reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-9 - Post Award Due Diligence

Current through July 13, 2024
(a) Applicants
				awarded loans under this Chapter must be diligent in moving projects quickly
				from engineering and design to bid to contract to construction. Time is of the
				essence. Successful loan applicants must demonstrate their post award due
				diligence in monthly reports to the Director, received no later than the first
				(1st) day of each month following the month of loan
				award until such time as the project is under contract or commences
				construction. At a minimum these reports shall detail the steps a successful
				loan applicant has undertaken to move its project to contract or
				construction.
(b) In addition to
				the reporting requirements set forth is subsection (a) applicants will also
				submit reports as required by the Office and USEPA until their loan is
				closed.
(c) The Board reserves the
				right to cancel any previously awarded loans and/or principal forgiveness for
				lack of post award due diligence prior to January 1, 2010. Previously awarded
				loans and/or principal forgiveness under this Chapter are automatically
				relinquished on January 1, 2010 for projects not under contract or
				construction. Relinquishment of funding under this subsection is necessary to
				provide the Board time to award relinquished funding before the federal
				government deobligates Wyoming's capitalization grants on February 17, 2010.
				Such federal action would also preclude the State from sharing in a in a
				nationwide pool of deobligated funds.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-10 - Repayment

Current through July 13, 2024
(a) Annual payments for all loans shall begin
				one year after substantial completion of the project as indicated in the final
				project contract.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-11 - Disbursement of Loan Proceeds

Current through July 13, 2024
(a) Loan proceeds
				shall be disbursed in minimum draws of $1,000. Requests for reimbursement 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 federal guidelines following review by the Office, DEQ and
				WDO.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-12 - Audits and Inspections

Current through July 13, 2024
(a) The Board shall
				require records of loan recipients be audited annually by an independent
				accountant which may be part of the annual financial audit. The Board shall
				ensure compliance with the provisions of the federal Single Audit Act, 1996
				Amendments and Office of Management and Budget (OMB) Circular A-133. The Board
				or its designee shall be allowed access by loan recipient to inspect the
				construction and operation of the project. Loan recipients shall maintain
				project accounts in accordance with generally accepted government accounting
				standards.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-13 - Reports

Current through July 13, 2024
(a) The Director, or designee, shall review
				all reports prepared by the Office, DEQ and WDO for submission to the
				USEPA.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-14 - Funds Reserved

Current through July 13, 2024
(a) Four percent
				(4%) of the federal capitalization grant may be reserved to pay administrative
				costs of this program incurred by the Office and WDO. Any such reservation of
				funds shall be deposited into the Administrative Account.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-15 - Program Compliance

Current through July 13, 2024
(a) The Board shall
				administer funding under this Chapter in accordance with all applicable federal
				laws and regulations. In addition to the specific requirements contained in the
				American Recovery and Reinvestment Act of 2009 the Act also contains two (2)
				general provisions as follows:
1) Prevailing
				wage requirements per the Davis-Bacon Act apply to loans and principal
				forgiveness for projects awarded funding under this Chapter; and
2) All applicants receiving funding under
				this Chapter must verify that all iron, steel and manufactured goods used in
				their projects were manufactured in the United States unless a waiver is
				obtained from USEPA.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 31 - DRINKING WATER STATE REVOLVING FUND (DWSRF) › Section 31-16 - Fee Waiver

Current through July 13, 2024
(a) Administrative
				fees authorized by W. S.16-l-303(d) are waived for loans awarded by the Board
				under this Chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 32 - CAPITAL IMPROVEMENT PROJECTS - COUNTYWIDE CONSENSUS LIST AWARDS (BLOCK ALLOCATIONS) › Section 32-1 - Authority

Current through July 13, 2024
This chapter is adopted pursuant to Session Laws of Wyoming
				  2011, Chapter 88, Section 342, Session Laws of Wyoming 2012, Chapter 26,
				  Section 324 and Session Laws of Wyoming 2014, Chapter 26, Section
				  316.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 32 - CAPITAL IMPROVEMENT PROJECTS - COUNTYWIDE CONSENSUS LIST AWARDS (BLOCK ALLOCATIONS) › Section 32-3 - General Policy

Current through July 13, 2024
The Board shall award grants for projects under the
				  provisions of this chapter based on certified county-wide consensus lists and
				  funding availability for the benefit of the citizens of the
				  state.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 32 - CAPITAL IMPROVEMENT PROJECTS - COUNTYWIDE CONSENSUS LIST AWARDS (BLOCK ALLOCATIONS) › Section 32-4 - Grant Eligibility

