N.H. Code Admin. R. Env-Dw 1404.04

Current through Register No. 25, June 20, 2024

Section Env-Dw 1404.04 - Applicant's Authority to Borrow

(a) For a governmental applicant, the confirmation required by Env-Dw 1404.01(a)(2) shall consist of a completed "Authority to Borrow - Public Entities", NHDES-W-03-259, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-259 or via the departments' web site at www.nh.gov, which shall constitute proof that the applicant's governing body passed or approved a valid warrant article or resolution, as applicable, that:

(1) Authorizes the applicant to:

a. Raise, appropriate, and spend the amount of funds to be requested for the identified project;

b. Apply for funding for the identified project; and

c. Enter into a binding contract to repay all funds that are received as a loan;

(2) Designates an individual, by title and name, to be the applicant's authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as may be required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Identifies, by name and title, each individual who is authorized to sign the original loan agreement and supplemental loan agreement should funds be awarded;

(4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements; and

(5) Is signed and certified as provided in Env-Dw 1404.09.

(b) For a non-governmental applicant, the confirmation required by Env-Dw 1404.01(a)(2) shall consist of a completed "Authority to Borrow", NHDES-W-03-260, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-260 or via the department's web site at www.des.nh.gov, which shall constitute proof that the applicant's governing body passed a valid resolution that:

(1) Authorizes the applicant to:

a. Apply for funding from the PFAS RLF for the identified project;

b. Enter into a binding contract to repay all funds that are received as a loan; and

c. Pledge security to the state to ensure such repayment;

(2) Designates an individual, by title and name, to be the applicant's authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Includes any other approval actions that may be required to authorize borrowing of funds;

(4) Identifies, by name and title, each individual who is authorized to sign the initial loan document, allonge, and such promissory notes and security instruments as are required to complete the pledge of security should funds be awarded;

(5) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements; and

(6) Is signed and certified as provided in Env-Dw 1404.09.

(c) A non-governmental applicant shall submit with the proof required by (b), above, copies of:

(1) The applicant's bylaws or articles of incorporation, or both, as applicable; and

(2) The approved minutes of the meeting at which the resolution was approved.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified and sealed by:

(1) The town clerk or equivalent for a governmental entity; or

(2) The board secretary or comparable official for a non-governmental entity.

N.H. Code Admin. R. Env-Dw 1404.04

Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13164, Effective 1/26/2021, Expires 1/26/2031.