The Board shall determine how much of the total available funding to allocate under this Chapter. In addition, any unobligated funds that remain from grants awarded under Chapter 21 shall be made available for award under this Chapter.

Section 5. Grant Eligibility.

(a) Applicants. Incorporated cities and towns, counties, special districts and joint powers boards shall be eligible to apply for grants under this chapter upon a showing that the grant is needed to mitigate natural gas development impacts. Any applicant that has received funding under Chapter 21 State Loan and Investment Board rules is not eligible to receive funding under this Chapter, unless it meets the criteria in Section 3. If the applicant is a special district or joint powers board, 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 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 2006, Chapter 35, Section 317(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 15, section 5 of the Wyoming constitution, or unless the county is imposing the optional sales tax authorized under 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 and 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. 9-4-604 and Laws 2006, Chapter 35, Section 317(b), the Board shall provide grants to eligible applicants that are directly impacted by the development of natural gas, 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;

(ii) Comply with a federal or state mandate;

(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.

(d) Maximum Grant Percentage. Pursuant to Laws 2006, Chapter 35, Section 317(b) the Board after considering the applicant’s financial strength may waive or reduce any matching funds required by W.S. 9-4-604. The Board will use the following guidelines to determine appropriate grant percentages.

(i) All eligible applicants are presumed eligible to receive a grant up to 50% of eligible project costs.

(ii) The Board may make grants up to 75% to counties, hospital and fire districts if the board determines that

(A) the county either levied at least eleven (11) mills for operating expenses during the current fiscal year or is imposing the optional tax permitted by W.S. 39-15-204(a)(i) or (iii) at the time of the application and

(B) the county in which the project is located has an assessed valuation equal to or less than two and one-half percent (2.5%) of the State’s total assessed valuation. The Office will use the current annual report from the Wyoming Department of Revenue to determine assessed valuation. The Office will use the current federal census to determine population. If the applicant is a hospital district or fire district it must also levy the maximum mill levy available to the district.

(iii) The Board may award grants up to 75% of the eligible project cost to municipalities if the Board determines that the municipality at the time of application

(A) levied at least seven (7) mills for operating expenses including special district levies chargeable against the general city or town levy during the current fiscal year or is imposing the optional tax permitted by W.S. 39-15-204(a)(i) or (iii) at the time of the application and

(B) has a population of less than 1,300 according to the latest federal census and/or

(C) is located within a county where the three-year average of the local government share of state sales and use tax per capita is less than seventy percent (70%) of the statewide average.

(iv) Waiver or Reduction of match requirements. The Board may reduce or waive the above match requirements after considering the applicant’s financial strength and upon written request from the applicant at the time it makes application. Factors that the Board may consider when reducing or waiving match include but are not limited to the total mills levied against all properties in the jurisdiction of the applicant, the total sales and use tax levy in the county in which the applicant is located, and the ratio of debt to the assessed valuation of the applicant.

(e) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match:

(i) Costs for sidewalks that are owned or maintained by a private property owner;

(ii) Costs for tap fees, sewer and water fees, and plant investment fees;

(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;

(iv) All non-cash costs except:

(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes, valued at reasonable, actual cost; and

(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to the applicant, used for project purposes and valued at reasonable, actual cost.

(v) Costs for preparation or presentation of grant or loan applications for any source of funding;

(vi) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;

(vii) Costs for furnishings;

(viii) Legal fees;

(ix) Costs related to issuance of bonds;

(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;

(xi) Costs to establish and form special districts or joint powers boards;

(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;

(xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs.

Section 6. Application Procedure.

(a) Applications. Separate applications shall be prepared for each project. Applicants shall submit four (4) copies of their completed application to the Office. Applications shall be properly executed by the officers of the applicant.

(b) Timing. The Board shall meet regularly on the third Thursday of each January and June to consider applications for grants under this chapter. Applications for the January grant meeting must be received by the third Thursday of the preceding September. Applications for the June grant meeting must be received by the third Thursday of the preceding February. The Board retains the right to change the above grant meeting dates and/or to schedule a special grant meeting(s) as necessary. Applications for emergency consideration must be received at least twenty (20) working days prior to any regular meeting of the Board.

(c) Renewal of Applications. Applications shall be retained by the Office and may be renewed only by a written request from the applicant received within the time period established in subsection (b) of this section. The following information must be updated to renew an application, an application cover page, a project summary form, a standard resolution authorizing the filing of the application and a financial statement of the applicant, on a uniform "General Financial Information" form if the data contained in the previous "General Financial Information" form is over one year old. If applications are not renewed, they shall be destroyed by the Office.

