Waiver Provisions

If any provision in the FCF Legislation, 760 CMR 19.00 or the FCF Guidelines or any other requirement of the FCF program would preclude the use of federal funds that would otherwise assist in meeting the goals of the FCF program, the Undersecretary of DHCD may, as provided in the FCF Legislation, modify, waive or negotiate such modifications to the rules as may be required to allow the use of such federal funds; provided, however, that the interests of the Commonwealth shall remain protected. In the event that the terms of repayment detailed in the FCF Legislation, 760 CMR 19.00, the FCF Guidelines or loan documents evidencing an FCF loan would cause a Project authorized by the FCF Legislation to become ineligible to receive federal funds which would otherwise assist in the development of that project, the Undersecretary may waive the terms of repayment which would cause the Project to become ineligible. The Undersecretary may also waive any provision of 760 CMR 19.00 not required by the FCF Legislation, if the Undersecretary determines that such action is advisable and in the public interest.