Costs” are fixtures, appliances, equipment or other features of the facility which are not physically attached or otherwise are depreciating assets, and any other items identified by Council staff.
(k) “In-kind match” are contributions with value and must be applicable to the period to which the matching requirement applies and must be necessary for the project. Examples of in-kind contributions include labor, materials and real estate. In-kind contributions must be verifiable from the records showing how the value placed on in-kind contributions was derived. Labor services will be reported using rates consistent with those ordinarily paid by the applicant or other employers for similar work in the same labor market. Donated materials will be valued at market value at the time of donation. The value of donated buildings or land will be established using a market value or appraisal set by an independent appraiser or a market analysis prepared by a licensed realtor.
(l) “Local Enhancement to a School Building and Facility” as defined by W.S. 21-15-111(iii).
(m) “Movable equipment” includes those items that are the functioning collection of machinery or devices for performing a mechanical, electrical or communications task that remain movable and not a structural part of the building and/or property.
(n) “Revenue Generating project” means real property developed with CFP grants that can generate revenue from lease payments or the proceeds from the sale of real property.
(o) “State Development Organization” means a corporation organized under W.S. 17-11-101 through 17-11-120 with the authority to provide financing for new, existing or expanding businesses, and to fulfill other economic or community development purposes throughout the State of Wyoming, and which may take equity positions and shall take security positions in its borrowers’ businesses and appropriate personal guarantees from the owners thereof.
(a) Eligible applicants as defined by W.S. 9-12-801(c) may apply for CFP funding. Two or more eligible applicants may apply for a joint project via one application.
(b) The Council may enter into a cooperative agreement with the Eastern Shoshone Tribe, the Northern Arapaho Tribe, or the cooperative tribal governing body in order to promote the purpose of this program.
(c) An applicant may contract with a Community Development Organization, State Development Organization or political subdivision to use CFP funds.
(d) An otherwise eligible applicant that is past due on program reporting or revenue recapture payments to the Council shall be deemed ineligible until the applicant brings itself into full compliance with existing reporting and payment obligations to the Council.
(a) A grant may be made for the following types of project facilities:
(i) The expansion, renovation or remodeling of existing surplus government facilities.
(ii) The expansion, renovation, conversion, or purchase of an interest in a local enhancement to a school building or facility.
Section 6. Eligible Project Uses. Grant funds may be used for economic development and enhancement of quality of life community facilities projects that provide:
(a) Space for community gatherings and functions;
(b) Appropriate recreational, swimming, and athletic facilities for community members, particularly youth;
(c) Other functions or uses determined by the Council to be consistent with the purposes of the CFP.
Section 7. Ownership of Facility. The project facility funded by this program shall be owned by the applicant or an eligible Community Development Organization or State Development Organization as defined in Section 3 of this Chapter for a minimum of four years. The applicant may lease, sell, transfer or otherwise dispose of the project facility as provided by statute. No ownership interest in the project or facility under a project shall remain with the school district upon expenditure of any funds under this program for any project.
Section 8. School District Agreement. In the event the project facility involves a school district, such as a local enhancement to a school building or facility, or other school district involvement, an agreement between the applicant and the school district shall be developed that delineates the responsibilities of each party.
(a) An applicant is required to inform and educate the public and business community to the greatest extent possible about the proposed economic development project (including, but not limited to the economic development opportunity, possible funding sources, and alternative solutions) utilizing a variety of techniques and media. The applicant must make readily available to the public access to the application and associated materials, exclusive of business plans or business financial information. An applicant shall actively solicit citizen input that can be submitted via writing, electronically or in person at a public hearing. A minimum of one (1) public hearing is required before submission of an application. For the purposes of this program, seven (7) days is the minimum period for notification of a hearing date. Public notice shall be published in an official medium such as local newspapers, public fora, local governmental social media pages, or another venue as approved by Council staff. If the project facility is to be located outside the geographical boundaries of the applicant, the applicant shall hold an additional public hearing near the location of the proposed project facility. The notice shall contain a concise description of the proposed project and state that time will be set aside at the public hearing to take testimony from citizens about the project.
(i) To inform the public and gather information, any public hearing shall at a minimum:
(A) Be advertised with a concise description of the proposed project facility;
(B) Explore all known possible funding sources and alternative solutions to the opportunity or opportunities;
(C) Ensure that comments are actively being solicited and time will be set-aside at the public hearing to take testimony from citizens who may feel that the proposed use of the project facility might compete with an existing business or governmental organization pursuant.