Current through July 13, 2024
(a) Applicants.
				Incorporated cities and towns, counties, special districts and joint powers
				boards shall be eligible to apply for grants under this chapter provided the
				applicant is an "eligible applicant" as defined in Section
				2(e). If the applicant is
				a special district or joint powers board, it must be legally formed and
				approved and otherwise in compliance with statutory requirements of the Wyoming
				Department of Revenue prior to receiving a grant award under this chapter. 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) Ineligible Project
				Costs. The following project costs shall be ineligible for reimbursement from
				grant.
(i) Costs for any asset that is 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 land, labor, materials, equipment, and services provided by the
				applicant, and used for project purposes based on actual, appraised or market
				value;
(v) Costs for preparation or
				presentation of grant or loan applications for any source of funding;
(vi) Costs of tools and furnishings for
				capital projects, including but not limited to, capital equipment, hammers,
				furniture, drapes and blinds not integral to and necessary for the
				project;
(vii) Legal
				fees;
(viii) Costs related to
				issuance of bonds;
(ix) 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;
(x) Costs to establish and form special
				districts or joint powers boards;
(xi) Costs incurred prior to grant award,
				except costs for architectural and engineering design or in emergency
				situations;
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 32 - CAPITAL IMPROVEMENT PROJECTS - COUNTYWIDE CONSENSUS LIST AWARDS (BLOCK ALLOCATIONS) › Section 32-6 - Board Consideration

Current through July 13, 2024
The Board shall consider each eligible county's consensus
				  list, allow for comments from the owner of the project and from the Director.
				  The Board will establish the maximum award for each eligible county for each
				  project on each eligible county's consensus list.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 32 - CAPITAL IMPROVEMENT PROJECTS - COUNTYWIDE CONSENSUS LIST AWARDS (BLOCK ALLOCATIONS) › Section 32-7 - Grant Disbursement and Administration

Current through July 13, 2024
(a)
				Grant Disbursement. Each individual project is subject to the requirements of
				this section. Grant funds for eligible project costs shall be disbursed to the
				applicant only as needed to discharge obligations. 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.
(b) The minimum grant
				disbursement shall be One Thousand dollars ($1,000.00) unless it is the final
				disbursement of grant funds for the project.
(c) Fund Reversion.
(i) If the Director determines that the
				project is complete, but the full amount of the grant has not been expended,
				the Office shall notify the grantee of this determination. Thirty (30) days
				following the notification, the unused portion of the grant shall be
				reallocated to the countywide consensus process for that county.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 32 - CAPITAL IMPROVEMENT PROJECTS - COUNTYWIDE CONSENSUS LIST AWARDS (BLOCK ALLOCATIONS) › Section 32-8 - Audits and Inspections

Current through July 13, 2024
Each individual project is subject to the requirements of
				  this section. The Board may, at its expense, conduct an audit of the records of
				  the applicant 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 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-1 - Authority

Current through July 13, 2024
This chapter is adopted pursuant to
				  W.S.
				  9-16-101 through W.S. W.S.
				  W.S.
				  9-16-103 and Session Laws of Wyoming 2011,
				  Chapter 191.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Board" means the State Loan and
				Investment Board.
(b) "Director"
				means the Director of the Office of State Lands and Investments.
(c) "Office" means the Office of State Lands
				and Investments.
(d) "Eligible
				project costs" means total project cost, less ineligible project
				costs.
(e) "Energy development"
				means oil and gas development.
(f)
				"Energy impacted counties" means counties that the Board determines to be
				impacted by energy development in the Niobrara or similar formations. Counties
				included in this definition are: Campbell, Converse, Goshen, Hot Springs,
				Laramie, Natrona, Niobrara, Park, Platte and Washakie. In awarding grants, the
				Board shall consider (1) whether the county's total proposed energy impacted
				road project(s) exceed fifteen percent (15%) of the average total annual county
				expenditures for its road and bridge maintenance and construction expenditures
				for the preceding five (5) years; (2) whether the county has demonstrated that
				it has pursued alternative methods of funding including cost sharing from
				private sources; and (3) that the grant funds will not supplant existing
				funding levels from traditional sources.
(g) Energy impacted county road means a
				county dedicated and maintained road serving a site or sites, on which energy
				development has occurred, which requires construction, reconstruction,
				rehabilitation or expansion as a result of energy development as determined by
				the Board.
(h) Road includes:
(A) Bridges and culverts;
(B) Rights of way; and
(C) Purchase of land to complete a county
				road and bridge project.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-3 - General Policy

