17-6-311. Limitation on size of investments.
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17-6-311 . Limitation on size of investments.
(1)Except as provided in subsection
(2)and this subsection, an investment may not be made that will result in any one business enterprise or person receiving a benefit from or incurring a debt to the permanent coal tax trust fund the total current accumulated amount of which exceeds 10% of the permanent coal tax trust fund. If an investment results in any one business enterprise or person incurring a debt in excess of 6% of the permanent coal tax trust fund, at least 30% of the debt incurred for the project or enterprise for the coal tax investment that was made to the business enterprise or person must be held by a commercial lender. This subsection does not:
(a)apply to a loan made pursuant to 17-6-317 ; or
(b)limit the board's authority to make loans to the capital reserve account as provided in 17-6-308 (2).
(2)The total amount of loans made pursuant to 17-6-309
(2)may not exceed $80 million, the total amount of loans made pursuant to 17-6-317 may not exceed $70 million, and a single loan may not be less than $250,000. Except for a loan made pursuant to 17-6-317 , a loan may not exceed $16,666 for each job that is estimated to be created. In determining the size of a loan made pursuant to 17-6-309 (2), the board shall consider:
(a)the estimated number of jobs to be created by the project within a 4-year period from the time that the loan is made and the impact of the jobs on the state and the community where the project will be located;
(b)the long-term effect of corporate and personal income taxes estimated to be paid by the business and its employees;
(c)the current and projected ability of the community to provide necessary infrastructure for economic and community development purposes; and
(d)other matters that the board considers necessary.
(3)The total amount of loans made annually pursuant to 17-6-309
(3)may not exceed $50 million. In determining the size of a loan, the board shall consider:
(a)the direct and indirect tax implications to the state if a coal-fired generating unit is retired prematurely;
(b)the current and projected ability of an owner to operate and maintain a coal-fired generating unit; and
(c)other matters that the board considers necessary.