Sec. 1303. Water pollution control revolving loan funds
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/bill/113/hr/1877/ih/section-1303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows: The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance— to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works; for the implementation of a management program established under section 319; for development and implementation of a conservation and management plan under section 320; for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage; for measures to manage, reduce, treat, or reuse municipal stormwater; to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse; for the development and implementation of watershed projects meeting the criteria set forth in section 122; and to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works, including the implementation of energy-efficient or renewable-energy generation technologies. .
Section 603(d)(1) ( 33 U.S.C. 1383(d)(1) ) is amended— in subparagraph
(A)by striking 20 years and inserting the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan ; and in subparagraph
(B)by striking not later than 20 years after project completion and inserting upon the expiration of the term of the loan . Section 603(d)(1) ( 33 U.S.C. 1383(d)(1) ) is further amended— by striking and at the end of subparagraph (C); by inserting and at the end of subparagraph (D); and by adding at the end the following: for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 603(c)(1), the recipient of a loan will develop and implement a fiscal sustainability plan that includes— an inventory of critical assets that are a part of that portion of the treatment works; an evaluation of the condition and performance of inventoried assets or asset groupings; a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and a plan for maintaining, repairing, and, as necessary, replacing that portion of the treatment works and a plan for funding such activities; . Section 603(d)(7) ( 33 U.S.C. 1383(d)(7) ) is amended by inserting before the period at the end the following: , $400,000 per year, or . 1/5 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source Section 603(d) (33 U.S.C. 1383(d)) is amended— by striking and at the end of paragraph (6); by striking the period at the end of paragraph
(7)and inserting a semicolon; and by adding at the end the following: to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, repair schedules, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; and to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest. . Section 603 ( 33 U.S.C. 1383 ) is amended by adding at the end the following: In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans— to benefit a municipality that— meets the State’s affordability criteria established under paragraph (2); or does not meet the State’s affordability criteria if the recipient— seeks additional subsidization to benefit individual ratepayers in the residential user rate class; demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or to implement a process, material, technique, or technology to address water-efficiency goals, address energy-efficiency goals, mitigate stormwater runoff, or encourage environmentally sustainable project planning, design, and construction. On or before September 30, 2014, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ). If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph. The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). A State may give priority to a recipient for a project or activity eligible for funding under section 603(c)(1) if the recipient meets the State’s affordability criteria. In any fiscal year in which the Administrator has available for obligation more than $1,000,000,000 for the purposes of this title, a State shall provide additional subsidization under this subsection in the amount specified in subparagraph
(B)to eligible entities described in paragraph
(1)for projects and activities identified in the State’s intended use plan prepared under section 606(c) to the extent that there are sufficient applications for such assistance. In a fiscal year described in subparagraph (A), a State shall set aside for purposes of subparagraph
(A)an amount not less than 25 percent of the difference between— the total amount that would have been allotted to the State under section 604 for such fiscal year if the amount available to the Administrator for obligation under this title for such fiscal year had been equal to $1,000,000,000; and the total amount allotted to the State under section 604 for such fiscal year. The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants received by the State under this title in fiscal years beginning after September 30, 2013. .
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