§ 1383. Water pollution control revolving loan funds

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 100–4 title II § 212(a) · 101 Stat. 7

   Enacted · 33 U.S.C. § 1383

   June 30, 1948, ch. 758, title VI, § 603, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 23

   Source evidence

   Code source credit
   June 30, 1948, ch. 758, title VI, § 603, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 23

   Enacted provision · exact public law section
   (a) Establishment of Program.— The Act is amended by adding at the end thereof the following new title: “TITLE VI— STATE WATER POLLUTION CONTROL REVOLVING FUNDS “SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS. “(a) General Authority.— Subject to the provisions of this title, the Administrator shall make capitalization grants to each State for the purpose of establishing a water pollution control revolving fund for providing assistance (1) for construction of treatment works (as 33 USC 1292. Post, p. 52. defined in section 212 of this Act) which are publicly owned, (2) for implementing a management program under section 319, and (3) for developing and implementing a conservation and management plan Post, p. 61 under section 320. “(b) Schedule of Grant Payments.— The Administrator and each State shall jointly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this title. Such schedule shall be based on Post, p. 25. the State’s intended use plan under section 606(c) of this Act, except that— “(1) such payments shall be made in quarterly installments, and “(2) such payments shall be made as expeditiously as possible, but in no event later than the earlier of— “(A) 8 quarters after the date such funds were obligated by the State, or “(B) 12 quarters after the date such funds were allotted to the State. “SEC. 602. CAPITALIZATION GRANT AGREEMENTS. “(a) General Rule.— To receive a capitalization grant with funds Post, p. 27. made available under this title and section 205(m) of this Act, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection (b) of this section. “(b) Specific Requirements.— The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that— “(1) the State will accept grant payments with funds to be made available under this title and section 205(m) of this Act in accordance with a payment schedule established jointly by the Administrator under section 601(b) of this Act and will deposit all such payments in the water pollution control revolving fund established by the State in accordance with this title; “(2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this title and section 205(m) of this Act on or before the date on which each quarterly grant payment will be made to the State under this title; “(3) the State will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment; “(4) all funds in the fund will be expended in an expeditious and timely manner; “(5) all funds in the fund as a result of capitalization grants under this title and section 205(m) of this Act will first be used Post, p. 27. to assure maintenance of progress, as determined by the Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this Act, including the municipal compliance deadline; “(6) treatment works eligible under section 603(c)(1) of this Act which will be constructed in whole or in part before fiscal year 1995 with funds directly made available by capitalization grants under this title and section 205(m) of this Act will meet the requirements of, or otherwise be treated (as determined by the Governor of the State) under sections 201(b), 201(g)(1), 201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(1), 201(o), 204(a)(1), 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and 513 of this Act in the same manner as treatment works constructed with 33 USC 1281, 1284, 1291, 1298, 1371, 1372. 33 USC 1281. assistance under title II of this Act; “(7) in addition to complying with the requirements of this title, the State will commit or expend each quarterly grant payment which it will receive under this title in accordance with laws and procedures applicable to the commitment or expenditure of revenues of the State; “(8) in carrying out the requirements of section 606 of this Act, the State will use accounting, audit, and fiscal procedures Post, p. 25. conforming to generally accepted government accounting standards; “(9) the State will require as a condition of making a loan or Loans. providing other assistance, as described in section 603(d) of this Act, from the fund that the recipient of such assistance will maintain project accounts in accordance with generally accepted government accounting standards; and “(10) the State will make annual reports to the Administrator Reports. on the actual use of funds in accordance with section 606(d) of this Act. “SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. “(a) Requirements for Obligation of Grant Funds.— Before a State may receive a capitalization grant with funds made available under this title and section 205(m) of this Act, the State shall first establish a water pollution control revolving fund which complies with the requirements of this section. “(b) Administration.— Each State water pollution control revolving fund shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements and objectives of this Act. “(c) Projects Eligible for Assistance.— The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance (1) to any municipality, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 212 of this Act), (2) for the implementation of a management program established 33 USC 1292. Post, p. 52. Post, p. 61. under section 319 of this Act, and (3) for development and implementation of a conservation and management plan under section 320 of this Act. The fund shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing such financial assistance. “(d) Types of Assistance.— Except as otherwise limited by State law, a water pollution control revolving fund of a State under this section may be used only— “(1) to make loans, on the condition that— “(A) such loans are made at or below market interest rates, including interest free loans, at terms not to exceed 20 years; “(B) annual principal and interest payments will commence not later than 1 year after completion of any project and all loans will be fully amortized not later than 20 years after project completion; “(C) the recipient of a loan will establish a dedicated source of revenue for repayment of loans; and “(D) the fund will be credited with all payments of principal and interest on all loans; “(2) to buy or refinance the debt obligation of municipalities and intermunicipal and interstate agencies within the State at or below market rates, where such debt obligations were incurred after March 7, 1985; “(3) to guarantee, or purchase insurance for, local obligations where such action would improve credit market access or reduce interest rates; “(4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of such bonds will be deposited in the fund; “(5) to provide loan guarantees for similar revolving funds established by municipalities or intermunicipal agencies; “(6) to earn interest on fund accounts; and “(7) for the reasonable costs of administering the fund and conducting activities under this title, except that such amounts shall not exceed 4 percent of all grant awards to such fund under this title. “(e) Limitation To Prevent Double Benefits.