N.D. Admin. Code 33.1-24-08-95

Current through Supplement No. 395, January, 2025

Section 33.1-24-08-95 - Local government financial test

1. A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 by passing the financial test specified in this section. To be eligible to use the financial test, the local government owner or operator must have the ability and authority to assess and levy taxes or to freely establish fees and charges. To pass the local government financial test, the owner or operator must meet the criteria of subdivision b of subsection 2 and subdivision c of subsection 2 based on year-end financial statements for the latest completed fiscal year.

2. The local government owner or operator must have the following information available, as shown in the year-end financial statements for the latest completed fiscal year:

a. The following apply:

(1) Total revenues: Consists of the sum of general fund operating and nonoperating revenues, including net local taxes, licenses and permits, fines and forfeitures, revenues from use of money and property, charges for services, investment earnings, sales (property, publications, etc.), intergovernmental revenues (restricted and unrestricted), and total revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity. For purposes of this test, the calculation of total revenues shall exclude all transfers between funds under the direct control of the local government using the financial test (interfund transfers), liquidation of investments, and issuance of debt.

(2) Total expenditures: Consists of the sum of general fund operating and nonoperating expenditures, including public safety, public utilities, transportation, public works, environmental protection, cultural and recreational, community development, revenue sharing, employee benefits and compensation, office management, planning and zoning, capital projects, interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprises, debt service, capital projects, and special revenues. For purposes of this test, the calculation of total expenditures shall include all transfers between funds under the direct control of the local government using the financial test (interfund transfers).

(3) Local revenues: Consists of total revenues minus the sum of all transfers from other governmental entities, including all moneys received from federal, state, or local government sources.

(4) Debt service: Consists of the sum of all interest and principal payments on all long-term credit obligations and all interest-bearing short-term credit obligations. Includes interest and principal payments on general obligation bonds, revenue bonds, notes, mortgages, judgments, and interest-bearing warrants. Excludes payments on noninterest-bearing short-term obligations, interfund obligations, amounts owed in a trust or agency capacity, and advances and contingent loans from other governments.

(5) Total funds: Consists of the sum of cash and investment securities from all funds, including general, enterprise, debt service, capital projects, and special revenue funds, but excluding employee retirement funds, at the end of the local government's financial reporting year. Includes federal securities, federal agency securities, state and local government securities, and other securities such as bonds, notes, and mortgages. For purposes of this test, the calculation of total funds shall exclude agency funds, private trust funds, accounts receivable, value of real property, and other nonsecurity assets.

(6) Population: Consists of the number of people in the area served by the local government.

b. The local government's year-end financial statements, if independently audited, cannot include an adverse auditor's opinion or a disclaimer of opinion. The local government cannot have outstanding issues of general obligation or revenue bonds that are rated as less than investment grade.

c. The local government owner or operator must have a letter signed by the chief financial officer worded as specified in subsection 3.

3. To demonstrate that it meets the financial test under subsection 2, the chief financial officer of the local government owner or operator, must sign, within one hundred twenty days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

LETTER FROM CHIEF FINANCIAL OFFICER

I am the chief financial officer of [insert: name and address of the owner or operator]. This letter is in support of the use of the local government financial test to demonstrate financial responsibility for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage"] caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this financial test [list for each facility: the name and address of the facility where tanks assured by this financial test are located. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test by the tank identification number provided in the notification submitted pursuant to section 33.1-24-08-12].

This owner or operator has not received an adverse opinion, or a disclaimer of opinion from an independent auditor on its financial statements for the latest completed fiscal year. Any outstanding issues of general obligation or revenue bonds, if rated, have a Moody's rating of Aaa, Aa, A, or Baa or a Standard and Poor's rating of AAA, AA, A, or BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, A, or Baa and a Standard and Poor's rating of AAA, AA, A, or BBB.

