reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-8 - Terms of Repayment

Current through July 13, 2024
The terms of repayment for loans made pursuant to these rules
				  and regulations shall not exceed 20 years unless explicitly allowed by
				  W.S.
				  9-12-703(b). Terms of
				  repayment shall also adhere to the conditions set forth in the specific loan
				  documents. After the initial payment, which shall be prorated, all yearly
				  payments shall be due on the same date each year.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-9 - Loan Interest Rate

Current through July 13, 2024
The interest rate for loans under this chapter shall be five
				  (5) percent per annum or as otherwise established by
				  W.S.
				  9-12-703(d).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-10 - Security Interest

Current through July 13, 2024
(a) The Board may
				require a first-position security interest in the revenue-generating facility
				and the user fees or assessments. The Board and Commission also reserve the
				right to withhold the applicant's yearly state grant funding and apply those
				funds to the unpaid loan balance if the applicant defaults on the
				loan.
(b) During the life of the
				loan, the applicant shall:
(i) Maintain
				adequate insurance on the facility,
(ii) Pay all applicable taxes and assessments
				when due,
(iii) Maintain the
				facility in good condition, and
(iv) Adhere to and enforce the sponsor's
				assurances according to the certificate of state airport loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-11 - Default

Current through July 13, 2024
In the event of a default, the Office will consult with the
				  Commission on the appropriate way to collect the debt in compliance with state
				  and federal laws.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-12 - State Loan and Investment Board Actions

Current through July 13, 2024
(a) After the
				Commission recommends an application, the loan application package, containing
				all items described in Section
				5(c) above, shall be
				forwarded to the Office for a review of the applicant's credit worthiness. The
				package shall include a certification from the Commission stating its
				recommendation of the applicant's loan request. All items contained in Sections
				6 through
				8 of these rules shall be recorded and
				noted in the certification.
(b) If
				the applicant is found to be credit worthy, the Board will consider the
				application at its next regularly scheduled meeting.
(c) Upon approval of the Board, the Office
				shall execute the necessary loan documents. The Board shall perfect this loan
				in the county where the asset is located.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-13 - Disbursement of Loan Proceeds

Current through July 13, 2024
Loan proceeds shall be disbursed in minimum draws of $1,000
				  in accordance with a schedule that has been agreed upon and stipulated in the
				  loan agreement. Requests for disbursements shall be submitted on a form
				  provided by the Director and include supporting invoices establishing the
				  eligibility of costs submitted for disbursements. Loan proceeds will only be
				  disbursed for eligible project costs as set forth in this Chapter and within
				  approved guidelines following review by the Office and the
				  Commission.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-14 - Audits and Inspections

Current through July 13, 2024
The Commission or Board may, at its expense, audit the
				  records of the applicant and inspect the construction and operation of the
				  project at any time during the term of the loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-1 - Authority

Current through July 13, 2024
This Chapter is adopted pursuant to Wyoming Statute (WS)
				  21-18-319 Pursuant to 2023 Wyo. Sess. Laws Chapter 35, 4(a)(ii), the Board
				  shall not authorize, approve, structure, guarantee or finance a student
				  dormitory capital construction loan on and after April, 2023.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-2 - Definitions

Current through July 13, 2024
In addition to the definitions in Chapter 1, as used in this
				  Chapter:
(a) "Capital renewal" is the
				planned replacement of building subsystems such as roofs, electrical systems,
				HVAC systems and plumbing systems that have reached the end of their useful
				life.
(b) "Community college" means
				Casper College District, Central Wyoming College District, Eastern Wyoming
				College District, Laramie County Community College District, Northern Wyoming
				Community College District, Northwest College District or Western Wyoming
				Community College District.
(c)
				"Financial review" means audited financial statements.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-3 - General Policy

Current through July 13, 2024
Loans shall be made in such a manner and to such community
				  colleges as shall, in the judgement of the Board, represent a wise investment
				  of state funds.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-4 - Eligible Applicants

