Sec. 124. Intended use plan
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/bill/115/hr/2510/ih/section-124A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 603(g) ( 33 U.S.C. 1383(g) ) is amended to read as follows: For fiscal year 2019 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State’s water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State’s water pollution control revolving fund only with respect to a project or activity included on such list.
In the case of projects and activities eligible for assistance under subsection (c)(2), the State may include on such list a category or subcategory of nonpoint sources of pollution to be addressed. Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State shall establish a methodology for developing a priority list under paragraph (1). In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration— the requirements of section 602(b)(5); whether such water quality improvements would be realized without assistance under this title; and whether the proposed projects and activities would address water quality impairments associated with existing treatment works.
In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider— information developed by the State under sections 303(d) and 305(b); the State’s continuing planning process developed under sections 205(j) and 303(e); whether such project or activity may have a beneficial impact related to the purposes identified under section 302(a); the State’s management program developed under section 319; and conservation and management plans developed under section 320 with respect to an estuary lying in whole or in part within the State.
For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities carried out pursuant to the listing of such categories or subcategories. If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection. .
Section 606(c) ( 33 U.S.C. 1386(c) ) is amended— in the matter preceding paragraph
(1)by inserting and publish after each State shall annually prepare ; by striking paragraph
(1)and inserting the following: the State’s priority list developed under section 603(g); ; in paragraph (4), by striking and at the end; by striking the period at the end of paragraph
(5)and inserting ; and ; and by adding at the end the following: if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate. . Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act.
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