Wyo. Stat. § 9-12-902

Current through the 2024 Budget Session
Section 9-12-902 - Wyoming workforce housing infrastructure program; creation; rulemaking
(a) The council shall establish and administer a Wyoming workforce housing infrastructure program as provided by this article. Any city, town, county, special improvement district or the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body, may submit an application to the council for a loan under the program on forms prescribed by and subject to rules promulgated by the council. Loans may be applied for by a joint powers board with the approval of all participating agencies to the joint powers agreement. Loans may be made by the council for workforce housing infrastructure projects and community land trust projects. In adopting rules and making loans under this article the council shall require all projects to be related to workforce housing infrastructure or community land trusts.
(b) Loans may be made at zero interest rate, up to an annual interest rate equal to the average prime interest rate as determined in accordance with subsection (e) of this section. The council shall establish criteria for determining the maximum loan amounts subject to final approval by the state loan and investment board.
(c) Loans shall be made under this article, only if the applicant demonstrates that upon receipt of the loan, all projected project costs will be funded. Loans for one (1) project may not exceed a maximum annual amount established by rule of the council. Multi-year projects may be awarded up to the maximum annual amount each year, for a period not to exceed three (3) years, as approved by the state loan and investment board. The application shall identify the source of all funds to be used for the project.
(d) Loans may be used to fund project costs in accordance with approved applications and rules of the council. Loan funds may be used to contract with community development organizations, state development organizations and nonprofit organizations in accordance with the purposes of this article and approved applications.
(e) Loans provided under this article shall be adequately collateralized as determined by the council. The council shall establish interest rates to be charged for loans under the program, but the interest rate shall not exceed an annual interest rate equal to the average prime interest rate as determined by the state treasurer. To determine the average prime interest rate, the state treasurer shall average the prime interest rate for at least seventy-five percent (75%) of the thirty (30) largest banks in the United States. The interest rate shall be adjusted on January 1 of each year. Interest rates shall be established in recognition of the repayment abilities and needs of the local governmental entity eligible for loans under the program. The council shall establish loan amortization schedules, terms and conditions for each loan approved.
(f) No loans shall be made without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith. An election approving the project and borrowing for the project by the qualified electors of the borrowing entity shall be required only if the attorney general determines such an election is otherwise required by law.
(g) Loans and loan commitments or any combination thereof shall be made under this article only:
(i) If there are sufficient funds in the workforce housing infrastructure program account to fully fund it and all other outstanding commitments and loans;
(ii) If repayment of any loan provided by the state is adequately collateralized. The adequacy of the collateral shall be determined by the council, subject to final approval by the state loan and investment board.
(h) Repayments of loans under this section shall be credited to the Wyoming workforce housing infrastructure program account.
(j) Repealed by Laws 2022, ch. 1, § 2.
(k) After approval of loans, the applicants shall report to the council, as required by the approved application. The report shall include:
(i) The progress of the project until the project is completed;
(ii) Any additional information required by the council to ensure compliance with loan requirements or compliance with this article.

W.S. 9-12-902

Amended by Laws 2022 , ch. 1, § 1 , 2, eff. 7/1/2022.
Laws 2022 , ch. 82, which purported to amend this section, provides in § 3that: "Section 2 of this act shall not be effective if 2022 House Bill 0009 (22LSO-0098), which repeals W.S. 9-12-601(h), 9-12-805 and 9-12-902(j), is enacted into law." 2022 House Bill 0009 (22LSO-0098 became effective as Laws 2022 , ch. 1, § 1.