(d) Information Required for All Applications. The following information shall be provided in all applications:

(i) An application cover page on a form provided by the Office;

(ii) A one-page statement by the applicant indicating how the applicant believes it is directly impacted by the development of natural gas applicant and how the project is needed to mitigate those impacts.

(iii) A project summary on a form provided by the Office;

(iv) The grant amount requested by project type as specified by the Office and percentage of total project costs that the grant would pay;

(v) A full description of the proposed project, specifically including, but not limited to, a phased construction schedule, if applicable;

(vi) A detailed project budget broken into at least six (6) month intervals delineating all costs of the proposed project and the method by which the project costs were estimated;

(vii) A licensed engineer's statement of the feasibility of the project, except for the purchase of emergency vehicles;

(viii) The geographic area and population served directly and indirectly by the project and the percentage of the applicant's population directly served by the project;

(ix) A description of other project funding sources, committed or pending, the portion of the project cost expected to be funded from each source, including any future grant applications under this chapter, and copies of funding commitments from all project funding sources, including the applicant, to demonstrate commitment to the project;

(x) If the applicant is a special district, a copy of the resolution that shows formation of the special district.

(xi) If the applicant is a joint powers board, a copy of the certificate of organization filed with the Secretary of State, and a copy of an executed joint powers agreement approved by the Attorney General;

(xii) A standard resolution authorizing the filing of the application on a form provided by the Office;

(xiii) A financial statement of the applicant, on a uniform "General Financial Information" form provided by the Office;

(xiv) If an applicant submits multiple applications under this chapter for consideration at one meeting, a priority ranking of the multiple applications as established by the applicant;

(xv) If the project is needed to meet federal or state health and safety requirements, documentation of the specific requirements and an explanation of how the project addresses the requirements;

(xvi) For applications submitted by a special district, either standing alone or as a member of a joint powers board, the written review as required by W.S. 9-4-604(h);

(xvii) If the applicant requests a reduction or waiver of the match requirements of Section 5(d) the applicant must submit a written statement that provides the reason(s) the applicant believes a reduction or waiver of the match requirement is warranted. The statement from the applicant shall also provide 1.) the total mills levied against all properties in the jurisdiction of the applicant 2.) the total sales and use tax levy in the county in which the applicant is located 3.) a listing of the applicant’s outstanding long term debt 4.) the specific match requirement the applicant is requesting.

(e) Preliminary Review. Within twenty-five (25) working days of receipt of an application, the Office shall notify the applicant, in writing, if the application lacks any of the items required in Section 6(d). The applicant shall have ten (10) working days to submit the required information. The Office shall make a complete review of the application; if the application is missing any required information applicants shall have ten (10) working days to submit the required information.

(f) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.

Section 7. Evaluation Criteria.

(a) Criteria. The Board shall evaluate applications utilizing the following criteria:

(i) The statement of needs submitted by local government entities as required by Laws 2006, Chapter 35, Section 317(b) (i);

(ii) The extent to which the Board believes the applicant needs the project to mitigate the impacts of natural gas development;

(iii) The extent of match committed to the project from all sources;

(iv) Whether the applicant has made a significant commitment of local resources;

(v) Whether the applicant has matching funds for the project from other than state grants;

(vi) Whether the project is appropriately sized in relation to the population to be served by the project;

(vii) The relative urgency of the project;

RULES AND REGULATIONS

STATE LOAN AND INVESTMENT BOARD

Chapter 21

Mineral Impact Account Grants – Countywide Consensus List Awards

Section 1. Authority.

This chapter is adopted pursuant to W.S. 9‑4‑604 and Laws 2006, Chapter 35, Section 317(b) and Section 318.

Section 2. Definitions.

As used in this chapter:

(a) "Board" means the State Loan and Investment Board.

(b) “Consensus List” means a list of potential project(s) identified by a County Commission to be funded under this Chapter and certified by the County Commission that the County Commission and at least 70% of the incorporated population of the respective county have reached agreement on the project(s) listed.

(c) "County Directly Impacted by Natural Gas Development" means the following counties that the Board has determined are impacted by natural gas development on a countywide basis and the county and eligible applicants located within that county are eligible to submit applications under this Chapter: Carbon, Campbell, Fremont, Johnson, Natrona, Sheridan, Sublette and Sweetwater. The Board used the following criteria to determine countywide natural gas impact: (1) the relative ranking of the number of approved permits to drill oil and/or gas wells for the last 2 calendar years and 2006 year to date; (2) the relative ranking of the percentage increase in gas production from 2000 through 2005; (3) the relative ranking of the percentage increase in mining sector employment from the first quarter 2000 through the first quarter 2005; (4) the relative ranking of the percentage increase in oil/gas field services sales and use tax collections from 2001 through 2005, and (5) the statement of needs submitted by local governmental entities as required by Laws 2006, Chapter 35, Section 317(b).

