PRIORITIZATION OF PROJECTS BY BOARD

(a) The board shall prioritize projects for the purpose of providing financial assistance under this subchapter. (b) The board shall establish a system for prioritizing projects for which financial assistance is sought from the board. The system must include a standard for the board to apply in determining whether a project qualifies for financial assistance at the time the application for financial assistance is filed with the board. (c) The board shall give the highest consideration to projects that will have a substantial effect, including projects: (1) that will serve an area for which the board or the Department of State Health Services has determined that a nuisance dangerous to the public health and safety exists resulting from water supply and sanitation problems; or (2) for which the applicant: (A) is subject to an enforcement action, including a final order, judgment, or consent decree, by the commission, the state, or the United States Environmental Protection Agency, related to public health and safety issues resulting from water supply or sewer services; and (B) did not cause or allow the violations that are the subject of the enforcement action. (d) The board by rule may provide for the consideration of additional criteria.