1. (a) For a governmental applicant, the confirmation required by Env-Dw 1106.01(b) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, using “Form 2A: Authority to Borrow - Publicly Owned Systems”, NHDES-W-03-023, January 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-023, that:

   1. (1) Authorizes the applicant to:

      1. a. Raise, appropriate, and spend the amount of funds to be requested for the identified project;
      2. b. Apply for funding for the identified project; and
      3. c. Enter into a binding contract to repay all funds received as a loan;

   2. (2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

      1. a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and
      2. b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;
   3. (3) Identifies, by name and title, each individual who is authorized to sign the original loan agreement and supplemental loan agreement should funds be awarded; and
   4. (4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements.
2. (b) The proof required by (a), above, shall be in a written document that is certified and sealed by the town clerk or equivalent.

3. (c) For a non-governmental applicant, the confirmation required by Env-Dw 1106.01(b) shall consist of proof that the applicant’s governing body passed a valid resolution, using “Form 2B: Authority to Borrow - Privately Owned Systems”, NHDES-W-03-024, November 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-024, that:

   1. (1) Authorizes the applicant to:

      1. a. Apply for funding from the DWSRF for the identified project;

         b, Enter into a binding contract to repay all funds received as a loan; and

      2. c. Pledge security to the state to ensure such repayment;

   2. (2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

      1. a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and
      2. b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;
   3. (3) Includes any other approval actions required to authorize borrowing of funds;
   4. (4) Identifies, by name and title, each individual who is authorized to enter into a loan agreement with the State of New Hampshire and to authorize the granting of a security interest in the name of the recipient for the purpose of securing the water system improvements loan should funds be awarded; and
   5. (5) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements.

4. (d) A non-governmental applicant shall submit with the proof required by (b), above, copies of:

   1. (1) The applicant’s bylaws or articles of incorporation, or both, as applicable; and
   2. (2) The approved minutes of the meeting at which the resolution was approved.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21