Chapter 1 - Intergovernmental Cooperation
CHAPTER 1 - INTERGOVERNMENTAL COOPERATION
ARTICLE 1 - IN GENERAL
16-1-101. Authority to cooperate.
Inexercising, performing or carrying out any power, privilege, authority, duty orfunction legally vested in any one (1) or more of them by Wyoming law, thestate of Wyoming, and any one (1) or more of its counties, municipalcorporations, school districts, special districts, public institutions,agencies, boards, commissions and political subdivisions, and any officer orlegal representative of any one (1) or more of them, may cooperate with andassist each other, and like entities or authorities of other states, the UnitedStates and the Eastern Shoshone and Northern Arapaho Tribes of the Wind RiverReservation. Cooperation may be informal or subject to resolution, ordinance orother appropriate action, and may be embodied in a written agreement specifyingpurposes, duration, means of financing, methods of operations, termination,acquisition and disposition of property, employment of executive andsubordinate agents and other appropriate provisions.
16-1-102. Short title.
Thisact shall be known and may be cited as the "Wyoming Joint PowersAct".
16-1-103. Definitions.
(a) As used in this act:
(i) "Agencies" means Wyoming counties, municipalcorporations, school districts, community college districts, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, joint powers boards formed pursuant to thisact or special districts specifically involved in providing facilities orfunctions enumerated in W.S. 16-1-104(c);
(ii) "This act" means W.S. 16-1-102 through 16-1-110.
16-1-104. Joint powers, functions and facilities; city-county airportboard; eligible senior citizen centers.
(a) Any power, privilege or authority exercised or capable ofbeing exercised by an agency may be exercised and enjoyed jointly with anyother agency having a similar power, privilege or authority. No cost shall beincurred, debt accrued, nor money expended by any contracting party, which willbe in excess of limits prescribed by law. If the joint business council of theEastern Shoshone and Northern Arapaho Indian tribes, the business council ofthe Eastern Shoshone Indian tribe or the business council of the NorthernArapaho Indian tribe participates in a joint powers board under this act withpolitical subdivisions and special districts of Wyoming, the powers of thejoint business council, the powers of the business council of the EasternShoshone Indian tribe, the powers of the business council of the NorthernArapaho Indian tribe, Wyoming political subdivisions and Wyoming specialdistricts are neither increased or decreased by that participation. Rather theparticipation of the joint business council, the business council of theEastern Shoshone Indian tribe or the business council of the Northern ArapahoIndian tribe is intended to facilitate implementation of programs and projectsdesigned to more effectively benefit Wyoming's citizens.
(b) A county may enter into and operate under a joint powersagreement with one (1) or more counties, cities, school districts or communitycollege districts for the performance of any function that the county, city,school district or community college district is authorized to perform, exceptthe planning, expansion, creation, financing or operation of municipally ownedelectrical facilities.
(c) Specifically, without limiting but subject to theprovisions of subsection (a) of this section, two (2) or more agencies mayjointly plan, own, lease, assign, sell, create, expand, finance and operate:
(i) Water including surface water drainage, sewerage, water andsoil conservation or solid waste facilities;
(ii) Recreational facilities;
(iii) Police protection agency facilities;
(iv) Fire protection agency facilities;
(v) Transportation systems facilities, including airports;
(vi) Public school facilities;
(vii) Community college facilities;
(viii) Hospital and related medical facilities;
(ix) Courthouse and jail or administrative office facilities;
(x) Public health facilities;
(xi) Electrical systems owned by municipalities prior to March1, 1975;
(xii) Rights-of-way for electric transmission systems, oil andnatural gas pipelines, telecommunications and utilities. Any right-of-wayacquired under the provisions of this subsection shall follow an existingutility corridor whenever practical.
(d) Any city-county airport board heretofore organized andoperating pursuant to W.S. 10-5-101 through 10-5-204 shall be deemed a jointpowers board, and shall not be required to reorganize as provided for by W.S.16-1-106(a) but is subject to all other provisions of this act.
(e) A governing body of an eligible senior citizen center mayenter into a joint powers agreement under this act in order to participate inthe local government self-insurance program as provided in W.S. 1-42-201through 1-42-206. An eligible senior citizen center which enters into a jointpowers agreement pursuant to this subsection shall be bound by all provisionsof the agreement, but shall not be entitled to participate as a member of thejoint powers board.
16-1-105. Joint agreements.
(a) Any two (2) or more agencies may enter into agreements witheach other for joint or cooperative action pursuant to this act. No agreementhereunder nor amendment thereto is effective until:
(i) The governing body of each participating agency hasapproved the agreement or amendment;
(ii) The agreement or amendment is submitted to and approved bythe Wyoming attorney general who shall determine whether the agreement oramendment is compatible with the laws and constitution of Wyoming; and
(iii) The agreement or amendment is filed with the keeper ofrecords of each participating agency.