(d) "Director" means the Director of the Office of State Lands and Investments.

(e) "Eligible Applicant" means a county directly impacted by the development of natural gas, provided the cities, towns and county certify to the Board that the county board of commissioners and the councils of the cities and towns that comprise seventy percent (70%) of the incorporated population within that county have reached agreement on the project(s) for which the grants will be used.

(f) "Eligible Special District" means hospital, fire protection, sanitary and improvement, solid waste disposal, improvement and service, and water and sewer districts.

(g) "Office" means the Office of State Lands and Investments.

Section 3. General Policy.

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.

Section 4. Funding Availability.

The Board shall determine how much of the total available funding to allocate under this Chapter. Any funds not obligated under this Chapter shall be made available for award under Chapter 20, State Loan and Investment Board rules. In no event will the amount of funding available under Laws 2006, Chapter 35, Section 318 exceed $10,000,000. Funds made available through Laws 2006, Chapter 35, Section 318 require a 50% match of eligible project costs. The applicant must prove that a binding commitment or demonstration of cash match from a private source(s) is available to match the grant request. The attorney general shall make the determination as to whether a binding commitment has been received. Cash or binding commitments shall be received not later than April 30, 2008 to be counted as matching funds under this subsection. Any monies authorized by this subsection remaining unexpended or unobligated on June 30, 2008 shall revert to the general fund.

Section 5. Grant Eligibility.

(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 prior to submitting an application.

(b) Purposes. Pursuant to W.S. 9-4-604 and Laws 2006, Chapter 35, Section 317(b) and Section 318, the Board shall provide grants to eligible applicants which are directly impacted by the development of natural gas, 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 health, safety or welfare;

(ii) Comply with a federal or state mandate;

(c) Maximum Grant Percentage. Cumulatively, the consensus list of projects is limited to a 75% grant from this Chapter. Applicants may request individual project grant percentages ranging from no local match to 99% local match. Any applicant that requests a grant in excess of 50% must provide the financial information requested in Section 6(a) and indicate within the “Project Summary” form why a grant in excess of 50% is requested. Pursuant to Laws 2006, Chapter 35, Section 317(b), the Board after considering the applicant’s financial strength may waive or reduce any matching funds required by W.S. 9-4-604. The Board will use the following guidelines to determine appropriate grant percentages.

(i) All eligible applicants are presumed eligible to receive a grant up to 50% of eligible project costs.

(ii) The Board may make grants up to 75% to counties, hospital and fire districts if the board determines that

(iii) The Board may award grants up to 75% of the eligible project cost to municipalities if the Board determines that the municipality at the time of application

(B) has a population of less than 1,300 according to the latest federal census and/or

(C) is located within a county where the three-year average of the local government share of state sales and use tax per capita is less than seventy percent (70%) of the statewide average.

(iv) Waiver or reduction of match requirements. The Board may reduce or waive the above match requirements after considering the applicant’s financial strength and upon written request from the applicant at the time it makes application. Factors that the Board may consider when reducing or waiving match include but are not limited to the total mills levied against all properties in the jurisdiction of the applicant, the total sales and use tax levy in the county in which the applicant is located, and the ratio of debt to the assessed valuation of the applicant. Based on these same factors the Board may also waive the requirement that cumulatively, the consensus list of projects in a county is limited to a 75% maximum grant percentage.

Section 6. Application Procedure.

(a) Applications and Timing. Application deadlines and meeting dates will be established by the Board. County Commissions shall be given 30 calendar days to submit an application. An application shall consist of the following: the County Commission shall submit a resolution certifying that the County Commission and at least 70% of the incorporated population of the respective county have reached agreement on the project(s) to be funded under this Chapter. The resolution shall list each project individually to be funded under this Chapter. The resolution must also indicate the grant amount requested for each project and the percentage of the total project to be funded with a grant under this Chapter. The resolution must not exceed the total amount approved for the county. In addition, the resolution shall list in priority order other eligible project(s) that have been certified and can be substituted in the event that an original project(s) cannot proceed. For each individual project, the applicant shall submit an “Application Cover Page” on a form provided by the Office. The applicant shall also submit an individual “Project Summary” form provided by the Office. Any applicant that requests a grant in excess of 50% of the project cost must submit a “General Financial Information” form provided by the Office and must include within its project summary form why it believes that a grant in excess of 50% is warranted. If an applicant requests waiver of the cumulative 75% grant award maximum, the applicant shall also submit a second resolution certifying that the County Commission and at least 70% of the incorporated population of the respective county have reached agreement on the project(s) for which the cumulative match requirement waiver is requested. In addition, the second resolution shall list in priority order other eligible projects that have been certified and can be substituted in the event that an original project(s) cannot proceed.