Current through July 13, 2024
(a) To be an
				eligible applicant, community colleges must be able to demonstrate:
(i) A commitment to adequately maintain the
				project for the term of the loan;
(A) A
				commitment to adequately maintain the project shall be demonstrated by:
(I) A resolution, adopted by the governing
				body of the community college, describing its commitment to maintain the
				project for at least the term of the loan and identifying a funding source for
				maintenance, and
(II) A maintenance
				plan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-5 - Eligible Purposes

Current through July 13, 2024
(a) Applications
				for loan shall be made only for the following purposes:
(i) Construct new student
				dormitories;
(ii) Renovate or
				upgrade buildings or existing student dormitories; and
(iii) Capital renewal.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-6 - Application Procedure

Current through July 13, 2024
(a) Applications.
(i) Each applicant shall submit a written
				loan application, on the form furnished by the Office. At a minimum, the
				application shall include:
(A) A signed
				resolution stating the amount and term of the loan being requested, name of
				project, repayment source(s), and agreeing to maintain the project for the life
				of the loan;
(B) A detailed project
				summary which includes a breakdown of total project costs, a project timeline
				and repayment source(s);
(C)
				Commitment letters from all funding sources, if applicable;
(D) An engineer's Feasibility Statement;
				and
(E) A formal maintenance plan
				documenting how the applicant will adequately maintain the project for the life
				of the loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-7 - Loan Terms

Current through July 13, 2024
(a) Interest rate.
				The interest rate for loans under this Chapter shall be pursuant to Chapter 14
				of the rules as established by the Board and a one-half of one percent (0.5%)
				origination fee shall be collected on the amount approved.
(b) Length. The term of each loan shall be
				set by the Board with due regard given to repayment ability, the useful life of
				the project, and the security offered, but in no event shall the term be less
				than five (5) years or exceed twenty-five (25) years.
(c) Repayment. Payments shall be made in
				accordance with the agreed upon terms within the executed loan
				documents.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-8 - Security

Current through July 13, 2024
(a) Every loan
				shall be evidenced by a promissory note for the principal sum of the
				loan.
(b) Every loan shall have
				adequate security in the form of:
(i) Pledge
				of revenues from the student dormitory for which the loan was
				granted;
(ii) Pledge of other
				revenue available to a community college; and/or
(iii) Any other security deemed adequate to
				secure repayment of the loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-9 - Disbursements

Current through July 13, 2024
(a) Requests for
				disbursements shall be submitted on a form provided by the Director and include
				supporting invoices establishing the eligibility of costs submitted for
				disbursement. Loan proceeds will only be disbursed for eligible project costs
				as set forth in this Chapter and within established guidelines following review
				by the Office.
(b) The Office shall
				inspect and verify any reports and records required by the Board and submitted
				by the borrower before proceeds shall be released for payment.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-10 - Ineligible Project Costs

Current through July 13, 2024
(a) The following
				costs are ineligible:
(i) Costs related to any
				other infrastructure needs of the community college that are not directly
				associated with the development and construction, renovation, or capital
				renewal of student dormitories;
(ii) Costs for preparation or presentation of
				loan application;
(iii) Costs
				incurred prior to loan award, except costs for architectural and engineering
				design, surveying and environmental review, if required;
(iv) Engineering fees, including design,
				inspection and contract administration costs, over fifteen percent (15%) of the
				project cost;
(v) Markups by
				engineers/architects of sub-contractor and other outside charges;
(vi) Costs for transportation, meals, lodging
				and incidentals incurred offsite from the project or that exceeds the current
				federal per diem reimbursement rate;
(vii) Costs associated with the borrower's
				own employees and equipment;
(viii)
				Costs for real property in excess of current fair market value and costs for an
				amount of real property in excess of that needed for project
				purposes;
(ix) Costs related to
				issuance of bonds;
(x) Legal
				fees;
(xi) Costs for sidewalks that
				are owned or maintained by a private property owner; and
(xii) Costs for a contingency or extra work
				allowance in excess of ten percent (10%) of estimated construction
				costs.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-11 - Refinancing

Current through July 13, 2024
(a) If a borrower
				anticipates that it will be unable to make a required loan payment, the Board
				may refinance the loans, provided that:
(i)
				The borrower's inability to make payment is due to causes completely beyond its
				control and without the fault or negligence of the borrower;
(ii) The Board determines that refinancing is
				necessary for the better protection of the permanent mineral trust fund;
				and
(iii) The term of the
				refinanced loan does not exceed twenty-five (25) years from the date of
				refinancing.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-12 - Reporting Requirements

