§39A-254  Conditions precedent to
negotiating and entering into a project agreement.  (a)  Prior to entering
into negotiations with any project party, the department shall require that the
project party shall agree to pay all fees, costs, and expenses (direct or
indirect) assessed by the department in implementing and administering this
part, as determined by the department, even though a project agreement may not
be entered into.  The department may further require the deposit of moneys with
it to pay for fees, costs, and expenses.  The department shall return any
amount of the deposit exceeding the amount required to reimburse the State to
the party that made the deposit.  The State shall not be required to pay to the
project party any interest or earnings on the deposit.



(b)  The department shall not enter into any
project agreement with respect to any project unless the department shall
determine that:



(1)  The project party is a responsible party, whether
by reason of economic assets or experience in the type of enterprise to be
undertaken through the project, or some other reason; or



(2)  The obligations of the project party under the
project agreement will be unconditionally guaranteed by a person who is a
responsible party, whether by reason of economic assets or experience in the
type of enterprise to be undertaken through the project, or some other reason.
[L 2002, c 257, pt of §1; am L 2007, c 44, §13]