Current through July 13, 2024
(a) The Board shall
				receive applications for program eligibility determination under the provisions
				of this chapter on an annual basis. After review of the applications, the Board
				shall as soon as practical notify the counties of its determination. Energy
				impacted counties shall remain eligible for grants under the program until the
				county no longer qualifies as determined by the Board.
(b) The Board shall award grants under the
				provisions of this chapter 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 grant funds to address the impacts of
				energy development in the Niobrara and similar formations in the
				state.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-4 - Maximum Grant Award Percentage

Current through July 13, 2024
No one county may be eligible to receive an amount in excess
				  of forty percent (40%) of the total funds available at the beginning of the
				  state's fiscal year, without unanimous approval of the Board.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-5 - Grant Eligibility

Current through July 13, 2024
(a) Applicants.
				Energy impacted counties, as determined by the Board, shall be eligible to
				apply for grants under this chapter. Each application submitted to the Board
				under the program shall contain only one (1) proposed energy impacted county
				road project.
(b) Purposes. The
				Board may award grants for projects it deems necessary to mitigate the impacts
				of energy development. The Board may award grants to stockpile material for
				energy impacted county roads.
(c)
				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 to hire
				additional county employees.
(ii)
				Engineering fees, including design, inspection and contract administration
				costs, over twenty percent (20%) of project cost;
(iii) 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.
(iv) Costs for transportation, meals and
				lodging incurred anywhere away from the site of the project;
(v) Costs for preparation or presentation of
				grant or loan applications for any source of funding;
(vi) Costs incurred prior to grant award,
				except costs for architectural and engineering design or in emergency
				situations;
(vii) Costs for a
				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 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-6 - Evaluation Criteria

Current through July 13, 2024
(a) Criteria. The
				Board shall evaluate applications utilizing one or more of the following
				criteria:
(i) The extent to which the
				applicant's total proposed energy impacted road projects exceed fifteen percent
				(15%) of the average total annual expenditures for road and bridge maintenance
				and construction expenditures for the preceding five (5) years.
(ii) The extent of funding committed to the
				project from all sources;
(iii)
				Whether the applicant has demonstrated that is has pursued alternative methods
				of funding including cost sharing from private sources;
(iv) Whether the applicant has funding for
				the project from other than state grants;
(v) Whether the project is appropriately
				sized in relation to the population to be served by the project;
(vi) The relative urgency of the
				project;
(vii) Whether the
				applicant is current on all its repayment obligations to the Board;
(viii) The extent to which the applicant is
				utilizing, or plans to utilize, available and qualified Wyoming based
				professional firms and contractors on the project;
(ix) The financial need of the applicant, as
				determined by the Board;
(x) The
				percentage of the applicant's population directly served by the
				project;
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-7 - 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 and the percent of eligible project costs that will be paid by the
				  grant.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-8 - Grant Disbursement and Administration

Current through July 13, 2024
(a)
				Grant Disbursement. Grant funds shall be disbursed to the applicant only as
				needed to discharge obligations incurred in accordance with the Board approved
				percentage split of eligible 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.
(b) The minimum grant
				disbursement shall be Five Hundred dollars ($500.00) unless it is the final
				disbursement of grant funds for the project.
(c) Fund Reversion.
(i) If the Director determines that the
				project has not been commenced within one (1) year from the date the grant is
				approved, the grant will automatically expire. Based upon information supplied
				by the grantee, the Director may grant an extension of time in which to
				commence the project.
(ii) If the
				Director determines that the project has not been completed within a reasonable
				time, the Director shall notify the grantee in writing at least thirty (30)
				days prior to presenting the matter for Board review. The Board, upon review of
				the project circumstances, may terminate or modify the grant award.
(iii) If the Director determines that the
				project is complete, but the full amount of the grant has not been expended,
				the Office shall notify the grantee of this determination. Thirty (30) days
				following the notification, the unused portion of the grant or loan shall
				revert to uncommitted status.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 33 - ENERGY IMPACTED COUNTY ROADS PROGRAM GRANTS › Section 33-9 - Audits and Inspections

