Current through Reg. 49, No. 38; September 20, 2024
(a) The board may determine or request that
the commission make a determination that an operating entity complete training
to obtain the necessary financial, managerial, or technical capacity to ensure
the project will provide adequate water or wastewater service or to maintain
the financial viability of the provider utility in any of the following
circumstances:
(1) upon receipt of an
application from the provider utility for financial assistance under this
subchapter;
(2) upon receipt of a
request for amendment to the financial assistance commitment previously
provided to the provider utility;
(3) upon a determination of the board that
the provider utility which has received a commitment of financial assistance
under this subchapter has failed to provide the board documentation required
under state law, board rule, bond covenant or the grant agreement for the
financial assistance provided by the board; or
(4) upon receipt of notification that the
commission has determined that the provider utility has a history of compliance
problems or that the commission has assessed a penalty in an enforcement action
against the provider utility.
(b) The board may determine that an operating
entity will be required to undertake financial, managerial, or technical
training based on an assessment performed by the commission or an assessment
performed by the executive administrator and approved by the board. In the
event that the executive administrator prepares the assessment, the assessment
as provided to the board will consist of:
(1)
a summary of any documentation and information reviewed by the executive
administrator relating to or developed for:
(A) an application for financial assistance
from the provider utility;
(B) a
request by the provider utility for an amendment to the terms or conditions of
the financial assistance provided to the provider utility;
(C) compliance efforts of the provider
utility with criteria and requirements identified in applicable state or
federal law, board rule, bond covenants, loan agreements, or grant agreements;
and
(D) any communication with the
operating entity of the provider utility or its staff; and
(2) a recommendation from the executive
administrator specifically identifying:
(A)
any particular financial, managerial, or technical capability that the entity
may lack;
(B) the basis for
concluding that the entity lacks such capability by referencing the applicable
state or federal law, board rule, and bond or grant agreement covenants and the
action taken by the entity that suggests that training would be
useful;
(C) the appropriate
training course or curriculum from the approved training program and provider
list; and
(D) the positions at the
operating entity, whether governing body and/or employees of the operating
entity, required to take the training.
(c) Upon review of an assessment by the
commission or an assessment by the executive administrator recommending that
training be required of an operating entity, the board will determine whether
the governing body or employees of an operating entity shall be required to
complete a course of training.
(1) In
considering the action to be taken by the board on the assessment, the board
may:
(A) decline to approve an application for
financial assistance or the request for amendment to the terms or conditions of
the financial assistance submitted by the provider utility based on the
assessment provided to the board or for any reason identified by the
board;
(B) table the action
requested of the board by the operating entity based on the determination that
the operating entity should complete training and that further action by the
board on the request will be postponed until such time as the provider utility
submits a certificate of completion of training;
(C) approve the action requested of the board
by providing that the action of the board will not be implemented or performed
until such time as the executive administrator is provided a certificate of
completion of the required training;
(D) approve the request of the provider
utility; or
(E) take such action as
determined by the board.
(2) If an operating entity is required to
complete training as part of the action taken by the board, the board will
identify the financial, managerial, or technical capability which is to be
addressed by the training and the course curriculum that the operating entity
must complete.
(3) The provider
utility which has an operating entity that is required to complete training as
part of the action taken by the board will:
(A) select the training provider from the
board approved list of training providers for required training curricula or
request that the board approve an alternative curriculum or training provider
by submitting to the board a proposed alternative curriculum or training
provider, together with sufficient documentation for the board to evaluate the
curriculum or training provider;
(B) make arrangements, including payment,
with the selected training provider and assume the responsibility of insuring
that the operating entity complete the training required by the board;
and
(C) submit a certificate of
completion from the approved training provider to the executive administrator.
Upon receipt of the certificate of completion, the executive administrator
shall take such actions as directed by the board in its resolution on the
action requested by the provider utility.
(d) At such intervals as determined by the
board, the board will consider and may approve a list of training providers
that can provide any required financial, managerial, and technical training. In
addition to any other information the board deems necessary or appropriate, the
list shall identify:
(1) training providers
identified by name and contact information that currently provide training that
is intended to improve financial, managerial, or technical capabilities of
water and wastewater utilities;
(2)
the course curriculum offered by the training providers;
(3) which managerial, financial, or technical
capability that the training addresses; and
(4) the method by which the training provider
will determine that the operating entity has satisfactorily completed the
required curriculum.
