Ariz. Rev. Stat. § 49-1206 – Water infrastructure finance authority board; membership; fingerprinting; conduct of office; definition

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 and the water conservation grant fund and to perform other duties as prescribed in this chapter.
B. The board consists of the following members:
1. 1. Four persons from a county with a population of four hundred thousand persons or more.
2. 2. Four persons from a county with a population of less than four hundred thousand persons.
3. 3. One person who specializes in finance or statewide water needs.
4. 4. The following as advisory members without the power to vote but who may attend executive sessions of the board:
  1. (a) The president of the senate or the president's designee.
  2. (b) The speaker of the house of representatives or the speaker's designee.
  3. (c) The minority leader of the senate or the minority leader's designee.
  4. (d) The minority leader of the house of representatives or the minority leader's designee.
  5. (e) The director of water resources or the director's designee.
  6. (f) The director of the department of environmental quality or the director's designee.
  7. (g) The state land commissioner or the commissioner's designee.
  8. (h) The director of the department of administration or the director's designee.
  9. (i) The chief executive officer of the Arizona commerce authority or the chief executive officer's designee.
C. The following apply to the eight members appointed pursuant to subsection B, paragraphs 1 and 2 of this section:
1. 1. No three appointed members of the board may be residents of the same county, and at least one appointed member of the board shall be a resident of each county with a population of four hundred thousand persons or more.
2. 2. Members must have a substantial knowledge of and experience with water or finance, including public finance.
D. The following apply to all members appointed pursuant to subsection B, paragraphs 1 through 3 of this section:
1. 1. The governor shall appoint two of the members from a county with a population of four hundred thousand persons or more, shall appoint two of the members from a county with a population of less than four hundred thousand persons and shall appoint the member who specializes in finance or statewide water needs from the joint list of at least five qualified applicants submitted by the president of the senate and the speaker of the house of representatives.
2. 2. The president of the senate and minority leader of the senate shall appoint one of the members from a county with a population of four hundred thousand persons or more and one of the members from a county with a population of less than four hundred thousand persons. The president of the senate and minority leader of the senate shall alternate the terms in which these members are appointed.
3. 3. The speaker of the house of representatives and minority leader of the house of representatives shall appoint one of the members from a county with a population of four hundred thousand persons or more and one of the members from a county with a population of less than four hundred thousand persons. The speaker of the house of representatives and minority leader of the house of representatives shall alternate the terms in which these members are appointed.
4. 4. Appointed members serve five-year terms of office beginning and ending on the third Monday in January and are eligible for reappointment. A member may be removed only for cause by the person who then holds the same office as the person who appointed that member.
5. 5. Members shall be residents of this state for at least two years.
6. 6. The order in which the members are appointed pursuant to subsection B, paragraphs 1 and 2 is:
  1. (a) For the initial term and every third term thereafter, the president of the senate and the minority leader of the senate shall appoint first, the governor shall appoint second and the speaker of the house of representatives and the minority leader of the house of representatives shall appoint third.
  2. (b) For the second term and every third term thereafter, the governor shall appoint first, the speaker of the house of representatives and the minority leader of the house of representatives shall appoint second and the president of the senate and the minority leader of the senate shall appoint third.
  3. (c) For the third term and every third term thereafter, the speaker of the house of representatives and the minority leader of the house of representatives shall appoint first, the president of the senate and the minority leader of the senate shall appoint second and the governor shall appoint third.
E. Before a member is appointed to the board pursuant to subsection C or D of this section, the prospective member shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The governor shall submit the fingerprints to the department of public safety. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
F. The board shall elect a chairperson of the board from among the voting members. The chairperson may appoint subcommittees as necessary.
G. The board may request assistance from representatives of other state agencies. The department of water resources shall provide technical assistance to the board.
H. Board members serve without compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. A board member who is otherwise employed as a public officer may not receive reimbursement pursuant to this subsection if it is otherwise prohibited by law.
I. A majority of the voting members constitutes a quorum for the purpose of an official meeting for conducting business. An affirmative vote of a majority of the voting members present at an official meeting is sufficient for the board to take any action, except that approval of funding or other financial assistance from the water conservation grant fund established by section 49-1331, the water supply development revolving fund established by section 49-1271 or the long-term water augmentation fund requires the affirmative vote of at least six of the voting members present at an official meeting of the board.
J. The board shall keep and maintain a complete and accurate record of all board proceedings.
K. The board, committees and any subcommittees are subject to title 38, chapter 3, article 3.1, relating to public meetings, except advisory nonvoting members of the board may attend executive sessions of the board.
L. The board, its subcommittees and the officers and any employees of the board are subject to title 38, chapter 3, article 8, relating to conflicts of interest. In addition to the conflict of interest provisions in title 38, chapter 3, article 8, and except for employees of this state or a political subdivision of this state, the following apply:
1. 1. A person is not eligible for appointment to the board if the person or the person's relative meets any of the following criteria:
  1. (a) Is employed by or participates in the management of a business entity or other organization that receives monies from the authority.
  2. (b) Owns, controls or has, directly or indirectly, more than a ten percent interest in a business entity or other organization that receives monies from the authority.
  3. (c) Uses or receives a substantial amount of tangible goods, services or monies from the authority.
  4. (d) Has a personal financial interest in the award or expenditure. The person or the person's relative does not have a personal financial interest if the person or the person's relative is a member of a class of persons and it reasonably appears that a majority of the total membership of that class is to be affected by the action.
2. 2. A person may not be a voting member of the board or act as the general counsel to the board or authority if the person is required to register as a lobbyist.
3. 3. A person may not be a member of the board or an employee of the authority if the person or the person's relative is an officer, employee or paid consultant for a water users' association or trade association.
M. An employee of a political subdivision of this state who serves on the board may not participate in the consideration of or a vote concerning any award or expenditure by the authority for projects that will directly benefit the political subdivision.
N. The board shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the board.
O. The board is a public body that is subject to title 38, chapter 3, article 3. The board shall operate on the state fiscal year.
P. All state agencies shall cooperate with the board and make available data pertaining to the functions of the board as requested by the board.
Q. For the purposes of this section, "trade association" means any cooperative, association or business organization, whether or not incorporated under federal or state law, that is designed to assist its members, industry or profession in advocating for or promoting their common interest.