Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 28 - UNFUNDED OR PARTIALLY FUNDED LARGE CAPITAL CONSTRUCTION PROJECTS - INDIVIDUAL APPLICATIONS › Section 28-5 - 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 to the Office for grants under this chapter.
				If the applicant is a special district or joint powers board, it must be
				legally formed, approved and otherwise in compliance with statutory
				requirements of the Wyoming Department of Revenue prior to submitting an
				application to receive 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) Minimum Taxation
				Requirements. Pursuant to
				W.S.
				9-4-604 and Laws 2008, Chapter 48, Section
				330(b) the following minimum taxation requirements apply to any applicant for
				funding under this chapter. No grant shall be made by the state loan and
				investment board under this section to any county unless the county imposes at
				least eleven (11) or ninety-one and sixty-seven one-hundredths percent (91.67%)
				of the available mills authorized by article 1 5, section
				5 of the Wyoming constitution, or unless
				the county is imposing the optional sales tax authorized under W.S. W.S.
				W.S.
				39-15-204(a)(i) or (iii). No
				grant shall be made by the state loan and investment board under this section
				to any municipality unless the municipality imposes at least seven (7) or
				eighty-seven and five-tenths percent (87.5%) of the available mills authorized
				by article 15, section
				6 of the Wyoming constitution. No grant
				shall be made by the state loan or investment board under this section to any
				special district or other lawful entity which imposes less than eighty percent
				(80%) of any authorized mill levy. The state loan and investment board may
				waive the taxation requirements imposed by this subsection for good cause shown
				such as other funding sources, but in no case shall the state loan and
				investment board authorize any grant to any municipality under this section
				which does not impose at least two (2) or twenty-five percent (25%) of the
				available mills authorized by article 15, section
				6 of the Wyoming constitution.
(c) Purposes. Pursuant to W.S. W.S.
				W.S.
				9-4-604 and Laws 2008, Chapter 48, Sections
				328(g), 329(g) and 330(b) the Board shall provide capital construction project
				grants to eligible applicants to be used only when the board finds the grant is
				necessary to:
(i) Alleviate an emergency
				situation which poses a direct and immediate threat to public health, safety or
				welfare; or
(ii) Comply with a
				federal or state mandate; or
(iii)
				Provide an essential public service. Essential public services include, but are
				not limited to capital construction, acquisition of capital equipment, public
				safety projects, housing related projects and road repair or construction;
				or
(iv) The project was either
				unfunded or partially funded by the countywide consensus list process in the
				county or counties in which the project is situated pursuant to Laws 2008,
				Chapter 48, Sections 328(g), 329(g) and 330(b); and applicant has documented
				that the project in terms of dollars is the largest dollar project currently
				being considered by applicant and/or that the scope of the project exceeds the
				financial ability of applicant to fund it from other available revenue sources
				including loans from state and federal agencies and private sources.