(ii) An applicant must use its best efforts to notify all providers of similar services in the market area about the public hearing at least seven (7) days in advance of the public hearing.
(b) An application must be accompanied by a description of the applicant’s public engagement process, written comments received by the applicant, evidence of the public hearing notification, minutes from the public hearing and a signed resolution passed by the applicant or participating agencies to a joint powers board after the public hearing is held and public comments are considered.
Section 10. Funding Cycles. Applications shall be accepted according to an annual deadline schedule posted on the Wyoming Business Council website.
(a) The applicant shall schedule a consultation with a Wyoming Business Council Regional Director to discuss the project at least one month prior to project submission.
(i) Final draft applications and final draft application materials must be provided to the Regional Director no less than two weeks prior to submission.
(b) An application shall be reviewed by the Council staff to determine eligibility and completeness.
(i) Council staff shall utilize a scoring matrix to evaluate a grant application.
(ii) Each applicant shall submit the required application form and any supplemental documentation required by Council Staff.
(c) Incomplete or ineligible applications will be sent back to the applicant with an explanation of the Council staff's findings and recommendations.
(d) Council Staff shall provide statewide notice of Council and Board meetings at which CFP applications will be discussed.
(e) Council Staff shall provide the Council with a summary of each application and a recommendation as to that application.
(f) Council Staff shall provide the Board with a summary of each application including the Council's recommendation.
(g) Council Staff may, at its expense, hire a qualified third party to verify project cost estimates and the structural stability of the project facility. In addition, the Council Staff may, at its expense, hire a qualified third party to determine if any environmental hazards exists and to determine the condition of the facility or building components such as the plumbing, electrical, roof and mechanical systems.
Section 12. Demonstration of Need. To qualify for a grant, an applicant shall demonstrate:
(a) A commitment by the applicant to adequately maintain and ensure the project facility for which the grant is requested for at least four (4) years.
(b) A partnership or other working arrangement or agreement with other local governmental entities to ensure the viability of the project facility for at least four (4) years.
(c) The project facility is not otherwise provided in the community or that such a facility exists except that the financing of that facility has not been paid in full.
(d) The project facility will not compete with existing governmental organizations or businesses.
(e) The relationship of the project facility to a community economic development plan or to the enhancement of quality of life in the community.
(f) That all project costs will be funded at the time of receipt of a grant under this article with funding sources specified within the project application.
(g) The availability of funds sufficient to maintain the project facility. The grant application shall clearly identify maintenance funding sources sufficient to cover maintenance costs for a period of at least four (4) years.
(a) The total required match is based on total eligible project costs.
(b) Category One applicants require a twenty percent (20%) match, and Category Two applicants require a ten percent (10%) match.
(c) Half of the required match must be in the form of cash. The remaining fifty percent (50%) can be in the form of in-kind matches, subject to the following conditions:
(i) Eligible in-kind sources of match funds include real or personal property, building(s) and other sources as determined by Council staff.
(ii) Ineligible in-kind sources of match funds include operations, maintenance, grant writing, grant administration and other as determined by Council staff.
(d) Applicants for all projects are categorized based on population and local government share of state sales and use tax per capita. Categories determine the required match. Sales and use tax figures are updated annually by the Wyoming Department of Revenue and population figures are updated every five years by the U.S. Census Bureau. Sales and use tax figures used for category determinations will be an average of the three most recent years' data available. A schedule of categories will be regularly updated and posted on the Wyoming Business Council website.
(i) Category One applicants are those municipalities with a population greater than 1,300.
(ii) Category Two applicants are those municipalities with a population under 1,300 or are located in 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.
(iii) In the event the applicant is a joint powers board, the project's location will determine its categorization.
(a) Procurement Standards. Applicants must follow state procurement regulations applicable to cities and towns and the Wyoming Preference Act. If a non-municipal applicant has a procurement policy, Council staff or qualified consultants reserve the right to review that policy prior to fund disbursements and to disburse funds in accordance with that policy to the extent it is consistent with State law.
(b) Funds Disbursement. Funds shall be disbursed to the applicant only as needed to discharge obligations incurred in accordance with Board-approved eligible project costs. Request for disbursement shall be made via the online grant management system, access to which shall be provided by Council staff. Requests for fund disbursement must be supported by adequate proof that such an obligation has been incurred for the project purpose and is due and owing.
(c) Funds Reversion.
(i) If the Council staff determines that a project has not been completed within a reasonable time, Council staff shall notify the applicant in writing at least thirty (30) days prior to presenting the matter for Council review.
