Section 3.99.320. Application for authority participation.

	(a)  A business enterprise may apply for a loan under the taxable umbrella loan program by contacting an originator. The originator shall review the proposed use of the loan, the applicant's eligibility, and any other matters the originator may determine necessary. When the originator, with the concurrence of the business enterprise, decides it is appropriate to do so, the originator and the applicant shall prepare an application for authority participation in the loan.  
	(b)  An application for authority participation must be submitted by the originator to the authority along with a non-refundable $1,000 fee. If the authority issues a commitment to purchase a participation in the originator's loan, and the loan commitment issued by the authority is accepted and signed by the originator and borrower and returned to the authority, the non-refundable $1,000 application fee will be credited against the authority's commitment fee as required by 3 AAC 99.360(b). The authority may require the originator to include with the application any of the following:  
		(1) a letter of transmittal;  
		(2) a loan summary, including originator approval at the appropriate level of authority;  
		(3) a list of other unpaid loans to the applicant or, if the applicant is not a sole proprietorship, to any member of the applicant's business enterprise, from the state or other public corporation of the state along with applicant certification that each unpaid loan is current and no other loans exist;  
		(4) a current credit report of the applicant and the guarantor, if any;  
		(5) a signed current balance sheet and year-to-date profit and loss statement on the applicant, not more than 90 days old from the date of application, fiscal year end balance sheet and profit and loss statement for the prior three years on the applicant; current balance sheet and federal income tax return for the prior two years on all guarantors and co-borrowers;  
		(6) copies of the applicant's federal income tax returns for the prior three years, if the balance sheet and profit and loss statement required from the applicant in (5) of this subsection are not audited by a certified public accountant;  
		(7) copies of the earnest money receipt and agreement, option to purchase, contract to purchase, or invoice for purchase of land, land and improvements, or tangible personal property related to the project or qualified energy development;  
		(8) a copy of a lease or easement for land and improvements related to the project or qualified energy development and, in the case of a hydropower project licensed or to be licensed by the Federal Energy Regulatory Commission, a copy of the documents designating the project boundary with a lease or easement to be completed before closing giving the applicant control of the area within the project boundary;  
		(9) a detailed description of the project or qualified energy development and a detailed description of real or tangible property to be acquired for the project or qualified energy development;  
		(10) a detailed estimate of the cost of construction;  
		(11) an estimate of the number of jobs to be created or retained by this project or qualified energy development;  
		(12) if the loan is to be secured by real property, a written appraisal report acceptable to the authority estimating the value of the real property  
			(A) if the total loan amount is equal to or less than $1,000,000, the appraisal may be a summary appraisal report;  
			(B) if the total loan amount is greater than $1,000,000, the appraisal must be a self-contained appraisal report;  
		(13) if the loan is for the purchase of tangible personal property, an appraisal in a format acceptable to the authority prepared by an appraiser who is acceptable to the authority;  
		(14) copies of leases or agreements to lease or renew a lease between the applicant and tenants of the project or qualified energy development, including a list of tenants, lease rates, terms, and options;  
		(15) a financial feasibility analysis satisfactory to the authority;  
		(16) an environmental risk assessment satisfactory to the authority, followed by an environmental audit if required by the authority;  
		(17) if the loan is to finance improvements in energy efficiency, an analysis of the energy efficiencies that are expected to be achieved, including the units of energy expected to be saved over the life of the improvements and the dollar savings expected to be realized; and  
		(18) any other information considered necessary by the authority to evaluate the application.  
	(c)  If the authority issues bonds in respect of a loan, the authority may charge a loan participation bond issuance fee for the costs of issuance of the bonds.  
	(d)  If the application concerns a loan for a qualified energy development, the authority, in addition to the requirements of (b) of this section, may require the originator to provide any of the following:  
		(1) a description of the technology to be used in the qualified energy development;  
		(2) the purpose of the qualified energy development;   
		(3) a description of the type of qualified energy development as being one for  
			(A) the transmission, generation, conservation, or storage or distribution of electricity;   
			(B) the transmission, generation, conservation or distribution of heat;   
			(C) liquefaction, regasification, distribution, storage, or use of natural gas, excluding a natural gas pipeline project for transporting natural gas from the North Slope or Cook Inlet to market;   
			(D) distribution of refined petroleum products;   
			(E) storage of refined petroleum products;   
		(4) if the applicant is a regulated or tariffed utility under AS 42.05,  documents establishing that status; and  
		(5) a copy of any contract for the sale of power, electricity, or heat from the qualified energy development for which the loan is sought.  

Authorities

44.88.080;44.88.085;44.88.155

Notes

Reference

3 AAC 99.330
3 AAC 99.350

Authority

AS 44.88.080 AS 44.88.085 AS 44.88.155 Editor's note: Effective Register 197, the regulations attorney relettered 3 AAC 99.320(e) to 3 AAC 99.320(c) to conform to technical printing standards. Even though the amendment of 3 AAC 99.320 was effective 4/25/2013, it was not published until Register 207, October 2013.

History

In effect before 1988; am 1/11/88, Register 106; am 11/30/90, Register 118; am 7/19/91, Register 119; am 9/25/92, Register 124; am 2/11/99, Register 150; am 11/1/99, Register 153; am 2/8/2001, Register 158; am 12/3/2010, Register 197; am 4/25/2013, Register 207

References

3.99.320