Current through July 13, 2024
The Board may, at its expense, conduct an audit of the
				  records of the applicant 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 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-1 - Authority

Current through July 13, 2024
(a) These Rules and Regulations of the State
				Loan and Investment Board are adopted pursuant to Wyoming Statutes 11
				-34-103(a) and 11 -34-306. This Chapter only pertains to hydro-power
				development loans.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Board" means the State Loan and
				Investment Board.
(b) "Borrower"
				means an applicant for a loan for a hydro-power development project; borrowers
				may include any entity that is a legal subdivision of the state of
				Wyoming.
(c) "Director" means the
				Director of the Office of State Lands and Investments.
(d) "Office" means the Office of State Lands
				and Investments.
(e) "WWDO" means
				the Wyoming Water Development Office.
(f) "Hydro-power development project" means a
				project for development and use of energy generated by water flowing through
				hydro-turbines.
(g)
				"Municipalities" means incorporated towns and cities in Wyoming.
(h) "Special district" means irrigation,
				water, improvement and service, and water and sewer districts.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-3 - Purpose

Current through July 13, 2024
(a) The Board may make loans to
				municipalities, irrigation districts and special districts duly organized in
				this state, all hereinafter referred to as the borrower, to finance the
				construction of hydro-power development projects.
(b) The Board shall extend loans under the
				provisions of this chapter 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 loan funds.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-4 - Eligible Applicants

Current through July 13, 2024
(a) Applicants.
				Municipalities and special districts in Wyoming shall be eligible applicants
				for loans under this Chapter. If the applicant is a special district, it must
				be legally formed and approved prior to submitting an application. An applicant
				must be in compliance with all applicable reporting requirements with the State
				Loan and Investment Board, Wyoming Department of Audit and with the Department
				of Revenue 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 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-5 - Application Procedure

Current through July 13, 2024
(a) Applications.
				Applicants shall submit separate applications for each project. Applicants
				shall submit a completed application on a form provided by the
				Office.
(b) All loan applications
				shall be accompanied by the feasibility study completed by the Wyoming water
				development commission created by
				W.S.
				41-2-117.
(c) Timing of Board Consideration. The Board
				may consider applications for loans under this Chapter at any official meeting
				of the Board.
(d) Preliminary
				Review. Within forty-five (45) days of receipt of any application, the Director
				shall notify the applicant, in writing, if the application lacks any of the
				information required.
(e)
				Incomplete Applications. Incomplete applications shall not be presented to the
				Board for consideration.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-6 - Evaluation

Current through July 13, 2024
(a) All applications will be reviewed and
				evaluated based upon:
(i) All credit factors
				including, but not limited to, repayment ability, financial strength and
				stability, and adequacy of security offered.
(ii) The sufficiency of the water supply and
				the engineering and economic feasibility of the project. Advice from the WWDO,
				State Engineer, other State or Federal Agencies and/or individuals will be used
				as deemed appropriate;
(iii)
				Whether the applicant is current on all its repayment obligations to the
				Board;
(iv) Whether the applicant's
				dedicated source of revenue will be sufficient to provide security to repay the
				loan;
(v) Whether the applicant is
				ready to proceed with construction or implementation of the project;
				and
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-7 - Loan Terms

Current through July 13, 2024
(a) Interest rates
				shall be pursuant to Chapter 14 of the rules as established by the Board. In no
				event shall the rate be less than 4% or greater than 6%.
(b) The term of the loan shall not exceed
				Thirty (30) years and may be for a shorter term as determined by financial
				strength, repayment ability, security, and other factors.
(c) Loans shall be repaid in annual
				installments. However, upon application of the borrower, the Board may provide
				for interest only during any period in which the governor has declared that a
				drought or other emergency exists in the state. Once the emergency is declared
				to be over, repayment is to be according to the original note. The loan
				maturity date will remain the same.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-8 - Security

Current through July 13, 2024
(a) The Board shall require such security as
				it deems advisable. Security for loans may include, but is not limited to, the
				pledge and assignment of designated special property assessments within a
				district, the pledge and assignment of user fees, the pledge and assignment of
				hydro-power generated revenue, and/or first lien on equipment and
				fixtures.
(b) Appraisals of offered
				security will be done by staff appraisers from the Office.
(c) Every loan will be evidenced by a
				promissory note for the principal sum of the loan signed by the
				borrower(s).
(d) The loan agreement
				shall provide a legal right of access to the Board and its agents for the
				purposes of inspection, maintenance, inventory, retrieval of personal property
				and fixtures, and foreclosure proceedings. Such right shall be assignable to
				the purchaser at any foreclosure sale.
(e) All loan documents including, but not
				limited to, notes, mortgage deeds, and security instruments shall be executed
				in the form and manner acceptable to the Wyoming Attorney General.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-9 - Disbursement of Loan Proceeds

