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U.S. Code as of:
01/19/04
Section 300g-9. Capacity development
(a) State authority for new systems
A State shall receive only 80 percent of the allotment that the
State is otherwise entitled to receive under section 300j-12 of
this title (relating to State loan funds) unless the State has
obtained the legal authority or other means to ensure that all new
community water systems and new nontransient, noncommunity water
systems commencing operation after October 1, 1999, demonstrate
technical, managerial, and financial capacity with respect to each
national primary drinking water regulation in effect, or likely to
be in effect, on the date of commencement of operations.
(b) Systems in significant noncompliance
(1) List
Beginning not later than 1 year after August 6, 1996, each
State shall prepare, periodically update, and submit to the
Administrator a list of community water systems and nontransient,
noncommunity water systems that have a history of significant
noncompliance with this subchapter (as defined in guidelines
issued prior to August 6, 1996, or any revisions of the
guidelines that have been made in consultation with the States)
and, to the extent practicable, the reasons for noncompliance.
(2) Report
Not later than 5 years after August 6, 1996, and as part of the
capacity development strategy of the State, each State shall
report to the Administrator on the success of enforcement
mechanisms and initial capacity development efforts in assisting
the public water systems listed under paragraph (1) to improve
technical, managerial, and financial capacity.
(3) Withholding
The list and report under this subsection shall be considered
part of the capacity development strategy of the State required
under subsection (c) of this section for purposes of the
withholding requirements of section 300j-12(a)(1)(G)(i) of this
title (relating to State loan funds).
(c) Capacity development strategy
(1) In general
Beginning 4 years after August 6, 1996, a State shall receive
only -
(A) 90 percent in fiscal year 2001;
(B) 85 percent in fiscal year 2002; and
(C) 80 percent in each subsequent fiscal year,
of the allotment that the State is otherwise entitled to receive
under section 300j-12 of this title (relating to State loan
funds), unless the State is developing and implementing a
strategy to assist public water systems in acquiring and
maintaining technical, managerial, and financial capacity.
(2) Content
In preparing the capacity development strategy, the State shall
consider, solicit public comment on, and include as appropriate -
(A) the methods or criteria that the State will use to
identify and prioritize the public water systems most in need
of improving technical, managerial, and financial capacity;
(B) a description of the institutional, regulatory,
financial, tax, or legal factors at the Federal, State, or
local level that encourage or impair capacity development;
(C) a description of how the State will use the authorities
and resources of this subchapter or other means to -
(i) assist public water systems in complying with national
primary drinking water regulations;
(ii) encourage the development of partnerships between
public water systems to enhance the technical, managerial,
and financial capacity of the systems; and
(iii) assist public water systems in the training and
certification of operators;
(D) a description of how the State will establish a baseline
and measure improvements in capacity with respect to national
primary drinking water regulations and State drinking water
law; and
(E) an identification of the persons that have an interest in
and are involved in the development and implementation of the
capacity development strategy (including all appropriate
agencies of Federal, State, and local governments, private and
nonprofit public water systems, and public water system
customers).
(3) Report
Not later than 2 years after the date on which a State first
adopts a capacity development strategy under this subsection, and
every 3 years thereafter, the head of the State agency that has
primary responsibility to carry out this subchapter in the State
shall submit to the Governor a report that shall also be
available to the public on the efficacy of the strategy and
progress made toward improving the technical, managerial, and
financial capacity of public water systems in the State.
(4) Review
The decisions of the State under this section regarding any
particular public water system are not subject to review by the
Administrator and may not serve as the basis for withholding
funds under section 300j-12 of this title.
(d) Federal assistance
(1) In general
The Administrator shall support the States in developing
capacity development strategies.
(2) Informational assistance
(A) In general
Not later than 180 days after August 6, 1996, the
Administrator shall -
(i) conduct a review of State capacity development efforts
in existence on August 6, 1996, and publish information to
assist States and public water systems in capacity
development efforts; and
(ii) initiate a partnership with States, public water
systems, and the public to develop information for States on
recommended operator certification requirements.
