(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.
(d) The Board will use the following guidelines pursuant W.S. W.S. W.S. 9-4-604 to determine appropriate grant percentages: - (i) All eligible applicants are presumed eligible to receive a grant up to fifty percent (50%) of eligible project costs;
- (ii) Subject to applicable statutes, the Board reserves the right to make grants for more than fifty percent (50%) of eligible project costs to eligible applicants if the Board determines that:
- (A) the municipality either levied at least seven (7) mills for operating expenses including special districts levies chargable against the general city or town levy during the current fiscal year or is imposing the optional tax permitted by W.S. W.S. 39-15-204(a)(i) or (iii) at the time of application and is utilizing all other local revenue sources reasonably and legally available to finance the project; or
- (B) the county or special district 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. W.S. W.S. 39-15-204(a)(i) or (iii) at the time of the application and is utilizing all other local revenue sources reasonably and legally available to finance the project.
(e) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds: - (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 for transportation, meals and lodging incurred anywhere away from the site of the project;
- (vii) Costs of tools and furnishings for capital projects, including but not limited to, capital equipment, hammers, tanks, furniture, drapes and blinds not integral to and necessary for the project;
- (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.
060-28 Wyo. Code R. § 28-5