Okla. Admin. Code § 785:50-15-5

Current through Vol. 42, No. 4, November 1, 2024

Section 785:50-15-5 - Water and Wastewater ARPA grant priority point system

(a)Basis of priority system and formula.

(1)General description. The priority system consists of a mathematical equation rating the qualified entities and the proposed project by means of a formula awarding points for each criterion used in the evaluation. The maximum point total under the system is seventy-two (72). The Board may consider grants for approval at each Board meeting, and in order from the highest rating. If the Board determines that the qualified entity with the highest point rating cannot promptly proceed with the project due to delays, including but not limited to those caused by legal problems, engineering problems, feasibility problems or availability of other funding sources, the Board may pass over consideration of such application then proceed to consider in order the next highest rated application. Applications which are bypassed shall retain their ratings and thus remain eligible for further consideration.

(2)Total priority points. Total priority points will be calculated according to the priority formula set forth in subsection 785:50-15-5(b) below. Seniority date and time of applications submitted shall be utilized to decide ties in point totals among qualified entities.

(b)Priority formula for eligible entities.

(1)Formula. The following formula has been devised to rank grant applications: T = WR + I +APCI + C + BP + PG + S + LP, Where:

(A) T = Total of priority points

(B) WR = Water and sewer rate structure

(C) I = Indebtedness per connection

(D) APCI= Adjusted Per Capita Income

(E) C= Consent Order

(F) BP = Project benefit to other systems

(G) PG = Previous OWRB ARPA grant assistance

(H) S = Sustainability

(I) LP = Proposals submitted to the Legislative ARPA Committees

(2)Explanation. Each of these criteria are explained below:

(A)Water and Sewer rate structure (WR).

(i) For systems providing water service only:

(I) If the cost per 5,000 gallons is $50.00 or greater, the applicant shall be given 10 points.

(II) If the cost per 5,000 gallons is $45.00 to $49.99, the applicant shall be given 9 points.

(III) If the cost per 5,000 gallons is $40.00 to $44.99, the applicant shall be given 8 points.

(IV) If the cost per 5,000 gallons is $35.00 to $39.99, the applicant shall be given 7 points.

(V) If the cost per 5,000 gallons is $30.00 to $34.99, the applicant shall be given 6 points.

(VI) If the cost per 5,000 gallons is $25.00 to $29.99, the applicant shall be given 5 points.

(VII) If the cost per 5,000 gallons is $23.00 to $24.99, the applicant shall be given 4 points.

(VIII) If the cost per 5,000 gallons is $21.00 to $22.99, the applicant shall be given 3 points.

(IX) If the cost per 5,000 gallons is $19.00 to $20.99, the applicant shall be given 2 points.

(X) If the cost per 5,000 gallons is $18.00 to $18.99, the applicant shall be given 1 point.

(XI) If the cost per 5,000 gallons is less than $18.00, the applicant shall be given 0 points.

(ii) For systems providing water and sewer services:

(I) If the cost per 5,000 gallons is $56.00 or greater, the applicant shall be given 10 points.

(II) If the cost per 5,000 gallons is $53.00 to $55.99, the applicant shall be given 9 points.

(III) If the cost per 5,000 gallons is $49.00 to $52.99, the applicant shall be given 8 points.

(IV) If the cost per 5,000 gallons $45.00 to $48.99, the applicant shall be given 7 points.

(V) If the cost per 5,000 gallons is $41.00 to $44.99, the applicant shall be given 6 points.

(VI) If the cost per 5,000 gallons is $37.00 to $40.99, the applicant shall be given 5 points.

(VII) If the cost per 5,000 gallons is $34.00 to $36.99, the applicant shall be given 4 points.

(VIII) If the cost per 5,000 gallons is $32.00 to $33.99, the applicant shall be given 3 points.

(IX) If the cost per 5,000 gallons is $31.00 to $31.99, the applicant shall be given 2 points.

(X) If the cost per 5,000 gallons is $30.00 to $30.99, the applicant shall be given 1 point.

(XI) If the cost per 5,000 gallons is less than $30.00, the applicant shall be given 0 points.

(iii) For systems providing sewer service only:

(I) If the cost per connection per month is $34.00 or greater, the applicant shall be given 10 points.

(II) If the cost of connection per month is $32.00 to $33.99, the applicant shall be given 9 points.

(III) If the cost of connection per month is $30.00 to $31.99, the applicant shall be given 8 points.

(IV) If the cost of connection per month is $28.00 to $29.99, the applicant shall be given 7 points.

(V) If the cost of connection per month is $26.00 to $27.99, the applicant shall be given 6 points.

(VI) If the cost of connection per month is $24.00 to $25.99, the applicant shall be given 5 points.

(VII) If the cost of connection per month is $22.00 to $23.99, the applicant shall be given 4 points.

(VIII) If the cost of connection per month is $20.00 to $21.99, the applicant shall be given 3 points.

(IX) If the cost of connection per month is $18.00 to $19.99, the applicant shall be given 2 points.

(X) If the cost of connection per month is $16.00 to $17.99, the applicant shall be given 1 point.

(XI) If the cost of connection per month is less than $16.00, the applicant shall be given 0 points.

