HB0006 • 2022

ARPA funds for water and wastewater projects.

AN ACT relating to water and wastewater projects; establishing a program to fund water and wastewater projects; providing an appropriation; requiring rulemaking; providing for reports; and providing for effective dates.

Budget

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Water
Last action: 2022-03-11
Official status: inactive
Effective date: 3/1/2022

Plain English Breakdown

The bill was marked as inactive, meaning it did not become law.

ARPA Funds for Water Projects

This act establishes a program using American Rescue Plan Act funds to provide grants for water and wastewater projects in Wyoming.

What This Bill Does

Creates the Wyoming statewide American Rescue Plan Act (ARPA) water infrastructure program to fund eligible water and wastewater projects.
Establishes an application process for entities to apply for grant funding, including deadlines and required documentation.
Requires the Wyoming water development office to evaluate and prioritize applications before recommending them to the Wyoming water development commission for final approval.
Sets a limit on grants at 85% of project costs or $7.5 million, whichever is less.
Requires entities receiving grants to comply with ARPA requirements and be responsible for ongoing maintenance and any additional costs.

Who It Names or Affects

Entities eligible for funding under the American Rescue Plan Act, such as local governments and water utilities.
The Wyoming water development office, which will administer the grant program.
Local communities that benefit from funded projects.

Terms To Know

American Rescue Plan Act funds: Money given to states by the federal government through the American Rescue Plan Act of 2021 for various purposes, including infrastructure improvements.
Eligible project: A water or wastewater improvement project that meets criteria set by the American Rescue Plan Act and is approved under this program.

Limits and Unknowns

The bill died in committee, so it did not become law.
Details about specific projects to receive funding were added but later removed from the bill text.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0006H2001

2nd reading • Representative Sherwood

Failed

Plain English: The amendment adds a provision to prioritize certain grant applications for water and wastewater projects in specific towns.

Adds language that the Wyoming Water Development Office must prioritize evaluating grant applications from Fort Laramie, Mills, and Yoder for their respective water system improvements.
Specifies exact amounts of grants for each town: $509,786.00 for Fort Laramie, $919,890.00 for Mills, and $93,000.00 for Yoder.

The amendment text does not explain how other grant applications will be prioritized or evaluated outside of the specified towns.
It is unclear what criteria are used to prioritize these specific applications over others.

HB0006HS001

Standing Committee • House Appropriations Committee

Adopted

Plain English: The amendment changes how reports are handled for water and wastewater projects funded by the State Fiscal Recovery Fund instead of the Capital Projects Fund.

Adds a requirement to provide reports after rulemaking.
Changes 'Capital Projects Fund' to 'State Fiscal Recovery Fund'.
Modifies language related to reporting requirements, including changing 'may' to 'shall', and specifying what needs to be reported.

The amendment text is technical and some changes are difficult to interpret without additional context.

Bill History

2022-03-11 Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
2022-03-08 Senate
S No report prior to CoW Cutoff
2022-03-01 Senate
S02 - Appropriations:Do Pass Failed 2-3-0-0-0
2022-02-24 Senate
S Introduced and Referred to S02 - Appropriations
2022-02-24 Senate
S Received for Introduction
2022-02-24 House
H 3rd Reading:Passed 52-7-1-0-0
2022-02-23 House
H 2nd Reading:Passed
2022-02-22 House
H COW:Passed
2022-02-17 House
H Placed on General File
2022-02-17 House
H02 - Appropriations:Recommend Amend and Do Pass 7-0-0-0-0
2022-02-15 House
H Introduced and Referred to H02 - Appropriations 53-7-0-0-0
2022-02-11 House
H Received for Introduction
2021-12-09 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

22LSO-0240
2022
STATE OF WYOMING
22LSO-0240
ENGROSSED
3.0

CORRECTED COPY

HOUSE BILL NO. HB0006

ARPA funds for water and wastewater projects.

Sponsored by: Select Water Committee

A BILL

for

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

Section 1
.

(a)

As used in this act:

(i)

"American Rescue Plan Act funds" means funds appropriated or disbursed to the state of Wyoming through the Coronavirus State Fiscal Recovery Fund established under section 602 of title VI of the federal Social
Security Act, as created by section 9901 of the American Rescue Plan Act of 2021, P.L. No. 117-2;

(ii)

"Entity" means a person or entity eligible for funding pursuant to the American Rescue Plan Act of 2021, subject to any further eligibility requirements or prioritization developed by the Wyoming water development office;

(iii)

"Eligible project" means those categories and types of projects authorized to receive funding pursuant to the American Rescue Plan Act of 2021, P.L. No. 117-2.

