reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 103 - Arctic Infrastructure Development Program › 3 AAC 103.140 - Other fees and charges

Current through May 31, 2024
(a) Upon the
				issuance of written notification by the authority to the applicant that the
				application is complete, an application fee in the amount described in (b) of
				this section is due. No application will be given further consideration without
				payment of this fee. The application fee is non-refundable but may be credited
				against the commitment fee if the requested financing is approved.
(b) The application fee is
(1) $5,500 for a loan or guarantee of less
				than $10,000,000;
(2) $11,000 for a
				loan or guarantee from $ 10,000,000 to $20,000,000;
(3) $22,000 for a loan or a guarantee in
				excess of $20,000,000.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 103 - Arctic Infrastructure Development Program › 3 AAC 103.150 - Appeal of rejection

Current through May 31, 2024
An applicant for any financing that submitted a final
				  application which is not approved by the authority may appeal to the board by
				  filing a written notice of appeal with the executive director not later than 20
				  working days after being notified in writing of the rejection. The board may
				  allow the applicant to make a presentation on its appeal or the board may limit
				  its consideration of the appeal to the documents submitted to the authority by
				  the applicant before the date of the rejection of the application. The decision
				  of the board to reject an appeal will constitute the authority's final decision
				  on the application.
Even though the adoption of 3 AAC 103.150 was effective
					 12/3/2015, it was not published until Register 218, July
					 2016.
Authority:
AS
					 44.88.085
AS 44.88.800
AS 44.88.820
AS 44.88.830
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 103 - Arctic Infrastructure Development Program › 3 AAC 103.160 - Closing and disbursement of funds

Current through May 31, 2024
Upon written certification by both the authority and the
				  applicant that all provisions of the commitment letter have been satisfied, the
				  financing will be scheduled for closing and, if a loan transaction, for
				  disbursement of proceeds. If the financing is a guarantee, then the authority,
				  at the time of closing, will deliver its guarantee to the applicant, or where
				  appropriate, to the applicant's third-party lender or bond trustee or to the
				  closing agent handling the financing transaction between the applicant and its
				  third-party lender.
Even though the adoption of 3 AAC 103.160 was effective
					 12/3/2015, it was not published until Register 218, July
					 2016.
Authority:
AS
					 44.88.085
AS 44.88.800
AS 44.88.820
AS 44.88.840
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 103 - Arctic Infrastructure Development Program › 3 AAC 103.170 - Post-closing matters

Current through May 31, 2024
The authority may require in the financing agreement or other
				  closing documents signed by the applicant that the applicant periodically
				  provide financial, operational, or other information to the authority over the
				  term of the financing. The authority, or its designated agent, may periodically
				  review the Arctic infrastructure development and may require the applicant to
(1) permit an on-site visit and
				inspection of the Arctic infrastructure development by the authority or its
				agent;
(2) provide updated
				financial, operational, or other information on the applicant or the Arctic
				infrastructure development.
Even though the adoption of 3 AAC 103.170 was effective
					 12/3/2015, it was not published until Register 218, July
					 2016.
Authority:
AS
					 44.88.085
AS 44.88.800
AS 44.88.820
AS 44.88.830
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 103 - Arctic Infrastructure Development Program › 3 AAC 103.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise,
(1) "appraised value" means
				any valuation methodology acceptable to the authority, including comparable
				sale valuation, replacement cost valuation and produced by any third-party
				evaluators deemed appropriate by the authority;
(2) "Arctic" has the meaning given in
				AS
				44.88.900;
(3) "Arctic infrastructure development" has
				the meaning given in
				AS
				44.88.900;
(4) "Arctic infrastructure development
				program and fund" means the Arctic infrastructure development program and fund
				established by
				AS
				44.88.800 -
				44.88.840;
(5) "authority" means the Alaska Industrial
				Development and Export Authority;
(6) "board" means the board of the Alaska
				Industrial Development and Export Authority;
(7) "capital costs" means the one-time costs
				associated with the acquisition or construction of an Arctic infrastructure
				development, including the price of purchased assets such as land, equipment,
				or other materials incorporated into the facility, the cost of site
				preparation, permits, construction of the facility and designing and planning
				the construction, and the cost of financing, including legal, financial,
				underwriting, insurance, and other transactional expenses as may necessarily be
				incurred; capital costs may also include interest payments financed during the
				construction and start-up period of the Arctic infrastructure
				development;
(8) "executive
				director" means the executive director of the Alaska Industrial Development and
				Export Authority.
(9) "financing"
				means either a loan or a guarantee of a loan or bond or a financing arrangement
				subject to the limitations on financing in
				AS
				44.88.840;
(10) "guarantee" means an agreement pledging
				assets of the Arctic infrastructure development program fund to pay the
				regularly scheduled principal and interest due on a loan or bond made for an
				Arctic infrastructure development, subject to conditions set out in the
				guarantee;
(11) "loan" means an
				extension of credit by the authority or a third-party lender to an applicant or
				for an Arctic infrastructure development;
(12) "mortgage" means a mortgage, deed of
				trust, or other security instrument encumbering real property or an interest in
				real property;
(13) "working day"
				does not include a Saturday, Sunday, or state holiday.
Even though the adoption of 3 AAC 103.900 was effective
					 12/3/2015, it was not published until Register 218, July
					 2016.
Authority:
AS
					 44.88.085
AS 44.88.800
AS 44.88.810
AS 44.88.820
AS 44.88.830
AS 44.88.840
AS 44.88.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 1 - Administrative Provisions › 3 AAC 105.010 - Scope of regulations

