Sec. 602. CAPITALIZATION GRANT AGREEMENTS
875 words·~4 min read·
/statute-compilations/comps-2989/sec-602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 602 CAPITALIZATION GRANT AGREEMENTS ###
(a)General Rule To receive a capitalization grant with funds made available under this title and section 205(m) of this Act, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection
(b)of this section. ###
(b)Specific Requirements The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that— ####
(1)the State will accept grant payments with funds to be made available under this title and section 205(m) of this Act in accordance with a payment schedule established jointly by the Administrator under section 601(b) of this Act and will deposit all such payments in the water pollution control revolving fund established by the State in accordance with this title; ####
(2)the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this title and section 205(m) of this Act on or before the date on which each quarterly grant payment will be made to the State under this title; ####
(3)the State will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment; ####
(4)all funds in the fund will be expended in an expeditious and timely manner; ####
(5)all funds in the fund as a result of capitalization grants under this title and section 205(m) of this Act will first be used to assure maintenance of progress, as determined by the Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this Act, including the municipal compliance deadline; ####
(6)treatment works eligible under this Act which will be constructed in whole or in part with assistance made available by a State water pollution control revolving fund authorized under this title, or section 205(m) of this Act, or both, will meet the requirements of, or otherwise be treated (as determined by the Governor of the State) under sections 511(c)(1) and 513 of this Act in the same manner as treatment works constructed with assistance under title II of this Act; ####
(7)in addition to complying with the requirements of this title, the State will commit or expend each quarterly grant payment which it will receive under this title in accordance with laws and procedures applicable to the commitment or expenditure of revenues of the State; ####
(8)in carrying out the requirements of section 606 of this Act, the State will use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards; ####
(9)the State will require as a condition of making a loan or providing other assistance, as described in section 603(d) of this Act, from the fund that the recipient of such assistance will maintain project accounts in accordance with generally accepted government accounting standards, including standards relating to the reporting of infrastructure assets; ####
(10)the State will make annual reports to the Administrator on the actual use of funds in accordance with section 606(d) of this Act; ####
(11)the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for activities under this Act; ####
(12)any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund; ####
(13)beginning in fiscal year 2016, the State will require as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient— #####
(A)has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title; and #####
(B)has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account— ######
(i)the cost of constructing the project or activity; ######
(ii)the cost of operating and maintaining the project or activity over the life of the project or activity; and ######
(iii)the cost of replacing the project or activity; and ####
(14)a contract to be carried out using funds directly made available by a capitalization grant under this title for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement (as determined by the Governor of the State). **[**[33 U.S.C. 1382](/us/usc/t33/s1382)**]**
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 602
CAPITALIZATION GRANT AGREEMENTS
Cites 1Cited by 0 across 0 sources