(b) Agreements shall provide:
(i) The duration of the agreement;
(ii) The organization, composition and nature of any separatelegal entity created and the powers delegated to the entity;
(iii) The purpose of the agreement;
(iv) The percent ownership of any facility by each participatingagency, unless the facility is to be owned by a joint powers board, in whichcase the agreement shall indicate the interest of each participating agency inthe services or product of the joint powers board or the method by which theinterest may be determined;
(v) The joint operation and maintenance of any facility unlessdelegated to an entity pursuant to paragraph (ii) of this subsection;
(vi) The manner of financing the joint or cooperativeundertaking and of establishing and maintaining a budget therefor;
(vii) The partial or complete termination of the agreement,dissolution of any entity provided therein, and distribution of any facilities,improvements or other property upon partial or complete termination of theagreement;
(viii) Any other necessary and proper matters.
(c) If the agreement does not establish a separate legal entityto conduct the joint or cooperative undertaking, the agreement may provide foran administrator or administrative board responsible for administering thejoint or cooperative undertaking and representation of participating agencieson any administrative board.
16-1-106. Joint powers boards; fiscal manager.
(a) An agreement pursuant to this act may create a joint powersboard to conduct a joint or cooperative undertaking. A joint powers board shallconsist of not fewer than five (5) members, all of whom shall be qualifiedelectors of the counties in which the board operates. Members of a joint powersboard shall be appointed by the governing bodies of the participating agenciesin any proportion or number the bodies feel would adequately reflect theirinterest. The initial appointments shall be by mutual agreement with staggeredterms of one (1), two (2) and three (3) years and are subject to reappointment.Thereafter, appointments for a full term shall be for three (3) year staggeredterms. Vacancies for unexpired terms shall be filled by appointment by thegoverning bodies of the participating agencies. Members of the board may beremoved by the governing bodies of the participating agencies. It is notincompatible office holding for an officer or legal representative of a county,municipal corporation, school district, special district, public institution,agency, board, commission or political subdivision to be a member of a jointpowers board.
(b) Promptly following appointment of its members, a jointpowers board shall meet, organize and elect from its membership a chairman,vice-chairman, secretary and treasurer. The secretary of a joint powers boardshall notify the participating agencies of the board's organization and shallfile a certificate with the county clerk and the secretary of state showing itsorganization. Upon filing the certificate, the joint powers board shallautomatically become a body corporate and politic, and a public corporationwith power to sue and be sued. The corporation has perpetual existence unlessotherwise specified by the agreement providing for the corporation. Noindividual member of a joint powers board shall be personally liable for any actionsor procedure of a joint powers board. When actually engaged in the performanceof their duties, members of a joint powers board shall receive no compensationbut shall be reimbursed for travel and per diem expenses as provided to stateemployees.
(c) A joint powers board shall meet at least once every three(3) months at the call of the chairman or within five (5) days after an oral orwritten request of a majority of the board members.
(d) Within the limits of its authorized and available funds, ajoint powers board may employ technical, legal, administrative and clericalassistance and engage the services of research and consulting agencies. In theperformance of its duties a joint powers board may utilize the services of anyofficer or employee of a participating agency with the approval of thegoverning body of the agency. Upon request of a joint powers board elected andappointed officers and employees of participating agencies shall promptlyfurnish the board information, statistics and reports under their control andshall otherwise cooperate with a joint powers board.
(e) Any agency participating in a joint powers project mayappoint a joint powers board created by the agreement or any of the otheragencies participating in the project as its agent to manage the project or tomanage the finances of the project. The joint powers agreement may create asingle fiscal manager to receive monies and make disbursements for the entireproject. The fiscal manager may set up any necessary sinking funds, reservefunds or building funds for the use of the project.
16-1-107. Financing of joint projects.
(a) Any joint project consisting of property or improvements oran interest therein to be owned by participating agencies or a joint powersboard undertaken pursuant to this act may be financed:
(i) By the contribution of funds from one (1) or moreparticipating agencies which would be available to each agency if proceedingindividually;
(ii) By bond issues by one (1) or more participating agencies toconstruct, improve or acquire an interest in any facility in the same manner asbonds may be issued by the agency for its individual construction, improvementor acquisition of such a facility;
(iii) By revenue bonds issued by a joint powers board to berepaid solely from revenues provided by this section or any revenue received bya joint powers board from the ownership, lease or operation of property orinterest in property owned, leased or controlled by the board. Revenuesecurities may be issued upon majority approval of the members of a jointpowers board and may be executed and delivered at any time, in the form,denominations and amounts, and may be redeemed or repurchased prior to maturitywith or without premium, and may bear interest as provided by resolution of ajoint powers board authorizing the issue. These securities shall meet theprocedural requirements and provisions of W.S. 35-2-425 through 35-2-428 asprovided for the issuance of bonds by hospital districts;
(iv) By facilities privately owned and leased to two (2) or moreagencies or a joint powers board if the lease agreement provides that upontermination of the lease agreement title to the facilities vests in theparticipating agencies;
(v) By gifts, donations or grants of federal money;
(vi) By industrial development project bonds issued pursuant toW.S. 15-1-701 et seq.