Current through July 13, 2024
(a) Requests for
				reimbursement shall be submitted on a Loan Draft Request form provided by the
				Office. Requests for disbursements shall only be for eligible project costs
				which have been incurred and shall be subject to review by the Office and
				WWDO.
(b) 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 funding;
(iv) All
				non-cash costs except land which is integral to the hydro-power process 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. Lands costs not
				defined in the application will be ineligible for reimbursement;
(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 of tools, supplies and
				furnishings for capital projects not included in WWDO approved construction
				contract documents, including but not limited to, capital equipment, hammers,
				tanks, tools, furniture, drapes, blinds, file cabinets, file folders and survey
				stakes;
(viii) Legal fees, except
				as pre-approved by the Office and WWDO;
(ix) Costs related to the issuance of
				bonds;
(x) Costs of
				elections;
(xi) Costs to establish
				and form districts;
(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 the Office and WWDO;
(xiv) Lump
				sum contracts unless approved by the Office and WWDO; and
(xv) Costs for meals and incidental expenses
				in excess of federal per diem rates.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-10 - Audits and Inspections

Current through July 13, 2024
(a) The Board shall
				ensure compliance with the provisions of the Federal Single Audit Act, 1966
				Amendments and Office of Management and Budget (OMB) Circular A-133. On an
				annual basis records of loan recipients shall be, at a minimum, compiled by an
				independent accounting firm. Notification of compliance shall be made to the
				Board in the form of a Compilation, Review, or Audited Financial Statement
				prepared by an independent accounting firm. On an annual basis, recipients
				receiving five hundred thousand dollars ($500,000) or more in federal funds in
				any fiscal year shall have their records audited by an independent accounting
				firm. Notification of compliance shall be made to the Board in the form of an
				Audited Financial Statement. The Board may, at its expense, conduct an
				independent audit of the loan recipient's records and inspect the construction
				and operation of the project. Loan recipients shall maintain project accounts
				in accordance with Generally Accepted Accounting Principals (GAAP).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-11 - Defaults

Current through July 13, 2024
(a) If an annual payment is not received
				within thirty (30) days following the due date, the Office shall immediately
				notify the borrower of the default.
(b) If the borrower does not submit payment
				to the Board within thirty (30) days after the default notice, the Board will
				immediately initiate foreclosure on the defaulted loan.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 34 - HYDRO-POWER DEVELOPMENT PROJECT LOANS › Section 34-12 - Fees

Current through July 13, 2024
(a) A fee of one percent (1 %) of each loan
				made shall be paid by the borrower to the Board. Such fee is to be credited to
				the loss reserve account as proved by
				W.S.
				11-34-202(e).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-1 - In General

Current through July 13, 2024
(a) Authority: This
				chapter is adopted pursuant to
				W.S.
				35-11-530.
(b) Applicability: The rules shall apply to
				any municipal solid waste facility operator.
(c) Objective: The objective of these rules
				and regulations is to provide grants and loans from the municipal solid waste
				facilities cease and transfer accounts for cease and transfer activities as
				provided in W.S.
				W.S.
				35-11-528,
				35-11-529 and
				35-11-530.
(d) Definitions:
(i) "Board" means the State Loan and
				Investment Board.
(ii) "DEQ" means
				the Wyoming Department of Environmental Quality.
(iii) "Office" means the Office of State
				Lands and Investments.
(iv) Refer
				to Chapter 1, of the Wyoming Department of Environmental Quality, Solid Waste
				Rules and Regulations for definitions of the following: closure, facility,
				municipal solid waste, and operator.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-2 - Program Eligibility

Current through July 13, 2024
To be eligible for funding under the program, the applicant
				  shall:
(a) Meet the eligibility
				criteria set forth in
				W.S.
				35-11-528(d); and
(b) Be in compliance with all applicable
				reporting requirements with the Wyoming Department of Audit and Wyoming
				Department of Revenue 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 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-5 - Grant and Loan Prioritization

