Title 3 . Commerce, Community, and Economic Development

Chapter 107 . Financial and Technical Assistance for Energy Systems, Facilities, and Equipment

Section 330. Grant application

3 AAC 107.330. Grant application

(a) A person who wishes to receive a grant under 3 AAC 107.300 - 3 AAC 107.430 must submit an application to the authority. The application must be dated and must

(1) state the legal name of the applicant and the legal authority under which the applicant was created;

(2) include sufficient information about the applicant to demonstrate to the satisfaction of the authority that the applicant is eligible to receive a grant from the fund;

(3) include a certified copy of the resolution or other official action by the governing body of the applicant authorizing the application for a grant;

(4) state the name, title, and address of the official correspondent or representative of the applicant for purposes of the application;

(5) state the names and titles of the principal officers, including the chief executive officer or general manager, of the applicant;

(6) state the name and address of the engineer, legal counsel, financial advisor or consultant, and other advisors or consultants that the applicant has for the project for which the grant is requested, including management, engineering, design, and economic advisors and consultants;

(7) state the amount of the grant requested;

(8) provide a general description of the use to which the grant proceeds will be applied, including

(A) the location of the project for which the grant is requested;

(B) a comprehensive statement clearly demonstrating public need for the project and the project's eligibility for financing with money from the fund;

(C) the proposed allocation of grant proceeds to each purpose or phase of the project and a schedule for the beginning and completion of each phase of the project;

(9) include a statement identifying all other money sources and amounts, and anticipated commitment dates for each source, and demonstrate to the satisfaction of the authority that the applicant's project cannot be completed without the requested grant;

(10) provide information that demonstrates to the satisfaction of the authority that the project is technically feasible and that demonstrates, as described in (c) of this section, that the project is economically feasible;

(11) provide information that demonstrates to the satisfaction of the authority that the applicant has obtained or will obtain all permits, certificates, or other authorizations from any federal, state, or local agency necessary to begin, complete, and operate the project within the schedule provided for the project;

(12) unless otherwise required by the authority, provide financial statements of the applicant that demonstrate that the applicant is financially capable of owning or operating the project for which the grant is requested and of using the grant proceeds in accordance with the terms of the grant; the financial statements must include balance sheets and profit-and-loss statements and must be certified by an independent certified public accountant;

(13) in the case of an investor-owned electric utility, provide a business history of any person owning or controlling 10 percent or more of the applicant's stock or business and, if necessary, other information demonstrating to the satisfaction of the authority that the applicant is capable of successfully owning and operating the project;

(14) include information sufficient in the determination of the authority to establish the total cost of the project;

(15) include a description of the project; and

(16) include information sufficient in the determination of the authority to demonstrate that at least 25 percent of the total cost of the project will be paid with money derived from a source other than the fund; contributions in a form other than money do not satisfy the requirements of this paragraph.

(b) In addition to the information described in (a) of this section, the authority may require information that the authority considers necessary or desirable in order to determine whether a grant request meets the requirements of AS 42.45.100 and 42.45.180 and 3 AAC 107.300 - 3 AAC 107.430. To be considered for a grant, an applicant must provide any required additional information within the time established by the authority.

(c) To demonstrate economic feasibility for purposes of (a)(10) of this section, an applicant shall project the operating and capital costs of the applicant's utility both with and without the proposed project for which the grant is requested. The authority shall review that information to determine whether there are savings to the applicant that would result from the proposed project and to determine the amount of the savings relative to the size of the requested grant for purposes of ranking the application under 3 AAC 107.340(c) .

(d) The executive director of the authority may waive some or all of the requirements of (a) of this section if the executive director of the authority determines that (1) the requirement to be waived is not necessary to enable the authority to determine the eligibility of the grant application under AS 42.45.100 and 42.45.180; (2) the waiver is necessary to avoid hardship in the community served or to be served by the project for which the grant is requested; or (3) the authority has other sources of information that it can use in reviewing the application in place of the requirement to be waived or the authority will be able to adequately analyze the eligibility of the applicant in the absence of that information.

History: Eff. 6/29/94, Register 131; am 11/25/94, Register 132

Authority: AS 42.45.100

AS 42.45.180

AS 44.83.080