(b) The state treasurer with the approval of the governor mayif fiscally prudent invest any permanent state funds in bonds or securitiesissued pursuant to this act.
16-1-108. Obligations and responsibilities of participating agencies.
(a) No participating agency nor any legal entity createdpursuant to this act shall construct, operate or maintain any facility orimprovement other than for service to and use by the participating agencies andtheir resident customers, except for undertakings pursuant to W.S.16-1-104(c)(xii).
(b) No agreement pursuant to this act shall relieve anyparticipating agency of any obligation or responsibility imposed upon it by lawexcept to the extent of actual and timely performance thereof by a joint powersboard or other legal or administrative entity created by an agreementhereunder, the performance may be offered in satisfaction of the obligation orresponsibility.
(c) After April 1, 1998, any legal entity created pursuant tothis act or any of its participating agencies, which owns, constructs, operatesor maintains a municipal or rural domestic water supply system funded in wholeor in part by state grants or loans, shall not assess public entities orindividual water users in the cooperating agencies' service area water ratecharges which exceed the actual costs of providing and delivering water to thepoint of connection to the public entities' or individual water users' watersystem. The governing body of the entity may establish one (1) or more serviceareas in each of which an average water rate may be used for all customers. Aone time connection fee or system investment fee reasonably calculated to permitrecovery of a proportionate share of the system infrastructure cost necessaryto treat and convey the water may also be charged. A one-time fee may also becharged to recover reasonable expenses incurred by the public entity indetermining the actual costs of treating and delivering water to the point ofconnection. Charges for special services such as customer's line maintenanceshall be in addition to the water rate. As used in this subsection,"actual costs of providing and delivering water" shall include aproportionate share of the following costs related to the water system:
(i) Fees, interest charges and principal payments on all bondsissued and other indebtedness incurred to construct, purchase or improve theutility;
(ii) Salaries and wages of employees;
(iii) The cost of materials, supplies, utilities and outsideservices;
(iv) Other costs directly related to the delivery system;
(v) The cost for providing and maintaining a depreciation fund,a fund for emergencies and a fund for acquisition and development of new waterrights and water sources;
(vi) Administrative and overhead expenses; and
(vii) The cost of acquiring, transporting, processing andtreating water.
(d) If requested by the party seeking water service who residesoutside the public entity's service area and upon approval of the publicentity, subsection (c) of this section shall not apply if the ratio of theestablished rate charged to customers outside the area to the rate within thepublic entities service area is less than one and one-quarter (1.25) to one(1).
16-1-109. State loan and investment board loans; amount; interest;security; conditions.
(a) The state loan and investment board may negotiate and makeloans to one (1) or more agencies, the University of Wyoming, or joint powersboards presently existing, permitted or created pursuant to the statutes, fromthe permanent mineral trust funds and other permanent funds of Wyoming nototherwise obligated, not to exceed sixty million dollars ($60,000,000.00) includingall loans previously made and outstanding, and not to exceed a term of forty(40) years for repayment. The board shall set rates of interest on all suchloans according to the current rates of interest for similar securities on thecommercial market upon a basis which will not be less than the average rate ofreturn realized on all permanent mineral trust fund investments as determinedby the state treasurer for the five (5) calendar years immediately precedingthe year in which the loan is made. For all loans under this section approvedafter July 1, 1996, a loan origination fee of one percent (1%) of the loanshall be paid to the state loan and investment board by the borrowing agency,university or joint powers board. The revenue produced by this fee shall becredited to the loss reserve account as provided by W.S. 16-1-110.
(b) In making loans pursuant to this act, the state loan andinvestment board shall establish requirements and standards which it determinesto be necessary and advisable.