(b) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.

Section 7. Board Consideration.

The Board shall consider each eligible county’s consensus list of application(s), allow for comments from the owner of the project and from the Director, and will establish the maximum award for each eligible county and the applicable grant percentage for each project on the each eligible county’s consensus list.

Section 8. Grant Disbursement and Administration.

(a) Grant Disbursement. Each individual project is subject to the requirements of this Section. 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.

(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, he 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 shall revert to uncommitted status.

(iv) Funds made available through Laws 2006, Chapter 35, Section 318 require that a 50% match of eligible project costs. Cash or binding commitments in the amount of the grant shall be received not later than April 30, 2008 to be counted as matching funds. Any monies authorized by this subsection remaining unexpended or unobligated on June 30, 2008 shall revert to the general fund.

Section 9. Audits and Inspections.

The Board shall award at least 25% of the funds available under this Chapter for grants of at least 75% of eligible project cost.

Section 5. Grant Eligibility.

(a) Applicants. Incorporated cities and towns, counties, special districts and joint powers boards that are not eligible to receive funding from State Loan and Investment Board rules Chapter 20 shall be eligible to apply for grants under this chapter. Applicants cannot receive funding for the same project from this Chapter and Chapter 21, State Loan and Investment Board rules. If the applicant is a special district or joint powers board, it must be legally formed and approved prior to submitting an application and the appropriate Board of County Commissioners must sponsor the application. An applicant must be in compliance with all applicable reporting requirements with the Wyoming Department of Audit prior to its application being considered by the Board.

(b) Purposes. Pursuant to W.S. 9-4-604 and Laws 2006, Chapter 35, Section 317(c) the Board shall provide grants in the general categories of transportation, including roads, bridges, streets, traffic and drainage; utilities, including water, wastewater, solid waste and electricity; public safety, including county jails, law enforcement, fire protection and animal control; medical, including hospitals, clinics and ambulances; and other categories, including but not limited to, local government buildings and public use facilities. The Board shall award grants in such a way that except for emergency situations none of the categories listed in this subsection shall be given preferential treatment. In order to comply with this provision the Office shall calculate the total grant requests received for consideration at each grant meeting for each category. The Office will then calculate the percentage requested in each category to the total requests received, except for emergency situations. The Director will recommend funding and the Board shall approve funding for each category in its approximate percentage to the total requests received for that category.

(c) Maximum Grant Percentage. Pursuant to Laws 2006, Chapter 35, Section 317(c) the Board after considering the applicant’s financial strength may waive or reduce any matching funds required by W.S. 9-4-604. The Board will use the following guidelines to determine grant percentages.

(i) All eligible applicants are presumed eligible to receive a grant up to 50% of eligible project costs.

(ii) The Board may make grants up to 75% to counties, hospital and fire districts if the Board determines that

(iii) The Board may award grants up to 75% of the eligible project cost to municipalities if the Board determines that the municipality at the time of application:

(B) has a population of less than 1,300 according to the latest federal census and/or

(C) is located within a county where the three-year average of the local government share of state sales and use tax per capita is less than seventy percent (70%) of the statewide average.

(iv) Waiver or Reduction of match requirements. The Board may reduce or waive the above match requirements after considering the applicant’s financial strength and upon written request from the applicant at the time it makes application. Factors that the Board may consider when reducing or waiving match include but are not limited to the total mills levied against all properties in the jurisdiction of the applicant, the total sales and use tax levy in the county in which the applicant is located and the ratio of debt to the assessed valuation of the applicant.

(d) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match:

(i) Costs for sidewalks that are owned or maintained by a private property owner;

(ii) Costs for tap fees, sewer and water fees, and plant investment fees;

(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;

(iv) All non-cash costs except:

(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes, valued at reasonable, actual cost; and

(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to the applicant, used for project purposes and valued at reasonable, actual cost.

(v) Costs for preparation or presentation of grant or loan applications for any source of funding;

(vi) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;

(vii) Costs for furnishings;

(viii) Legal fees;

(ix) Costs related to issuance of bonds;

(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;

(xi) Costs to establish and form special districts or joint powers boards;

(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;

(vii) The geographic area and population served directly and indirectly by the project and the percentage of the applicant's population directly served by the project;

(viii) A description of other project funding sources, committed or pending, the portion of the project cost expected to be funded from each source, including any future grant applications under this chapter, and copies of funding commitments from all project funding sources, including the applicant, to demonstrate commitment to the project;

(ix) If the applicant is a special district, a copy of the resolution that shows formation of the special district and certification from the Board of County Commissioners that the special district currently exists and a letter from the Board of County Commissioners sponsoring the application;

