Section 137-4-001 - ELIGIBILITY REQUIREMENTSTo be eligible for consideration in the rating processes for funding, the applicant's proposed project must be consistent with the following criteria for eligibility as described in Sections 001 to 006 of this Chapter.
001.01PROHIBITION AGAINST FUNDING REGULATORY MANDATES.001.01(A) Regulatory means to control, direct, or govern.001.01(B) Regulations means only those rules codified in the Nebraska Administrative Code.001.02 The fund shall not pay for projects to the extent such projects have direct beneficiaries who could afford the costs of the benefits without experiencing serious financial hardship. For purposes of this section, "direct beneficiaries" shall not be deemed to include a person or entity who receives incidental benefits from a project which primarily benefits the general public. A serious financial hardship may be deemed to exist when the direct beneficiary of the grant funding, which may or may not be the grant sponsor or applicant, needs substantially all of its current and anticipated income and liquid assets to meet current and anticipated ordinary and necessary subsistence expenses during the project period.001.03 The grants should assist those projects which will make a real contribution to achieving the board's environmental categories. A real contribution is one that is measurable.001.04 The grants should assist those projects which offer the greatest public benefits; and the public benefit must be greater than an incidental private benefit.001.05 Grants for land purchases or easements shall not cause the elimination of the property tax liability.137 Neb. Admin. Code, ch. 4, § 001
Amended effective 5/8/2018Amended effective 8/12/2023