41-110. Oil overcharge fund; source of monies; uses; approval; energy project loans; conditions
A. An oil overcharge fund is established. Monies received by the state as a result of oil overcharge settlements shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. At least fifteen per cent of all monies received shall be allocated in accordance with subsections B and C of this section for loans, grants and other purposes which benefit the low income population.
B. The governor's energy office may grant loans from the principal balance of the oil overcharge fund to assist political subdivisions and nonprofit organizations of this state in funding energy projects. Loans may be granted in accordance with the following provisions in a manner and on terms and conditions prescribed by the energy office:
1. Loans shall be made only for projects which meet legal requirements imposed on the uses of oil overcharge monies.
2. The governor's energy office shall assess an administrative fee on each loan to cover the annual cost to this state of administering the loan program. Fees collected shall be deposited in the oil overcharge fund. Subject to legislative appropriation and in accordance with legal requirements, monies in the fund may be expended for the reasonable and necessary costs of administering the fund.
3. Each loan shall be evidenced by a contract between the political subdivision or nonprofit organization and the governor's energy office, acting on behalf of this state. The contract shall provide a payment schedule including principal, interest and administrative fees for the term of the loan.
4. Each contract shall provide that the attorney general may commence actions that are necessary to enforce contracts and achieve repayments of loans made pursuant to this section.
C. Monies in the oil overcharge fund may be expended for grants and other purposes that meet the applicable legal requirements imposed on their use.
D. The governor's energy office shall report annually to the legislature on the status of the oil overcharge fund. The report shall include a financial summary of the oil overcharge fund for the preceding fiscal year with a description of the outstanding loans issued. It shall also include a summary of programs and projects for which grants were awarded and monies were expended. It shall include specific information regarding the program's starting and completion dates, the process by which the program was authorized and whether the program was authorized by the legislature or the executive branch, the current status of the program and the amount expended to date and whether the program is funded as a grant or a loan. The report shall be submitted to the president of the senate and the speaker of the house of representatives no later than December 31 of each year.
E. Investment earnings on the unexpended balance of the oil overcharge fund shall be credited to the oil overcharge fund.
F. The oil overcharge fund is exempt from the requirements of section 35-190, relating to lapsing of appropriations.
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