Current through July 13, 2024
Grants and/or loans shall be prioritized based on the
				  criteria in
				  W.S.
				  35-11-530(a)(iv).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-6 - Loan Terms

Current through July 13, 2024
(a) Interest rates
				for loans made under this chapter may be at zero percent, up to an annual
				interest rate equal to the average prime interest rate as determined by
				W.S.
				35-11-528(e). In no event,
				shall the interest rate exceed an annual interest rate equal to the average
				prime interest rate as determined by the state treasurer. Interest rates
				established under this section shall be adjusted on January 1 of each
				year.
(b) Interest rates shall be
				established in recognition of the repayment abilities and needs of the
				applicant eligible for loans under the program.
(c) Loan amortization schedules, terms and
				conditions for each loan approved shall be based on the criteria in W.S. W.S.
				W.S.
				35-11-528(e).
(d) The term of the loan shall not exceed
				thirty (30) years or the useful life of the project, whichever is less, and may
				be for a shorter term as determined by financial strength, repayment ability,
				security and other factors.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-7 - Security

Current through July 13, 2024
(a) The Board shall
				require such security as it deems advisable. Security for loans may include,
				but is not limited to, the pledge and assignment of designated special property
				assessments within a district, the pledge and assignment of user fees, the
				pledge and assignment of transfer station generated revenue, and/or a first
				lien on equipment and fixtures.
(b)
				Appraisals of offered security will be completed by staff appraisers from the
				Office.
(c) Every loan will be
				evidenced by a promissory note for the principal sum of the loan signed by the
				borrower(s).
(d) The loan agreement
				shall provide a legal right of access to the Board and its agents for the
				purposes of inspection, maintenance, inventory, retrieval of personal property
				and fixtures, and foreclosure proceedings. Such right shall be assignable to
				the purchaser at any foreclosure sale.
(e) All loan documents including, but not
				limited to, notes, mortgage deeds, and security instruments shall be executed
				in the form and manner acceptable to the Wyoming Attorney General's
				Office.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-8 - State Loan and Investment Board Actions

Current through July 13, 2024
(a) After DEQ
				approves a recommendation for an application, the loan and/or grant application
				package, containing all items described in Section
				4 above, shall be forwarded to the Office
				for Board consideration at its next regularly scheduled meeting. This package
				shall include a report from DEQ stating its recommendation regarding the
				applicant's loan request. All items required in Sections
				2 -
				5 of these rules shall be addressed in the
				report.
(b) Upon approval by the
				Board, documents shall be prepared for execution of the agreements necessary
				for the loan and/or grant to be made to the applicant.
(c) Grant and/or loan funding shall be
				awarded in accordance with
				W.S.
				35-11-528(d) and
				(h).
(d) Participation in the program shall not
				restrict funding for a municipal solid waste facility from any other program
				created or supported by the state, including, but not limited to, any other
				program under the authority of and administered by the Board.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-9 - Disbursement of Loan Proceeds

Current through July 13, 2024
Requests for disbursements shall be submitted on a form
				  provided by the Office 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 following
				  review by the Office and DEQ.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 35 - MUNICIPAL SOLID WASTE FACILITIES CEASE AND TRANSFER LOAN AND GRANT PROGRAM › Section 35-10 - Audits and Inspections

Current through July 13, 2024
The DEQ or Board may, at their expense, conduct an audit of
				  the records of the applicant 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 36 - AERONAUTICS LOAN PROGRAM › Section 36-1 - AUTHORITY AND PURPOSE

Current through July 13, 2024
These rules and regulations are adopted pursuant to
				  W.S.
				  9-12-703(e) to administer
				  the Wyoming Aeronautics Commission Loan Program.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-2 - Definitions

Current through July 13, 2024
(a) "Administrator" means the Administrator
				of the Wyoming Department of Transportation (WYDOT) Aeronautics
				Division.
(b) "Commission" means
				the Wyoming Aeronautics Commission.
(c) "Division" means the WYDOT Aeronautics
				Division.
(d) "Board" means the
				State Loan and Investment Board.
(e) "Office" means the Office of State Lands
				and Investments.
(f) "Director"
				means the Director of the Office of State Lands and Investments.
(g) "Revenue-generating facilities" means
				facilities owned by the applicant that generate revenue from user fees or
				assessments paid by the beneficiaries of the facilities.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-3 - General Policy

