1. A. The Department shall annually rank applications for grant and loan assistance.
2. B. The Department shall hold a public hearing, following public notification in the Maryland Register and the Department's web site regarding the annual priority list.
3. C. Following the public hearing, the Department may change the rankings of projects based on public input.

4. D. Projects Not on Annual Priority List. The Board of Public Works may award financial assistance for projects not included on the annual priority list, if it determines that:

   1. (1) The project arises out of an unanticipated immediate need; and
   2. (2) Irreparable damage to the public health would result if the project is not constructed.

5. E. Priority System.

   1. (1) The State priority system for the award of financial assistance shall be developed by the Department, may be subject to public hearings, and will result in a priority list that shall be used to award the financial assistance. The priority system shall take into account, as appropriate:

      1. (a) The public health benefits of the project;
      2. (b) The project's ability to comply with any mandatory legal requirements;
      3. (c) The environmental benefits, system reliability benefits, or both of the project;
      4. (d) The project's compliance with water conservation requirements;
      5. (e) The size of the community, with a preference given to small community projects; and
      6. (f) The financial, technical, and managerial capacity of the applicant.
   2. (2) Based on the priority system, the Department shall develop a priority list of projects.

Authority: Environment Article, §§9-404 and 9-420—9-426, Annotated Code of Maryland

Effective date: December 19, 1983 (10:25 Md. R. 2269)

Regulation .05L adopted as an emergency provision effective August 17, 1984 (11:18 Md. R. 1582); emergency status expired December 15, 1984; adopted permanently effective December 17, 1984 (11:25 Md. R. 2134)

Regulation .05L amended effective July 15, 1985 (12:14 Md. R. 1432)

Chapter recodified from COMAR 10.17.12 to COMAR 26.03.09

Regulation .05 amended effective October 6, 2008 (35:20 Md. R. 1776)

Regulation .05C amended as an emergency provision effective March 6, 1996 (23:7 Md. R. 550); emergency status expired June 28, 1996; amended permanently effective December 2, 1996 (23:24 Md. R. 1685)

Regulation .06 amended effective October 6, 2008 (35:20 Md. R. 1776)