Current through July 13, 2024
(a) Annually, by
				April 30th, the borrower shall provide to the Office a report on the progress
				of the project.
(b) When the loan
				is paid in full, the borrower shall provide a comprehensive report to the
				Office that, at a minimum, includes:
(i) A
				financial review; and
(ii) A list
				of accomplishments as a result of the loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 37 - STUDENT DORMITORY CAPITAL CONSTRUCTION LOANS › Section 37-13 - Audits and Inspections

Current through July 13, 2024
(a) On an annual
				basis, records of the borrower shall be, at a minimum, compiled by an
				independent accounting firm. The borrower shall provide the Office a
				Compilation, Review or Audited Financial Statement.
(b) The Board may, at its expense, conduct an
				independent audit of the borrower's records and inspect the construction and
				operation of the project.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-2 - Definitions

Current through July 13, 2024
In addition to the definitions in Chapter 1, as used in this
				  Chapter:
(a) "Airport Board" means an
				airport board or joint powers board specifically involved in the construction,
				development, and improvement of airport facilities generating user
				fees.
(b) "Airport Project" means
				the construction, development, and improvement of airport facilities generating
				user fees, but shall not include fuel system or fuel tank removal or for
				asbestos removal.
(c) "Capital
				construction" means new construction, expansion, renovation, or replacement of
				an existing facility or facilities.
(d) "City" means any incorporated
				municipality having a population of four thousand (4,000) or more which has
				been declared a city or which has taken the necessary steps to be and has been
				proclaimed a city.
(e) "Commission"
				means the Wyoming Aeronautic Commission.
(f) "Division" means the Wyoming Department
				of Transportation Aeronautics Division.
(g) "Infrastructure project" means a capital
				construction project which may lawfully be undertaken within the powers of the
				political subdivision.
(h)
				"Irrigation District" means an irrigation district under
				W.S.
				41-7-201.
(i) "Political subdivision" means Wyoming
				cities, towns, counties, special districts, school districts, and community
				college districts.
(j) "Special
				Districts" means special districts specifically involved in providing
				facilities or functions enumerated in W.S
				16-1-104(c).
(k) "Street and road projects" means the
				construction, maintenance or improvement of a public street, road or alley
				within a city, town, or county.
(l)
				"Town" means any incorporated municipality, not a city.
(m) "Water Conservancy Districts" means a
				district created under the Water Conservancy Act,
				W.S.
				41-3-701 through -779.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-3 - General Policy

Current through July 13, 2024
(a) Loans shall be
				made in such a manner and to such parties as shall, in the judgment of the
				Board, represent a prudent investment of state funds.
(b) The capital construction loan program is
				not intended to benefit investors or developers.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-4 - Eligible Applicants

Current through July 13, 2024
(a) Political
				subdivisions are eligible for loans for infrastructure projects. In order to
				qualify for a loan, the political subdivision must be able to demonstrate the
				following:
(i) A commitment to adequately
				maintain the project for the duration of the loan; and
(ii) All project costs will be funded at the
				time of receipt of the loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-5 - Eligible Purposes

Current through July 13, 2024
Loans may be made for Airport Projects, Infrastructure
				  Projects, and Street and Road Projects and may include costs associated with
				  the following purposes:
(a) Purchase
				of land, buildings, and improvements associated with capital
				construction;
(b) Renovation or
				upgrade of existing infrastructure; and/or
(c) Planning and construction.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-6 - Application Procedure

Current through July 13, 2024
(a) Applications.
(i) Each applicant shall submit a written
				loan application to the Office on the form furnished by the Office. Applicants
				seeking a loan for an Airport Project shall also submit a copy of the
				application to the Division. At a minimum, the application shall include:
(A) A signed resolution stating the amount of
				the loan being requested, name of project and repayment source(s), and agreeing
				to maintain the project for the life of the loan;
(B) A detailed project summary which includes
				a breakdown of total project costs, a project timeline and proposed repayment
				source(s);
(C) Commitment letters
				from all funding sources, if applicable;
(D) Engineer's Feasibility
				Statement;
(E) A formal maintenance
				plan documenting how the borrower will adequately maintain the project for the
				life of the loan;
(F) If the
				applicant is a special district, documentation of the formation of the special
				district and certification by the Board of County Commissioners that the
				special district currently exits; and
(G) If the applicant is a Joint Powers Board,
				a copy of the joint powers agreement approved by the Attorney General and a
				copy of the certification of organization filed with the Secretary of
				State.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-7 - Loan Terms

