060-42 Wyo. Code R. §§ 42-5 - ARPA Eligibility Justification

All projects under this Chapter must be eligible for funding under ARPA and the Final Rule.

(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) Applications for Non-Capital Projects shall include the Non-Capital Project justification described in Subsection (c) of this Section.

(iii) Applications for Water Projects shall include the Water Project justification described in Subsection (d) of this Section.

(iv) If an applicant is unsure of the classification of its proposed project is, it shall submit a written request for determination to the Office. Upon receipt of such request, the Office shall provide a binding determination of which justification is required.

(v) If an applicant submits the wrong category of justification, the Office shall notify the applicant in writing and the applicant shall have until the end of the relevant application period, as set forth in § 6(b) of this Chapter, to submit the proper justification. In no event shall the application deadline be extended because an applicant submitted the wrong justification.

(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 Non-Capital Projects. Each application for a Non-Capital Project shall contain a justification explaining how the project is eligible, which shall include:

(i) A detailed description of the identifiable harm caused or exacerbated by the public health emergency 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) A detailed description of how the project is a reasonable and proportional response to the identified harm. This description shall include:

(A) A description of how the project will address the identified harm, supported by any available quantitative information;

(B) A description of how the project is cost-effective and financially proportionate to the identified harm; and

(C) A description of how the project is superior to other means of addressing the identified harm.

(d) Justification for Water Projects. Each application for a Water Project shall contain a justification explaining:

(i) Why the project is necessary, including:

(A) An explanation of how the project is responsive to an identified need to achieve or maintain an adequate minimum level of service;

(B) An explanation of how the proposed capital expenditure will provide an adequate minimum level of service;

(C) An explanation of how the project is cost effective, which shall include a comparison of the proposed capital project against alternative capital expenditures and a demonstration of how the proposed capital expenditure is superior; and

(D) An explanation of how the project will be maintained over the useful life of the infrastructure; and

(ii) What other funding options the applicant has explored and why funding under this program is necessary.

Notes

060-42 Wyo. Code R. §§ 42-5

Adopted, Eff. 8/10/2022. Amended, Eff. 11/2/2022. Amended, Eff. 12/9/2022.