§ 3901. Definitions

918 words·~4 min read·/usc/title-33/section-3901

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In this chapter:

(1)Administrator The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2)Community water system The term “community water system” has the meaning given the term in section 300f of title 42.

(3)Federal credit instrument The term “Federal credit instrument” means a secured loan or loan guarantee authorized to be made available under this chapter with respect to a project.

(4)Investment-grade rating The term “investment-grade rating” means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations.

(5)Lender

(A)In general The term “lender” means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)).

(B)Inclusions The term “lender” includes—

(i)a qualified retirement plan (as defined in section 4974(c) of title 26) that is a qualified institutional buyer; and

(ii)a governmental plan (as defined in section 414(d) of title 26) that is a qualified institutional buyer.

(6)Loan guarantee The term “loan guarantee” means any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender.

(7)Obligor The term “obligor” means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument.

(8)Project obligation

(A)In general The term “project obligation” means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project.

(B)Exclusion The term “project obligation” does not include a Federal credit instrument.

(9)Rating agency The term “rating agency” means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 78c(a) of title 15).

(10)Secured loan The term “secured loan” means a direct loan or other debt obligation issued by an obligor and funded by the Secretary or Administrator, as applicable, in connection with the financing of a project under section 3908 of this title.

(11)State The term “State” means—

(A)a State;

(B)the District of Columbia;

(C)the Commonwealth of Puerto Rico; and

(D)any other territory or possession of the United States.

(12)State infrastructure financing authority The term “State infrastructure financing authority” means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et.1 seq.) or section 300j–12 of title 42.

(13)Subsidy amount The term “subsidy amount” means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

(14)Substantial completion The term “substantial completion”, with respect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed.

(15)Treatment works The term “treatment works” has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

(Pub. L. 113–121, title V, § 5022, June 10, 2014, 128 Stat. 1332.)

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