U.S Code last checked for updates: May 20, 2024
§ 300g–9.
Capacity development
(a)
State authority for new systems
(b)
Systems in significant noncompliance
(1)
List
(2)
Report
(3)
Withholding
(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;
(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); and
(F)
a description of how the State will, as appropriate—
(i)
encourage development by public water systems of asset management plans that include best practices for asset management; and
(ii)
assist, including through the provision of technical assistance, public water systems in training operators or other relevant and appropriate persons in implementing such asset management plans.
(3)
Report
(4)
Review
(d)
Federal assistance
(1)
In general
(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
(3)
Promulgation of drinking water regulations
(4)
Guidance for new systems
(5)
Information on asset management practices
(e)
Variances and exemptions
(f)
Small public water systems technology assistance centers
(1)
Grant program
(2)
Responsibilities of the centers
(3)
Applications
(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
(6)
Authorization of appropriations
(g)
Environmental finance centers
(1)
In general
(2)
National capacity development clearinghouse
(3)
Capacity development techniques
(4)
Authorization of appropriations
(5)
Limitation
(July 1, 1944, ch. 373, title XIV, § 1420, as added Pub. L. 104–182, title I, § 119, Aug. 6, 1996, 110 Stat. 1647; amended Pub. L. 115–270, title II, § 2012, Oct. 23, 2018, 132 Stat. 3849.)
cite as: 42 USC 300g-9