Sec. 303. Waste management State revolving funds
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The EPA Administrator shall offer to enter into agreements with eligible States to make capitalization block grants, including letters of credit, to the States under this subsection— to support improvements to local waste management systems, including traditional and innovative recycling and reuse technologies; to assist local waste management authorities in making improvements to local waste management systems— to meet waste management standards under subtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq.), particularly with respect to systems falling significantly below national standards under that subtitle, as determined by the EPA Administrator; and to implement the strategy developed under section 302(a); to deploy waste interceptor technologies, such as trash wheels and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and for such other purposes as the EPA Administrator determines to be appropriate.
To be eligible to receive a capitalization block grant under this subsection, a State shall— enter into a capitalization agreement with the EPA Administrator under paragraph (1); and establish a waste management revolving State loan fund. Funds from a capitalization block grant to a State under this subsection shall be deposited in the State loan fund established by the State. Funds from a capitalization block grant to a State under this subsection shall be available to the State for obligation— during the fiscal year for which the funds are authorized; and during the following fiscal year.
Funds made available to carry out this section shall be allotted to States at the discretion of the EPA Administrator. Any funds not obligated by a State by the last day of the period for which the block grants are available shall be reallotted in accordance with paragraph (5). Amounts deposited in a State loan fund, including loan repayments and interest earned on the amounts, shall be used only— for providing loans or loan guarantees; for outcomes-based or performance payments; or as a source of reserve and security for leveraged loans.
Loans or loan guarantees made by a State under paragraph (1)(A)— may be used only for expenditures of a type or category that the EPA Administrator has determined, through guidance, will— facilitate compliance with an intended use plan; or otherwise significantly further the purposes described in subparagraphs
(A)through
(C)of subsection (a)(1); and may not be used for the acquisition of real property or an interest in real property, unless the acquisition is— integral to an intended use plan; and from a willing seller. After providing for public review and comment, each State that has entered into a capitalization agreement under subsection (a)(1) annually shall prepare a plan that identifies the intended uses of the amounts available from the State loan fund of the State. An intended use plan shall include— a list of the projects to be carried out by entities receiving the loans in the first fiscal year that begins after the date of the intended use plan, including a description of the project; a description of how the funds will support disadvantaged communities; the criteria and methods established for the use of the funds; and a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund. Each State, after notice and opportunity for public comment, shall publish, and periodically update, a list of projects in the State that are eligible for assistance under this section, including— the priority assigned to each project; and to the maximum extent practicable, the expected funding schedule for each project. Each State loan fund shall be established, maintained, and credited with repayments and interest, and the fund corpus shall be available in perpetuity in accordance with this section. To the extent amounts in the State loan fund of a State are not required for current obligation or expenditure, the amounts shall be invested in interest bearing obligations. Each capitalization agreement entered into under subsection (a)(1) shall require that the State deposit in the State loan fund from State funds an amount equal to not less than 20 percent of the total amount of the block grant to be made to the State on or before the date on which the block grant payment is made to the State. Each State annually may use not greater than 4 percent of the funds allotted to the State under this section to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this Act. The EPA Administrator shall issue guidance and promulgate regulations as are necessary to carry out this section, including guidance and regulations— to ensure that each State commits and expends funds allotted to the State under this section as efficiently as practicable in accordance with this section and applicable State law; to prevent waste, fraud, and abuse; and to ensure that the States receiving block grants under this section use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards. Not less frequently than every 2 years, each State administering a State loan fund under this section shall submit to the EPA Administrator a report describing the activities carried out under this section, including the findings of the most recent audit of the State loan fund and the entire State allotment. The EPA Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States in accordance with procedures established by the Comptroller General of the United States. The EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a State loan fund established by this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. There are authorized to be appropriated to carry out this section such amounts as are necessary for each of fiscal years 2020 through 2025.
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- 64 Stat. 1267
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