W. Va. Code R. § 167-1-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 167-1-3 - Projects

3.1. Project Review. Prior to applying for or receiving any loan, loan guarantee, grant or other funding assistance for a project from any State infrastructure agency, a project sponsor shall submit a preliminary application on the Council's form and must receive the Council's recommendation.

3.1.1. If a project sponsor believes that a project is outside the review of the Council, then the project sponsor shall complete only the appropriate sections of the preliminary application form and shall request an exemption from review.

3.2. Exemption from Review. The Council shall exempt the following from the preliminary application review process:

3.2.1. Any project which either had received acceptable bids for the project or had all funding in place on July 1, 1994;

3.2.2. Any funding from a State infrastructure agency where the recipient of the funding is designated by state or federal law or rule or regulation;

3.2.3. Any funding from any agency determined by the Council not to be a State infrastructure agency;

3.2.4. Any funding from the governor's civil contingent fund with regard to projects or infrastructure projects;

3.2.5. Any activity funded by a State infrastructure agency determined by the Council to be outside the scope of the definition of project;

3.2.6. Any action taken by the Economic Development Authority pursuant to the authority established in W. Va. Code §§31-15 et seq; and

3.2.7. The North Fork Hughes River project described in Section 8(d) of the Act.

3.3. Preliminary Application Filing. A project sponsor may file a preliminary application with the Council, at the offices of the Water Development Authority, at any time: Provided, that the preliminary application shall not be formally accepted until it is presented to the Council at the next regularly scheduled Council meeting, at which time the thirty-day review period begins. The Water Development Authority may, but is not required to, circulate the preliminary application to Council members or Council committees in advance of the meeting.

3.4. Preliminary Application Review. Within thirty days of the Council's formal acceptance of a complete preliminary application from a project sponsor, the Council shall either recommend that the project sponsor seek funding or that the project sponsor not seek funding for the project or request additional information if necessary to make a determination.

3.5. Approval. If the Council determines that the project is consistent with the Act, it shall make a written recommendation for the project financing stating:

(i) the loan, loan guarantee or grant, or any combination thereof, for which the project sponsor should apply;

(ii) the amount or amounts of the loan, loan guarantees or grant;

(iii) the source or sources of the funding and

(iv) which State infrastructure agency or agencies should consider funding the project, including funding from the Infrastructure Fund.

3.6. Funding of Project. The Council may provide that if the recommended funding sources have not or cannot dedicate money for the project, the project sponsor shall submit a supplement to its preliminary application to the Council for consideration of alternate funding from another funding source or the Infrastructure Fund.

3.7. Denial. If the Council determines that the project is not eligible for funding assistance from any State infrastructure agency, or that the project is not otherwise an appropriate or prudent investment of State funds, it shall recommend that the project sponsor not seek funding from any State infrastructure agency.

3.8. Recommendations. The Council shall provide a copy of its recommendation, together with a copy of the preliminary application, if not previously provided, to all State infrastructure agencies which are listed in the recommendation as recommended funding sources.

W. Va. Code R. § 167-1-3