Current through May 31, 2024
This chapter applies to applicable programs and activities
					 of the Alaska Energy Authority.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 1 - Administrative Provisions › 3 AAC 105.020 - Administration of assistance from other sources

Current through May 31, 2024
The authority may apply for, accept, and administer
					 financial and other assistance from public agencies and private sources for the
					 construction, financing, operation, and maintenance of power projects and for
					 bulk fuel, waste energy, energy conservation, energy efficiency, and
					 alternative energy facilities, equipment, or programs that are consistent with
					 applicable provisions of AS 42.45, AS 44.83, this chapter, and 3 AAC 106 - 3
					 AAC 108. The authority may accept conditions placed on federal and other state
					 assistance that do not conflict with applicable provisions of AS 42.45, AS
					 44.83, this chapter, and 3 AAC 106 - 3 AAC 108.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 2 - Operation of Projects › 3 AAC 105.300 - Operation of power projects

Current through May 31, 2024
(a) The provisions
				  of this section and
				  3 AAC 105.310 apply only to those projects that were
				  acquired or constructed under
				  AS
				  44.83.080(18) or that were
				  acquired or constructed by the authority before August 11, 1993 and authorized
				  as part of the energy program for this state under former
				  AS
				  44.83.380. The authority will operate the
				  projects using (1) a qualified contractor; or (2) under a contract or lease
				  with the authority; a qualified utility.
(b) An electric utility or a qualified
				  contractor may apply to operate a power project under (a) of this section by
				  submitting a written proposal. The proposal must contain the following
				  information:
(1) to be considered a ualified
				  utiliy within the meaning given in AS 44.33.425 proof that the utility or
				  utilities established as an electric operating entity are holders of a
				  certificate of public convenience and necessity issued by the Regulatory
				  Commission of Alaska to serve all or part of the area that is, or is intended
				  to be, served by the power project;
(2) the legal name of the utility or electric
				  operating entity and the legal authority under which it was created and other
				  information that will demonstrate that the applicant is eligible to do business
				  in this state;
(3) a record of the
				  official action taken by the applicant's governing body authorizing the
				  proposal;
(4) the name, title, and
				  address of the applicant's official correspondent or representative for
				  purposes of the proposal;
(5) the
				  names and titles of the applicant's principal officers, including the chief
				  executive officer and the general manager;
(6) the names and addresses of the engineers,
				  legal counsel, financial advisers, or consultants that the applicant may
				  have;
(7) a general description of
				  the operations of the electric utility or electric operating entity, including
				  a recent history of the costs of operating, maintaining, and replacing
				  equipment on those operations; and
(8) an estimate of the annual costs to
				  operate, maintain, and replace equipment on the power project.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 2 - Operation of Projects › 3 AAC 105.310 - Wholesale power rate

