(a) Applicants. Municipalities, counties, state agencies, special districts, and joint powers boards in Wyoming shall be eligible applicants for loans under this Chapter. This includes eligibility for Special Program Incentives when available.
(b) Special Program Incentives shall be awarded in accordance with all federal regulations. OSLI shall utilize one (1) of two (2) methods, depending on federal regulations, to determine the amount of Special Program Incentives an applicant is eligible for. - (i) The primary method OSLI will use includes awarding points based on population trend, income data, and unemployment data. Applicants whose total points are six (6) or greater are eligible for Special Program Incentives of up to seventy-five percent (75%) of their loan amount. Applicants whose total points are between four (4) and five (5) are eligible for Special Program Incentives of up to fifty percent (50%) of their loan amount. Applicants whose total points are between two (2) and three (3) are eligible for Special Program Incentives of up to twenty-five percent (25%) of their loan amount. Applicants whose total points are less than two (2) are not eligible for Special Program Incentives using this method.
- (A) Population trend points are awarded based on the category that the applicant was in as of the last decennial census (or other available population data acceptable to OSLI if decennial census data is not available). If an applicant can show population trend data demonstrating that it has likely dropped to a smaller category since the last decennial census, its points will be adjusted up accordingly.
- (I) Applicants whose population is five hundred (500) or less will receive three (3) points.
- (II) Applicants whose population is between five hundred one (501) and three thousand, three hundred (3,300) will receive two (2) points.
- (III) Applicants whose population is between three thousand, three hundred one (3,301) and ten thousand (10,000) will receive one (1) point.
- (IV) Applicants whose population is ten thousand, one (10,001) or greater will receive zero (0) points.
- (B) Income data points are 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 county AMHI 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.
- (I) Applicants whose AMHI is less than sixty percent (60%) will receive five (5) points.
- (II) Applicants whose AMHI is sixty percent (60%) or greater, but less than seventy percent (70%) will receive four (4) points.
- (III) Applicants whose AMHI is seventy percent (70%) or greater, but less than eighty percent (80%) will receive three (3) points.
- (IV) Applicants whose AMHI is eighty percent (80%) or greater, but less than ninety percent (90%) will receive two (2) points.
- (V) Applicants whose AMHI is ninety percent (90%) or greater, but less than one hundred ten percent (110%) will receive one (1) point.
- (VI) Applicants whose AMHI is one hundred ten percent (110%) or greater will receive zero (0) points.
- (C) Unemployment data points are awarded based on relationship of the local unemployment rate to the State unemployment rate. Local and State unemployment rates for the most recent quarter by county as published by the Wyoming Department of Workforce Services will be used.
- (I) Applicants whose unemployment rate is equal to or greater than the State rate will receive one (1) point.
- (II) Applicants whose unemployment rate is less than the State rate will receive zero (0) points
- (ii) The second method OSLI may use, when allowed by federal regulation, is based on the applicant's AMHI compared to Wyoming's AMHI.
- (A) Applicants whose AMHI is less than seventy percent (70%) of Wyoming's AMHI are eligible for Special Program Incentives of up to seventy-five percent (75%) of their loan amount.
- (B) Applicants whose AMHI is seventy percent (70%) or greater, but less than ninety percent (90%) of Wyoming's AMHI, are eligible for Special Program Incentives of up to fifty percent (50%) of their loan amount.
- (C) Applicants whose AMHI is over ninety percent (90%) of Wyoming's AMHI are eligible for Special Program Incentives of up to twenty-five percent (25%) of their loan amount.
(b) 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 must be established by an income survey at district expense or other financial data acceptable to OSLI and the Board. 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 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.
(c) Purposes. Loans and Special Program Incentives may be awarded by the Board pursuant to W.S. 16-1-205(a). The Board may also award loans and Special Program Incentives consistent with changes in state or federal law.
(d) Project Eligibility. Only projects on the current Clean Water State Revolving Fund Intended Use Plan are eligible for loans and Special Program Incentives under this Chapter. Eligible applicants are responsible for ensuring that their project(s) are listed on the current Clean Water State Revolving Fund Intended Use Plan.
(e) 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 allowable under federal law but not 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;
- (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 and OSLI;
- (ix) Costs related to the issuance of bonds;
- (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 or in emergency circumstances;
- (xiii) Costs for change orders not approved by DEQ and OSLI;
- (xiv) Lump sum contracts unless approved by DEQ and OSLI;
- (xv) Costs in excess of $50.00, unless approved by DEQ 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;
- (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.
060-11 Wyo. Code R. § 11-5