Current through July 13, 2024
(a) Interest Rate.
				The interest rate for loans under this Chapter shall be pursuant to Chapter 14
				of these rules.
(b) Origination
				Fee. The Office shall collect an origination fee in the amount of one-half of
				one percent (0.5%) of the approved loan amount.
(c) Length. The term for each loan shall be
				set by the Board with due regard given to repayment ability and the security
				offered, but in no event shall the term be less than five (5) years or exceed
				twenty-five (25) years.
(d)
				Repayment. Payments shall be made in accordance with the agreed upon terms
				within the executed loan documents.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-8 - Security

Current through July 13, 2024
(a) Every loan
				shall be evidenced by a promissory note or loan agreement for the principal sum
				of the loan.
(b) Loans shall be
				adequately secured to the Board's satisfaction. Loans may be secured with:
(i) Pledge of the revenues from the project
				for which the loan was granted;
(ii) Pledge of other available revenues to
				the borrower;
(iii) A mortgage
				covering all or part of the project, or a pledge of the lease of the
				project;
(iv) An assignment of
				lease revenues; and/or
(v) Any
				other security deemed adequate to secure repayment of the loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-9 - Disbursements

Current through July 13, 2024
(a) Requests for
				disbursements shall be on a form provided by the Office and include supporting
				invoices establishing the eligibility of costs submitted for disbursement. Loan
				proceeds shall only be disbursed for eligible project costs as set forth in
				this Chapter and within established guidelines following review by the
				Office.
(b) The Office shall
				inspect and verify any reports and records required by the Board and submitted
				by the borrower before proceeds shall be released.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-10 - Ineligible Project Costs

Current through July 13, 2024
The following costs are not eligible for funding under this
				  program:
(a) Costs for preparation or
				presentation of loan application;
(b) Costs incurred prior to loan award,
				except costs incurred for architectural and engineering design, surveying and
				environmental review, if required;
(c) Engineering fees, including design,
				inspection and contract administration costs, in excess of fifteen percent
				(15%) of project cost;
(d) Markups
				by engineers/architects of sub-contractor and other outside charges;
(e) Costs for transportation, meals, lodging
				and incidentals incurred offsite from the project or that exceed the current
				federal per diem reimbursement rate;
(f) Costs associated with the borrower's own
				employees and equipment;
(g) 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;
(h) Costs related to
				issuance of bonds;
(i) Costs for
				furnishings;
(j) Legal
				fees;
(k) Costs for sidewalks that
				are owned or maintained by a private property owner; and
(l) Costs for contingency or extra work
				allowance in excess of 10% of estimated construction costs.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-11 - Refinancing

Current through July 13, 2024
(a) If a borrower
				anticipates that it will be unable to make a required loan payment, the Board
				may refinance the loan, provided that:
(i) The
				borrower's inability to make payment is due to causes completely beyond its
				control and without the fault or negligence of the borrower;
(ii) The Board determines that refinancing is
				necessary for the better protection of the permanent mineral trust fund;
				and
(iii) The term of the
				refinanced loan does not exceed twenty-five (25) years from the date of
				refinancing.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 38 - CAPITAL CONSTRUCTION LOANS › Section 38-12 - Audits and Inspections

Current through July 13, 2024
(a) On an annual
				basis, records of the borrower shall be, at a minimum, compiled by an
				independent accounting firm. The borrower shall provide the Office a
				Compilation, Review or Audited Financial Statement.
(b) The Board may, at its expense, conduct an
				independent audit of the borrower's records and inspect the construction and
				operation of the project.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-1 - Authority

Current through July 13, 2024
This Chapter is adopted pursuant to 2022 Wyo. Sess. Laws Ch.
				  50, §§
									2, FN 16; 3(d).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-2 - Definitions