Current through May 31, 2024
The wholesale power rate for a project described in
					 3 AAC 105.300 will be set annually in accordance with
					 the applicable power sales agreement.
Authority:
AS
						44.83.080
AS
						44.83.398
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.410 - Real property; fair market value

Current through May 31, 2024
Except for real property disposed of under
					 3 AAC 105.420, the authority will obtain an appraisal
					 from a licensed appraiser to assist in the determination of the fair market
					 value for disposal of real property.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.420 - Real property; less than fair market value

Current through May 31, 2024
Unless otherwise required by law or contract, the
					 disposition of property under this section to the state, an agency of the
					 state, a municipality, a utility, or a non-profit corporation that is exempt
					 from federal income tax under
					 26 U.S.C.
					 501(c)(3), in the discretion
					 of the executive director may be for less than fair market value. An appraisal
					 is not required for the disposal of property under this
					 section.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.430 - Personal property disposition

Current through May 31, 2024
The property officer appointed under
					 3 AAC 105.400(b) will act on behalf of
					 the authority in all matters pertaining to the disposition of personal
					 property. An employee of the authority may not transfer or otherwise dispose of
					 personal property of the authority without the express written authorization of
					 the property officer appointed under
					 3 AAC 105.400(b).
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.440 - Notice

Current through May 31, 2024
(a) The authority will give notice of its
				  intention to dispose of property under
				  3 AAC 105.400, in the case of a
(1) real property disposition, at least 30
				  days before the disposition; or
(2)
				  personal property disposition, at least seven days before the
				  disposition.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.450 - Survey and appraisal

Current through May 31, 2024
If the authority disposes of real property, the authority
					 will, in its discretion, require the person or entity acquiring the property to
					 pay for costs of surveying and appraising the property as part of the
					 disposition.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.460 - Rejection of application or bids

Current through May 31, 2024
The authority will, in its discretion, reject an
					 application, or all bids, in whole or in part in connection with a property
					 disposition under
					 3 AAC 105.400 if it is in the best interests of the
					 state.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.470 - Appeal

Current through May 31, 2024
An applicant or bidder aggrieved by the authority's
					 rejection of an application or bid, or the selection of a successful bidder,
					 may appeal to the executive director within five working days after the
					 authority's determination. The appeal must be filed in duplicate and state the
					 grounds for the appeal. The executive director shall review the file and the
					 aggrieved person's appeal and issue a written decision within 90 days after
					 receipt of the appeal. The decision of the executive director is a final
					 administrative order.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 3 - Disposition of Assets › 3 AAC 105.480 - Completion of bid requirements

Current through May 31, 2024
After the time for appeal under
					 3 AAC 105.470 has run, or after the executive director
					 has issued a decision under that section, the authority will notify the
					 successful applicant or bidder that the authority intends to proceed with the
					 transfer of the property to that applicant or bidder. Within 30 days after
					 receiving notice of the authority's intent, the applicant or bidder must pay to
					 the authority any amount due and submit any documents required to comply with
					 the provisions of
					 3 AAC 105.400 -
					 3 AAC 105.480. If the applicant or bidder fails to
					 comply within the time allowed under this section, the applicant or bidder
					 forfeits any amount previously paid to, or upon the order of, the authority and
					 all rights acquired in the property.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 105 - Administrative and Other Provisions › Article 4 - General Provisions › 3 AAC 105.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
					 otherwise,
(1) "authority" means the
				  Alaska Energy Authority;
(2)
				  "executive director" means the executive director of the Alaska Energy
				  Authority.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.110 - Review by authority