(c) Upon approval of a loan, an agency, the university,participating agencies, or a joint powers board shall transfer title or itsinterest to the property upon which facilities are to be constructed, includinglater improvements, to the state loan and investment board, or the state loanand investment board may require the security it deems necessary. The recipientof the loan shall make reasonable annual rental charges or loan payments asspecified by the state loan and investment board. Upon repayment of the loan,title to or interest in the property and improvements shall be reconveyed tothe appropriate agency, university, participating agencies or joint powersboard. Where the transfer of title or interest in the property would precludethe obtaining of federal grants or where transfer of title or interest isprohibited by or would be in violation of existing grant-in-aid agreements, thestate loan and investment board may waive the requirements of transfer of titleor transfer of any interest in the property, and substitute other security ofsufficient value as it deems necessary.
(d) Loans under this section shall be made only under thefollowing conditions:
(i) Loans shall be made only for facilities generating userfees only to the extent that the user fees will repay the loan such that theloan can be considered a reasonable and prudent investment of state permanentfunds. Any portion of the revenue generating facility unable to be financed byuser fees may be financed by a grant under W.S. 9-4-604(g) and (h) to agenciesand joint powers boards otherwise authorized to receive grants under thoseprovisions;
(ii) No security other than a lien on the facilities used togenerate user fees to repay the loan and pledges of user fees shall be taken tosecure the loan except that the entity or joint powers board receiving the loanmay also be required to issue revenue bonds to the state to evidence the loanif statutory authority exists for the entity to issue revenue bonds for thefacility. No property shall be taken as security unless the property is ownedby the entity to which the loan will be made. Upon repayment of the loan, liensagainst the property and revenue shall be released by the state loan andinvestment board;
(iii) Loans shall be made to the governmental entity or entitieswhose inhabitants receive a direct service or benefit from the revenuegenerating facility;
(iv) The state loan and investment board shall receive annualfinancial statements from entities receiving loans under this subsection;
(v) No loan shall be made without the written opinion of theattorney general certifying the legality of the transaction and all documentsconnected therewith.
(e) The board, whenever it deems necessary for the betterprotection of permanent funds of the state invested in loans under thissection, may refinance any delinquent loan and reamortize the loan over notmore than thirty (30) years from the date of refinancing. All costs ofrefinancing the loan shall be paid by the borrowing entity and no loan shall berefinanced where it appears refinancing will jeopardize the collection of theloan. An additional fee of one percent (1%) of the amount of the reamortizedloan shall be paid by the borrowing entity to the board to be credited to theloss reserve account created by W.S. 16-1-110 as provided by subsection (a) ofthis section.
16-1-110. Loss reserve account created; deposits; disposition offunds.
(a) Revenues received by the state loan and investment boardfor deposit in the loss reserve account pursuant to W.S. 16-1-109(a) shall betransmitted to the state treasurer for deposit to the credit of the lossreserve account. Funds in the account shall be used for the purposes specifiedin subsection (b) of this section and to pay the administrative and legalexpenses of the board in making collections and foreclosing on loans madepursuant to W.S. 16-1-109. If at the end of any fiscal year, the amount in theloss reserve account exceeds five percent (5%) of the total amount of permanentfunds invested by the state in loans pursuant to W.S. 16-1-109, the amount inexcess of the five percent (5%) shall be transferred and credited to thegeneral fund.
(b) If, as a result of default in the payment of any loan madepursuant to W.S. 16-1-109, there occurs a nonrecoverable loss either to thecorpus of, or interest due to, any permanent fund of the state, the state loanand investment board shall restore the loss to the permanent fund accountentitled thereto using any funds available in the loss reserve account createdby subsection (a) of this section. If the funds in the loss reserve account areinsufficient to restore the full amount of the loss, the board shall submit adetailed report of the loss to the legislature and shall request anappropriation to restore the balance of the loss to the permanent fund accountentitled thereto.
ARTICLE 2 - STATE REVOLVING ACCOUNT
16-1-201. Definitions.
(a) As used in this article:
(i) "Account" means the state water pollution controlrevolving loan account created by W.S. 16-1-202;
(ii) "Board" means the state loan and investmentboard;
(iii) "Capitalization grant" means the federal grantmade to Wyoming by the federal environmental protection agency for the purposeof establishing a state water pollution control revolving loan account;
(iv) "Corrective action" means as defined by W.S.35-11-1415(a)(i);
(v) "Corrective action account" means as defined byW.S. 35-11-1415(a)(ii);
(vi) "Department" means the department of environmentalquality;
(vii) "Nonpoint source" means any source of pollutionother than a point source as defined by W.S. 35-11-103(a)(x) and includesleaking underground storage tanks and aboveground storage tanks;
(viii) "Title VI" means Title VI of the Federal WaterPollution Control Act, 33 U.S.C. 1381 to 1387 (Cum.Supp. 1989);
(ix) "Underground storage tank" means as defined by W.S. 35-11-1415(a)(ix);
(x) "This article" means W.S. 16-1-201 through16-1-207;
(xi) "Aboveground storage tank" means as defined byW.S. 35-11-1415(a)(xi).
