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…

A. The authority, acting through its board, shall: 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 …

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…

A. The legislature finds that: 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 …

A. The water infrastructure finance authority board is established to evaluate and approve funding requests for monies from the clean water revolving fund, the safe drinking water revolving fund, the water supply development revolving fund, the long-term water augmentation fund a…

A. The federal water programs committee is established to advise the board and consists of the following voting members who are appointed by the board: 1. One member who represents a public water system that serves five hundred or more connections. 2. One member who represents a …

A. The water supply development committee is established consisting of seven members of the board, including the four members who are from counties with populations of less than four hundred thousand persons, two members who are from counties with populations of four hundred thou…

A. The authority may request assistance from representatives of other state agencies, and all state agencies shall cooperate with the authority and make available data pertaining to the functions of the board as requested by the authority. B. In the acquisition, construction or d…

A. The authority may not purchase any mainstream Colorado River water or rights to mainstream Colorado River water and may not provide funding or financial assistance to transfer, purchase or lease any such water or rights to such water, except that this prohibition does not appl…

The authority may provide for the development or operation of water-related facilities using a variety of project delivery methods and forms of agreement. The methods may include: 1. Predevelopment agreements leading to other implementing agreements. 2. A design-build agreement. …

A. The authority may procure services for the development, design, acquisition, construction, improvement or equipping of water-related facilities using any of the following: 1. Requests for project proposals in which the authority describes a class of water-related facilities or…

A. In any public-private partnership under this chapter, the authority may include provisions that: 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…

A. The authority shall submit to the attorney general any public-private partnership agreement entered into by the authority. On the submission of the agreement to the attorney general, the attorney general shall investigate and determine the validity of the agreement. B. If the …

A. The joint legislative water committee is established consisting of the following members: 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 …

A. Notwithstanding sections 9-571, 11-671, 48-1019 and 48-2011.01, during fiscal years 2022-2023, 2023-2024, 2024-2025, 2025-2026 and 2026-2027, the political subdivisions described in subsection B of this section may enter into a financial assistance loan repayment agreement wit…

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 …

A. The authority, through its board, may enter into short-term emergency loan agreements with political subdivisions or Indian tribes under the following conditions: 1. The term of the loan does not exceed one year. 2. The dollar amount of the loan does not exceed two hundred fif…

In this article, unless the context otherwise requires: 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 lo…

A. The water supply development revolving fund is established consisting of all of the following: 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 revol…

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 …

A. In compliance with any applicable requirements, an eligible entity may apply to the authority for and accept and incur indebtedness as a result of a loan or any other financial assistance from the water supply development revolving fund for water supply development projects in…

A. A loan from the water supply development revolving fund shall be evidenced by bonds, if the eligible entity has bonding authority, or by a loan repayment agreement, delivered to and held by the authority. B. A loan under this section shall: 1. Be conditioned on establishing a …

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…

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 general obligations, special obligations or otherwise of this state. The bonds do not constitute a legal debt of this st…

The board may submit any water supply development 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 …

Water supply development 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…