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WAC 399-30-045

Application evaluation procedure and board deliberations—Emergency loan program.

This section implements RCW 43.155.060 and 43.155.065. The board may make low-interest or interest free loans to local governments for emergency public works projects. The emergency loan program is to financially assist eligible communities experiencing the loss of critical public works services or facilities due to an emergency, and that can demonstrate a substantial fiscal need.
(1) Eligible local governments. Applicants must meet the conditions as identified under WAC 399-30-030(2).
(2) Eligible uses of funds. Financial assistance received shall be used for the purpose of restoring the services and/or repair of the public works facilities involved in the emergency. Assistance provided may be used to help fund all or part of an emergency public works project less any reimbursement from any of the following:
(a) Federal disaster or emergency funds, including funds from the Federal Emergency Management Agency;
(b) State disaster or emergency funds;
(c) Insurance settlements; or
(d) Litigation.
Assisted local governments must reimburse the department any moneys received from the sources listed above. The local government is obligated to make reimbursement for four years after formal project closeout. Local governments eligible to receive moneys must use their best efforts to seek reimbursement in a timely manner.
(3) Availability of funds. Funding will be made available on a first-come first-served basis. Only those funds specifically appropriated by the legislature from the public works assistance account shall be used to make emergency loans. That amount shall not exceed five percent of the total amount appropriated from this account in any biennium.
(4) Application process. Local governments must apply on the form provided by the board. Applications will be processed in the order received.
(5) Board deliberations—Emergency loan applications.
(a) The board will consider and approve or disapprove all eligible applications for emergency financial assistance at regular or special meetings of the board. The applicant will be notified of meetings at which its application will be considered.
(b) All applications will be accepted and evaluated in accordance with the following procedures:
(i) Applications will be accepted only when emergency funding is available.
(ii) Staff will review applications and verify that the applicant is eligible for assistance as set forth in RCW 43.155.070(1).
(iii) Staff will provide the board an evaluation of whether an emergency loan is needed based upon the information documented by the applicant and staff.
(iv) Site visits to the location of the emergency public works project will be carried out at the discretion of the board or staff.
(6) Loan terms. The board shall determine the term and interest rate(s) of emergency loans annually.
(7) Exceptions to public works trust fund policies and procedures. Except as provided in this chapter or specified in annual program guidelines, the emergency program shall follow all general administrative program policies as set for the public works trust fund.
[Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-30-045, filed 2/4/09, effective 3/7/09. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-045, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 92-03-052, § 399-30-045, filed 1/13/92, effective 2/13/92. Statutory Authority: RCW 43.155.040. WSR 89-10-041 (Order 89-01), § 399-30-045, filed 4/28/89.]
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