16-1-202. Account established; state match.
(a) There is established the state water pollution controlrevolving loan account. All monies received from federal capitalization grantsand all state matching funds shall be deposited in the account and shall beused only to provide financial assistance as authorized in this article.
(b) The twenty percent (20%) state matching funds for eachfederal capitalization grant payment to the account shall be paid from thecorrective action account.
(c) Payments of principal and interest on all financialassistance made under this article shall be deposited in the account. Allfunds in the account may be used for and are continuously appropriated forfinancial assistance as authorized in this article.
(d) Any unexpended balance in the account shall be invested bythe state treasurer and the interest earned shall be credited to the account.
16-1-203. Account administration; board powers and duties; departmentpowers and duties; fiscal procedures.
(a) The board shall administer the account including issuingloans and other forms of financial assistance for the purposes authorized inthis article. The board shall adopt reasonable rules and regulations necessaryto administer the account within the requirements of this article, Title VIand other federal laws.
(b) The board shall:
(i) Enter an agreement with the federal environmentalprotection agency regional administrator to receive capitalization grants forthe account;
(ii) Receive and review applications for financial assistancefrom the account from municipalities, counties, joint powers boards, stateagencies and other entities constituting a political subdivision under the lawsof the state on forms supplied by the board;
(iii) Administer the account including processing and receivingrepayments on all financial assistance; and
(iv) Conduct or allow the federal environmental protectionagency to conduct an annual audit.
(c) The department shall:
(i) Annually prepare and submit to the federal environmentalprotection agency and the joint minerals, business and economic developmentinterim committee of the legislature an intended use plan which has beensubject to public comment and which identifies the intended uses of moniesavailable to the account;
(ii) Prepare and submit an annual report required by Title VI;and
(iii) Evaluate engineering designs and studies and evaluatetechnical and administrative management of contracts for all projects inaccordance with Title VI.
(d) The board and all recipients of financial assistance fromthe account shall establish fiscal controls and accounting procedures requiredby Title VI.
16-1-204. Environmental review process.
(a) Through the department the board shall conduct a review ofpotential environmental impacts of projects receiving assistance from theaccount. The environmental review process shall:
(i) Contain mechanisms requiring implementation of mitigationmeasures to ensure the project is environmentally sound;
(ii) Allow the public an opportunity to challenge environmentalreview determinations and enforcement actions;
(iii) Include documentation of information, processes andpremises that influence decisions;
(iv) Require public notice and participation;
(v) Include evaluation criteria and processes allowingconsideration of alternative decisions; and
(vi) Comply with the requirements of Title VI and significantissues pertaining to underground storage tanks as specified in Subtitle I ofthe Resource Conservation and Recovery Act, 42 U.S.C. 6991et seq.
16-1-205. Authorized projects; authorized financial assistance.
(a) The account may be used for financial assistance for thefollowing types of projects:
(i) Construction of wastewater treatment works as allowed byTitle VI; or
(ii) Implementation of nonpoint source pollution controlmanagement programs as allowed by Title VI.
(b) Financial assistance for the projects authorized insubsection (a) of this section may take the forms provided in Title VIincluding:
(i) Loans at or below market interest rates or for zerointerest. Loans may be awarded only if:
(A) All principal and interest payments on loans are crediteddirectly to the account;
(B) The annual repayment of principal and payment of interestbegins not later than one (1) year after project completion;
(C) The loan is fully amortized not later than twenty (20)years after project completion; and
(D) Each loan recipient establishes a dedicated source ofrevenue for repayment of the loan.
(ii) Refinancing existing debt obligations of municipalities,counties, joint powers boards and state agencies for wastewater treatment worksfor which debt was incurred and building began after March 7, 1985;
(iii) Purchasing insurance for or guaranteeing local debtobligations to improve credit market access or reduce interest rates;
(iv) Security or a source of revenue for the payment ofprincipal and interest on revenue or general obligation bonds issued by thestate provided that the net proceeds of the sale of such bonds shall bedeposited in the account; and
(v) Loan guarantees for similar revolving accounts establishedby municipalities, counties or joint powers boards.
(c) An amount of up to four percent (4%) of the capitalizationgrant may be used for costs of administering the account. The monies used toadminister the account are not forms of financial assistance which areprioritized under W.S. 16-1-206.
16-1-206. Financial assistance priorities.
(a) If there are publicly owned wastewater treatment worksidentified as not being in compliance with the federal Water Pollution ControlAct, 33 U.S.C. 1251 et seq., then the monies in the account shallinitially be used for such wastewater treatment works.
