060-40 Wyo. Code R. §§ 40-6 - ARPA Eligibility Justification

All projects under this Chapter must be eligible for funding under ARPA and the Final Rule. Eligible projects must be a direct and proportional response to COVID-19 or its negative economic impacts.

(a) Each application shall contain a justification explaining how the project is eligible under ARPA for funding.

(i) Applications for capital projects shall include the capital project justification described in Subsection (b) of this Section.

(ii) Application for rural telehealth projects shall include the rural telehealth project justification described in Subsection (c) of this Section.

(b) Justification for Capital Projects. For each proposed capital project, the application shall contain a written justification, which shall include:

(i) A detailed description of the identifiable harm caused or exacerbated by COVID-19 that the project is intended to address. This description shall include:

(A) A detailed description of the specific harm to be addressed by the requested funding;

(B) A detailed description of how the specified harm was exacerbated or caused by COVID-19; and

(C) Supporting quantitative information on the extent and type of the specified harm, such as the number of individuals or entities affected, and establishing a link between the harm and COVID-19.

(ii) An independent assessment demonstrating why a capital project is appropriate to address the specified harm, which shall include:

(A) An explanation of why the applicant's existing capital equipment, property, or facilities are inadequate to addressing the specified harm;

(B) A description of how the proposed project will address the identified harm;

(C) An explanation of why policy changes or additional funding to pertinent programs or services would be insufficient without the corresponding capital projects; and

(D) A description of why other possible non-capital interventions would be inefficient, costly, or otherwise not reasonably designed to remedy the specified harm without additional capital expenditure.

(iii) An objective comparison of the proposed capital project against alternative capital expenditures and demonstrate why their proposed capital project is superior to alternative capital expenditures that could be made. Applicants shall assess the proposed capital project against at least two alternative types or sizes of capital expenditures that are potentially effective and reasonably feasible. Where relevant, applicants shall compare the proposed project against the alternative of improving existing capital assets already owned or leasing other capital assets. Applicants shall use quantitative data when available. For each identified alternative, applicants shall provide:

(A) A comparison of the effectiveness of the capital projects in addressing the specified harm. This comparison shall consider the effectiveness of the capital projects in addressing the specified harm over the useful life of the capital asset and shall consider metrics such as the number of impacted or disproportionately impacted individuals or entities served, when such individuals or entities are estimated to be served, the relative time horizons of the project, and consideration of any uncertainties or risks involved with the capital project; and

(B) A comparison of the expected total cost of the capital projects. This comparison shall consider the expected total cost of the capital project required to construct, purchase, install, or improve the capital assets intended to address the specified harm. Applicants shall include pre-development costs in their analysis and shall provide an estimate of ongoing operational costs.

(c) Justification for rural telehealth projects. For rural telehealth projects, the applicant shall provide:

(i) A description of the harm necessitating the project, which shall include:

(A) A detailed description of the specific harm to be addressed by the requested funding;

(B) A detailed description of how the harm was exacerbated or caused by COVID-19; and

(C) Supporting quantitative information on the extent and type of the harm, such as the number of individuals or entities affected.

(ii) A description of the telehealth project, which shall include:

(A) A detailed description of the project specifications, including the details of any infrastructure to be improved or constructed, and the type and quantity of any equipment, software, or other goods or services that will be purchased with grant funds;

(B) A detailed description of how the project addresses the specified harm or need; and

(C) An explanation of how the project is a proportional response to the specified harm, including a comparison of the proposed project to other possible ways of addressing the specified harm.

Notes

060-40 Wyo. Code R. §§ 40-6

Amended, Eff. 12/8/2022.