Wyoming workforce housing infrastructure program.

WORKING DRAFT
2006
STATE OF WYOMING
06LSO-0163.E1

HOUSE BILL
NO.
HB0128

Wyoming workforce housing infrastructure program.

Sponsored by:
Representative(s) Lockhart, Brown, Hammons, Luthi and Martin and Senator(s) Barrasso, Cooper, Peck and Vasey

A BILL

for

AN ACT relating to economic development; establishing a program to provide funding for cities, towns, counties and joint powers boards for workforce housing infrastructure; establishing an account; providing for administration of the program and account; authorizing cooperative agreements; providing rulemaking authority; requiring a report; providing a sunset date; providing for a continuous appropriation and making other appropriations; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 9
‑
12
‑
901 through 9
‑
12
‑
905 are created to read:

ARTICLE 9
WORKFORCE HOUSING INFRASTRUCTURE PROGRAM

9
‑
12
‑
901.

Definitions.

(a)

As used in this article:

(i)

"Administrator" means the person providing professional services under contract with the state treasurer to administer the program under this article;

(ii)

"Workforce housing infrastructure" means infrastructure to a housing subdivision or development, and through a housing subdivision or development only if determined by the state treasurer to be consistent with the purposes of this article.

9
‑
12
‑
902.

Wyoming workforce housing infrastructure community program; agreements; purpose; creation; rulemaking.

(a)

It is the purpose of this article to promote development of infrastructure at the city, town and county level to create additional housing affordable to Wyoming's growing workforce and necessary for economic health and a stronger state economy. The eligibility of workforce housing infrastructure projects shall be determined on a county by county basis utilizing current average cost of housing data accumulated by each county assessor to determine affordability of home ownership and rental housing.

(b)

The program created under this article shall be administered by the state treasurer.

(c)

The state treasurer shall establish a Wyoming workforce housing infrastructure program and shall contract necessary professional services to administer the program. A city, town or county may submit an application to the state treasurer or administrator for a loan or grant under the program on forms prescribed by and subject to rules promulgated by the state treasurer. Any joint powers board may apply upon the approval of all participating agencies to the joint powers agreement.

(d)

Eligible workforce housing infrastructure projects may include:

(i)

Rights of way;

(ii)

Sewer and water distribution projects;

(iii)

Storm water control and drainage facilities;

(iv)

Streets, roads and bridges;

(v)

Curbs, gutters and sidewalks;

(vi)

Lift stations;

(vii)

Traffic signals;

(viii)

Street lighting;

(ix)

Payment for the additional costs of over-sizing water and sewer distribution lines through or to a subdivision to accommodate future expansion;

(x)

Other infrastructure determined by the state treasurer or administrator to be consistent with the purposes of this article.

(e)

Eligible workforce housing infrastructure projects shall not include:

(i)

Bringing public infrastructure to existing housing which is supplied by a well or uses a septic system;

(ii)

Refinancing of existing projects that have been financed previously with other resources;

(iii)

Financing any project eligible under the Wyoming water development program established by W.S. 41
‑
2
‑
112 through 41
‑
2
‑
124;

(iv)

Financing any project that does not provide for the construction of additional housing units or that involves rehabilitation or expansion of existing infrastructure unless the state treasurer or administrator determines the rehabilitation or expansion is necessary to meet the purposes of this article.

(f)

In adopting rules and making funds available under this article, the state treasurer or administrator shall require all projects to be related to workforce housing infrastructure development and restricted to the purposes pursuant to subsection (d) of this section, by land use restriction agreements which may include, but are not limited to liens and deed restrictions, or such other restrictions as the state treasurer may deem appropriate.

(g)

In adopting rules and making funds available under this article, the state treasurer or administrator shall provide a competitive application and scoring system adequate to measure the benefits of each application. The application scoring system shall target the projects based on ranking criteria which addresses:

(i)

The need for the proposed housing;

(ii)

The affordability of the proposed housing;

(iii)

The number of additional housing units to be developed;

(iv)

The cost of the proposed housing;

(v)

The extent of involvement of the local governmental entity;

(vi)

The extent to which the project is part of an overall community development plan;

(vii)

The extent to which the project demonstrates readiness;

(viii)

Any other criteria determined by the state treasurer to be consistent with the purposes of this article.

(h)

Funding for eligible workforce housing infrastructure projects may be by grants or loans. Loans shall be made upon forms specified by the state treasurer and supported by any collateral required by the state treasurer. The state treasurer or administrator shall establish interest rates to be charged for loans under the program. 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 state treasurer or administrator shall establish loan amortization schedules, terms and conditions for each loan approved.