(iv) The Board will deduct 3 points from the total of the Water and Sewer Rate Structure ranking for any system which charges a flat-water rate (unmetered) without regard to the amount of water used, and 2 points for a decreasing block rate which lowers the cost per 1000 gallons for connections using larger amounts of water. No points will be added or subtracted for systems using a fixed rate per 1,000 gallons. Two (2) points will be added for systems using an increasing block rate. Entities who dedicate sales tax for water and/or sewer improvements will be awarded 1 additional point. Under this category the maximum number of points is 13 and the minimum is -3 points.

(B)Indebtedness per connection (I). The indebtedness per connection ranking is calculated by taking the applicant's monthly requirements for debt service on debt incurred for water and/or sewer system purposes and dividing it by the number of connections served.

(i) If the indebtedness per connection is $20.00 or greater, the applicant shall be given 10 points.

(ii) If the indebtedness per connection is $17.50 to $19.99, the applicant shall be given 9 points

(iii) If the indebtedness per connection is $16.00 to $17.49, the applicant shall be given 8 points.

(iv) If the indebtedness per connection is $14.50 to $15.99, the applicant shall be given 7 points.

(v) If the indebtedness per connection is $13.00 to $14.49, the applicant shall be given 6 points.

(vi) If the indebtedness per connection is $11.50 to $12.99, the applicant shall be given 5 points.

(vii) If the indebtedness per connection is $10.00 to $11.49, the applicant shall be given 4 points.

(viii) If the indebtedness per connection is $8.50 to $9.99, the applicant shall be given 3 points.

(ix) If the indebtedness per connection is $7.00 to $8.49, the applicant shall be given 2 points.

(x) If the indebtedness per connection is $5.50 to $6.99, the applicant shall be given 1 point.

(xi) If the indebtedness per connection is less than $5.50, the applicant shall be given 0 points.

(C)Adjusted Per Capita Income (APCI). The affordability criteria is calculated based on a Communities per capita income, population trends, and unemployment rate and compared to the United States criteria in each of the categories. All data is taken from the United States Census Bureau.

(i) if the APCI of an applicant is 81%, then the applicant falls into Tier 4 and shall be given 6 points.

(ii) if the APCI of an applicant is less than 81% but more than or equal to 71% then the applicant falls into Tier 3 and shall be given 12 points.

(iii) if the APCI of an applicant is less than 71% but more than or equal to 56% then the applicant falls into Tier 2 and shall be given 18 points.

(iv) if the APCI of an applicant is less than or equal to 55% then the applicant falls into Tier 1 and shall be given 24 points.

(D)Consent order (C). An applicant who is subject to a consent order issued by a governmental agency with environmental jurisdiction shall be given 5 priority points for a proposed project which will remedy the problem out of which the consent order arose.

(E)Project benefit to other systems (BP). If the applicant's project will benefit other adjacent systems as well as applicant's, or result in or lead to consolidation of systems, an additional five (5) priority points will be included in the total of priority points assigned to the application.

(F)Previous OWRB ARPA grant assistance (PG). For purposes of this subparagraph a political subdivision and all its public trusts and similar subordinate entities together shall be treated as one and the same qualified entity; provided, rural water or sewer districts shall not be construed to be subordinate entities of counties unless the effect would be to make multiple grants to substantially the same entity and/or service area. If a qualified entity has received a previous ARPA grant from the Board in the past, 8 points shall be deducted from the application.

(G)Sustainability. Points will be awarded for an applicant's sustainability and long-range planning as follows:

(i) Have and have implemented a Fiscal Sustainability Plan that meets the requirements of the Board Staff shall be awarded 10 points.

(ii) Have but have not implemented a Fiscal Sustainability Plan that meets the requirements of the Board Staff shall be awarded 6 points.

(iii) Applicant is willing to develop and implement a Fiscal Sustainability Plan prior to funding that meets the requirements of the Board Staff shall be awarded 3 points.

(H)Proposals submitted to the Legislative ARPA Committees (LP). Five (5) points will be awarded to applicants who submitted their proposals to the Legislative ARPA committee portal.

(3)Evaluation of application from a master conservancy district. When evaluating an application from a master conservancy district, Board Staff shall determine the score for the master conservancy district's application by looking through to each and every participating member of the master conservancy district. Board Staff shall assign a raw score to each and every participating member of the master conservancy district, as if such participating member had made application on their own behalf, applying the criteria for each component of the formula to such participating member based on such participating member's underlying facts and circumstances. The resulting raw score for each of the participating members of the master conservancy district shall then be weighted by multiplying such participating member's raw score by a fraction that is equal to that participating member's relative participating share of the master conservancy district's total water allocation as of the date the master conservancy district's application is filed with the Board. The resulting weighted score for all participating members of the master conservancy district shall be summed together to determine the score for the master conservancy district's application. If the proposed project will only benefit a portion of the members of the master conservancy district, then the Board will consider the participating members of the project when evaluating the project priority points.

Okla. Admin. Code § 785:50-15-5

Adopted by Oklahoma Register, Volume 40, Issue 3, October 17, 2022, eff. 9/14/2022

Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023