Section R20-8-104. Priority; Approval and Disapproval; Appeal

A.      During each technical assistance round, the Board shall determine the order and priority of infrastructure projects, for both the Project Development Account and the Project Assistance Account, for which an eligible application for technical assistance has been received. Application scores shall be prioritized based on a percentage of the points received to total points possible.

B.       For the Project Development Account, the Board shall use a scale of 100 points maximum for all applications based on subsection (B)(1) and (2). The minimum number of points required to be eligible for consideration for award by  the Board shall be 70 percent or 70 points. Applicants scoring less than 70 percent will be notified in writing by electronic or other means. A score of 70 percent or higher does not guarantee funding.

1.        Applications for monies from the Project Development Account shall be assigned points under the following categories in descending order of importance:

a.        Population as of the latest decennial census – only one of the following:

i.         Cities or towns having a population up to and including 50,000 or counties having a population up to and including 200,000 - 30 points; or

ii.        Tribes and special districts - 30 points; or

iii.      Cities or towns having a population of more than 50,000 or counties having a population of more than 200,000 - 0 points.

b.        Evidence of the project’s impact on the community based on all of the following:

i.         The project addresses health, safety, and welfare issues - Up to 15 points; and

ii.        The economic impact summary prepared by the applicant - Up to 10 points; and

iii.      The applicant has not previously received funding from the Project Development Account within the past five years - 5 points.

c.        Evidence of local support for the project based on the following:

i.         The adopted planning document specific to the locality or evidence that the project has been discussed in meetings or in study sessions of the governing body of the applicant - Up to 15 points.

ii.        The amount of the cash contribution provided by the applicant to the technical assistance project - Up to 10 points.

d.        Evidence that financial capacity to operate and maintain the project will be researched and developed as part of the requested technical assistance - Up to 15 points.

2.        The prioritization using points assigned under subsection (B)(1) is as follows:

a.        The tied application with the higher score under subsection (B)(1)(a) shall have priority over other applications;

b.        If the tied applications have the same score under subsection (B)(1)(a), the application with the higher score under subsection (B)(1)(b) shall have priority over the other applications;

c.        If the tied applications have the same score under subsections (B)(1)(a) and (b), the application with the higher score under subsection (B)(1)(c) shall have priority over the other applications;

d.        If the tied applications have the same score under subsections (B)(1)(a), (b), and (c), the application with the higher score under subsection (B)(1)(d) shall have priority over the other applications; and

e.        If tied applications have the same score under subsections (B)(1)(a), (b), (c), and (d), the Board shall determine the priority of the applications.

C.      For the Project Assistance Account, the Board shall use a scale consisting of 95 points maximum for tribal applications and a scale consisting of 100 points maximum for all other applications based on subsections (C)(1) and (2) of this Section. The minimum number of points required to be eligible for consideration for award by the Board shall be 70 percent, or 70 points. Tribal applications must receive 66.5 points to be eligible for consideration for award. Applicants scoring less than 70 percent will be notified in writing by electronic or other means. A score of 70 percent or higher does not guarantee funding.

1.        Applications for monies from the Project Assistance Account shall be assigned points under the following categories in descending order of importance:

a.        Evidence of local support for the project up to 35 points:

i.         An adopted planning document specific to the locality or evidence that the project has been discussed in meetings or study sessions of the governing body of the applicant - Up to 15 points; and

ii.        The project has public or private partnerships that provide financial or in-kind services - Up to 10 points; and

iii.      The project has received a resolution of support from the governing body of the applicant - 5 points; and

iv.      The project has received voter authorization. The Authority’s statutes do not require tribal

governments to obtain voter authorization for infrastructure projects. Therefore, technical assistance applications received from tribal governments will be based on an adjusted 95- point scale, as described in subsection (C) - 5 points.

b.        Evidence of the project’s impact on the community based on all of the following - Up to 30 points:

i.         The economic impact summary prepared by the applicant - Up to 15 points;

ii.        The project addresses health, safety, and welfare issues - Up to 10 points; and

iii.      The applicant has not previously received funding from the Project Assistance Account in the past five years - Up to 5 points.

c.        Evidence of a permanent funding source for the project - Up to 20 points:

i.         The project is a likely candidate for a financial assistance loan from the authority - Up to 10 points, and

ii.        A revenue stream has been identified to pay for the project - 5 points, and

iii.      A funding source has been identified for the project - 5 points.

d.        Evidence of sufficient financial capacity to operate and maintain the project - Up to 15 points.

2.        The prioritization using points assigned under subsection (C)(1) is as follows:

a.        The tied application with the higher score under subsection (C)(1)(a) shall have priority over other applications;

b.        If the tied applications have the same score under subsection (C)(1)(a), the application with the higher score under subsection (C)(1)(b) shall have priority over the other applications;

c.        If the tied applications have the same score under subsections (C)(1)(a) and (b), the application with the higher score under subsection (C)(1)(c) shall have priority over the other applications;

d.        If the tied applications have the same score under subsections (C)(1)(a), (b), and (c), the application with the higher score under subsection (C)(1)(d) shall have priority over the other applications;

e.        If the tied applications have the same score under subsections (C)(1)(a), (b), (c), and (d), the Board shall determine the priority of the applications.

D.      The Board shall approve or disapprove each eligible application for technical assistance based upon the priority list and available funding for technical assistance. The Board shall not consider applications scoring less than 70 percent for either the Project Development Account or the Project Assistance Account. Applicants scoring less than 70 percent will be notified in writing by electronic or other means. A score of 70 percent does not guarantee funding. The Board may fund all or a portion of a technical assistance request.

E.       The Authority shall notify in writing by electronic or other means each applicant of the Board’s determination within 90 days after the date that all applications for technical assistance are due.

F.       For each project approved for technical assistance funding, the Authority shall establish a date by which the commitment of the Authority to provide technical assistance expires. The Authority shall not provide technical assistance for an approved project scoring 70 percent or more if the applicant does not complete all agreements with the Authority on or before that date.

G.      The Authority shall bypass a project within a technical assistance round and offer funding to the next highest ranking project if the project is not ready to proceed within six months after the award date.

H.      An applicant whose project for technical assistance is disapproved or determined to be ineligible may appeal. The Authority shall use the Uniform Administrative Hearing Procedures of A.R.S. Title 41, Chapter 6, Article 10, to govern the initiation and conduct of formal adjudicative proceedings before the Authority.

Historical Note

Adopted effective February 3, 1998 (Supp. 98-1).

Amended by final rulemaking at 5 A.A.R. 1312, effective April 15, 1999 (Supp. 99-2). Amended by final

rulemaking at 6 A.A.R. 1317, effective March 14, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 2042, effective April 10, 2001 (Supp. 01-2). Amended by

final rulemaking at 16 A.A.R. 190, effective March 6,

2010 (Supp. 10-1).