Section 45.06 - Project Selection Criteria(1) Except as provided in 310 CMR 45.06(2) through (4), the Department will use the evaluation criteria set forth in 310 CMR 45.06(1)(a) through (d) to determine a project's placement on the calendar year priority list. The Department, through written guidance, will assign a numerical point range to each of the evaluation criteria in 310 CMR 45.06(a) which will be used to further determine a project's placement on the priority list. Such Department guidance may also address tie breakers for projects with the same point score rating. (a)Public Health Criteria.1. The extent to which the project will eliminate or mitigate a serious risk to public health. Relevant factors to consider may include but are not limited to: a. The severity of the public health problem the project is intended to address (e.g., the nature and frequency of MCL violations).b. The size and character of the population threatened or negatively impacted by the identified risk to public health (e.g., the number of children, the elderly or persons with pre-existing health risks served by the system), and the extent to which the project will eliminate or mitigate the public health risk to the identified population.c. The extent to which the project demonstrably eliminates or mitigates the identified serious risk to public health in an effective and timely manner.(b)Compliance Criteria.1. The extent to which the project is needed to come into or maintain compliance with 310 CMR 22.00: Drinking Water, the SDWA or other required or related federal and/or state permit(s), approvals, regulations and requirements, and the effect of compliance on public health and drinking water quality. Relevant factors to consider may include but are not limited to: a. The extent to which the project is needed to ensure compliance with an existing federal or state court or administrative order.b. The extent to which the project is needed to come into or maintain compliance with 310 CMR 22.00: Drinking Water, the SWDA, or other required or related federal or state permit or approval, including the Department's approval of a new drinking water source.c. The extent to which the project's maintenance of compliance with 310 CMR 22.00: Drinking Water, the SDWA, or other required or related federal or state order, permit, approval demonstrably benefits or protects drinking water quality and/or public health (e.g., projects which upgrade or rehabilitate water treatment or distribution facilities and are designed to keep a system in compliance on an ongoing basis).(c)Affordability Criteria.1. The extent to which DWSRF financial assistance for the project will assist systems whose service area consists of users with median household income (MHI) of 80% or less of the state median household income for non-metropolitan areas or as otherwise established by the Trust.2. The extent to which the cost of the project will result in increased water rates to users of the system of an eligible borrower. Relevant factors to consider may include, but are not limited to, whether the annual user charges will fall within a range of 1% to 1.75% of such users' MHI.(d)Other Program and Implementation Criteria.1. Whether the project is to consolidate and/or restructure a public water system (e.g., to address a system with a contaminated water supply or when a system is in noncompliance or lacks adequate technical, managerial and financial capability to maintain compliance).2. The extent to which the project implements or is consistent with one or more current watershed management plans (e.g., DEP basin plans) and/or watershed protection plans (e.g., local Zone II land use controls, comprehensive conservation management plans), or otherwise effectively addresses a watershed priority, as determined by the Department.3. The extent to which the project is consistent with local and regional growth and/or infrastructure plans, and promotes the rehabilitation and revitalization of infrastructure, structures, sites, and areas previously developed and still suitable for economic (re)use, as provided in Executive Order 385: Growth Planning.4. Whether the project constitutes or is a component of a multi-community or regional approach to addressing the identified public health or drinking water quality problem. (2) Since certain of the Project Selection Criteria in 310 CMR 45.06(1) do not apply to eligible planning and/or design projects, the Department will limit its evaluation of such projects to the relevant criteria.(3) In establishing the calendar year priority list pursuant to 310 CMR 45.04(1), the Department may: (a) identify project categories and/or watersheds as funding priorities in a particular calendar year, consistent with the Project Selection Criteria in 310 CMR 45.06(1); and(b) modify and/or further specify the factors or point system to be used to evaluate the extent to which a project meets the Project Selection Criteria in 310 CMR 45.06(1), including any project or program priorities identified by the Department as a funding priority in a particular calendar year pursuant to 310 CMR 45.06(3) and (4).(4) Before finally adopting any substantial modification to the Project Selection Criteria and/or the related point system, the Department will notice such modifications in the Environmental Monitor and to the regulated community and provide an opportunity for public comment for a period of not less than 30 days, including conducting a minimum of one public hearing.Amended by Mass Register Issue S1331, eff. 1/27/2017.Amended by Mass Register Issue 1402, eff. 10/18/2019.