Administrative Rule Review Report  #AR09-056

Legislative Service Office

29-Sep-09

 

AGENCY:                                 Office of State Lands and Investments.

 

DATE SUBMITTED:                   September 18, 2009.

 

SUBJECT:                                 Chapter 30, Clean Water State Revolving Fund (CWSRF) Loan Program; and Chapter 31, Drinking Water State Revolving Fund (DWSRF) Loan Program.

 

NATURE OF RULES:                     Legislative, Procedural

 

STATUTORY AUTHORITY:         W.S. 16-1-203(a) and 16-1-303(b)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

 

SUMMARY OF RULES:  These new rules are necessary for the timely administration of additional federal funding for the Clean Water State Revolving Fund Loan Program and the Drinking Water State Revolving Fund Loan Program as set forth in the American Recovery and Reinvestment Act of 2009 (ARRA). 

 

More specifically, for these ARRA funds these rules provide for general policy, eligibility for loan and principal forgiveness, application procedure, evaluation, board consideration, interest rates, post award due diligence, repayment, disbursement of loan proceeds, audits and inspections, reports and program compliance.  Chapter 31 also allows for the waiver of administrative fees.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                            _______________________

                                                            Maxine R. Weaver

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

MRW/