Current through July 13, 2024
In addition to the definitions in Chapter 1, as used in this
				  Chapter:
(a) "ARPA" means the federal
				American Rescue Plan Act, Pub. L. 117-2.
(b) "Business days" means Monday through
				Friday, except for federal or state holidays.
(c) "Community Mental Health Center Regional
				Crisis Stabilization Facility" means a human services provider that currently
				provides community-based, short-term residential treatment units for immediate
				care to individuals experiencing a mental health or substance use disorder
				crisis.
(d) "COVID-19" means as
				defined in W.S. §
									1-1-141(a)(ii).
(e) "Entity Funds" means funding provided
				directly by an applicant and includes an applicant's operating, reserve, or
				investment funds, loans, and direct donations received by the applicant.
				"Entity Funds" does not include federal or state grant funding.
(f) "Final Rule" means the Treasury's
				regulations governing the Coronavirus State and Local Fiscal Recovery Funds, 87
				Fed. Reg. 4338-4454 (Jan. 27, 2022) (codified at 31 C.F.R. pt. 35).
(g) "Fund" means the eighty-five million
				dollars ($85,000,000.00) appropriated to the Board for "HHS Capital
				Construction" by 2022 Wyo. Sess. Laws Ch. 50, §
									2 from the State and Local Fiscal Recovery
				Fund. The Fund is divided into two categories:
(i) "Broad-Eligibility Funds" means the
				sixty-three million dollars ($63,000,000.00) from the Fund available for any
				qualifying project; and
(ii)
				"Narrow-Eligibility Funds" means the twenty-two million dollars
				($22,000,000.00) from the Fund available only to certain applicants specified
				in §
										4(d) of this
				Chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-3 - General Policy

Current through July 13, 2024
The Board shall award grants from the fund under the
				  provisions of this Chapter in accordance with ARPA and 2022 Wyo. Sess. Laws Ch.
				  50 and in such a manner and to such applicants as shall, in the judgment of the
				  Board, inure to the greatest benefit of the citizens of the state and represent
				  a prudent use of the Fund.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-4 - Award of Funds

Current through July 13, 2024
(a) The Board may
				award grants from the Fund.
(b)
				Grants awarded from this Chapter may only be used to cover costs:
(i) Incurred during the period beginning on
				March 3, 2021, and ending on December 31, 2024;
(ii) Incurred as a part of a Qualifying
				Project; and
(iii) Meet all
				applicable requirements contained in ARPA and the Final Rule.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-5 - Eligible Applicants

Current through July 13, 2024
(a) To be an
				eligible entity for a grant under this Chapter:
(i) The applicant must be legally formed and
				approved prior to submitting an application; and
(ii) The applicant must be in compliance with
				all applicable reporting requirements with the Wyoming Department of Audit,
				Wyoming Department of Revenue, Wyoming Department of Family Services, and
				Wyoming Department of Health prior to its application being considered by the
				Board.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-6 - ARPA Eligibility Justification

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-8 - Ineligible Project Expenses

Current through July 13, 2024
(a) Ineligible
				Project Costs. The following is a non-exclusive list of project costs
				ineligible for reimbursement from the Funds:
(i) Revenue replacement;
(ii) Debt service and replenishment of rainy
				day funds;
(iii) Satisfaction of
				settlements and judgments;
(iv) Any
				use that disregards or violates federal conflict of interest requirements, or
				other federal, state, and local laws and regulations;
(v) Damages covered by insurance;
(vi) Payroll or benefits expenses for
				employees whose work duties are not substantially dedicated to mitigating or
				responding to the COVID-19 public health emergency;
(vii) Expenses that have been or will be
				reimbursed under any federal program, such as the reimbursement by the federal
				government pursuant to ARPA or repayment of federal loans;
(viii) Costs incurred prior to March 3,
				2021;
(ix) Any expense that is
				ineligible under ARPA or the Final Rule;
(x) Reimbursement to donors for donated items
				or services;
(xi) Workforce bonuses
				other than hazard pay or overtime;
(xii) Severance pay;
(xiii) Legal settlements;
(xiv) Prepayment on contracts;
(xv) Costs for tap fees, sewer and water
				fees, and plant investment fees;
(xvi) All non-cash costs;
(xvii) Costs for preparation or presentation
				of applications;
(xviii) Costs for
				transportation, meals and lodging and incidentals incurred anywhere away from
				the site of the project or that exceed the current federal per diem
				reimbursement rate;
(xix) Costs
				related to issuance of bonds;
(xx)
				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;
(xxi) Costs to establish
				and form special districts or joint powers boards;
(xxii) Costs for a contingency or extra work
				allowance in excess of ten percent (10%) of estimated construction
				costs;
(xxiii) Costs of
				elections;
(xxiv) Costs associated
				with the applicant's equipment;
(xxv) Legal costs unless pre-approved by
				OSLI;
(xxvi) Markups by
				engineers/architects of sub-consultant and other outside charges; and
(xxvii) Retirement of debt.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-9 - Match Requirements

