§300j–2 Grants for State programs

Summary

Lets the Administrator give money to States so they can run two kinds of drinking-water programs: one to watch over public water systems, and one to protect underground water sources. A State must apply in the form the Administrator requires. For a State’s first award for the public water system program, the Administrator must find that the State will set up the program and take primary enforcement responsibility within one year of the grant (a waiver could be allowed through fiscal year 1979 if the Administrator finds the State is making real progress and will meet the October 1, 1979 deadline). Grants pay no more than 75% of a State’s costs for the first year. Each year the Administrator divides the money among States using population, land area, number of public water systems, and similar factors. No State gets less than 1% of the yearly grant money unless the Administrator changes that rule by regulation; that 1% rule does not apply to Guam, American Samoa, or the Virgin Islands. The Administrator must tell a State if its application is approved or denied within 90 days or by the first day of the fiscal year. For these public-water grants, $125,000,000 is authorized for each of fiscal years 2020 and 2021. If the Administrator takes over a State’s program, the Administrator may hold back the amount the State would have received and use it to run the program. If available appropriation funds are too small, the Administrator may take the shortfall from the State’s loan fund allocation (except for States that were not running primary enforcement as of August 6, 1996), and then must carry out the activities the State would have done. The Administrator can also fund State underground water protection programs. A State must take primary enforcement within two years after the Administrator issues underground injection control regulations (this timing rule does not apply to Indian Tribes). Those grants also cover up to 75% of first-year costs and are allotted by population, area, and other factors. The law lists specific past authorized amounts for these grants: $5,000,000 (year ending June 30, 1976); $7,500,000 (year ending June 30, 1977); $10,000,000 (each for fiscal years 1978 and 1979); $7,795,000 (year ending Sept 30, 1980); $18,000,000 (year ending Sept 30, 1981); $21,000,000 (year ending Sept 30, 1982); and not more than: 1987 $19,700,000; 1988 $19,700,000; 1989 $20,850,000; 1990 $20,850,000; 1991 $20,850,000; 1992–2003 $15,000,000. Definitions in the law: “public water system supervision program” — a State program to adopt and enforce drinking-water rules at least as strict as the national rules and to keep required records and reports; “underground water source protection program” — a State program that meets the Administrator’s underground injection control rules and the required recordkeeping and reporting. The Administrator may also fund New York watershed demonstration projects to protect New York City’s source waters, giving priority to peer-reviewed monitoring, and may pay up to 50% of a project’s cost; the Governor must report results within 5 years. For that New York assistance, $15,000,000 is authorized for each fiscal year 2003 through 2010.