Section 45.08 - Eligible Project Costs(1) Costs which the Department determines are necessary for the completion of the project are eligible for financing in the loan and to receive a subsidy under the loan.(2) Costs which the Department determines are not necessary for completion of the project are ineligible for financing in the loan.(3) Project costs incurred by an eligible borrower prior to the date of issuance of the Department's project approval certificate are not eligible for a subsidy under the loan, except as follows: (a) project design, including preliminary engineering and a project evaluation report, project construction or related professional services may be approved by the Department prior to the issuance of a project approval certificate as project costs eligible for subsidy if: 1. The eligible borrower has submitted a written and adequately substantiated request for approval;2. The Department's written approval is obtained before initiation of the project and award of any loan for the project; and3. The project is included and maintains its status on the current calendar year Intended Use Plan Project Listing.(b) The Department's prior approval of costs in accordance with 310 CMR 45.08(3)(a) does not constitute a commitment to approve financial assistance for any project. Instead, such costs will be considered eligible project costs only if a loan is made by the Trust for the project. Accordingly, an eligible borrower receiving the Department's prior approval of costs in accordance with 310 CMR 45.08(3)(a) proceeds at its own risk.(4) Costs incurred in excess of the approved project costs are not eligible for financing by the loan unless the project approval certificate and the loan are both amended to include the cost increase.(5) As a loan recipient, an eligible borrower shall exercise its best efforts to accomplish the work program set forth in the loan within the loan amount. Whenever a loan recipient reasonably believes that its project costs will exceed or be substantially less than the approved loan amount, it must promptly notify the Department in writing. The loan recipient must submit revised cost estimates for the project to the Department as soon thereafter as practicable. Neither the Department nor the Trust is under any obligation to approve costs in excess of the amount previously approved in the project approval certificate and loan.(6) The final eligible project costs shall be the eligible costs approved by the Department upon completion of the project, unless audited. If such project costs are audited, the final eligible costs shall be the eligible costs approved by the Department at the completion of the audit.Amended by Mass Register Issue S1331, eff. 1/27/2017.Amended by Mass Register Issue 1402, eff. 10/18/2019.