(j)

Funding for eligible workforce housing infrastructure projects shall be made available to an applicant under this article, only if the applicant demonstrates that upon receipt of the funds, all projected project costs shall be funded. Funding for any one (1) project may not exceed a maximum annual amount established by rule of the state treasurer. 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 treasurer or administrator. The application shall identify the source of all funds to be used for the project.

(k)

Funding may be used to pay eligible project costs in accordance with approved applications and rules of the state treasurer.

(m)

As a condition of any loan under this article, the borrower shall agree to allow the state treasurer or administrator to examine its books and records. The state treasurer or administrator shall treat all proprietary information received in the course of the examination or audit as confidential.

9
‑
12
‑
903.

Criteria for grants and loans.

(a)

Grants, loans, loan commitments or any combination thereof shall be made under this article only:

(i)

If there are sufficient funds in the workforce housing infrastructure account to fully fund it and all other outstanding commitments and loans;

(ii)

If loan funds provided by the state are adequately collateralized. The adequacy of the collateral shall be determined by the state treasurer.

(b)

Grants shall be provided to projects as determined by the state treasurer or administrator.

(c)

The state treasurer or administrator shall establish criteria for determining the maximum grant and loan amounts and for determining grant, loan or grant and loan combinations.

9
‑
12
‑
904.

Wyoming workforce housing infrastructure program account.

(a)

There is created the workforce housing infrastructure account to be administered by the state treasurer's office.

(b)

Interest and repayments of principal on loans under this article shall be redeposited into the workforce housing infrastructure account.

(c)

Funds and accrued interest on unexpended funds within the account shall be credited to the workforce housing infrastructure account.

(d)

Funds in the account are continuously appropriated to the workforce housing infrastructure account to be used only for loans or grants authorized to be made under this article.

(e)

The total principal balance of outstanding grants and loans shall not exceed the amounts appropriated by the legislature plus interest accrued and collected less any losses of loan principal or interest.

9
‑
12
‑
905.

State treasurer duties; actions on loan and grant applications.

(a)

All complete applications to participate in the program established under this article, which conform with the criteria established by law and rules promulgated under this article, which are submitted to the state treasurer or administrator shall be considered by the state treasurer or administrator. The state treasurer or administrator shall approve or disapprove each application he considers in accordance with this article and rules promulgated by the state treasurer.

(b)

The state treasurer shall provide a written status report no later than September 1 of each year to the joint minerals, business and economic development interim committee covering the activities under this article. The report shall include:

(i)

A summary of the total investments made by the state treasurer, including:

(A)

The name of each borrower and the amount of each grant or loan;

(B)

An evaluation of the grant or loan success in providing workforce housing using appropriate performance indicators as identified by the state treasurer;

(C)

The cost of the grant or loan program to the people of Wyoming in terms of administrative and other costs associated with the program.

(c)

The state treasurer may charge applicants a fee to cover any extraordinary administrative costs of the program.

(d)

The state treasurer shall adopt rules and regulations as required to implement this article. The rules and regulations shall be adopted and filed pursuant to the Wyoming Administrative Procedure Act.

Section 2.

W.S. 9
‑
12
‑
102(a)(viii) and 9
‑
12
‑
307 are amended to read:

9
‑
12
‑
102.

Definitions.

(a)

As used in this act, the following terms have the following meanings, except where the context clearly indicates otherwise:

(viii)

"This act" means W.S. 9
‑
12
‑
101 through
9
‑
12
‑
804
9
‑
12
‑
905
.

9
‑
12
‑
307.

Penalty.

Any person who knowingly makes a false statement to the council
or state treasurer
in connection with an application under this article or
article 9 of this chapter or
who violates W.S. 9
‑
12
‑
302(c) is guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than two thousand dollars ($2,000.00), or both.

Section 3.

(a)

There is appropriated from the budget reserve account to the Wyoming workforce housing infrastructure account created by W.S. 9
‑
12
‑
904, twenty million dollars ($20,000,000.00) as a pilot project program to meet the purposes of this act. The program shall sunset June 30, 2009, and any uncommitted funds shall be returned to the budget reserve account unless the program is extended by the legislature.

(b)

There is authorized one (1) part-time contract position to the state treasurer for the purpose of implementing this act. There is appropriated from the general fund to the state treasurer seventy thousand dollars ($70,000.00) or as much thereof as is necessary to fund this one (1) position.

Section 4.

(a)

Except as otherwise provided in subsection (b) of this section, this act is effective July 1, 2006.

(b)

Subsection 3(b) of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0128