Current through July 13, 2024
(a) Applicants
				shall provide fifty percent (50%) match funding for the total project cost,
				unless modified by the Board pursuant to subsection (b) this Section. Match
				funding may come from any source that may legally serve as a match for the
				Board's funds.
(i) Applicants must have all
				match funding committed and verified by the Office before the Office may
				disburse any grant funds.
(ii) The
				Board may conditionally award grants to applicants that do not have all match
				funding committed by the date of the grant award. Applicants shall raise the
				required match funding prior to receiving any disbursements. If applicants fail
				to raise the required match funding in accordance with the schedule provided in
				this Paragraph, the grant shall be considered forfeited and all grant funding
				shall revert to the Office.
(A) No later than
				six (6) months from the date of award, the grantee shall have thirty-three
				percent (33%) of the required match funding committed to the project;
(B) No later than one (1) year from the date
				of award, the grantee shall have sixty-six percent (66%) of the required match
				funding committed to the project;
(C) No later than December 31, 2023, the
				grantee shall have the full amount of the required grant funding committed to
				the project.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-10 - Evaluation of Applications

Current through July 13, 2024
(a) Criteria. The
				Board shall evaluate applications utilizing the following criteria:
(i) Whether the project is an appropriate use
				of the Fund and in compliance with all applicable state and federal laws,
				rules, and regulations;
(ii) The
				applicant's financial ability to assist in funding the project and to support
				the project in the future to ensure the continued operation and investment into
				the project for the foreseeable future;
(iii) The source, amount and status of match
				funding;
(iv) The applicant's
				historical investments into capital assets;
(v) The current available healthcare
				facilities in the relevant community;
(vi) The impact of COVID-19 on the
				populations served by the applicant;
(vii) The amount of grant funding received by
				the applicant related to the COVID-19 pandemic and how those funds were spent;
				and
(viii) The applicant's timeline
				to expend all grant funds.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-11 - Board Consideration

Current through July 13, 2024
The Board shall consider each application, allow for comments
				  from the applicant and from the Director, and establish the maximum amount of
				  the grant, if any. The Board may limit comment time at the discretion of the
				  Chair.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-12 - Fund Disbursement and Administration

Current through July 13, 2024
(a) Fund
				Disbursement. Funds shall be disbursed to the applicant only as needed to
				discharge obligations incurred in accordance with the Board approved project
				costs. Requests for disbursements shall be made on a form supplied by the
				Office and supported by adequate proof that such obligations have been incurred
				for project purposes and are due and owing. From the time the project commences
				to the completion of the project, requests shall be submitted for reimbursement
				no more frequently than once a month and not less than quarterly.
(b) Fund Reversion. Any grant funds that have
				not been obligated by October 1, 2024 shall be deemed rejected by the recipient
				and shall revert to the Office. All requests for reimbursement for eligible
				expenses must be received by the Office no later than October 1, 2026. Any
				unused portions of the grants awarded pursuant to this Chapter shall revert to
				the US Department of the Treasury on December 31, 2026 whether or not the
				project is completed and all eligible expenses have been requested for
				reimbursement.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 40 - HEALTH AND HUMAN SERVICES CAPITAL CONSTRUCTION ARPA GRANTS › Section 40-14 - Audits and Inspections

