Administrative Rule Review Report #AR11-036
Legislative Service Office
16-Aug-11
AGENCY: Office of State Lands and Investments
DATE SUBMITTED: 8/11/2011
SUBJECT: Chapter 11, Clean Water State Revolving Fund Loans; Chapter 14, Fees for Administrative Services and Interest Rates; and Chapter 16, State Drinking Water Revolving Account.
NATURE OF RULES: Legislative and procedural.
STATUTORY AUTHORITY: Ch.11: W.S. 16-1-203(a); Ch. 14: W.S. 11-34-103(a); and
Ch. 16: 16-1-303(b).
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date. Notice of the proposed adoption of the new rules was provided by the LSO as required by W.S. 28-9-103(d). No comments have been received to date.
SUMMARY OF RULES:
Chapter 11, Clean Water State Revolving Fund Loans.
These rules amend the provisions governing the State's revolving loan account for clean water. Generally, the amendments have been made to address the Federal Fiscal Year 2010 changes in federal funding incentives and requirements for the noted program. More specifically, the amendments serve to include additional definitional terms pertinent to the administration of the program (some of which are mirrored in the pertinent Wyoming Statutes), clarify eligible project costs for which funding can be sought, provides for a bifurcated application process (preliminary and completed), and add public meeting and notification requirements. Additionally, the amended rules provide guidance on applicable interest rates, terms of repayment, appropriate standards for audit and inspection and requirements for program compliance.
Chapter 14, Fees for Administrative Services and Interest Rates.
The amendment of the Ch. 14 Rules is also a result of the Federal Fiscal Year 2010 changes in federal funding incentives and requirements for the State's revolving loan account for drinking and clean water. The amendments include the ability of the SLIB to offer zero percent (0%) interest loans for projects that fall within required funding reserves through either state or federal legislation.
Chapter 16, Drinking Water State Revolving Fund Loans.
These rules also amend the provisions governing the State's revolving loan account, as related to drinking water. Again, the revisions are largely to address the Federal Fiscal Year 2010 changes in federal funding incentives and requirements for the noted program. The modifications and revisions are in the same areas as noted in the amendments to Chapter 11, including the inclusion of relevant definitions, providing for notice in the instance of special program incentives and special program requirements, clarifying eligible project costs and providing for a preliminary and complete loan application process. In addition, the rules as amended address applicable interest rates, disbursement of loan proceeds, audits and inspections, reports, program compliance and applicable fees.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.
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Tania Hytrek
Staff Attorney
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Lynda G. Cook
Staff Attorney
TSH