Ala. Admin. Code r. 335-11-2-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-11-2-.04 - Project Priority List

(1) The Department shall prepare a ranked priority listing of projects for which DWSRF funding will be made available.

(2) The project priority list shall be included in the Departments Intended Use Plan and subject to public notice and a public comment period.

(3) Projects on the priority list shall be ranked in descending order of the point rating assigned to each project. In the event two or more projects are assigned an identical point rating, such projects shall be ranked in accordance with the following criteria: The project that serves a community with the lowest median household income shall be ranked first. In the event the projects have identical median household incomes, the project with the lowest total cost will be ranked first.

(4) Supplemental projects shall be placed at the top of the priority list regardless of the priority ranking of the initial project. In the event that multiple supplemental applications are submitted, each will be ranked using the initial amount of priority points assigned in comparison to each supplemental application in accordance with 335-11-2-.04(3).

(5) The priority list shall be divided into a fundable and nonfundable, or planning, portion. The list's fundable portion shall include those projects anticipated to be funded from the projected available DWSRF funds. The list's nonfundable portion shall include all projects that are eligible but sufficient funding is not available from the DWSRF at the time the priority list is prepared.

(6) The Department may remove a project from the priority list at any time provided that one or more of the following conditions is met:

(a) The project has been fully funded; or,

(b) The project is not ready to proceed as determined by the Department; or,

(c) The project is ineligible under the provisions of this chapter or the rules and grant conditions of the EPA.

(7) The Department may add projects to the priority list at any time during the year.

(8) The Department may bypass a project on the fundable portion of the priority list if:

(a) The public body has not submitted a complete application as required by rule 335-11-2-.11 by the deadlines established by the Department;

(b) Bypassing the project will enable the Department to fund an emergency project where, as determined by the Department, a severe public health or water quality problem exists that requires the immediate construction of facilities to eliminate an existing potentially hazardous condition; or

(c) A bypass is necessary to fund certain types of projects as detailed in the Department's project solicitation or as required by EPA capitalization grant conditions; or

(d) The project is not ready to proceed.

(9) Public bodies that wish to have projects listed on the priority list must submit a complete preapplication form with supporting documentation to be considered for funding for the current year funding cycle on or before the date established by the Department.

(10) The Department may limit the amount of funding allocated to each project on the priority list in order to fund additional projects. Any limitation shall be based on either a maximum loan amount or a maximum percentage of available funds allocated to each project.

(11) Funds may be transferred between the Drinking Water State Revolving Fund and the Clean Water State Revolving Fund as allowed by the Safe Drinking Water Act and the Clean Water Act.

Ala. Admin. Code r. 335-11-2-.04

New Rule: Filed October 23, 2012; effective November 27, 2012.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Authors: Aubrey H. White III, Kris Berry

Statutory Authority: Code of Ala. 1975, §§ 22-23B-1, 22-23B-2, 22-23B-3, 22-23B-12.