Sec. 202. National Water Recycling and Reclamation Program
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The Administrator of the Environmental Protection Agency shall establish and carry out a National Water Recycling and Reclamation Program to provide grants to eligible entities for water recycling and reclamation projects. In this section, the following definitions apply: The term eligible costs means amounts substantially all of which are paid by, or for the account of, an eligible entity in connection with a project, including the cost of— development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land related to the project and improvements to land), environment mitigation, construction contingencies, and acquisition of equipment; capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and reimbursement for costs described in subparagraphs
(A)through
(C)incurred prior to the date of enactment of this Act. The term eligible entity means a corporation, partnership, joint venture, trust, public or investor-owned utility, private entity, government entity, agency, or instrumentality, tribal government, or any other reclamation and reuse entity, as determined by the Administrator. The term program means the National Water Recycling and Reclamation Program established under this section. To be eligible for assistance under the program, a water recycling and reclamation project shall have total eligible costs that are reasonably anticipated to exceed $1,000,000. To be eligible for assistance under the program, a water recycling and reclamation project shall have a project sponsor that— is an eligible entity; submits to the Administrator an application for the project; and demonstrates a source for non-Federal revenues that is sufficient to satisfy the non-Federal share of the cost of the project. The Administrator shall— establish criteria for selecting among projects that meet the eligibility criteria specified in subsection (c); conduct a national solicitation for applications; and award grants on a competitive basis. The selection criteria shall include the following: The extent to which the project addresses near- and long-term water demand and supply, protects the environment, or otherwise enhances the overall water reclamation and reuse system. The extent to which the project enhances the return on the Federal investment through the production of new, highly renewable water supplies. The likelihood that financial assistance under the program will enable the project to proceed at an earlier date than the project would otherwise be able to proceed. The extent to which the project uses measures that enhance the efficiency of the project. The Administrator shall— publish the selection criteria under paragraph
(1)in the Federal Register not later than 90 days after the date of enactment of this Act; require that applications seeking financial assistance under the program be submitted not later than 180 days after the date of publication of the selection criteria under subparagraph (A); and provide notice of approved project applications under the program not later than 1 year after the date of enactment of this Act. The Federal share of the cost of a project receiving financial assistance under the program may not exceed 80 percent. There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2016 through 2020. Such sums shall remain available until expended. From funds made available to carry out this section for a fiscal year, the Administrator may use not to exceed 2 percent of the funds for the costs of administering this section. Not later than October 1, 2016, and every 2 years thereafter, the Administrator shall submit to Congress a report summarizing the financial performance of projects that are receiving, or have received, assistance under the program. The Administrator may issue such regulations as the Administrator determines appropriate to carry out this section. If the Administrator does not meet a deadline under subsection (d)(3), the Administrator shall transfer all funds made available for the program so as to make such funds available for the purpose of making capitalization grants for water recycling and reclamation projects under the State water pollution revolving loan fund program under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ) and the State drinking water treatment revolving loan fund program under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ).
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- 42 USC 300j–12
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