(B) Publication of information
The Administrator shall publish the information developed
through the partnership under subparagraph (A)(ii) not later
than 18 months after August 6, 1996.
(3) Promulgation of drinking water regulations
In promulgating a national primary drinking water regulation,
the Administrator shall include an analysis of the likely effect
of compliance with the regulation on the technical, financial,
and managerial capacity of public water systems.
(4) Guidance for new systems
Not later than 2 years after August 6, 1996, the Administrator
shall publish guidance developed in consultation with the States
describing legal authorities and other means to ensure that all
new community water systems and new nontransient, noncommunity
water systems demonstrate technical, managerial, and financial
capacity with respect to national primary drinking water
regulations.
(e) Variances and exemptions
Based on information obtained under subsection (c)(3) of this
section, the Administrator shall, as appropriate, modify
regulations concerning variances and exemptions for small public
water systems to ensure flexibility in the use of the variances and
exemptions. Nothing in this subsection shall be interpreted,
construed, or applied to affect or alter the requirements of
section 300g-4 or 300g-5 of this title.
(f) Small public water systems technology assistance centers
(1) Grant program
The Administrator is authorized to make grants to institutions
of higher learning to establish and operate small public water
system technology assistance centers in the United States.
(2) Responsibilities of the centers
The responsibilities of the small public water system
technology assistance centers established under this subsection
shall include the conduct of training and technical assistance
relating to the information, performance, and technical needs of
small public water systems or public water systems that serve
Indian Tribes.
(3) Applications
Any institution of higher learning interested in receiving a
grant under this subsection shall submit to the Administrator an
application in such form and containing such information as the
Administrator may require by regulation.
(4) Selection criteria
The Administrator shall select recipients of grants under this
subsection on the basis of the following criteria:
(A) The small public water system technology assistance
center shall be located in a State that is representative of
the needs of the region in which the State is located for
addressing the drinking water needs of small and rural
communities or Indian Tribes.
(B) The grant recipient shall be located in a region that has
experienced problems, or may reasonably be foreseen to
experience problems, with small and rural public water systems.
(C) The grant recipient shall have access to expertise in
small public water system technology management.
(D) The grant recipient shall have the capability to
disseminate the results of small public water system technology
and training programs.
(E) The projects that the grant recipient proposes to carry
out under the grant are necessary and appropriate.
(F) The grant recipient has regional support beyond the host
institution.
(5) Consortia of States
At least 2 of the grants under this subsection shall be made to
consortia of States with low population densities.
(6) Authorization of appropriations
There are authorized to be appropriated to make grants under
this subsection $2,000,000 for each of the fiscal years 1997
through 1999, and $5,000,000 for each of the fiscal years 2000
through 2003.
(g) Environmental finance centers
(1) In general
The Administrator shall provide initial funding for one or more
university-based environmental finance centers for activities
that provide technical assistance to State and local officials in
developing the capacity of public water systems. Any such funds
shall be used only for activities that are directly related to
this subchapter.
(2) National capacity development clearinghouse
The Administrator shall establish a national public water
system capacity development clearinghouse to receive and
disseminate information with respect to developing, improving,
and maintaining financial and managerial capacity at public water
systems. The Administrator shall ensure that the clearinghouse
does not duplicate other federally supported clearinghouse
activities.
(3) Capacity development techniques
The Administrator may request an environmental finance center
funded under paragraph (1) to develop and test managerial,
financial, and institutional techniques for capacity development.
The techniques may include capacity assessment methodologies,
manual and computer based public water system rate models and
capital planning models, public water system consolidation
procedures, and regionalization models.
(4) Authorization of appropriations
There are authorized to be appropriated to carry out this
subsection $1,500,000 for each of the fiscal years 1997 through
2003.
(5) Limitation
No portion of any funds made available under this subsection
may be used for lobbying expenses.
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