(x) If the applicant is a joint powers board, a copy of the certificate of organization filed with the Secretary of State, and a copy of an executed joint powers agreement approved by the Attorney General;

(xi) A standard resolution authorizing the filing of the application on a form provided by the Office;

(xii) A financial statement of the applicant, on a uniform "General Financial Information" form provided by the Office;

(xiii) If an applicant submits multiple applications under this chapter for consideration at one meeting, a priority ranking of the multiple applications as established by the applicant;

(xiv) If the project is needed to meet federal or state health and safety requirements, documentation of the specific requirements and an explanation of how the project addresses the requirements;

(xv) For applications submitted by a special district, either standing alone or as a member of a joint powers board, the written review as required by W.S. 9-4-604(h);

(xvi) If the applicant requests a reduction or waiver of the match requirements of Section 5(c) the applicant must submit a written statement that provides the reason(s) the applicant believes a reduction or waiver of the match requirement is warranted. The statement from the applicant shall also provide 1.) the total mills levied against all properties in the jurisdiction of the applicant 2.) the total sales and use tax levy in the county in which the applicant is located 3.) a listing of the applicant’s outstanding long term debt 4.) the specific match requirement the applicant is requesting.

(e) Preliminary Review. Within twenty-five (25) working days of receipt of an application, the Office shall notify the applicant, in writing, if the application lacks any of the items required in Section 6(d). The applicant shall have ten (10) working days to submit the required information. The Office shall make a complete review of the application, if the application is missing any required information applicants shall have ten (10) working days to submit the required information.

(f) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.

Section 7. Evaluation Criteria.

(a) Criteria. The Board shall evaluate applications utilizing the following criteria:

(i) The statement of needs submitted by local government entities as required by Laws 2006, Chapter 35, Section 317(c)

(ii) The Board shall award grants in such a way that, except for emergency situations, none of the categories listed in section 5 (b) shall be given preferential treatment.

(iii) The extent of match committed to the project from all sources;

(iv) Whether the applicant has made a significant commitment of local resources;

(v) Whether the applicant has matching funds for the project from other than state grants;

(vi) Whether the project is appropriately sized in relation to the population to be served by the project;

(vii) The relative urgency of the project;

RULES AND REGULATIONS

STATE LOAN AND INVESTMENT BOARD

Chapter 23

Capital Construction Projects – Countywide Consensus List Grant Awards to Mitigate Natural Gas Development Impacts

Section 1. Authority.

This chapter is adopted pursuant to W.S. 9-4-604 and Laws 2007, Chapter 136, Section 328(a)(iii), (f)-(k) and (p)-(t).

Section 2. Definitions.

As used in this chapter:

(a) "Board" means the State Loan and Investment Board.

(b) “Capital Construction Projects” means for purposes of this chapter, consensus list grants to incorporated cities and towns and to counties, special districts and joint powers boards which are directly impacted by the development of natural gas, to be used for capital construction, including, but not limited to, capital equipment, public safety projects, housing related projects and road repair or construction.

(c) “Consensus List” means a county-wide priority ranking of capital construction projects from highest to lowest for grant funding. This list must be agreed to by the board of county commissioners and the governing bodies of the cities and towns within that county that comprise at least seventy percent (70%) of the incorporated population.

(d) "Director" means the Director of the Office of State Lands and Investments.

(e) "Eight (8) Counties Directly Impacted by Natural Gas Development" means the following counties that the Board previously determined are impacted by natural gas development on a countywide basis and applicants located within that county that are eligible to submit local consensus list applications under this chapter: Carbon, Campbell, Fremont, Johnson, Natrona, Sheridan, Sublette and Sweetwater.

(f) "Eligible Applicant" means a county directly impacted by the development of natural gas and its incorporated cities and towns, special districts and joint powers boards. Each eligible applicant must certify to the Board that the county board of commissioners and the councils of the cities and towns that comprise seventy percent (70%) of the incorporated population within that county have reached agreement on the project(s) for which the grants will be used.

(g) "Eligible Project Costs" means total project cost, less ineligible project costs.

(h) "Office" means the Office of State Lands and Investments.

(i) "Special District" means hospital, fire protection, sanitary and improvement, solid waste disposal, improvement and service, and water and sewer districts.

Section 3. General Policy.

The Board shall award grants for capital construction 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.

Section 4. Funding Availability.

For purposes of this chapter available funding is pursuant to Laws 2007, Chapter 136, Sections 328(a)(iii) and 328(f). Any monies authorized by this subsection remaining unexpended or unobligated on June 30, 2008 shall revert to the budget reserve account.

Section 5. Funding Allocation.