Current through May 31, 2024
(a) Upon receipt of a completed application
				  and other information requested or required, the authority will review the
				  application.
(b) The authority
				  after reviewing an application, other than an application for a loan for
				  reconnaissance studies, feasibility studies, license and permit applications,
				  or engineering and design, will make a determination that includes the
				  following:
(1) written comments analyzing
				  whether
(A) the money will be used to pay the
				  costs of activities that are eligible under
				  AS
				  42.45.010 and the applicant is an eligible
				  borrower under
				  AS
				  42.45.010;
(B) the project will meet the needs of the
				  area to be served by the project and will benefit the area;
(C) for a loan to construct, equip, modify,
				  or expand a project, the project is
(i)
				  technically and economically viable; and
(ii) financially feasible under the criteria
				  in 3 AAC 106.125(a),
				  or will become financially feasible with the assistance of a power project
				  loan;
(D) for a
				  construction project, any alternatives to the project exist that
(i) would result in development of power at a
				  different site, by a different method, or by an entity other than the
				  applicant;
(ii) could reasonably be
				  expected to provide, within a time schedule comparable to the project,
				  comparable volumes of power at a lower cost to the consumer; and
(iii) meet the criteria set out in (B) and
				  (C) of this paragraph;
(E) the applicant has applied for, or has
				  been awarded, necessary permits or certificates;
(F) for a loan to construct, equip, modify,
				  or expand a project, if enough money is not available in the power project fund
				  to make a loan for the project, or if a loan cannot be made at a rate of
				  interest low enough to allow the project to be financially feasible, under the
				  criteria in
				  3 AAC 106.125(b), the loan should be
				  approved if assistance is made to the applicant from some other source
				  identified by the authority;
(G) if
				  there is power project fund money that the authority can loan for more than one
				  project, the needs of, and benefits to, the area to be served by the project
				  are greater than the needs of, and benefits offered to, other areas of the
				  state by a project for which sponsors may also seek loan money from the
				  authority, if this determination can be made based on information existing at
				  the time of the authority's review;
(H) the applicant has, or will have,
				  sufficient revenue from all sources to repay the loan; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.120 - Terms of loans

Current through May 31, 2024
(a) The terms of a loan made by the authority
				  from the power project fund will be determined by the authority and will comply
				  with the following conditions:
(1) the loan
				  must bear interest at the rate determined under
				  AS
				  42.45.010(f)(2)(A), unless
				  the authority determines, based on information the applicant provides under
				  3 AAC 106.100(d), that a lower interest
				  rate will allow a project to meet the criteria for financial feasibility under
				  3 AAC 106.125(b);
(2) the loan must mature on the date and pay
				  interest on the dates and in the amounts determined by the authority, but the
				  final maturity date may not extend beyond 50 years or the expected and
				  specified productive life of the project being financed, whichever is less; the
				  authority will use the following standards to determine the length of the loan,
				  taking into consideration the expected productive life of a project unless the
				  authority determines that a different expected productive life is indicated:
(A) the term of loans will be up to 20 years
				  for reconnaissance studies and for feasibility studies, preconstruction
				  engineering and project design, or constructing, equipping, modifying,
				  improving, and expanding of
(i) diesel
				  generation facilities;
(ii) wind,
				  geothermal, and waste heat recovery facilities;
(iii) wood gasification;
(iv) wood-fired steam-generation
				  facilities;
(v) bulk fuel storage
				  facilities;
(vi) energy efficiency
				  and conservation projects;
(vii)
				  solar thermal, solar photovoltaic, hydrokinetic, energy storage, and
				  transmission facilities; and
(viii)
				  alternative energy facilities;
(B) the term of loans will be up to 50 years
				  for feasibility studies, preconstruction engineering and project design, or
				  constructing, equipping, modifying, improving, and expanding of
(i) coal-fired steam-generation facilities;
				  and
(ii) hydroelectric generation
				  facilities; and
(3) the loan must be supported by appropriate
				  documentation that may include a loan agreement, bonds, notes, or other
				  documentation, evidencing to the authority's satisfaction that the loan is
				  secured by one or more of the following:
(A)
				  a pledge of the revenues of the borrower or the project that may be subordinate
				  to operating and maintenance expenses and certain other expenses of the
				  borrower or the project as specified by the authority;
(B) a lien, mortgage, security interest,
				  collateral agreements, or other encumbrance on the project or other assets,
				  rights, or interests of the borrower; or
(C) a pledge of the taxing power of the
				  borrower.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.125 - Criteria to establish financial feasibility