WORKSHEET FOR MUNICIPAL FINANCIAL TEST

Part I. Basic Information

1. Total Revenues

a. Revenues (dollars) __________

Value of revenues excludes liquidation of investments and issuance of debt. Value includes all general fund operating and nonoperating revenues, as well as all revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity.

b. Subtract interfund transfers (dollars) __________

c. Total Revenues (dollars) __________

2. Total Expenditures

a. Expenditures (dollars) __________

Value consists of the sum of general fund operating and nonoperating expenditures including interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues.

b. Subtract interfund transfers (dollars) __________

c. Total Expenditures (dollars) __________

3. Local Revenues

a. Total Revenues (from 1c) (dollars) __________

b. Subtract total intergovernmental transfers (dollars) __________

c. Local Revenues (dollars) __________

4. Debt Service

a. Interest and fiscal charges (dollars) __________

b. Add debt retirement (dollars) __________

c. Total Debt Service (dollars) __________

5. Total Funds (Dollars) __________

(Sum of amounts held as cash and investment securities from all funds, excluding amounts held for employee retirement funds, agency funds, and trust funds.)

6. Population (Persons) __________

Part II: Application of Test

7. Total Revenues to Population

a. Total Revenues (from 1c) __________

b. Population (from 6) __________

c. Divide 7a by 7b __________

d. Subtract 417 __________

e. Divide by 5.212 __________

f. Multiply by 4.095 __________

8. Total Expenses to Population

a. Total Expenses (from 2c) __________

b. Population (from 6) __________

c. Divide 8a by 8b __________

d. Subtract 524 __________

e. Divide by 5.401 __________

f. Multiply by 4.095 __________

9. Local Revenues to Total Revenues

a. Local Revenues (from 3c) __________

b. Total Revenues (from 1c) __________

c. Divide 9a by 9b __________

d. Subtract .695 __________

e. Divide by .205 __________

f. Multiply by 2.840 __________

10. Debt Service to Population

a. Debt Service (from 4c) __________

b. Population (from 6) __________

c. Divide 10a by 10b __________

d. Subtract 51 __________

e. Divide by 1.038 __________

f. Multiply by -1.866 __________

11. Debt Service to Total Revenues

a. Debt Service (from 4c) __________

b. Total Revenues (from 1c) __________

c. Divide 11a by 11b __________

d. Subtract .068 __________

e. Divide by .259 __________

f. Multiply by -3.533 __________

12. Total Revenues to Total Expenses

a. Total Revenues (from 1c) __________

b. Total Expenses (from 2c) __________

c. Divide 12a by 12b __________

d. Subtract .910 __________

e. Divide by .899 __________

f. Multiply by 3.458 __________

13. Funds Balance to Total Revenues

a. Total Funds (from 5) __________

b. Total Revenues (from 1c) __________

c. Divide 13a by 13b __________

d. Subtract .891 __________

e. Divide by 9.156 __________

f. Multiply by 3.270 __________

14. Funds Balance to Total Expenses

a. Total Funds (from 5) __________

b. Total Expenses (from 2c) __________

c. Divide 14a by 14b __________

d. Subtract .866 __________

e. Divide by 6.409 __________

f. Multiply by 3.270 __________

15. Total Funds to Population __________

a. Total Funds (from 5) __________

b. Population (from 6) __________

c. Divide 15a by 15b __________

d. Subtract 270 __________

e. Divide by 4.548 __________

f. Multiply by 1.866 __________

16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937

I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that the wording of this letter is identical to the wording specified in subsection 3 of section 33.1-24-08-95 as such rules were constituted on the date shown immediately below.

[Date]

[Signature]

[Name]

[Title]

4. If a local government owner or operator using the test to provide financial assurance finds that it no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator must obtain alternative coverage within one hundred fifty days of the end of the year for which financial statements have been prepared.

5. The department may require reports of financial condition at any time from the local government owner or operator. If the department finds, on the basis of such reports or other information, that the local government owner or operator no longer meets the financial test requirements of subsections 2 and 5, the owner or operator must obtain alternative coverage within thirty days after notification of such a finding.

6. If the local government owner or operator fails to obtain alternate assurance within one hundred fifty days of finding that it no longer meets the requirements of the financial test based on the year-end financial statements or within thirty days of notification by the department that it no longer meets the requirements of the financial test, the owner or operator must notify the department of such failure within ten days.

N.D. Admin Code 33.1-24-08-95

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-04-03, 23.1-04-06; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-06; S.L. 2017, ch. 199, § 19