Sec. 1302. Capitalization grant agreements
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/bill/113/hr/1877/ih/section-1302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 602(b)(9) ( 33 U.S.C. 1382(b)(9) ) is amended by striking standards and inserting standards, including standards relating to the reporting of infrastructure assets . Section 602(b) ( 33 U.S.C. 1382(b) ) is amended— in paragraph (6)— by striking before fiscal year 1995 ; by striking funds directly made available by capitalization grants under this title and section 205(m) of this Act and inserting assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, ; and by striking 201(b) and all that follows through 513 and inserting 211 and 511(c)(1) ; by striking and at the end of paragraph (9); by striking the period at the end of paragraph
(10)and inserting a semicolon; and by adding at the end the following: the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for providing financial assistance in accordance with this title; any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund; beginning in fiscal year 2014, the State will include as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient— has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title, and has selected, to the extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, and conservation, and energy conservation, taking into account the cost of constructing the project or activity, the cost of operating and maintaining the project or activity over its life, and the cost of replacing the project or activity; and has considered, to the maximum extent practicable and as determined appropriate by the recipient, the costs and effectiveness of other design, management, and financing approaches for carrying out a project or activity for which assistance is sought under this title, taking into account the cost of constructing the project or activity, the cost of operating and maintaining the project or activity over its life, and the cost of replacing the project or activity; the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2014, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for projects or activities included on the State’s priority list established under section 603(g), to the extent that there are sufficient applications for such assistance; a contract to be carried out using funds directly made available by a capitalization grant under this title for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement (as determined by the Governor of the State); and the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act. .
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Sec. 1302
Capitalization grant agreements
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