(ii) If the Council staff determines that the project is complete, but the full amount of the grant has not been expended, Council staff shall notify the award recipient of this determination. Thirty (30) days following the notification, the unused portion of the grant shall revert to the CFP Fund.
(iii) For projects that have not been started within one year: Council staff shall notify an award recipient of a pending expiration prior to the one-year anniversary of the grant approval. The award recipient may submit a written request to continue the project. Council staff may request new or updated information and documentation. Council staff may recommend and the Council may grant an extension of time in which to start or terminate the project.
(iv) For projects with contingencies, applicant must provide a quarterly update on the status of any project contingency. The award recipient has the option to submit a new application or may request an extension or modification of the contingency terms through the Council staff. Council staff may recommend and the Council may grant an extension of time or grant a modification to the contingency terms.
(d) Construction Monitoring.
(i) Reports. Within fifteen (15) calendar days of the conclusion of each calendar quarter during the term of the award contract, the applicant shall provide Council staff with a progress report. Each progress report shall set forth, in narrative form, the work accomplished under the grant during the quarter and shall include a financial status report.
(ii) Audits and inspections. The Council staff may, at its expense, conduct an audit of the records of the applicant and inspect the construction and operation of the project.
(iii) At the end of the construction period, the applicant shall provide Council staff a comprehensive report of the project and a cumulative financial statement that reflects the total fund expenditure pursuant to the award contract.
(e) Project Evaluation.
(i) Reports. Once the construction period is complete, the applicant shall submit annual reports for an additional five years to evaluate project outcomes against established measures on an annual basis. The Board may approve a longer reporting period on a finding that a longer reporting period would be beneficial to the State for the project. Council staff shall tailor reports to the specific nature of each grant, in agreements between the Council and award recipient. This requirement shall transfer with the transfer of any ownership interest in the infrastructure or building constructed with CFP funds.
(ii) Evaluation results. The Council shall use the evaluation report information to measure program outcomes, to promote learning from experience and to improve program performance. Evaluation results shall be available to other award recipients.
(iii) Project outcomes reported shall be substantiated by the applicant.
(iv) At the end of the five-year reporting requirement and/or at the sale of the public asset (if applicable), the award recipient shall provide a comprehensive report to the Council staff in a format prescribed by the Council staff that is a cumulative financial and performance report of the project. This report shall, at a minimum, include:
(A) A detailed accounting of project expenditures that were paid for with CFP grant funds;
(B) The match contributed and the source of the match monies;
(C) Recapture revenue(s) received, including an accounting of how recaptured revenues were or will be used, how recaptured revenue use complies with the rules of the CFP program and the project grant agreement; and
(D) The accomplishments that resulted from the grant. An authorized official of the award recipient shall certify, under penalty of false swearing, that the information in the report is true.
(v) Council Staff reserve the right to require the award recipient to request a CFP project audit be conducted by the director of the department of audit or his designee. The award recipient shall be responsible to pay the cost of this audit.
(vi) Record retention. Award recipients shall agree to retain all records related to the project for five (5) years following Council Staff's date of notice to award recipient of closeout of the grant.
(a) Comments regarding any application submitted under this program may be offered by any interested party.
(b) Written comments shall be received by Council Staff no less than fourteen (14) calendar days prior to the public meeting at which the application is to be considered by the Council and:
(i) May be submitted using an online form to be prescribed by the Council staff;
(ii) May be submitted by email to the wbc.public-comment@wyo.gov; or
(iii) May be submitted by mail or courier service as follows:
Wyoming Business Council Attn: Public Comment 214 West 15th Street Cheyenne, WY 82002
(c) Written comments submitted by any means other than those set forth in Subsection 15(b) of this Chapter shall not be considered.
(d) Prior to taking action on any application, the Council may accept oral comments during public session from any interested party. In accordance with W.S. 16-4-403(b), any party wishing to offer oral comments shall notify the Council as set forth below. Such notification shall include:
(i) The first and last name of the person offering comment; and
(ii) The affiliation(s) of the person offering comment; and
(iii) If applicable for commenters participating virtually, the unique identifier (such as screen name or user name) of the person offering comment such that the Council can identify the person offering comment and enable them to speak.
(e) Notwithstanding Subsection 15(d) of this Chapter, the Council reserves its right to forego public comments during any meeting of the Council or to otherwise impose reasonable limitations, such as limitations on comment length, on any comment period.