060-30 Wyo. Code R. §§ 30-4 - Loan and Principal Forgiveness Eligibility
(a)
Applicants. Municipalities, counties, special districts and joint powers boards
in Wyoming shall be eligible for loans and principal forgiveness under this
Chapter. DEQ may be eligible for loans and principal forgiveness under this
Chapter. If the applicant is a special district or a 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 their application being considered by the Board.
(b) Purposes. Loans and principal forgiveness
shall be awarded only for water pollution control purposes specified under W.
S.
16-1-205(a).
(c) Project Eligibility. Only projects on the
2010 Clean Water State Revolving Fund Intended Use Plan are eligible for loans
and principal forgiveness under this Chapter.
(i) To the extent that there are sufficient
eligible project applications, not less than twenty percent (20%) of the funds
appropriated under this Chapter shall be reserved for water and sewer, storm
water drainage and solid waste disposal projects comprised of green
infrastructure, water or energy efficiency improvements or other
environmentally innovative activities;
(ii) The remaining funds appropriated under
this Chapter shall be reserved for conventional water and sewer, storm water
drainage and solid waste disposal projects. Preference will be given to those
conventional projects that can be under contract or construction no later than
January 1, 2010. The Board will not consider conventional projects that cannot
be either under contract or commence construction by February 16,
2010.
(iii) Applications for
eligible projects as set forth in the special funding reservation in subsection
(c)(i) will be accepted for review by the Office only through August 17, 2009.
Subsection (c)(i) projects are also further subject to the deadlines set forth
in subsection (c)(ii) of this section. Following Board action on all subsection
(c)(i) applications received, the Office will seek approval from USEPA to move
any unobligated reserve funds in subsection (c)(i) to subsection (c)(ii)
conventional water and sewer, storm water drainage and solid waste disposal
projects. Upon USEPA approval, funds moved to subsection (c)(ii) become
available for award by the Board for both green and conventional infrastructure
projects.
(iv) To maximize loan
funding utilization under this Chapter, and under Chapter 11 rules as
established by the Board, the Board may require applicants to secure a portion
of project funding from either Chapter 11 or other sources. All eligible
applicants are eligible to receive a loan under this Chapter up to fifty
percent (50%) of eligible project costs. All loans awarded under this
subsection shall receive one hundred percent (100%) principal forgiveness up to
fifty (50%) of eligible project costs.
(v) To maximize loan funding utilization
under this Chapter only, the Board may award loans up to one hundred percent
(100%) of eligible project costs. In addition, the Board may also award
principal forgiveness up to one hundred percent (100%) for loans awarded under
this subsection. The Board will use the following guidelines to determine
appropriate loan and principal forgiveness percentages:
(A) the municipality either levied at least
seven (7) mills for operating expenses including special districts levies
chargeable against the general city or town levy during the current state
fiscal year or is imposing the optional tax permitted by W. S.
39-15-204(a)(i) or (iii) at
the time of application and is utilizing all other local revenue sources
reasonably and legally available to finance the project; or
(B) The county or special district 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 and is utilizing all other local revenue sources
reasonably and legally available to finance the project.
(C) Additional factors that the Board may
consider include, but are not limited to, an entity's Annual Median Household
Income (AMHI) per the 2000 U.S. Decennial Census and the entity's water and
sewer rates as compared to state wide averages.
(d) 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) For projects less than $500,000,
engineering fees, including design, inspection and contract administration
costs exceeding thirty percent (30%) of project costs;
(iv) For projects $500,000 or more,
engineering fees, including design, inspection and contract administration
costs exceeding twenty percent (20%) of project costs;
(v) All non-cash costs except land which is
integral to the treatment process and if allowable under federal law;
(vi) Costs for preparation or presentation of
grant or loan applications for any source of funding;
(vii) Costs for transportation, meals and
lodging incurred anywhere away from the site of the project;
(viii) Costs of tools and furnishings for
capital projects, including but not limited to, capital equipment, hammers,
tanks, tools, furniture, drapes and blinds not integral to and necessary for
the project;
(ix) Legal
fees;
(x) Costs related to the
issuance of bonds;
(xi) 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;
(xii) Costs to establish and form special
districts or joint powers boards;
(xiii) Costs incurred prior to loan award,
except costs incurred for architectural and engineering design, surveying,
state environmental review process (SERP) requirements or in emergency
circumstances;
(xiv) Costs for a
contingency or extra work allowance in excess of ten percent (10%) of estimated
construction costs.
Notes
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