Title 49 — The Environment

In this chapter, unless the context otherwise requires: 1. "Authority" means the water infrastructure finance authority of Arizona. 2. "Board" means the water infrastructure finance authority board established by section 49-1206. 3. "Bonds of a political subdivision" means bonds …

The water infrastructure finance authority of Arizona is established. The board shall govern the authority.

A. The authority is a corporate and politic body and shall have an official seal that shall be judicially noticed. The authority may sue and be sued, contract and acquire, hold, operate and dispose of property. Notwithstanding any other law and unless expressly waived by the auth…

1. Administer the long-term water augmentation fund in accordance with article 4 of this chapter. 2. Use monies from the long-term water augmentation fund established by section 49-1302 to investigate the feasibility of entering into agreements with public or private entities for…

A. The board shall cause an audit to be made of the funds administered by the authority. The audit shall be conducted by a certified public accountant within one hundred twenty days after the end of the fiscal year. The board shall immediately file a certified copy of the audit w…

1. Now and into the foreseeable future that regions in this state lack access to the necessary water supplies to meet their current and long-term water needs. 2. Protecting current and future residents, the economy and the environment of this state is best achieved through a comp…

B. The board consists of the following members: 1. Four persons from a county with a population of four hundred thousand persons or more. 2. Four persons from a county with a population of less than four hundred thousand persons. 3. One person who specializes in finance or statew…

1. One member who represents a public water system that serves five hundred or more connections. 2. One member who represents a public water system that serves less than five hundred connections. 3. One member who represents a domestic water improvement district or sanitary distr…

B. The long-term water augmentation committee is established consisting of seven members of the board, including the four members who are from counties with populations of four hundred thousand persons or more, two members who are from counties with populations of less than four …

B. In the acquisition, construction or development of water-related facilities, the authority shall cooperate with established and existing state agencies and political subdivisions of this state and with the United States and other states. C. The authority may not begin negotiat…

B. The authority may not enter into any agreements to convey or deliver water to a water user within the incorporated boundaries of a city or town, a city or town water service area or within the boundaries of a certificate of convenience and necessity of a private water company …

1. Predevelopment agreements leading to other implementing agreements. 2. A design-build agreement. 3. A design-build-maintain agreement. 4. A design-build-finance-operate agreement. 5. A design-build-operate-maintain agreement. 6. A design-build-finance-operate-maintain agreemen…

1. Requests for project proposals in which the authority describes a class of water-related facilities or a geographic area in which entities are invited to submit proposals to develop water-related facilities. 2. Solicitations using requests for qualifications, short-listing of …

1. Allow the authority or the private partner to establish and collect delivery charges, service charges, operation and maintenance charges or similar charges, including provisions that: (a) Establish circumstances under which the authority may receive all or a share of revenues …

B. If the agreement complies with this chapter and the attorney general determines that the agreement will constitute a binding and legal obligation of the authority that is enforceable according to the terms of the agreement, the attorney general shall certify, in substance, tha…

1. The president of the senate or the president's designee. 2. The speaker of the house of representatives or the speaker's designee. 3. The minority leader of the senate or the minority leader's designee. 4. The minority leader of the house of representatives or the minority lea…

B. The following political subdivisions may enter into a financial assistance loan repayment agreement described in subsection A of this section: 1. A city or town, without regard to the city or town's population. 2. A county, without regard to the county's population. 3. A sanit…

A. The clean water revolving fund is established to be maintained in perpetuity consisting of: 1. Monies appropriated by the legislature for the clean water revolving fund. 2. Monies received for that purpose from the United States government, including capitalization grants. 3. …

A. The clean water revolving fund is established. The board shall administer the fund pursuant to rule and in compliance with the requirements of this article and the clean water act. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as p…

A. Monies in the clean water revolving fund may be used for the following purposes: 1. Making wastewater treatment facility and nonpoint source project loans to political subdivisions and Indian tribes under section 49-1225. 2. Purchasing or refinancing debt obligations of politi…

A. In compliance with any applicable requirements, a political subdivision may apply to the authority for, accept and incur indebtedness as a result of a loan, or other financial assistance under section 49-1223, subsection A, paragraphs 1, 2 and 3, from the clean water revolving…

A. Financial assistance from the clean water revolving fund shall be evidenced by a financial assistance agreement or bonds of a political subdivision, delivered to and held by the authority. B. A loan under this section: 1. Shall be repaid in not to exceed thirty years from the …

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1224 and 49-1225.