Current through July 13, 2024
(a) The Board may,
				at its expense, conduct an audit of the records of the applicant.
(b) The applicant shall allow the Federal
				and/or state government to conduct an audit of the records related to the
				expenditure of moneys from the Fund.
(c) The applicant shall comply with any
				applicable requirements of the Single Audit Act or other federal reporting and
				audit requirements. If seven hundred fifty thousand dollars ($750,000.00) or
				more is disbursed in any given year, an audit must be completed in accordance
				with 31 C.F.R. Part 200, Subpart F.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-1 - Authority

Current through July 13, 2024
This Chapter is adopted pursuant to 2022 Wyoming Session Laws
				  Ch. 50, §§
									2, FN 18; 3(d).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-2 - Definitions

Current through July 13, 2024
In addition to the definitions in Chapter 1, as used in this
				  Chapter:
(a) "ARPA" means the federal
				American Rescue Plan Act, Pub. L. 117-2.
(b) "Business Days" means Monday through
				Friday, except for federal or state holidays.
(c) "COVID-19" means as defined in W.S.
				§
									1-1-141(a)(ii).
(d) "Eligible project" means a project
				authorized under 31 C.F.R.
				§
										35.6(e)(1).
(e) "Final Rule" means the Treasury's
				regulations governing the Coronavirus State and Local Fiscal Recovery Funds, 87
				Fed. Reg. 4338-4454 (Jan. 27, 2022) (codified at 31 C.F.R. pt. 35).
(f) "Fund" means the fifty million dollars
				($50,000,000.00) appropriated to the Board for eligible water and sewer
				projects by 2022 Wyo. Sess. Laws Ch. 50, §
									2 from the State and Local Fiscal Recovery
				Fund.
(g) "Incurred." A cost has
				been "incurred" when the recipient has incurred an obligation with respect to
				such cost.
(h) "Tribal Councils"
				means the Northern Arapaho Business Council and Eastern Shoshone Business
				Council on the Wind River Reservation. The term "Tribal Councils" does not
				include businesses, not-for-profit organizations, or any other entity owned or
				operated by the tribes or tribal members.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-3 - General Policy

Current through July 13, 2024
The Board may award grants under the provisions of this
				  Chapter in accordance with applicable state and federal law and in such a
				  manner and to such applicants as shall, in the judgment of the Board, inure to
				  the greatest benefit of the citizens of the state and represent a prudent use
				  of the Fund.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-4 - Award of Funds

Current through July 13, 2024
(a) The Board may
				award grants from the Fund.
(b) The
				Office shall only disburse awarded funds to reimburse applicants for eligible
				expenses from projects approved by the Board.
(c) The maximum grant for any single project
				shall be seven million, five hundred thousand dollars
				($7,500,000.00).
(d) All grant
				awards shall be contingent upon a match of funds in a ratio of no more than
				eighty-five cents ($0.85) of grant funds to no less than fifteen cents ($0.15)
				from matching funds provided by the project sponsor.
(i) All match funds shall be committed prior
				to the Board approving a grant under this Chapter.
(ii) An applicant may provide match funds
				from any eligible source. Applicants shall be responsible for ensuring that
				their match funding may legally be used as a match for the purposes of this
				program.
(iii) Loans from the
				Board, including capital construction loans and state revolving fund loans, may
				only be used as match funding for the purposes of this Chapter if the loan has
				been previously awarded and there is an executed loan agreement.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-5 - Eligible Applicants

Current through July 13, 2024
(a) Eligible
				entities.
(i) Cities, towns, counties, and
				special districts providing water and sewer services shall be eligible to apply
				for grants under this Chapter.
(ii)
				The Tribal Councils shall be eligible to apply for grants under this Chapter on
				the same terms as the governmental entities identified in paragraph (i) of this
				subsection. Businesses owned by the Tribes or tribal members shall not be
				eligible for grants under this Chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-6 - Project Eligibility

Current through July 13, 2024
All grants awarded under this Chapter must be eligible under
				  42 U.S.C. §
										802(c)(1)(D) and
				  31 C.F.R. §
									35.6(e)(1).
				  Pursuant to 31 C.F.R. §
										35.5(a), grants awarded from
				  the fund shall only be used to cover costs incurred during the period beginning
				  on March 3, 2021, and ending on December 31, 2024 for an eligible
				  project.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-8 - Ineligible Project Expenses

