| (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.
(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.
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