(a) Applicants. Publicly Owned Water Systems in Wyoming shall be eligible for loans under this Chapter. This includes eligibility for Special Program Incentives when available. - (i) 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.
- (ii) 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.
- (iii) 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 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 to 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. The Board may authorize loans to refinance existing debt incurred completing an eligible project. 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 Drinking 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 Drinking 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 allowed under federal law. 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 are ineligible;
- (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, OSLI and WWDO;
- (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, refinancing existing debt or in emergency circumstances;
- (xiii) Costs for change orders not approved by DEQ, OSLI and WWDO;
- (xiv) Lump sum contracts unless approved by DEQ, OSLI and WWDO;
- (xv) Costs in excess of $50.00, unless approved by DEQ, OSLI and WWDO 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 and WWDO;
- (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 and WWDO.
060-16 Wyo. Code R. § 16-6