In allocating available funding for the eight (8) natural gas development impacted counties the Board shall initially consider the nature and degree of impacts county-wide, to include each county’s incorporated cities and towns and special districts and joint powers boards. The Board shall also consider the financial resources that the local governmental entities in each county have available to them to mitigate the impacts. In weighing both impacts and available financial resources the Board shall make larger allocations to those counties where impacts are greater and where financial resources are smaller. The Board will make funding allocations for the eight (8) natural gas development impacted counties not later than April 10, 2007.

Section 6. Grant Eligibility.

(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(f). If the applicant is a special district or joint powers board, it must be legally formed and approved prior to receiving a grant award under this chapter.

(b) Purposes. Pursuant to W.S. 9-4-604 and Laws 2007, Chapter 136, Section 328(a)(iii),(f)-(k) and (p-t) the Board shall fund consensus list grants to eligible applicants which are directly impacted by the development of natural gas, 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 health, safety or welfare;

(ii) Comply with a federal or state mandate;

(c) Maximum Grant Percentage. Cumulatively, the consensus list of projects is limited to a grant from this chapter not to exceed 75% of eligible project costs.

(d) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match:

(i) Costs for sidewalks that are owned or maintained by a private property owner;

(ii) Costs for tap fees, sewer and water fees, and plant investment fees;

(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;

(iv) All non-cash costs except:

(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes based on actual, appraised or market value; and

(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to 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 for transportation, meals and lodging incurred anywhere away from the site of the project;

(vii) Costs for furnishings;

(viii) Legal fees;

(ix) Costs related to issuance of bonds;

(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;

(xi) Costs to establish and form special districts or joint powers boards;

(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;

(xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs.

Section 7. Applications and Consensus Lists Procedures.

(a) Applications, Consensus Lists and Timing. Applications from eligible applicants for consideration for project funding are initially submitted locally into the county consensus list process in the county where the project is situated. For projects involving more than one county, applications are initially submitted into the county consensus list process in each of the project-affected counties. In reviewing applications the board of county commissioners and the governing bodies of the cities and towns within that county that comprise at least seventy percent (70%) of the incorporated population shall certify to the Board that they have reached agreement on the projects for which the allocated funds will be used. Certified county consensus lists and supporting documentation must be submitted to the Office not later than April 30, 2007 for Board consideration at a May meeting to be scheduled not later than May 25, 2007.

The certified consensus list that the board of county commissioners submits to the Office for Board action shall consist of the following: A joint resolution certifying that the county commission and at least 70% of the incorporated population of the respective county have reached agreement on the project(s) to be funded under this chapter. The resolution shall list each project individually to be funded under this chapter. The resolution must also indicate the grant amount requested for each project and the percentage of the total project to be funded with a grant under this chapter. The resolution must not exceed the total amount allocated to the county. In addition, the resolution shall list in priority order other eligible project(s) that have been certified and can be substituted in the event that an original project(s) cannot proceed. For each individual project, the applicant shall submit an “Application Cover Page” on a form provided by the Office. The applicant shall also submit an individual “Project Summary” form provided by the Office.

(b) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.

Section 8. Board Consideration.

The Board shall consider on or before May 25, 2007 each eligible county’s consensus list, allow for comments from the owner of the project and from the Director, and will establish the maximum award for each eligible county and the applicable grant match percentage for each project on each eligible county’s consensus list.

Section 9. Grant Disbursement and Administration.

(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 Five Hundred dollars ($500.00) unless it is the final disbursement of grant funds for the project.

(ii) If the Director determines that the project has not been completed within a reasonable time, the Director will 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.

Section 10. Audits and Inspections.

Each individual project is subject to 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.

RULES AND REGULATIONS

STATE LOAN AND INVESTMENT BOARD

Chapter 24

Impact Mitigation Grants and County Block Grants for Capital Projects – Countywide Consensus List Awards

Section 1. Authority.

This chapter is adopted pursuant to W.S. 9‑4‑604 and Laws 2007, Chapter 136, Section 328(a)(iii),(iv) and (g),(j-n),(p-t) and Section 329.

Section 2. Definitions.

As used in this chapter:

(a) "Board" means the State Loan and Investment Board.

(b) “Consensus List” means a county-wide priority ranking of capital construction projects from highest to lowest for grant funding. This list must be agreed to by the board of county commissioners and the governing bodies of the cities and towns within that county that comprise at least seventy percent (70%) of the incorporated population.

(d) "Eight (8) Counties Directly Impacted by Natural Gas Development" means the following counties that the Board previously determined are impacted by natural gas development on a countywide basis and applicants located within that county that are eligible to submit local consensus list applications under this chapter: Carbon, Campbell, Fremont, Johnson, Natrona, Sheridan, Sublette and Sweetwater.