Current through May 31, 2024
(a) When making a
				  written determination under
				  3 AAC 106.110 regarding the financial feasibility of a
				  project, the authority will consider
(1) the
				  revenue-generating capability of the project, including the local need for
				  power from the project within any interconnected transmission grid;
(2) whether the applicant has, or will have,
				  sufficient revenue from all sources to
(A)
				  repay the loan;
(B) complete the
				  project; and
(C) operate and
				  maintain the project;
(3)
				  whether the collateral provided is sufficient to secure repayment of the loan,
				  including, whether the loan is secured by a means other than by a pledge or
				  revenues of the project;
(4)
				  whether the applicant has obtained regulatory approval for any proposed power
				  sales agreement;
(5) the
				  relationship between the estimated user fees or charges upon completion of the
				  project and the estimated user fees or charges if consumers of services
				  provided by the project would have continued to receive services from existing
				  sources; and
(6) the relationship
				  between the estimated user fees or charges upon completion of the project and
				  the present or estimated user fees or charges for similar services in the
				  state.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.130 - Inspection of records and facilities

Current through May 31, 2024
(a) An applicant
				  for a loan and a borrower who has an outstanding loan with the authority shall
				  make its books and records, facilities, and its real and personal property of
				  any kind, available for inspection at any reasonable time by the authority, or
				  its agents, after receipt by the applicant or borrower of the authority's
				  written request to inspect.
(b) The
				  authority or its agents will, in the discretion of the authority, inspect,
				  after giving reasonable notice, the construction of any project that is
				  financed, in whole or in part, with a loan under this chapter. The inspection
				  does not relieve the borrower from its obligation to comply with applicable
				  codes and ordinances.
(c) A
				  borrower that has obtained a loan from the authority shall permit the authority
				  or its agents to inspect its books, records, facilities, and real and personal
				  property for as long as any portion of the loan, including interest, remains
				  outstanding.
(d) The authority
				  will, in its discretion, by written request require a borrower who has obtained
				  a loan from the authority to submit
(1) at
				  reasonable times to audits or examinations of its books and records by an
				  independent firm of certified public accountants selected by the authority to
				  determine whether the provisions of the loan agreement have been complied with
				  and to pay the cost of those audits or examinations;
(2) a sworn statement by a responsible
				  officer of the borrower describing the purposes to which the proceeds of the
				  loan have been applied.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.140 - Loans from other appropriations

Current through May 31, 2024
The provisions of
					 3 AAC 106.100 -
					 3 AAC 106.130 relating to loans from the power project
					 fund apply also to all other loans made by the authority affected by ch. 58,
					 SLA 1999 and made from money appropriated for that purpose by the legislature,
					 except loans from the rural electrification revolving loan fund, which are
					 subject to the provisions of
					 3 AAC 106.200 -
					 3 AAC 106.260 and loans from the bulk fuel revolving
					 loan fund, which are subject to the provisions of
					 3 AAC 106.300 -
					 3 AAC 106.365.
Before 2/16/96, Register 137, the substance of 19 AAC
						96.140 was set out in former 3 AAC 94.120. The history note of 19 AAC 96.140
						does not reflect the history of 3 AAC
						94.120.
Authority:
AS
						42.45.010
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.150 - Loan fees and reimbursement of costs

Current through May 31, 2024
(a) An applicant
				  for a loan from the power project fund must pay an application fee of
(1) $200 for applications requesting loan
				  amounts up to and including $100,000;
(2) $1,000 for applications requesting loan
				  amounts of more than $ I 00,000 and not more than $500,000;
(3) $2,000 for applications requesting loan
				  amounts of more than $500,000 and not more than $ 1,000,000; or
(4) $5,000 for applications requesting loan
				  amounts of more than $ 1,000,000.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 1 - Loan From Power Project Fund › 3 AAC 106.159 - Definition

Current through May 31, 2024
In
					 3 AAC 106.100 - 3 AAC 106. 159, "financially feasible"
					 means that the authority has determined that enough money is available from all
					 sources to complete the project, and that enough money is estimated to be
					 available in the future to repay any debt incurred in connection with the
					 project, taking into consideration the criteria in
					 3 AAC 106.125.
Authority:
AS
						42.45.010
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.200 - Use of loan proceeds

