Section 408.55074 - Loans: Application required; Executive Director to review applications; required terms of loans; Bank to determine form and content of applications, financing agreements and loan obligations; federal requirements1. A qualified borrower that wishes to obtain a loan or other financial assistance from the Bank to develop, construct, repair, improve, operate, maintain, decommission or own an eligible project must apply to the Bank in the manner prescribed by the Bank.2. The Executive Director shall: (a) Review each application and determine whether the application is for an eligible project; and(b) At the request of the Board of Directors, submit information to the Board of Directors concerning any eligible project.3. The Board of Directors shall, from time to time, designate qualified projects from among the eligible projects. The Board of Directors may give preference to an eligible project that has demonstrated local financial support.4. The Bank may provide a loan and other financial assistance to a qualified borrower to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance may not exceed the anticipated useful life of the qualified project. A loan or other financial assistance may be provided in anticipation of reimbursement for or direct payment of all or part of the eligible costs of a qualified project. For purposes of this subsection, the anticipated useful life of a K-12 school facility must not be deemed to be longer than 50 years.5. The Bank shall determine the form and content of a loan application, financing agreement or loan obligation, including, without limitation: (a) The period for repayment and the rate or rates of interest on a loan; and(b) Any nonfinancial provisions included in a financing statement or loan obligation, including, without limitation, terms and conditions relating to the regulation and supervision of a qualified project. Such form and content must substantially conform with the documents typically used for such transactions.
6. The terms and conditions set forth in a financing agreement or loan obligation for a loan or other financial assistance provided by the Bank using money from a federal account must comply with all applicable federal requirements.7. If a loan is made to a school district, the Bank may fix the rate of interest of the loan at 0 percent if the school district demonstrates to the Board of Directors that the school district has financial constraints that would not allow the school district to repay a loan with a rate of interest fixed according to the standards otherwise used by the Bank.Added to NRS by 2017, 4133; A 2021, 3814, 3816Amended by 2023, Ch. 463,§11.5, eff. 7/1/2023.Amended by 2021, Ch. 553,§20, eff. 7/1/2021.Amended by 2021, Ch. 553,§17, eff. 7/1/2021.Added to NRS by 2017, 4133, effective on the date on which the Director of the Department of Transportation notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient money is available to capitalize and carry out the business of the Nevada State Infrastructure Bank created by NRS 408.55069