Current through July 13, 2024
(a) Ineligible
				Project Costs. The following is a non-exclusive list of project costs
				ineligible for reimbursement from the Funds:
(i) Revenue replacement;
(ii) Debt service and replenishment of rainy
				day funds;
(iii) Satisfaction of
				settlements and judgments;
(iv) Any
				use that disregards or violates federal conflict of interest requirements, or
				other federal, state, and local laws and regulations;
(v) Damages covered by insurance;
(vi) Costs incurred prior to March 3,
				2021;
(vii) Payroll or benefit
				expenses;
(viii) Expenses that have
				been or will be reimbursed under any federal program, such as the reimbursement
				by the federal government pursuant to ARPA;
(ix) Any expense that is ineligible under
				ARPA, the final rule, or the guidance;
(x) Reimbursement to donors for donated items
				or services;
(xi) Workforce
				bonuses;
(xii) Severance
				pay;
(xiii) Prepayment on
				contracts;
(xiv) Costs for tap
				fees, sewer and water fees, and plant investment fees;
(xv) All non-cash costs;
(xvi) Costs for preparation or presentation
				of applications;
(xvii) Costs for
				transportation, meals and lodging and incidentals incurred anywhere away from
				the site of the project or that exceed the current federal per diem
				reimbursement rate;
(xviii) Costs
				related to issuance of bonds;
(xix)
				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;
(xx) Costs to establish
				and form special districts or joint powers boards;
(xxi) Costs for a contingency or extra work
				allowance in excess of 10% of estimated construction costs;
(xxii) Costs of elections;
(xxiii) Retirement of debt;
(xxiv) Legal fees unless preapproved by
				OSLI;
(xxv) Costs associated with
				the applicant's equipment; and
(xxvi) Markups by engineers/architects of
				sub-consultant and other outside charges.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-9 - Evaluation Criteria

Current through July 13, 2024
The Board shall evaluate applications utilizing the criteria
				  established in this section.
(a) In
				determining whether to award a grant, the Board shall consider:
(i) Whether the project is an eligible
				expenditure under applicable State and Federal law;
(ii) Whether the project will inure to the
				benefit of the citizens of the state; and
(iii) Whether the project represents a
				prudent use of the fund.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-10 - Board Consideration

Current through July 13, 2024
(a) The Board shall
				consider each application, allow for comments from the applicant and from the
				Director, and establish the maximum amount of the grant, if any. The Board may
				limit comment time at the discretion of the Chair.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-11 - Fund Disbursement and Administration

Current through July 13, 2024
(a) Fund
				Disbursement. Funds shall be disbursed to the applicant only as needed to
				discharge obligations incurred in accordance with the Board approved project
				costs. Requests for disbursements shall be made on a form supplied by the
				Office and supported by adequate proof that such obligations have been incurred
				for project purposes and are due and owing. From the time the project commences
				to the completion of the project, requests shall be submitted for reimbursement
				no more frequently than once a month and not less than quarterly.
(b) Fund Reversion. Any grant funds that have
				not been obligated by October 1, 2024 shall be deemed rejected by the recipient
				and shall revert to the Office. All requests for reimbursement for eligible
				expenses must be received by the Office no later than October 1, 2026. Any
				unused portions of the grants awarded pursuant to this Chapter shall revert to
				the US Department of the Treasury on December 31, 2026 whether or not the
				project is completed and all eligible expenses have been requested for
				reimbursement.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 41 - WATER AND SEWER ARPA GRANTS › Section 41-13 - Audits and Inspections

Current through July 13, 2024
(a) The Board may,
				at its expense, conduct an audit of the records of the applicant.
(b) The applicant shall allow the Federal
				and/or state government to conduct an audit of the records related to the
				expenditure of moneys from the Fund.
(c) The applicant shall comply with the
				Single Audit Act. If seven hundred fifty thousand dollars ($750,000.00) or more
				is disbursed in any given year, an audit must be completed in accordance with
				31 C.F.R. Part 200, Subpart F.