060-16 Wyo. Code R. §§ 16-6 - Base and Supplemental Loan and Additional Subsidies Eligibility

(a) Applicants. Publicly Owned Water Systems in Wyoming shall be eligible for loans under this Chapter. This includes eligibility for Additional Subsidies when available.

(b) Additional Subsidies. Additional Subsidies shall be awarded in the form of Principal Forgiveness and Green Project Reserve loans. The Additional Subsidies 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 propriety tax and four percent (4%) sales tax collections. Applicants whose total points are nine (9) or greater are eligible for Additional Subsidies 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 Additional Subsidies 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 Additional Subsidies of up to twenty-five percent (25%) of their loan amount. Applicants whose total points are less than three (3) are not eligible for principal forgiveness.

(i) Population trend points shall be awarded based on the applicant's population according to the last 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 since the last decennial census, its points shall be adjusted accordingly.

(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%) will receive three (3) points.

(B) Applicants whose AMHI is sixty percent (60%) or greater, but less than seventy percent (70%) 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%) will receive two (2) points.

(D) Applicants whose AMHI is eighty percent (80%) or greater, but less than ninety percent (90%) 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%) will receive one (1) point.

(F) Applicants whose AMHI is one hundred ten percent (110%) or greater 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. Local and State unemployment rates for the most recent quarter by county shall be based on data 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 relationship of 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 the AMHI will receive (1) point.

(B) Applicants whose average annual water rate is less than two percent (2%) of the AMHI will receive zero (0) points.

(v) Prior year's property tax and four percent (4%) 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.

(A) Applicants whose total collections are is less than two hundred fifty thousand dollars ($250,000.00) will receive five (5) points.

(B) Applicants whose total collections are between two hundred fifty thousand one-dollar ($250,001.00) and five hundred thousand dollars ($500,000.00) will receive four (4) points.

(C) Applicants whose total collections are between five hundred thousand one-dollar ($500,001.00) and one million dollars ($1,000,000.00) will receive three (3) points.

(D) Applicants whose total collections are between one million one dollars ($1,000,001.00) and two million five hundred thousand dollars ($2,500,000.00) will receive two (2) points.

(E) Applicants whose total collections are between two million five hundred thousand one dollars ($2,500,001.00) and five million dollars ($5,000,000.00) will receive one (1) point.

(F) Applicants whose total collections are greater than five million dollars ($5,000,000.00) will receive zero (0) points.

(c) Principal Forgiveness Contingency. Receipt of Principal Forgiveness 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 Principal Forgiveness being forfeited. A request for an extension may be submitted to OSLI 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. 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 by September 10th with the Department of Audit and notify the OSLI in writing that the filing was done.

(f) Purposes. Loans and Additional Subsidies may be awarded by the Board to eligible Publicly Owned Water Systems as authorized in W.S. 16-1-305. Eligible projects may consist of improvements to any components of a Water Supply System as appropriate and permitted by the Safe Drinking Water Act. The Board may authorize loans to refinance existing debt incurred completing 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) are listed on the current Drinking Water State Revolving Fund Intended Use Plan.

(h) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement:

(i) Costs for any asset that is owned 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 Board approved project costs;

(iv) All non-cash costs except land which is integral to the treatment process and if allowed under federal law. Costs for land in excess of current fair market value and/or costs for an amount of land in excess of that needed for project purposes are ineligible;

(v) Costs for preparation or presentation of grant or loan applications for any source of funding;

(vi) Costs for transportation, meals, lodging and incidentals incurred anywhere away from the site of the project or that exceed the current federal per diem reimbursement rate;

(vii) Costs of tools, supplies and furnishings for capital projects not included in DEQ approved construction contract documents, including but not limited to, capital equipment, hammers, tools, furniture, drapes, blinds, file cabinets, file folders and survey stakes;

(viii) Legal fees, except as pre-approved by DEQ or WWDO, and OSLI;

(ix) Costs related to the issuance of bonds;

(x) Costs of elections;

(xi) Costs to establish and form special districts or joint powers boards;

(xii) Costs incurred prior to loan award, except costs incurred for architectural and engineering design, surveying, state environmental review process (SERP) requirements, refinancing existing debt or in emergency circumstances;

(xiii) Costs for change orders not approved by DEQ or WWDO, and OSLI;

(xiv) Lump sum contracts unless approved by DEQ or WWDO, and OSLI;

(xv) Costs in excess of $50.00, unless approved by DEQ or WWDO, and OSLI based on an invoice(s) or additional documentation submitted by applicant;

(xvi) Costs associated with the applicant's own employees and equipment, unless pre-approved by DEQ or WWDO, and OSLI;

(xvii) Markups by engineers/architects of sub-consultant and other outside charges;

(xviii) Projects undertaken using alternate design and construction delivery methods under W.S. 16-6-701, unless pre-approved by DEQ or WWDO.

Notes

060-16 Wyo. Code R. §§ 16-6

Amended, Eff. 5/12/2015. Amended, Eff. 1/6/2017. Amended, Eff. 3/3/2021. Amended, Eff. 7/5/2023 (EMERGENCY). Amended, Eff. 12/12/2023.