§300g–9 Capacity development

Summary

States must have plans and legal ways to make sure public water systems have the technical know-how, good management, and enough money to meet drinking water rules. If a State cannot make sure every new community water system and every new nontransient, noncommunity water system that starts after October 1, 1999 shows that capacity, the State will get only 80 percent of certain State loan funds. Starting four years after August 6, 1996, a State’s share drops to 90 percent in fiscal year 2001, 85 percent in fiscal year 2002, and 80 percent in each later year unless the State puts these capacity measures in place. Within one year after August 6, 1996, each State must make and update a list of systems with a history of significant noncompliance and, when possible, say why. Within five years after August 6, 1996, each State must report how well enforcement and early capacity efforts helped those systems. The State’s capacity plan must explain how it will find systems most in need, what laws or rules help or hurt capacity, how the State will help systems meet rules and train operators, how it will measure progress, who is involved, and how it will encourage and help with asset management plans. Two years after first adopting the plan, and every three years after that, the State agency in charge must report to the Governor and the public on progress. Community water systems are systems that serve a community. Nontransient, noncommunity water systems are systems that regularly serve places like schools or businesses. The federal Administrator must help States. Within 180 days after August 6, 1996, the Administrator must review existing State efforts, publish helpful information, and start a partnership to recommend operator certification rules, with the partnership results published within 18 months after August 6, 1996. When issuing national drinking water rules, the Administrator must analyze how compliance will affect systems’ technical, managerial, and financial capacity. Within two years after August 6, 1996, the Administrator must publish guidance on legal ways to ensure new systems demonstrate capacity. The Administrator may adjust rules on variances and exemptions for small systems for flexibility, but cannot change other statutory requirements. The Administrator may make grants to colleges to set up small public water system technology assistance centers to provide training and technical help, with selection based on regional need and expertise; at least two grants must go to consortia of low-population States. Authorized funding for these centers is $2,000,000 for each fiscal year 1997 through 1999 and $5,000,000 for each fiscal year 2000 through 2003. The Administrator will also fund university environmental finance centers, create a national clearinghouse for capacity information, and may fund development of tools like rate and planning models. Authorized funding for those activities is $1,500,000 for each fiscal year 1997 through 2003. No funds from these amounts may be used for lobbying.