Wyoming community infrastructure program.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0465

SENATE FILE
NO.
SF0111

Wyoming
community infrastructure program.

Sponsored by:
Senator(s) Meier and Von Flatern and Representative(s) Martin

A BILL

for

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

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

Section 1.

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

ARTICLE 9
COMMUNITY INFRASTRUCTURE PROGRAM

9
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12
‑
901.

Definitions.

(a)

As used in this article:

(i)

"Administrator" means the person providing professional services under contract with the
Wyoming
business council to administer the program under this article;

(ii)

"Oversizing infrastructure" means enlarging infrastructure to a housing subdivision or development, or through a housing subdivision or development only if determined by the council to be consistent with the purposes of this article.

9
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12
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902.

Wyoming
community infrastructure 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 to
Wyoming
's growing workforce and necessary for economic health and a stronger state economy.

(b)

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

(c)

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

(d)

Eligible oversizing infrastructure projects shall include, without limitation:

(i)

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

(ii)

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

(e)

Eligible oversizing infrastructure projects shall not include:

(i)

Rights of way;

(ii)

Streets, roads and bridges;

(iii)

Curbs, gutters and sidewalks;

(iv)

Traffic signals;

(v)

Parks;

(vi)

Street lighting;

(vii)

Public space improvements;

(viii)

Landscaping;

(ix)

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

(x)

Financing any project that does not provide for the construction of additional infrastructure or expansion of existing infrastructure unless the council or administrator determines the additional infrastructure or expansion of existing infrastructure is necessary to meet the purposes of this article.

(f)

In adopting rules and making funds available under this article, the council or administrator shall require all projects to be related to oversizing infrastructure development and restricted to the purposes pursuant to subsection (d) of this section, by land use restriction agreements or such other restrictions as the council may deem appropriate.

(g)

In adopting rules and making funds available under this article, the council 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 oversizing infrastructure;

(ii)

The affordability of the proposed oversizing infrastructure;

(iii)

The amount of additional infrastructure to be developed;

(iv)

The cost of the proposed oversizing infrastructure;

(v)

The extent of involvement of the local governmental entity;

(vi)

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

(vii)

The extent to which the oversizing project demonstrates readiness;

(viii)

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

(h)

Funding for eligible
Wyoming
community infrastructure projects shall be by loans. Loans shall be made upon forms specified by the council and supported by any collateral required by the council. The council 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 council or administrator shall establish loan amortization schedules, terms and conditions for each loan approved.

(j)

Funding for eligible
Wyoming
community 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 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 council. 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 council.

(m)

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

9
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12
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903.

Criteria for loans.

(a)

Loans shall be made under this article only:

(i)

If there are sufficient funds in the
Wyoming
community infrastructure account to fully fund it and all other outstanding loans;

(ii)

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

(b)

The council shall establish criteria for determining the maximum loan amounts.

9
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12
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904.

Wyoming
community infrastructure program account.

(a)

There is created the
Wyoming
community infrastructure account to be administered by the council.

(b)

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

(c)

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

(d)

Funds in the
Wyoming
community infrastructure account are continuously appropriated to the
Wyoming
community infrastructure account to be used only for loans authorized to be made under this article.

(e)

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

9
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12
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905.

Wyoming
business council duties; actions on loan 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 council or administrator shall be considered by the council or administrator. The council or administrator shall approve or disapprove each application considered in accordance with this article and rules promulgated by the council.

(b)

The council 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 loans made by the council, including:

(A)

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

(B)

An evaluation of the loan success in providing oversizing infrastructure using appropriate performance indicators as identified by the council;

(C)

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

(c)

The council may charge applicants a fee to cover any administrative costs of the program.

(d)

The council 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
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12
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102(a)(viii) and 9
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12
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307 are amended to read:

9
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12
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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
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12
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101 through
9
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12
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804
9
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12
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905
.

9
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12
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307.

Penalty.

Any person who knowingly makes a false statement to the council in connection with an application under this article or
article 9 of this chapter or
who violates W.S. 9
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12
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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
community infrastructure account created by W.S. 9
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12
‑
904, twenty million dollars ($20,000,000.00) to meet the purposes of this act.

(b)

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

Section 4.

This act is effective July 1, 2006.

(END)

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SF0111