(b) If there are no publicly owned wastewater treatment worksidentified as not being in compliance with the Water Pollution Control Act, 33U.S.C. 1251 et seq., then the monies in the account shallinitially be used for noninterest bearing loans to the department for takingcorrective actions at leaking underground and aboveground storage tank sites.
(c) Principal payments to the account from loans made forcorrective actions at leaking underground and aboveground storage tank sitesmay be used for any purposes authorized in this article.
16-1-207. Department loans; repayment.
Principalpayments on loans made to the department for taking corrective actions atleaking underground and aboveground storage tank sites shall be paid from thecorrective action account directly to the state water pollution controlrevolving loan account.
16-1-301. Definitions.
(a) As used in this article:
(i) "Account" means the state drinking revolving loanaccount created by W.S. 16-1-302;
(ii) "Administrative account" means the account whichmay receive up to four percent (4%) of the federal capitalization funds, loanadministration and loan application fees which are used to reimburse costsincurred by state agencies in the administration of the program, including butnot limited to costs of servicing loans and issuing debt, program start-upcosts, financial, management, and legal consulting fees, and costs for supportservices by state agencies;
(iii) "Board" means the state loan and investment boardto include the office of state lands and investments;
(iv) "Capitalization grant" means the federal grantmade to Wyoming by the federal environmental protection agency for the purposeof establishing and funding a state drinking water revolving loan account;
(v) "Capacity development" means that a communitywater system or nontransient noncommunity water system can adequatelydemonstrate that it has technical, managerial and financial capabilities toensure current and future operations of the water system in accordance with alldrinking water regulations in effect;
(vi) "Commission" means the Wyoming water developmentcommission and includes the water development office;
(vii) "Community water system" means a public watersupply which has at least fifteen (15) service connections used year-round byresidents, or that regularly provides water to at least twenty-five (25)residents year-round, including, but not limited to, municipalities and waterdistricts;
(viii) "Department" means the department ofenvironmental quality;
(ix) "Noncommunity water system" means a public watersupply which is not a community water system, including, but not limited to,public schools, state park recreational areas and state highway public restareas;
(x) "Nontransient noncommunity water system" means apublic water supply which is not a community system and which regularlyprovides service to at least twenty-five (25) of the same persons for more thansix (6) months of the year who are not full-time residents, including, but notlimited to, factories, industrial facilities and office buildings;
(xi) "Office of state lands and investments (OSLI)"means the office which provides administrative and operational management ofprograms of the state loan and investment board;
(xii) "Operator" means the person who is directlyresponsible and in charge of the operation of a water treatment plant or waterdistribution system;
(xiii) "Private" means that pertaining to an individual,corporation, partnership, or other legal entity which is not a politicalsubdivision of the state, county or local government;
(xiv) "Program" means the drinking water staterevolving fund program pursuant to section 1452 of the Safe Drinking Water Act(42 U.S.C. 300j-12);
(xv) "Publicly owned water system" means a watersystem which is owned, operated, managed and maintained by an entity of thestate, county, city, township, town, school district, water district,improvement district, joint powers board or any other entity constituting apolitical subdivision under the laws of this state which provides water for useand consumption of the general public through pipes and other constructedconveyances, and which is not owned, operated, managed or maintained by aprivate individual, association or corporation;
(xvi) "Safe Drinking Water Act (SDWA)" means thefederal Safe Drinking Water Act including the 1996 amendments (Public Law104-182, 42 U.S.C. 300f et seq.);
(xvii) "Source water assessment" means the delineationof the boundaries of an area from which one (1) or more public water suppliesreceive drinking water, identifying the existence of actual and potentialcontaminants which may present a threat to public health within the delineatedarea to determine the susceptibility of the public water supply in thedelineated area to such contaminants;
(xviii) "Water supply system" means a system from thewater source to the consumer premises consisting of pipes, structures andfacilities through which water is obtained, treated, stored, distributed orotherwise offered to the public for household use or use by humans and which ispart of a community water system or a noncommunity water system;
(xix) "Wyoming water development office (WWDO)" means theoffice which provides administrative and operational management of the programsadministered by the Wyoming water development commission.
16-1-302. Account established; state match.
(a) There is established the state drinking water revolvingloan account. All monies received from the federal capitalization grants,exclusive of the four percent (4%) administration set-aside as authorized undersection 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-12), and allstate matching funds shall be deposited in the account and shall only be usedto provide financial assistance as authorized by this article.
(b) The twenty percent (20%) state matching funds for eachfederal capitalization grant payment to the account shall be paid fifty percent(50%) out of water development accounts I or II created by W.S. 41-2-124(a) andfifty percent (50%) from the federal mineral royalty capital constructionaccount created by W.S. 9-4-604.
