§ 24-18-7. Procedure for project approval.
(a) By September 1, 2013, the department shall promulgate rules and regulations establishing
the project evaluation criteria and the process through which a city or town may submit
an infrastructure plan. By December 31, 2013, the agency shall promulgate rules and
regulations to effectuate the provisions of this chapter which may include, without
limitation, forms for financial assistance applications, loan agreements, and other
instruments. All rules and regulations promulgated pursuant to this chapter shall
be promulgated in accordance with the provisions of chapter 35 of title 42.
(b) Cities and towns shall submit infrastructure plans to the department in accordance
with the department's rules and regulations promulgated pursuant to subsection (a)
of this section.
(c) The department shall evaluate all submitted infrastructure plans and, in accordance
with the project evaluation criteria, identify all eligible projects, and after a
public hearing, the department shall finalize and provide the agency and statewide
planning with a project priority list. The agency shall not award financial assistance
to any project not listed on the project priority list other than as set forth in
subsection (f) herein.
(d) The agency shall not obligate more than fifty percent (50%) of available funding in
any calendar year to any one city or town unless there are no other eligible projects
on the project priority list.
(e) Upon issuance of the project priority list, the agency shall award financial assistance
to cities and towns for approved projects. The agency may decline to award financial
assistance to an approved project that the agency determines will have a substantial
adverse effect on the interests of holders of bonds or other indebtedness of the agency
or the interests of other participants in the financial assistance program, or for
good and sufficient cause affecting the finances of the agency. All financial assistance
shall be made pursuant to a loan agreement between the agency and the city or town,
acting by and through the officer or officers, board, committee, or other body authorized
by law, or otherwise its chief executive officer, according to terms and conditions
as determined by the agency, and each loan shall be evidenced and secured by the issue
to the agency of city or town obligations in fully marketable form in principal amount,
bearing interest at the rate or rates specified in the applicable loan agreement,
and shall otherwise bear such terms and conditions as authorized by this chapter and/or
the loan agreement.
(f) Notwithstanding any other provision of this chapter, the agency may provide financial
assistance for an approved project without the necessity of the approved project being
listed on a project priority list if the financial assistance for the approved project
is to provide match to other state funding for the approved project.