(b)

The Wyoming statewide American Rescue Plan Act water infrastructure program is hereby created. The Wyoming water development office shall establish and administer this temporary program for the purpose of providing grants to entities for eligible projects. The office of state lands and investments and department of environmental quality shall consult with and provide technical assistance
to the Wyoming water development office in the establishment and administration of this temporary program. The directors of the Wyoming water development office, office of state lands and investments and department of environmental quality may establish an informal working group to facilitate any consultation and technical assistance between the three agencies. Grants shall be awarded under this act in accordance with the following:

(i)

The Wyoming water development office, in consultation with the office of state lands and investments and the department of environmental quality, shall develop an application process, including required documentation and application deadlines, for entities to apply to receive a grant under this act for eligible projects. Any entity may apply for grant funding pursuant to the application process established by the office. Upon receipt of an application, the Wyoming water development office, in consultation with the office of state lands and investments and the department of environmental quality, shall review applications to determine whether the project for which an
entity has submitted an application is an eligible project. The water development office may require an applicant entity to submit any additional information necessary to determine project eligibility;

(ii)

The Wyoming water development office shall evaluate and prioritize eligible projects for recommendation to the Wyoming water development commission, including a recommended grant award amount. The Wyoming water development office, in consultation with the office of state lands and investments and department of environmental quality, shall develop criteria to evaluate and prioritize projects and grant funding, provided that grants awarded for each eligible project shall not exceed eighty-five percent (85%) of the estimated project costs or seven million five-hundred thousand dollars ($7,500,000.00), whichever is less;

(iii)

Upon determination by the Wyoming water development office that an entity has submitted a grant application for an eligible project, the water development
office shall forward the determination of eligibility and potential prioritization, including funding recommendation, to the Wyoming water development commission. The Wyoming water development commission shall make the final decision regarding approval and prioritization of the eligible project for inclusion in the program and grant award amounts;

(iv)

The Wyoming water development commission and Wyoming water development office shall report the approved projects and awarded grant amounts to the select water committee;

(v)

Decisions of the Wyoming water development commission, Wyoming water development office, office of state lands and investments and department of environmental quality relating to determinations of project eligibility and prioritization, including recommendations relating to grant award amounts, are specifically exempt from all provisions of the Wyoming Administrative Procedure Act
including provisions for judicial review under W.S. 16
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3
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114 and 16-3-115;

(vi)

Subject to federal law, a grant awarded under this act shall be conditioned upon an entity agreeing to be responsible for:

(A)

Compliance with all requirements of the American Rescue Plan Act of 2021, P.L. No. 117-2;

(B)

The operation and maintenance of the project;

(C)

All project expenditures in excess of the total project grant award amount;

(D)

Repaying the entirety, or a portion, of the grant award if the entity abandons completion of the project, or if a portion of the project is ultimately determined to be ineligible for American Rescue Plan Act funds;

(E)

Any additional consideration deemed necessary by the Wyoming water development office to protect the use of public funds;

(F)

Expending grant funds prior to December 1, 2026.

(c)

The Wyoming water development office shall report to the joint appropriations committee a summary of grants awarded under this act.

(d)

Grants under this act shall be awarded prior to October 1, 2024. The program shall terminate on December 30, 2026.

Section 2
.

The Wyoming water development office shall promulgate rules necessary to administer the program authorized by this act. The office of state lands and investments and the department of environmental quality may
promulgate rules necessary to assist with the program authorized by this act.

Section 3.

There is appropriated to the Wyoming water development office ninety-five million dollars ($95,000,000.00) from any unexpended, unobligated American Rescue Plan Act funds that were appropriated in 2021 Wyoming Session Laws, Chapter 166, Section 5(b). This appropriation is for purposes of this act and that are consistent with the terms of the American Rescue Plan Act, excluding the provision of government services related to a reduction in revenue. Any unexpended, unobligated funds remaining from this appropriation on October 1, 2024, may be transferred and expended upon approval by the governor for any other purposes authorized by the legislature and consistent with the terms of the American Rescue Plan Act.

Transfers and expenditures under this section shall be reported to the legislature through the B-11 process as authorized by W.S. 9
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2
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1005(b)(ii) and reported pursuant to W.S. 9-2-1013(b).

Section 4
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2022.

(b)

Sections 2 and 4 of this act
are 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)

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