060-31 Wyo. Code R. §§ 31-4 - Loan and Principal Forgiveness Eligibility
(a)
Applicants. Publicly Owned Water Systems in Wyoming shall 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 eligible Publicly Owned Water
Systems as authorized in W. S.
16-1-305. Eligible
projects may be comprised of improvements to all components of a Water Supply
System as appropriate and permitted by the Safe Drinking Water Act.
(c) Project Eligibility. Only priority list
projects on the 2010 Drinking Water 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 safe drinking water
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 safe drinking water 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. Thereafter, following Board action on all
such 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 safe drinking water 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 16 rules as established by the Board, the
Board may require applicants to secure a portion of project funding from either
Chapter 16 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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