A.The authority shall establish a program to provide financial assistance from the fund to local authorities, individually or jointly, for acquisition, construction or modification of drinking water facilities. The authority is authorized to enter into memoranda of understanding, contracts and other agreements to carry out the provisions of the Drinking Water State Revolving Loan Fund Act, including memoranda of understanding, contracts and agreements with federal agencies, the department, local authorities and other parties.
B.The department shall adopt, by rule, a system for the ranking of drinking water facility construction projects requesting financial assistance and for the development of a priority list that will be part of the annual intended use plan, as required by the federal
Free access — add to your briefcase to read the full text and ask questions with AI
A. The authority shall establish a program to provide financial assistance from the fund to local authorities, individually or jointly, for acquisition, construction or modification of drinking water facilities. The authority is authorized to enter into memoranda of understanding, contracts and other agreements to carry out the provisions of the Drinking Water State Revolving Loan Fund Act, including memoranda of understanding, contracts and agreements with federal agencies, the department, local authorities and other parties. B. The department shall adopt, by rule, a system for the ranking of drinking water facility construction projects requesting financial assistance and for the development of a priority list that will be part of the annual intended use plan, as required by the federal Safe Drinking Water Act. C. The department shall adopt rules or internal procedures addressing the mechanism for the preparation of the annual intended use plan and the content of the plan and shall prepare the plan, with the assistance of the authority, as required by the federal Safe Drinking Water Act and the federal capitalization grant agreement. The department shall review all proposals for drinking water facility construction projects, including project plans and specifications for compliance with the requirements of the federal Safe Drinking Water Act and the requirements of state laws and rules governing the construction and operation of drinking water supply facilities. The department also shall determine whether a local authority has demonstrated adequate technical and managerial capability to operate the drinking water supply facility for its useful life in compliance with the requirements of the federal Safe Drinking Water Act and with the requirements of state laws and rules governing the operation of drinking water supply facilities. D. The department and the authority shall enter into an agreement for the purpose of describing and allocating duties and responsibilities with respect to monitoring the construction of drinking water facility construction projects that have been provided financial assistance pursuant to the provisions of the Drinking Water State Revolving Loan Fund Act to ensure compliance with the requirements of the federal Safe Drinking Water Act and with the requirements of state laws and rules governing construction and operation of drinking water supply facilities. E. The department shall adopt rules or internal procedures establishing the criteria and method for the distribution of federal annual capitalization grant funds between the fund and the nonproject activities, also known as set-asides, allowed by the federal Safe Drinking Water Act and for the description in the intended use plan and annual report of the financial programmatic status of the nonproject activities, also known as set-asides, allowed by the federal Safe Drinking Water Act. F. The authority, with the assistance of the department, shall establish procedures to identify affordability criteria for a disadvantaged community and to extend a program to assist such communities. G. The department shall set up separate accounts outside the fund to use for nonproject activities, also known as set-asides, authorized under the federal Safe Drinking Water Act, Sections 1452(g) and 1452(k), and the authority shall set up a separate account outside the fund for administration of the fund. The department shall also provide the additional match for federal Safe Drinking Water Act, Section 1452(g)(2) activities. H. The authority shall prepare and submit applications for federal capitalization grants to the United States environmental protection agency as required by the federal Safe Drinking Water Act.