36.24.110 TERMS OF LOAN AND BONDS
(1) The source of funding of the loans under this program initially will be
83.33% from the EPA and 16.67% from the proceeds of the state's bonds, as
adjusted as permitted from time to time by the federal act, the act, and
applicable program documents.
(a) The interest rate on the loan will be
determined by the department at the time the loan is made. The rate on a loan must be such that the
interest payments thereon and on other loans funded from the proceeds of the
state's bonds will be sufficient, if paid timely and in full, with other
available funds in the revolving fund including investment income, from which
the loan was funded to pay the principal of and interest on the state's bonds
issued by the state.
(b) The rate
of interest on loans from the program will vary in accordance with the rate on
the state's bonds from which the loan is made. The rate of interest on all
loans financed from the proceeds of a specific issue of bonds will be the
sale. The net interest cost on any loan
may not exceed the net interest cost to the state on the state bonds from which
such loan was made.
(2) Unless the
department otherwise agrees, each loan shall be payable, including principal
and interest thereon and the administrative expense surcharge and loan loss
reserve surcharge, if any, over a term approved by the department, not to
exceed 20 years after the completion date of the project, or such longer period
as may then be permissible under the federal act or the act. In no case shall the term of a loan exceed
the useful life of the project being financed.
(a) Interest, administrative expense surcharge and
loan loss reserve surcharge, if any, payments on each disbursement of each loan
or portion thereof which is not a construction loan shall begin no later than
15 days prior to the next interest payment date (unless the loan is closed
within 15 days of the next interest payment date, in which case the first
payment date shall be no later than 15 days prior to the next following
interest payment date) .
(b) For construction loans, the department may permit principal amortization to be
delayed until as late as one year after completion of the project, provided
that interest on each disbursement of a construction loan shall begin no later
than 45 days prior to the next interest payment date (unless the loan is closed
within 45 days of the next interest payment date, in which case the first
payment date shall be no later than 45 days prior to the next following
interest payment date) unless the state has provided for the payment of
interest on its bonds by capitalizing interest.
(c) In any event, the payment of interest must commence no later than the payment of
principal.
(3) The department may also permit the borrower of a construction loan not to pay
administrative expense surcharge and loan loss reserve surcharge, if any, on
such construction loan until up to five months after the completion of
construction of the project, but such administrative expense surcharge and loan
loss reserve surcharge, if any, shall nonetheless accrue and shall be payable
not later than the fifth month following completion of construction.
Notwithstanding the previous sentence, the borrower shall pay all interest,
administrative expense surcharge and loan loss reserve surcharge, if any,
accrued on any construction loan disbursement no later than the twenty-fourth
month after such disbursement is made and must thereafter make regular payments
of interest, administrative expense surcharge and loan loss reserve surcharge,
if any, on such disbursement.
History: 75-5-1105, MCA; IMP, 75-5-1113, MCA; NEW, 1991 MAR p. 1952, Eff. 10/18/91; AMD, 1995 MAR p. 2423, Eff. 11/10/95; AMD, 2002 MAR p. 2213, Eff. 8/16/02.