Current through July 13, 2024
The Board shall extend loans under the provisions of these
				  rules and regulations in such a manner and to such applicants as shall, in the
				  Board's judgment, create the greatest benefit for the state's citizens and
				  represent a prudent use of loan funds.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-4 - Loan Eligibility

Current through July 13, 2024
(a) Applicants.
				Wyoming counties, cities and towns, and joint powers boards specifically
				involved in providing governing authority over airports and empowered pursuant
				to W.S.
				10-5-101 through W.S. W.S.
				W.S.
				10-5-204 shall be eligible to apply for loans
				under these rules and regulations. Joint powers boards applying for loans shall
				be legally formed and approved before applying.
(b) Purposes. Loans may be extended to
				public-use airports for construction, development, and improvement of airport
				facilities generating user fees, except that no loans shall be extended for
				fuel system or fuel tank removal or for asbestos removal.
(c) 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) 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;
(iv) Costs for preparation or presentation of
				grant or loan applications for any source of funding;
(v) Costs for transportation, meals and
				lodging incurred anywhere away from the site of the project;
(vi) Costs of tools, supplies and furnishings
				for capital projects not included in the approved construction contract
				documents, including but not limited to, capital equipment, hammers, tools,
				furniture, drapes, blinds, file cabinets, file folders and survey
				stakes;
(vii) Legal fees, except as
				pre-approved by the Office and Division;
(viii) Costs related to the issuance of
				bonds;
(ix) Costs of
				elections;
(x) Costs to establish
				and form special districts or joint powers boards;
(xi) Costs incurred prior to loan award,
				except costs incurred for architectural and engineering design, surveying,
				state environmental review process (SERP) requirements, site investigations
				(such as geotech) or in emergency circumstances;
(xii) Costs for change orders not approved by
				the Office and Division;
(xiii)
				Lump sum contracts unless approved by the Office and Division;
(xiv) Costs for meals and incidental expenses
				in excess of federal per diem rates;
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-5 - Application Procedure

Current through July 13, 2024
(a) Applications.
				Separate applications shall be prepared for each project. Applicants shall
				submit 3 copies of their completed application to the Division.
(b) Timing. The Division shall receive
				properly executed loan applications for loans under this chapter at least 15
				working days before the next regular Aeronautics Commission meeting.
(c) Information Required. A properly executed
				loan application shall be submitted. The Division shall provide the applicant
				with the application forms. The following items shall be provided in the
				application package:
(i) A full description
				of the proposed project, including a licensed engineer's statement of
				feasibility for the project, if applicable.
(ii) The loan amount requested and the
				proposed source of repayment.
(iii)
				A description of other project funding sources committed and the anticipated
				portion of the project cost to be funded from each source, including any future
				loan applications under this chapter. A copy of the funding commitment from
				other participants shall be provided if requested by the Commission.
(iv) Most recent audit of financial
				statements. If applicant does not have audited financial statements, a current
				balance sheet and income statement must be provided.
(v) If requested by the Commission, a copy of
				the joint powers agreement approved by the Attorney General and a copy of the
				certificate of organization filed with the Secretary of State.
(vi) A list of sources for repayment of this
				loan, including amounts to be used for this purpose and, if applicable, letters
				of commitment from prospective lessees to assist in establishing the estimated
				utilization factor and in calculating repayment capability.
(vii) Other applicable information the
				Commission deems reasonable, prudent, and necessary.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-6 - Evaluation

Current through July 13, 2024
(a) Criteria. The Division shall evaluate the
				applications, and the Administrator shall formulate a recommendation to the
				Commission using the following criteria:
(i)
				Whether the user fees or assessments generated by the project will be
				sufficient to justify the loan as a reasonable and prudent investment of state
				funds,
(ii) Whether the proposed
				project is eligible for the Aeronautics Commission Loan Program,
(iii) Whether the proposed project is in
				compliance with the current Division accepted Airport Layout Plan and the
				overall development of the airport,
(iv) Whether the applicant is meeting any and
				all current and past repayment obligations to the Commission, and
(v) The proposed project's merit in relation
				to the overall state system planning and its usefulness in achieving state
				goals.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 36 - AERONAUTICS LOAN PROGRAM › Section 36-7 - Commission Consideration

Current through July 13, 2024
The Commission shall consider each loan application, allow
				  for comments from the applicant and the Administrator, recommend the loan
				  amount and comment on the appropriateness and nature of the type of security
				  offered for the loan. The Commission shall then recommend approval or
				  disapproval of the loan request to the Board.