(c) Any unexpended balance in the account shall be invested bythe state treasurer and the investment proceeds, including the interest earned,shall be credited to the account.
(d) A separate administrative account shall be establishedoutside of the account for the purpose of paying administrative expensesassociated with the program as authorized under the Safe Drinking Water Act. Revenue to this account shall be limited to four percent(4%) of the federal capitalization grant through federal fiscal year 2003 andfive hundred thousand dollars ($500,000.00) per biennium thereafter.
16-1-303. Account administration; board powers and duties; departmentpowers and duties; water development office powers and duties; fiscalprocedures.
(a) The board, the department and commission are designated asthe implementing and administrative agencies for the drinking water staterevolving account and shall jointly develop a memorandum of understandingdescribing the duties and responsibilities of each agency.
(b) The board, subject to select water committee review andrecommendation of projects, shall administer the account including issuingloans and other forms of financial assistance for purposes authorized in thisarticle on the basis of a priority listing of eligible projects. The boardshall adopt reasonable rules and regulations necessary to administer theaccount within the requirements of this article, the Safe Drinking Water Actand other federal and state laws, including the content of applications,priority listing for use of funds in accordance with requirements establishedin section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12(b)),criteria for awarding, security, and terms and conditions for making loans andproviding financial assistance.
(c) The office of state lands and investments shall:
(i) Enter into an agreement with the federal environmentalprotection agency regional administrator to receive capitalization grants forthe account;
(ii) Receive, review and make recommendations to the board andthe select water committee for approval of applications for financialassistance from the account in accordance with requirements established by theboard for publicly owned water systems of municipalities, counties, jointpowers boards, state agencies, and other entities constituting a political subdivisionunder the laws of the state on forms supplied by the office of state lands andinvestments;
(iii) Administer the account and administrative account includingprocessing and receiving capitalization grants, the state match, financialassistance agreements, repayments on all financial assistance and all otheraccount revenues;
(iv) Conduct and allow the federal environmental protectionagency to conduct an annual audit;
(v) Ensure that all publicly owned water systems which arerecipients of financial assistance from the account demonstrate capacitydevelopment capabilities in compliance with section 1420 of the Safe DrinkingWater Act (42 U.S.C. 300g-9). The department and the water developmentoffice shall assist the office of state lands and investments by reviewing andmaking determinations on the adequacy of water system capacity developmentcapabilities; and
(vi) Following public input and recommendations from the waterdevelopment office and department and upon review and recommendation of theintended use plan and the project priority list by the select water committee,the state loan and investment board shall give final authorization and adoptionof the annual intended use plans and the final priority listing of eligibleprojects.
(d) The board, as a condition to making a loan or otherfinancial assistance, may impose a reasonable administrative fee or applicationfee that may be paid from the proceeds of the loan or financial assistance orother available funds of the applicant. These fees may be deposited into theadministrative account for purposes of payment of administrative costs of theprogram.
(e) The department shall:
(i) Assist the office of state lands and investment and thecommission annually with the preparation and submission to the federalenvironmental protection agency an intended use plan and the priority listingof projects eligible to receive assistance from the account which have beensubject to public comment and which identifies the intended uses of moniesavailable to the account;
(ii) Assist in the preparation and submission of a biennialreport required by the Safe Drinking Water Act;
(iii) Assist with the preparation and submission ofcapitalization grant applications;
(iv) Provide input and assistance in the evaluations on capacitydevelopment for water systems in accordance with procedures adopted pursuant tothis article;
(v) Provide operator certification and technical competency forwater systems in accordance with W.S. 35-11-302(a)(iv) to include allapplicants for financial assistance from the program; and
(vi) Ensure that all new or modified community water systems andnew or modified nontransient noncommunity water systems commencing operationafter October 1, 1999, demonstrate capacity development capabilities and byOctober 1, 2001, develop a strategy to assist all community and noncommunitywater systems in acquiring and maintaining capacity development by adoptingprocedures governing capacity development in compliance with section 1420 ofthe Safe Drinking Water Act (42 U.S.C. 300g-9). The department shall adoptprocedures to accomplish this task and shall have the authority to require new systems in noncompliance of capacity development capabilities to take steps tocorrect inadequacies or cease water system operations. The water developmentoffice shall assist the department in the review and adequacy determinations ofwater system capacity development capabilities.
(f) The commission shall:
(i) Evaluate engineering designs and studies and provide thetechnical and administrative management of contracts for all projects inaccordance with requirements of this article, state program, and the SafeDrinking Water Act;
(ii) Assist the office of state lands and investments and thedepartment annually with the preparation and submission to the federalenvironmental protection agency an intended use plan and the priority listingof projects eligible to receive assistance from the account which have beensubject to public comment and which identifies the intended uses of moniesavailable to the account;
(iii) Provide input and assistance in the evaluations of capacitydevelopment for water systems in accordance with procedures developed asauthorized by this article; and
(iv) Include in the commission's annual report to thelegislature, a report on the status of the drinking water state revolving loanfund.