Current through May 31, 2024
(a) A borrower who receives a loan from the
				  rural electrification revolving loan fund may use the loan only to pay for
				  capital improvements that extend the borrower's transmission and distribution
				  system to customers not previously receiving service from a public utility. A
				  borrower may not use the loan to provide electric power generation or fuel
				  storage facilities, or for reconstruction or upgrade of existing transmission
				  and distribution lines.
(b) A
				  borrower who receives a loan from the rural electrification revolving loan fund
				  shall use money available to the borrower, other than the proceeds of the loan,
				  to acquire and install one transformer, one span of line, one pole, and one
				  service drop for each customer to who immediate service is provided. The
				  borrower may use proceeds of the loan to pay for additional costs of providing
				  service to a customer receiving immediate service that are not paid by the
				  customer.
Before 2/16/96, Register 137, the substance of 19 AAC
						96.200 was set out in former 3 AAC 94.200. The history note of 19 AAC 96.200
						does not reflect the history of 3 AAC
						94.200.
Authority:
AS
						42.45.020
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.220 - Review by authority

Current through May 31, 2024
(a) Upon receipt of a completed application
				  and other information requested or required, the authority will review the
				  application.
(b) The authority,
				  after reviewing the application, will make a determination that includes the
				  following:
(1) written comments analyzing
				  whether
(A) the money will be used to pay the
				  costs of activities that are eligible under
				  AS
				  42.45.020 and the applicant is an eligible
				  borrower under
				  AS
				  42.45.020;
(B) the project will meet the needs of the
				  area to be served by the project and will benefit the area;
(C) the project is technically
				  feasible;
(D) alternatives to the
				  project exist that would result in extension of electric service by a different
				  method, or by an entity other than the applicant, which could reasonably be
				  expected to provide, within a time schedule comparable to the project, electric
				  service at a lower cost to the consumer;
(E) the applicant has applied for, or has
				  been awarded, necessary permits or certificates;
(F) the project is financially
				  feasible;
(G) the applicant has the
				  ability to provide from money other than the proceeds of the loan an amount
				  equal to that required for acquisition and installation of one transformer, one
				  span of line, one pole, and one service drop as required for each customer for
				  whom immediate service is expected to be provided;
(H) the needs of, and benefits to, the area
				  to be served by the project are greater than the needs of, and benefits offered
				  to, other areas of the state by a project for which sponsors may also seek loan
				  money from the authority if there is not sufficient money in the rural
				  electrification revolving loan fund for both projects, if this determination
				  can be made based on information existing at the time of the authority's
				  review, considering factors such as the number of customers to be served by the
				  project, the cost to serve each customer, and the availability of alternative
				  sources of capital to the respective utilities; and
(I) the applicant has, or will have,
				  sufficient revenue from all sources to repay the loan;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.230 - Review by loan advisory committee

Current through May 31, 2024
(a) Within 15 days
				  after a completed application has been received, the department will appoint a
				  loan advisory committee composed of three individuals, each of whom resides
				  within the certificated area served by the applicant, but none of whom is a
				  person identified in
				  3 AAC 106.210(a) (12).
(b) Members of the committee may be selected
				  by the department from lists of nominees provided by the applicant and by
				  community groups and interested persons, but when possible, the committee may
				  not include more than one individual who directly represents any of the
				  following:
(1) the State of Alaska;
(2) a borough or city;
(3) a village council;
(4) an Indian Relocation Act (IRA)
				  council;
(5) consumers;
(6) utilities;
(7) business or labor
				  organizations;
(8) finance and real
				  estate professions;
(9) a regional
				  corporation;
(10) a village
				  corporation;
(11) a nonprofit
				  organization; or
(12) the federal
				  government.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.240 - Terms of loans

