Sec. 7. Selection among eligible projects
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The Administrator shall select eligible projects to receive assistance under this Act based on— the significance of the infrastructure needs addressed by the project, including the economic, environmental, and public health benefits of the project; the creditworthiness of the project under consideration, including the terms, conditions, financial structure, and security features making up the proposed financing, and the financial assumptions upon which the project is based; the need for Federal assistance, including the likelihood that the provision of assistance by the Administrator under this Act will cause the project to proceed more promptly and with lower costs for financing than would be the case without the assistance; the degree to which the project financing plan includes public or private financing in addition to assistance under this Act; the cost of the direct loan or loan guarantee to the Federal Government for the project; the extent to which the project is nationally or regionally significant; whether the project, to the maximum extent practicable, incorporates environmentally sustainable approaches, including conservation, efficiency, reuse, source water protection, energy efficiency, green infrastructure, and other innovative techniques; whether the project is consistent with— the State priority system established pursuant to section 603(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(g) ); and the types of projects described in section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)); and the priority system established under subsection (b).
The Administrator shall establish a priority system that gives greater weight to an application for an eligible project that includes— an inventory of the assets of the treatment works or community water system, including a description of the condition of those assets; a schedule for replacement of the assets of the treatment works or community water system; a financing plan that factors in all lifecycle costs and describes the sources of revenue from ratepayers, grants, bonds, loans, and other sources designated to meet those lifecycle costs; a description of any options for restructuring the treatment works or community water system; any new models or techniques, other than a traditional wastewater model, to treat or minimize sewage or urban stormwater discharges using— decentralized or distributed stormwater controls; advanced decentralized wastewater treatment; low-impact development technologies and nonstructural approaches; stream buffers; wetland restoration and enhancement; actions to minimize the quantity of and direct connections to impervious surfaces; soil and vegetation or other permeable materials; or actions that increase efficient water use, water conservation, or water or wastewater reuse, including rainwater harvesting; to the maximum extent practicable, the use of water efficiency and conservation techniques to generate cost-effective sources of new water supply; and a demonstration of consistency with State, regional, and municipal watershed plans, water conservation and efficiency plans, or integrated water resource management plans.
For an eligible project described in section 3(8)(C), the Administrator shall consider only the criteria described in paragraphs (1), (2), (3), and
(5)of subsection (a). The Administrator may select an eligible project for assistance only if the Administrator finds that there is a reasonable assurance that all payments will be made on the credit instrument.
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- 42 USC 300j–12(b)(3)
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