2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1307 - Financial assistance from the long-term water augmentation fund; terms

49-1307.
Financial assistance from the long-term water augmentation fund;  terms
A. The authority shall consider applications for financial assistance from the long-term water augmentation fund in accordance with section 49-1304 and shall consider the recommendations of the long-term water augmentation committee established by section 49-1208.
B. The authority may provide financial assistance from the long-term water augmentation fund for water supply development projects inside or outside this state. The financial assistance may include:
1. Loans as provided in this section.
2. Credit enhancements purchased for an eligible entity's bonds or other forms of indebtedness.
C. A loan shall be evidenced by a loan repayment agreement or lease purchase agreement or,  to the extent an eligible entity is a political subdivision of this state and has bonding authority,  bonds of the eligible entity that are delivered to and held by the authority.
D. A loan under this section:
1. Shall be repaid during a period approved by the authority.
2. Shall require that interest payments begin not later than the next date that either principal or interest must be paid by the authority to holders of any of the authority's long-term water augmentation bonds that provided funding for the loan. The authority may provide that loan interest accruing during construction of the eligible entity's water supply development project and up to one year after completion of the construction of the water supply development project be capitalized in the loan.
3. Shall clearly specify the amount of principal,  interest and redemption premium,  if any,  that is due on any payment date.
4. Shall be conditioned on the identification of pledged revenues for repaying the loan. If the water supply development project financed or refinanced by the loan is part of a municipal utility and the city or town pledges revenues of the utility to repay the loan,  the loan may be treated under section 9-530,  subsection B as a lawful long-term obligation incurred for a specific purpose.
5. To the extent allowed by law,  shall be secured by a debt service reserve account that is held in trust and that is in an amount,  if any,  as determined by the authority.
6. Shall contain the covenants and conditions pertaining to constructing,  acquiring,  improving or equipping water supply development projects and repaying the loan as the authority deems proper.
7. May provide for paying interest on the unpaid principal balance of the loan at the rates established in the loan repayment agreement.
8. May provide for paying the eligible entity's proportionate share of the expenses of administering the long-term water augmentation fund and may provide that the eligible entity pay financing and loan administration fees approved by the authority. The costs may be included in the levy,  assessment,  rates or charges of the pledged revenues pledged by the eligible entity to repay the loan.
E. The authority shall prescribe the rate or rates of interest on loans made under this section,  but the rate or rates may not exceed the prevailing market rate for similar types of loans. An eligible entity that is a political subdivision of this state may negotiate the sale of its bonds to,  or a loan repayment agreement with,  the authority without complying with any public or accelerated bidding requirements imposed by any other law for the sale of its bonds.
F. The approval of a loan shall be conditioned on a written commitment by the eligible entity to complete all applicable reviews and approvals and to secure all required permits in a timely manner.
G. By resolution of the board,  the authority may impose any additional requirements it considers necessary to ensure that the loan principal and interest are timely paid.
H. All monies received from eligible entities as loan repayments,  interest and penalties shall be deposited,  pursuant to sections 35-146 and 35-147,  in the long-term water augmentation fund.
I. If requested by the authority,  the attorney general shall take whatever actions are necessary to enforce the loan repayment agreement and achieve repayment of loans provided by the authority pursuant to this article.
J. For eligible entities that are political subdivisions of this state,  the revenues of the eligible entities' utility system or systems may be pledged to the payment of a loan repayment agreement without an election,  if the pledge of revenues does not violate any covenant pertaining to the utility system or systems or the revenues pledged to secure outstanding bonds or other obligations or indebtedness of the eligible entities.
K. For an eligible entity that is a political subdivision of this state,  and notwithstanding sections 9-571 and 11-671,  if the revenues from a secondary property tax levy constitute pledged revenues,  the eligible entity is not required to submit to a vote the question of entering and performing a loan repayment agreement.
L. Payments made pursuant to a loan repayment agreement are not subject to section 42-17106.
M. For eligible entities that are political subdivisions of this state,  a loan repayment agreement under this section does not create a debt of the eligible entities,  and the authority may not require that payment of a loan repayment agreement be made from other than the pledged revenues pledged by the eligible entities.
N. An eligible entity may employ attorneys,  accountants,  financial consultants and other experts in their fields as deemed necessary to perform services with respect to a loan repayment agreement.
O. At the direction of the authority,  the eligible entity shall pay,  and is hereby authorized to pay,  the authority's costs in issuing long-term water augmentation bonds or otherwise borrowing to fund a loan.
P. A loan made to an eligible entity that is a political subdivision of this state may be secured additionally by an irrevocable pledge of any shared state revenues due to the eligible entity for the duration of the loan as prescribed by the authority. As applicable to loans additionally secured with shared state revenues,  the authority may enter into agreements to specify the allocation of shared state revenues in relation to individual borrowers from such authorities. If a pledge of shared state revenues as additional security for a loan is required and the eligible entity fails to make any payment due to the authority under its loan repayment agreement or the eligible entity's bonds,  the authority shall certify to the state treasurer and notify the governing body of the defaulting eligible entity that the eligible entity has failed to make the required payment and shall direct a withholding of shared state revenues as prescribed in subsection Q of this section. The certificate of default shall be in the form determined by the authority,  except that the certificate shall specify the amount required to satisfy the unpaid payment obligation of the eligible entity.
Q. On receipt of a certificate of default from the authority,  the state treasurer,  to the extent not expressly prohibited by law,  shall withhold any monies due to the defaulting eligible entity from the next succeeding distribution of monies pursuant to section 42-5029. In the case of an eligible entity that is a city or town,  the state treasurer shall also withhold from the monies due to the defaulting city or town from the next succeeding distribution of monies pursuant to section 43-206 the amount specified in the certificate of default and shall immediately deposit the monies in the long-term water augmentation fund established by section 49-1302. The state treasurer shall continue to withhold and deposit monies until the authority certifies to the state treasurer that the default has been cured. The state treasurer may not withhold any amount that is necessary to make any required deposits then due for the payment of principal and interest on bonds or indebtedness of the eligible entity if so certified by the defaulting eligible entity to the state treasurer and the authority. The defaulting eligible entity may not certify deposits as necessary for payment for bonds or indebtedness unless the bonds were issued or the indebtedness incurred before the date of the loan repayment agreement and the bonds or indebtedness was secured by a pledge of distribution made pursuant to sections 42-5029 and 43-206.