(e) "Eligible Applicant" means a county and its incorporated cities and towns, eligible special districts and joint powers boards. The county must certify to the Board that the county board of commissioners and the councils of the cities and towns that comprise seventy percent (70%) of the incorporated population within that county have reached agreement on the project(s) for which the grants will be used.

(f) "Eligible Project Costs" means total project cost, less ineligible project costs.

(g) "Office" means the Office of State Lands and Investments.

(h) “Projects Outside the Eight (8) Impacted Counties” means capital construction projects needed to mitigate the impact of natural gas development in the following fifteen (15) counties: Albany, Big Horn, Converse, Crook, Goshen, Hot Springs, Laramie, Lincoln, Niobrara, Park, Platte, Teton, Uinta, Washakie and Weston. Eligible applicants for capital construction grants within these counties are required to submit certified consensus lists for Board consideration per the rules in Section 6 of this chapter.

(i) "Special District" means hospital, fire protection, sanitary and improvement, solid waste disposal, improvement and service, and water and sewer districts.

Section 3. General Policy.

The Board shall award grants for capital 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.

Section 4. Funding Availability.

Grant funding for this chapter is available pursuant to Laws 2007, Chapter 136, Section 328(a)(iii) and (iv),(g) and Section 329(a). Section 328(a)(iii),(g) grant funding is allocated for capital projects outside the eight (8) impacted counties that are needed to mitigate the impact of natural gas development as determined by the Board. Section 328(a)(iv) grant funding is allocated for capital projects in each of Wyoming’s twenty-three (23) counties. Section 329(a) grant funding is allocated for capital projects in Wyoming’s fifteen (15) counties not impacted by natural gas development as previously determined by the Board. Any monies authorized by this subsection remaining unexpended or unobligated on June 30, 2008 shall revert to the budget reserve account.

Section 5. Grant Eligibility.

(b) Purposes. Pursuant to W.S. 9-4-604 and Laws 2007, Chapter 136, Section 328(g),(j-n),(p-t) and Section 329 the Board shall fund consensus list grants to eligible applicants only when the board finds the grant is necessary to:

(i) Alleviate an emergency situation which poses a direct and immediate threat to health, safety or welfare;

(ii) Comply with a federal or state mandate;

(c) Maximum Grant Percentage. Cumulatively, the consensus list of projects is limited to a grant from this chapter not to exceed 75% of eligible project costs.

(d) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match:

(i) Costs for sidewalks that are owned or maintained by a private property owner;

(ii) Costs for tap fees, sewer and water fees, and plant investment fees;

(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;

(iv) All non-cash costs except:

(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes based on actual, appraised or market value; and

(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to 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 for transportation, meals and lodging incurred anywhere away from the site of the project;

(vii) Costs for furnishings;

(viii) Legal fees;

(ix) Costs related to issuance of bonds;

(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;

(xi) Costs to establish and form special districts or joint powers boards;

(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;

(xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs.

Section 6. Applications and Consensus List Procedures.

(a) Applications, Consensus Lists and Timing. Applications from eligible applicants for consideration for project funding are initially submitted locally into the county consensus list process in the county where the project is situated. For projects involving more than one county, applications are initially submitted into the county consensus list process in each of the project-affected counties. In reviewing applications the board of county commissioners and the governing bodies of the cities and towns within that county that comprise at least seventy percent (70%) of the incorporated population shall certify to the Board that they have reached agreement on the projects for which the funds will be used. Certified county consensus lists and supporting documentation must be submitted to the Office not later than April 30, 2007 for Board consideration at a May meeting to be scheduled not later than May 25, 2007.

The certified consensus list that the board of county commissioners submits to the Office for Board action shall consist of the following: A joint resolution certifying that the county commission and at least 70% of the incorporated population of the respective county have reached agreement on the project(s) to be funded under this chapter. The resolution shall list each project individually to be funded under this chapter. The resolution must also indicate the grant amount requested for each project and the percentage of the total project to be funded with a grant under this chapter. The resolution must not exceed the total amount allocated for the county. In addition, the resolution shall list in priority order other eligible project(s) that have been certified and can be substituted in the event that an original project(s) cannot proceed. For each individual project, the applicant shall submit an “Application Cover Page” on a form provided by the Office. The applicant shall also submit an individual “Project Summary” form provided by the Office.

(b) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.

Section 7. Board Consideration.

Section 8. Grant Disbursement and Administration.

(b) The minimum grant disbursement shall be Five Hundred dollars ($500.00) unless it is the final disbursement of grant funds for the project.

Section 9. Audits and Inspections.