Current through May 31, 2024
(a) The authority will establish the terms of
				  a loan made from the rural electrification revolving loan fund when the
				  authority approves the loan application under
				  3 AAC 106.220.
(b) A loan must bear an interest rate equal
				  to two percent a year on the unpaid balance. Interest paid to the authority
				  must be recovered by the electric utility receiving the loan through a
				  surcharge to the regular electric rates paid by the customers served by the
				  electric service extended with the loan proceeds. Interest payments to the
				  authority are due on the first day of the calendar year following the extension
				  of electric service and on the first day of each calendar year thereafter until
				  paid in full.
(c) A loan from the
				  rural electrification revolving loan fund will be made only to finance a
				  project if full repayment of the loan is likely to be made within 10 years.
				  Payment of the unpaid balance of the principal of the loan is deferred until
				  the first day of the calendar year following the extension of electric service.
				  At that time, and annually after that, the annual principal repayment amount
				  due will be calculated as follows:
(1) the
				  average cost to the electric utility to acquire and install one transformer,
				  one span of line, one pole, and one service drop during the initial 30-day
				  period following the extension of electric service must be calculated by the
				  electric utility and verified by the authority; after the first year following
				  the extension of electric service, and in January of each year until the loan
				  is fully repaid, a recognized construction-cost index for the area will be used
				  to adjust the amount specified for the first year under this
				  paragraph;
(2) the actual cost to
				  the electric utility to provide each service connection to customers first
				  served in the preceding calendar year must be reported by the electric utility
				  to the authority each January, and the cost must be verified by the authority;
				  the first report must exclude the cost of service connections for customers
				  connected during the initial 30-day period following extension of electric
				  service;
(3) for each customer for
				  whom the cost of connection reported under (2) of this subsection is equal to
				  or greater than the amount calculated under (1) of this subsection, no
				  principal payment is due;
(4) for
				  each customer for whom the cost of connection reported under (2) of this
				  subsection is less than the amount calculated under (1) of this subsection, the
				  difference is due as a principal repayment.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.250 - Inspection of records and facilities

Current through May 31, 2024
The provisions of
					 3 AAC 106.130 concerning inspection of records and
					 facilities of applicants for loans from the power project fund apply also to
					 applicants for loans from the rural electrification revolving loan
					 fund.
Before 2/16/96, Register 137, the substance of 19 AAC
						96.250 was set out in former 3 AAC 94.260. The history note of 19 AAC 96.250
						does not reflect the history of 3 AAC
						94.260.
Authority:
AS
						42.45.020
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.260 - Loan amounts

Current through May 31, 2024
(a) A loan will not exceed $250,000 per loan
				  application for a specific project if the rural electrification revolving loan
				  fund balance is less than $3,000,000 at the time of application.
(b) A loan will not exceed $500,000 per loan
				  application for a specified project if the rural electrification revolving loan
				  fund balance is $3,000,000 or more at the time of application.
Authority:
AS
						42.45.020
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 2 - Loans From Rural Electrification Revolving Loan Fund › 3 AAC 106.269 - Definition

Current through May 31, 2024
In
					 3 AAC 106.200 - 3 AAC 106. 269, "financially feasible"
					 means that the authority has determined that enough money is available from all
					 sources to complete the project, and that enough money is estimated to be
					 available in the future to repay any debt incurred in connection with the
					 project, taking into consideration the relationship between the estimated user
					 fees or charges upon completion of the project and the estimated user fees or
					 charges if consumers of services provided by the project would have continued
					 to receive services from existing sources, the relationship between the
					 estimated user fees or charges upon completion of the project and the present
					 or estimated user fees or charges for similar services in the state, and
					 whether the loan is secured by a means other than by a pledge or revenues of
					 the project.
Authority:
AS
						42.45.020
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.300 - Application process (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.300, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.305 - Examination (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted 3 AAC 103.305, to reflect the enactment of ch. 46,
						SLA 2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes
						with respect to the bulk fuel revolving loan program, transferring authority
						over that program from the Alaska Energy Authority to the division in the
						Department of Commerce, Community, and Economic Development that is responsible
						for community and regional
						affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.310 - Eligibility (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.310, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.315 - Financial and credit record (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.315, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.320 - Ability to repay (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.320, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.325 - Lending practices (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.325, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.330 - Disbursement of loan money (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.330, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.335 - Supervision of loans (Deleted)

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.335, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.
Authority:
AS
						42.45.250
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 106 - Loan Programs › Article 3 - Loans From Bulk Fuel Revolving Loan Fund › 3 AAC 106.340 - Costs

Current through May 31, 2024
Deleted.
As of Register 205 (April 2013), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney deleted
						3 AAC 106.340, to reflect the enactment of ch. 46, SLA
						2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with
						respect to the bulk fuel revolving loan program, transferring authority over
						that program from the Alaska Energy Authority to the division in the Department
						of Commerce, Community, and Economic Development that is responsible for
						community and regional affairs.