(a) Applicants. Incorporated cities and towns, counties, special districts and joint powers boards that are not eligible to receive funding from State Loan and Investment Board rules Chapter 20 shall be eligible to apply for grants under this chapter. Applicants cannot receive funding for the same project from this Chapter and Chapter 21, State Loan and Investment Board rules. If the applicant is a special district or joint powers board, it must be legally formed and approved prior to submitting an application and the appropriate Board of County Commissioners must sponsor the application. An applicant must be in compliance with all applicable reporting requirements with the Wyoming Department of Audit prior to its application being considered by the Board.
(b) Purposes. Pursuant to W.S. 9-4-604 and Laws 2006, Chapter 35, Section 317(c) the Board shall provide grants in the general categories of transportation, including roads, bridges, streets, traffic and drainage; utilities, including water, wastewater, solid waste and electricity; public safety, including county jails, law enforcement, fire protection and animal control; medical, including hospitals, clinics and ambulances; and other categories, including but not limited to, local government buildings and public use facilities. The Board shall award grants in such a way that except for emergency situations none of the categories listed in this subsection shall be given preferential treatment. In order to comply with this provision the Office shall calculate the total grant requests received for consideration at each grant meeting for each category. The Office will then calculate the percentage requested in each category to the total requests received, except for emergency situations. The Director will recommend funding and the Board shall approve funding for each category in its approximate percentage to the total requests received for that category.
(c) Maximum Grant Percentage. Pursuant to Laws 2006, Chapter 35, Section 317(c) the Board after considering the applicant's financial strength may waive or reduce any matching funds required by W.S. W.S. W.S. 9-4-604. The Board will use the following guidelines to determine grant percentages. - (i) All eligible applicants are presumed eligible to receive a grant up to 50% of eligible project costs.
- (ii) The Board may make grants up to 75% to counties, hospital and fire districts if the Board determines that
- (A) the county 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. W.S. W.S. 39-15-204(a)(i) or (iii) at the time of the application and
- (B) the county in which the project is located has an assessed valuation equal to or less than two and one-half percent (2.5%) of the State's total assessed valuation. The Office will use the current annual report from the Wyoming Department of Revenue to determine assessed valuation. The Office will use the current federal census to determine population. If the applicant is a hospital district or fire district it must also levy the maximum mill levy available to the district.
- (iii) The Board may award grants up to 75% of the eligible project cost to municipalities if the Board determines that the municipality at the time of application:
- (A) levied at least seven (7) mills for operating expenses including special district levies chargeable against the general city or town levy during the current fiscal year or is imposing the optional tax permitted by W.S. W.S. W.S. 39-15-204(a)(i) or (iii) at the time of the application and
- (B) has a population of less than 1,300 according to the latest federal census and/or
- (C) is located within a county where the three-year average of the local government share of state sales and use tax per capita is less than seventy percent (70%) of the statewide average.
- (iv) Waiver or Reduction of match requirements. The Board may reduce or waive the above match requirements after considering the applicant's financial strength and upon written request from the applicant at the time it makes application. Factors that the Board may consider when reducing or waiving match include but are not limited to the total mills levied against all properties in the jurisdiction of the applicant, the total sales and use tax levy in the county in which the applicant is located and the ratio of debt to the assessed valuation of the applicant.
(d) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match: - (i) Costs for sidewalks that are owned or maintained 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 project cost;
- (iv) All non-cash costs except:
- (A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes, valued at reasonable, actual cost; and
- (B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to the applicant, used for project purposes and valued at reasonable, actual cost.
- (v) Costs for preparation or presentation of grant or loan applications for any source of funding;
- (vi) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;
- (vii) Costs for furnishings;
- (ix) Costs related to issuance of bonds;
- (x) 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;
- (xi) Costs to establish and form special districts or joint powers boards;
- (xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;
- (xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs.
060-22 Wyo. Code R. § 22-5