Administrative Rule Review Report  #AR10-032

Legislative Service Office

21-June-10

AGENCY: Wyoming Business Council.

DATE SUBMITTED: June 16, 2010.

SUBJECT: Chapters 1 through 5, Wyoming Community Development Block Grant Program.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 9-1-216 and 9-12-104(a)(iv).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: 

The Wyoming Administrative Procedure Act does not apply generally to the Wyoming Business Council.  W.S. 9-12-103(g).  However, W.S. 9‑12‑104(a)(iv) provides that rules adopted by the Business Council will be submitted to the Management Council for review.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES: 

The community development block grant program is a federally funded program.  Pursuant to 1998 Wyoming Session Laws, Chapter 6 and W.S. 9-1-216, the administration of this program has been assigned to the Wyoming Business Council.  This program is not the state funded business ready community program.  These rules implement the 2010 Community Development Block Grant Program. 

More specifically, Chapter 1 removes obsolete dates and references.

Chapter 2 increases the maximum award for downtown development grants from $300,000 to $500,000; increases the cost per job criteria, increases the maximum economic development infrastructure grants from $300,000 to $500,000; increases the cost per jobs criteria from a maximum of $20,000 per job to $35,000 per job; identifies three types of planning grants available as community development and economic development plans, housing plans and feasibility studies and adds non-profit enterprises as eligible for technical assistance grants.

Chapter 3 regarding the Wyoming Community Development Authority Housing Program is repealed while Agency staff considers how to proceed with Community Development Block Grant funding for housing activities.

Chapter 4 identifies community development grants as for public infrastructure, public facilities and public accessibility grants; increases the maximum grant on community development public infrastructure and public facilities from $300,000 to $500,000 and establishes the maximum award for public accessibility grants at $300,000.

Administrative Rule Review Report  #AR10-032

Legislative Service Office

21-June-10

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.

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                                                                        Maxine R. Weaver

                                                                        Staff Attorney

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Lynda G. Cook

Staff Attorney

MRW/