§300g–9 Capacity Development

Summary

States must make sure new community water systems and new nontransient, noncommunity water systems that start after October 1, 1999, can meet technical, managerial, and financial requirements. If a State does not have the legal authority or other ways to ensure that, the State will get only 80 percent of the loan fund money it would otherwise receive. Starting four years after August 6, 1996, a State will get reduced shares of its loan fund unless it is actually making and carrying out a plan to help public water systems gain and keep those capacities: 90 percent in fiscal year 2001, 85 percent in fiscal year 2002, and 80 percent in later years. Each State must, within 1 year after August 6, 1996, make and send to the EPA a list of community and nontransient, noncommunity water systems with a history of serious noncompliance and, when possible, why they failed. Within 5 years after August 6, 1996, each State must report to the EPA on whether enforcement and early capacity efforts helped those systems. The list and report count as part of the State’s capacity development plan. States must write and use a strategy that explains how they will find and help systems that need help, what laws or rules help or hurt capacity building, how they will use available tools to help systems comply, encourage partnerships, train operators, set baselines and measure progress, name involved parties, and encourage asset management plans. The State must report to the Governor about the plan’s success 2 years after adopting it and every 3 years after that. The EPA Administrator must help States build these strategies. Within 180 days after August 6, 1996, the Administrator must review existing State efforts and publish helpful information, start a partnership to develop recommended operator certification guidance and publish that guidance within 18 months, and include a capacity impact analysis when issuing national drinking water rules. The Administrator must publish guidance within 2 years after August 6, 1996, on how States can ensure new systems have capacity, and must review and, if needed, update educational materials about asset management not later than 5 years after October 23, 2018, and at least every 5 years after that. The Administrator may adjust variances and exemptions for small systems as appropriate. The EPA can give grants to colleges to create small public water system technology assistance centers, with selection rules and at least 2 grants to consortia of low-population-density States. Authorized funding for those centers is $2,000,000 for each of fiscal years 1997 through 1999 and $5,000,000 for each of fiscal years 2000 through 2003. The EPA will also fund university-based environmental finance centers and a national clearinghouse. Up to $1,500,000 is authorized for those activities for each of fiscal years 1997 through 2003. None of those funds may be used for lobbying.