RULES AND REGULATIONS

STATE LOAN AND INVESTMENT BOARD

Chapter 25

Emergency Reserve Capital Projects Grants – Individual Applications

Section 1. Authority.

This chapter is adopted pursuant to W.S. 9-4-604 and Laws 2007, Chapter 136, Section 328(a)(v) and (o).

Section 2. Definitions.

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) "Eligible Applicant" means incorporated cities and towns, counties, special districts and joint powers boards in Wyoming.

(d) "Eligible Project Costs" means total project cost, less ineligible project costs.

(e) "Emergency Situation" means a situation(s) that poses a direct and immediate threat to public health, safety or welfare.

(f) "Office" means the Office of State Lands and Investments.

(g) "Special District" means hospital, fire protection, sanitary and improvement, solid waste disposal, improvement and service, and water and sewer districts.

Section 3. General Policy.

The Board shall award grants under the provisions of this chapter for emergency capital projects 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.

Section 4. Funding Availability.

Available emergency funding for capital projects statewide for this chapter is allocated pursuant to Laws 2007, Chapter 136, Section 328(a)(v). The Board shall determine how much of the available funding to expend for grants under this chapter. Any monies authorized by this subsection remaining unexpended or unobligated on June 30, 2008 shall revert to the budget reserve account.

Section 5. Grant Eligibility.

(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 and approved prior to submitting an application 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) Purposes. Pursuant to W.S. 9-4-604 and laws 2007, Chapter 136, Section 328(a)(v) and (o) the Board shall provide emergency reserve capital 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;

(ii) Comply with a federal or state mandate;

(d) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match:

(i) Costs for sidewalks that are owned or maintained by a private property owner;

(ii) Costs for tap fees, sewer and water fees, and plant investment fees;

(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;

(iv) All non-cash costs except:

(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes based on actual, appraised or market value; and

(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to 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 for transportation, meals and lodging incurred anywhere away from the site of the project;

(vii) Costs for furnishings;

(viii) Legal fees;

(ix) Costs related to issuance of bonds;

(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;

(xi) Costs to establish and form special districts or joint powers boards;

(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;

(xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs.

Section 6. Application Procedure.

(b) Timing. Applications for emergency consideration must be received at least twenty (20) working days prior to any regular meeting of the Board. The Board meets regularly on the first Thursday of February, April, June, August, October and December of each year.

(i) An application cover page on a form provided by the Office;

(ii) A project summary on a form provided by the Office detailing the emergency situation as defined in this chapter;

(iii) The grant amount requested by project type as specified by the Office and percentage of total project costs that the grant would pay;

(iv) A full description of the proposed project, specifically including, but not limited to, a phased construction schedule, if applicable;

(v) A detailed project budget broken into at least six (6) month intervals delineating all costs of the proposed project and the method by which the project costs were estimated;

(vi) A licensed engineer’s statement of the feasibility of the project, except for the purchase of emergency vehicles;

(vii) The geographic area and population served directly and indirectly by the project and the percentage of the applicant’s population directly served by the project;

(ix) If the applicant is a special district, a copy of the resolution that shows formation of the special district.

(xi) A standard resolution authorizing the filing of the application on a form provided by the Office;

(xii) A financial statement of the applicant, on a uniform "General Financial Information" form provided by the Office;

(xiii) If an applicant submits multiple applications under this chapter for consideration at one meeting, a priority ranking of the multiple applications as established by the applicant;

(xiv) If the project is needed to meet federal or state health and safety requirements, documentation of the specific requirements and an explanation of how the project addresses the requirements;

(xv) For applications submitted by a special district, either standing alone or as a member of a joint powers board, the written review as required by W.S. 9-4-604(h);

(d) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.

Section 7. Evaluation Criteria.

(a) Criteria. The Board shall evaluate applications utilizing the following criteria:

(i) The relative urgency of the project as an emergency situation as defined in this chapter;

(ii) The extent of match committed to the project from all sources;

(iii) Whether the applicant has made a significant commitment of local resources;

(iv) Whether the applicant has matching funds 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) Whether the applicant is current on all its repayment obligations to the Board;

(vii) The extent to which the applicant is utilizing, or plans to utilize, available and qualified Wyoming based professional firms and contractors on the project;

(viii) The financial need of the applicant, as determined by the Board;

(ix) The percentage of the applicant's population directly served by the project;

(x) Reviews of the application by applicable state agencies.

Section 8. Board Consideration.

The Board shall consider each application, allow for comments from the applicant and from the Director and establish the maximum amount of the grant along with applicable match requirements.

Section 9. Grant Disbursement and Administration.

(a) Grant Disbursement. 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 Five Hundred dollars ($500.00) unless it is the final disbursement of grant funds for the project.

Section 10. Audits and Inspections.