(g) The office of state lands and investments and allrecipients of financial assistance from the account shall establish fiscalcontrols and accounting procedures in compliance with the Safe Drinking WaterAct.
(h) The office of state lands and investments shall require aspart of the application and approval process, that all financial assistanceapplicants obtain or ensure the certification of the operators of the publiclyowned water systems in accordance with department rules and regulations priorto obtaining financial assistance approval.
(j) The select water committee shall review and recommend forapproval project applications submitted to the committee pursuant to subsection(c)(ii) of this section.
16-1-304. Environmental review process.
(a) The department shall conduct and make available to theoffice of state lands and investments a review of potential environmentalimpacts of projects receiving assistance from the account. The environmentalreview process shall:
(i) Contain mechanisms requiring implementation of mitigationmeasures to ensure the project is environmentally sound;
(ii) Allow the public an opportunity to challenge environmentalreview determinations and enforcement actions;
(iii) Employ an interdisciplinary approach to identify andmitigate adverse environmental effects including all pertinent state andfederal authorities;
(iv) Include documentation of information, processes andpremises that influence decisions;
(v) Require public notice and participation;
(vi) Include evaluation criteria and a process allowingconsideration of alternative decisions; and
(vii) Comply with the requirements of the Safe Drinking WaterAct.
16-1-305. Authorized projects; authorized financial assistance.
(a) Subject to select water committeereview and recommendation of projects, the account may be used for financial assistance for theplanning, design and construction of projects on eligible publicly owned watersystems which may be either community or noncommunity water systems. Eligibleprojects may be comprised of improvements to all components of a water supplysystem as appropriate and permitted by the Safe Drinking Water Act.
(b) Financial assistance for the projects authorized insubsection (a) of this section may be in the forms authorized by the SafeDrinking Water Act including:
(i) Loans at or below market interest rates. Loans may beawarded only if:
(A) All principal and interest payments on loans are crediteddirectly to the account;
(B) The annual repayment of principal and payment of interestbegins not later than one (1) year after project completion;
(C) The loan is fully amortized not later than twenty (20)years after project completion or not later than thirty (30) years fordisadvantaged communities providing the period of the loan does not exceed thedesign life of the project; and
(D) Each loan recipient establishes a dedicated source ofrevenue for repayment of the loan.
(ii) Refinancing existing debt obligation of publicly ownedwater systems for planning, design and construction of water systems for whichthe initial debt was incurred and construction started after July 1, 1993;
(iii) Purchasing insurance for or guaranteeing local debtobligations to improve credit market access or reduce interest rates.
(c) An amount up to four percent (4%) of the capitalizationgrant may be used for costs of administering the account and shall be depositedinto the administrative account.
(d) Repealed By Laws 2010, Ch. 69, 204.
(e) The board may consider the use of an amount of theallowable percentage of the capitalization grant for all of the establishedset-asides provided for by the Safe Drinking Water Act.
16-1-306. Inventory of publicly owned water systems; sanitary surveys.
(a) The department and water development office shall maintainan inventory of publicly owned water systems within the state, which inventorymay consist of such information as the department and water development officedeem necessary to include information as provided by the environmentalprotection agency.
(b) The department and water development office shall conductsanitary surveys of community and nontransient noncommunity water systemswithin the state. The sanitary surveys shall be conducted no less than everyfive (5) years and information contained in the surveys shall be used inestablishing the priority ranking list for eligible projects as part of thisprogram.
(c) The costs incurred by the department and water developmentoffice to maintain the inventory of publicly owned water systems and to conductsanitary surveys may be reimbursed to the agencies from the administrativeaccount.
16-1-307. Transfer of funds.
The governor may transfer capitalizationgrant funds from the water pollution control revolving loan account establishedby W.S. 16-1-202 to the drinking water state revolving fund account created byW.S. 16-1-302 and from the drinking water state revolving fund account to thewater pollution control revolving loan account, as authorized by the SafeDrinking Water Act.
16-1-308. Emergency financial assistance.
(a) Notwithstanding any provision of W.S. 16-1-303(b) or (j) or16-1-305(a), the board may, without further select water committee review andrecommendation, authorize loans or other forms of financial assistance from theaccount for purposes authorized in this article, if the board determines:
(i) An emergency exists which significantly threatens thecontinued operation of a public water system; and
(ii) There is insufficient time to obtain select water committeereview and recommendation of the project in order to effectively address theemergency situation.