A. The drinking water revolving fund is established to be maintained in perpetuity consisting of: 1. Monies appropriated by the legislature for the drinking water revolving fund. 2. Monies received for that purpose from the United States government, including capitalization grant…

A. The drinking water revolving fund is established. The board shall administer the fund pursuant to rule and in compliance with this article and the safe drinking water act. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided b…

A. Monies in the drinking water revolving fund may be used for the following purposes: 1. Making drinking water facility loans including forgivable principal to political subdivisions of this state, Indian tribes under section 49-1245 and other eligible entities as determined by …

A. In compliance with any applicable requirements, a drinking water facility may apply to the authority for and accept and incur indebtedness as a result of a loan or any other financial assistance pursuant to section 49-1243, subsection A, paragraphs 2, 3 and 4 from the drinking…

A. A loan from the drinking water revolving fund shall be evidenced by a loan repayment agreement or bonds of a political subdivision, delivered to and held by the authority. B. A loan under this section: 1. Shall be repaid in not to exceed thirty years from the date incurred for…

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1244 and 49-1245.

A. The authority, through the board of directors, may issue negotiable water quality bonds in a principal amount that in its opinion is necessary to provide sufficient monies for financial assistance under this article, maintaining sufficient reserves to secure the bonds, to pay …

A. Water quality bonds may be issued to provide financial assistance, to provide matching state monies for the clean water revolving fund and the drinking water revolving fund, to increase the capitalization of the clean water revolving fund and to increase the capitalization of …

Bonds issued under this article are obligations of the water infrastructure finance authority of Arizona, are payable only according to their terms and are not obligations general, special or otherwise of this state. The bonds do not constitute a legal debt of this state and are …

The board may submit any water quality bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. On submission the attorney general shall examine and pass on the validity of the bonds and the regularity of the proce…

Water quality bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutio…

This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the water infrastructure finance authority of Arizona or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the t…

A. The hardship grant fund is established to be administered by the authority consisting of: 1. Monies received for that purpose from the United States government, including monies that are awarded to this state pursuant to title II of the clean water act and that are no longer o…

A. In compliance with any applicable requirements: 1. A political subdivision or Indian tribe may apply to the authority for and accept financial and technical assistance pursuant to section 49-1267, subsection C. To qualify for financial assistance pursuant to this section, the …

1. The term of the loan does not exceed one year. 2. The dollar amount of the loan does not exceed two hundred fifty thousand dollars for each borrower for each emergency event. 3. The purpose of the loan is to provide assistance for designing, redesigning, engineering, reenginee…

1. "Eligible entity" means any of the following: (a) A water provider that distributes or sells water outside of the boundaries of an initial active management area in which part of the central Arizona project aqueduct is located. (b) Any city, town, county, district, commission,…

1. Monies received from the issuance and sale of water supply development bonds under section 49-1278. 2. Monies appropriated by the legislature to the water supply development revolving fund. 3. Monies received for water supply development purposes from the United States governm…

A. The board shall administer the water supply development revolving fund. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Monies and oth…

A. Monies in the water supply development revolving fund may be used for the following purposes: 1. Making loans to eligible entities in this state under section 49-1274 for water supply development projects within this state. A single loan shall not exceed $3,000,000. 2. Making …

B. The authority shall do all of the following: 1. Prescribe a simplified form and procedure to apply for and approve assistance. 2. Establish by rule criteria by which assistance will be awarded, including: (a) For any assistance: (i) A determination of the applicant's financial…

B. A loan under this section shall: 1. Be conditioned on establishing a dedicated revenue source for repaying the loan. 2. Be repaid in a period and on terms determined by the authority. C. The authority shall prescribe the rate of interest on loans made under this section, but t…

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1274 and 49-1275.

A. The authority may issue negotiable water supply development bonds in a principal amount necessary to provide sufficient monies for those projects approved under this article and including such items as maintaining sufficient reserves to secure the bonds, to pay the necessary c…

A. Water supply development bonds may be issued to provide financial assistance under this article and to increase the capitalization of the water supply development revolving fund to accomplish the purposes stated in section 49-1273. These bonds may be secured by any monies rece…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]