029-9 Wyo. Code R. §§ 9-5 - Projects Awarded Funds

(a) Emergency water project account funds shall not be released for an approved project until the Commission has recommended funding the project and the State Loan and Investment Board has approved funding the project. Unless otherwise authorized by the Commission, emergency water project account funds shall also not be released until the EWP Sponsor has executed a project agreement (and when applicable, a note and a security agreement) with the Commission. Construction of the project and construction administration/inspection shall commence upon the Office's issuance of a notice to proceed.

(b) Once the project agreement is in effect, the EWP Sponsor shall submit to the Office all eligible expenses for reimbursement. Upon review and approval of the Office, reimbursement of eligible expenses shall be distributed to the EWP Sponsor. Consideration of reimbursement of expenses incurred prior to execution of the project agreement will be at the sole discretion of the Commission.

(i) Emergency Water Project eligible expenses include professional services, materials, and labor necessary during, and immediately following, a disaster to restore operation, minimize the extent of damage or to protect remaining facilities. Incidental expenses for the temporary repair of facilities damaged as a direct result of the disaster and to restore temporary functionality, even if reduced, may be eligible. In evaluating the eligibility of expenses, the Office shall consider, among other factors, if incurred expenses were undertaken with proper consideration for the appropriate scope and timeline needed to conduct temporary repairs, and that the intent of emergency water projects account funds is not to repair damage as a result of a preexisting, non-disaster related or inherently deficient condition; nor is it the intent of these funds to fully rehabilitate pre-disaster functionality or condition.

(c) The Commission may review, modify, or terminate emergency water projects or their funding at any time after approval. However, to increase the emergency water projects account funding for an ongoing emergency water project, the Commission must make a recommendation to the State Loan and Investment Board and the Board must review and approve that recommendation prior to release of the additional funds.

(d) Funding for an emergency water project shall cease when:

(i) The Commission determines the project is complete;

(ii) The Commission determines a suitable temporary fix is complete and services are temporarily restored;

(iii) The Commission determines the project costs are no longer eligible; or

(iv) Additional funding becomes available through the Water Development Program or other sources.

(e) Except as otherwise specifically provided by the Commission, each emergency water project shall be subject to the following general conditions:

(i) Each EWP Sponsor shall offer security for the emergency water project loan as deemed adequate and acceptable to the Attorney General;

(ii) The Office shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section. The date project benefits accrue to the EWP Sponsor, for purposes of triggering loan repayment schedules, shall be determined by the Commission;

(iii) Each EWP Sponsor or their representative shall supervise design and construction of the emergency water project and submit all requests for payment to the Office for approval. Upon review and approval of the Office, reimbursement of eligible expenses shall be distributed to the EWP Sponsor;

(iv) EWP Sponsors shall not make construction funding commitments until after the Office provides written concurrence to construction budgets and construction plans;

(v) The Commission and the Office shall make payments directly to the EWP Sponsor;

(vi) The EWP Sponsor shall be responsible for operation and maintenance of the emergency water project;

(vii) The EWP Sponsor is responsible for all emergency water project expenditures in excess of the approved total project budget and any non-eligible expenses;

(viii) If the Commission determines that any EWP Sponsor has, without good cause, abandoned completion of the emergency water project, that EWP Sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended, unless offset by any funds contributed to the voluntary pool program, plus interest as established by the State Auditor in an amount equal to the interest that would have accrued on the expended grant funds in the emergency water projects account from the date of expenditure; and

(ix) The EWP Sponsor shall comply with its applicable laws and procedures to procure construction and professional services.

Notes

029-9 Wyo. Code R. §§ 9-5

Amended, Eff. 11/20/2020.