49-1274. Water supply development revolving
fund financial assistance; procedures
A. In compliance with any applicable requirements, a water provider may
apply to the authority for and accept and incur indebtedness as a result of a loan or any
other financial assistance pursuant to section 49-1273 from the water supply development
revolving fund for water supply development purposes. In compliance with any applicable
requirements, a water provider may also apply to the authority for and accept grants,
staff assistance or technical assistance for the planning or design of a water supply
development project. A water provider that applies for and accepts a loan or other
financial assistance under this article is not precluded from applying for and accepting
a loan or other financial assistance under article 2 of this chapter or under any other
law.
B. The authority, in consultation with the committee, shall:
1. Prescribe a simplified form and procedure to apply for and approve assistance.
2. Establish by rule criteria by which assistance will be awarded, including
requirements for local participation in project costs, if deemed advisable. The criteria
shall include:
(a) A determination of the ability of the applicant to repay a loan according to
the terms and conditions established by this section. At the option of the committee,
the existence of a current investment grade rating on existing debt of the applicant that
is secured by the same revenues to be pledged to secure repayment under the loan
repayment agreement constitutes evidence regarding ability to repay a loan.
(b) A determination of the applicant's legal capability to enter into a loan
repayment agreement.
(c) A determination of the applicant's financial ability to construct, operate and
maintain the project if it receives the financial assistance.
(d) A determination of the applicant's ability to manage the project.
(e) A determination of the applicant's ability to meet any applicable environmental
requirements imposed by federal or state agencies.
(f) A determination of the applicant's ability to acquire any necessary regulatory
permits.
3. Determine the order and priority of projects assisted under this section based
on the merits of the application with respect to water supply development issues,
including the following:
(a) Existing, near-term and long-term water demands of the water provider compared
to the existing water supplies of the water provider.
(b) Existing and planned conservation and water management programs of the water
provider.
(c) Benefits of the project.
(d) The sustainability of the water supply to be developed through the project.
(e) The water provider's need for financial assistance.
(f) The cost-effectiveness of the project.
C. The committee shall review on its merits each application received and shall
inform the applicant of the committee's determination within ninety days after receipt of
a complete and correct application. If the application is not approved, the committee
shall notify the applicant, stating the reasons. If the application is approved, the
committee may condition the approval on assurances the committee deems necessary to
ensure that the financial assistance will be used according to law and the terms of the
application.
D. On approval of an application under this section by the committee, the authority
shall use monies in the water supply development revolving fund to finance the project.
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