— If a State makes, from its water pollution revolving fund, a loan which will finance the cost of facility planning and the preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan 33 USC 1281. receives a grant under section 201(g) of this Act for construction of such treatment works and an allowance under section 201(l)(1) of this Act for non-Federal funds expended for such planning and preparation, such recipient will promptly repay such loan to the extent of such allowance. “(f) Consistency With Planning Requirements.— A State may provide financial assistance from its water pollution control revolving fund only with respect to a project which is consistent with plans, if any, developed under sections 205(j), 208, 303(e), 319, and 320 of this Act. “(g) Priority List Requirement.— The State may provide financial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (c)(1) if such project is on the State’s priority 33 USC 1296. list under section 216 of this Act. Such assistance may be provided regardless of the rank of such project on such list. “(h) Eligibility of Non-Federal Share of Construction Grant Projects.— A State water pollution control revolving fund may provide assistance (other than under subsection (d)(1) of this section) to a municipality or intermunicipal or interstate agency with respect to the non-Federal share of the costs of a treatment works project for which such municipality or agency is receiving assistance from the Administrator under any other authority only if such assistance is necessary to allow such project to proceed. “SEC. 604. ALLOTMENT OF FUNDS. “(a) Formula.— Sums authorized to be appropriated to carry out this section for each of fiscal years 1989 and 1990 shall be allotted by the Administrator in accordance with section 205(c) of this Act. “(b) Reservation of Funds for Planning.— Each State shall reserve each fiscal year 1 percent of the sums allotted to such State under this section for such fiscal year, or $100,000, whichever amount is greater, to carry out planning under sections 205(j) and 303(e) of this Act. “(c) Allotment Period.— “(1) Period of availability for grant award.— Sums allotted to a State under this section for a fiscal year shall be available for obligation by the State during the fiscal year for which sums are authorized and during the following fiscal year. “(2) Reallotment of unobligated funds.— The amount of any allotment not obligated by the State by the last day of the 2-year period of availability established by paragraph (1) shall be immediately reallotted by the Administrator on the basis of the same ratio as is applicable to sums allotted under title II of this Act for the second fiscal year of such 2-year 33 USC 1281. period. None of the funds reallotted by the Administrator shall be reallotted to any State which has not obligated all sums allotted to such State in the first fiscal year of such 2-year period. “SEC. 605. CORRECTIVE ACTION. “(a) Notification of Noncompliance.— If the Administrator determines that a State has not complied with its agreement with the Administrator under section 602 of this Act or any other Ante, p. 22. requirement of this title, the Administrator shall notify the State of such noncompliance and the necessary corrective action. “(b) Withholding of Payments.— If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action. “(c) Reallotment of Withheld Payments.— If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this title. “SEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE PLAN. “(a) Fiscal Control and Auditing Procedures.— Each State electing to establish a water pollution control revolving fund under this title shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods for— “(1) payments received by the fund; “(2) disbursements made by the fund; and “(3) fund balances at the beginning and end of the accounting period. “(b) The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the General Accounting 31 USC 7501 et seq. Office, including chapter 75 of title 31, United States Code. “(c) Intended Use Plan.— After providing for public comment and review, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to— “(1) a list of those projects for construction of publicly owned treatment works on the State’s priority list developed pursuant 33 USC 1296. Post, pp. 52, 62. to section 216 of this Act and a list of activities eligible for assistance under sections 319 and 320 of this Act; “(2) a description of the short- and long-term goals and objectives of its water pollution control revolving fund; “(3) information on the activities to be supported, including a description of project categories, discharge requirements under titles III and IV of this Act, terms of financial assistance, and communities served; “(4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 602(b) of this Act; and “(5) the criteria and method established for the distribution of funds. “(d) Annual Report.— Beginning the first fiscal year after the receipt of payments under this title, the State shall provide an annual report to the Administrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund. “(e) Annual Federal Oversight Review.— The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this title. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Administrator such records as the Administrator reasonably requires to review and determine compliance with this title. “(f) Applicability of Title II Provisions.— Except to the extent 33 USC 1281. provided in this title, the provisions of title II shall not apply to grants under this title. “SEC. 607. AUTHORIZATION OF APPROPRIATIONS. “There is authorized to be appropriated to carry out the purposes of this title the following sums: “(1) $1,200,000,000 per fiscal year for each of fiscal years 1989 and 1990; “(2) $2,400,000,000 for fiscal year 1991; “(3) $1,800,000,000 for fiscal year 1992; “(4) $1,200,000,000 for fiscal year 1993; and “(5) $600,000,000 for fiscal year 1994.”.

2. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 5003(1) · 128 Stat. 1193

   1. Added · 33 U.S.C. § 1383(c)

      Pub. L. 113–121, § 5003(1), added subsec. (c)

   2. Struck · 33 U.S.C. § 1383(c)

      Pub. L. 113–121, § 5003(1), struck out former subsec. (c). Prior to amendment, text read as follows: “The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance (1) to any municipality, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 1292 of this title), (2) for the implementation of a management program established under section 1329 of this title, and (3) for development and implementation of a conservation and management plan under section 1330 of this title. The fund shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing such financial assistance.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–121, § 5003(1), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance (1) to any municipality, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 1292 of this title), (2) for the implementation of a management program established under section 1329 of this title, and (3) for development and implementation of a conservation and management plan under section 1330 of this title. The fund shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing such financial assistance.”

   Enacted provision · exact public law section
   (1) by striking subsection (c) and inserting the following: “(c) Projects and Activities Eligible for Assistance.— The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance— “(1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 212); “(2) for the implementation of a management program established under section 319; “(3) for development and implementation of a conservation and management plan under section 320; “(4) for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage; “(5) for measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water; “(6) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse; “(7) for the development and implementation of watershed projects meeting the criteria set forth in section 122; “(8) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works; “(9) for reusing or recycling wastewater, stormwater, or subsurface drainage water; “(10) for measures to increase the security of publicly owned treatment works; and “(11) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works— “(A) to plan, develop, and obtain financing for eligible projects under this subsection, including planning, design, and associated preconstruction activities; and “(B) to assist such treatment works in achieving compliance with this Act.” ;

   Effective date note
   Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

3. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 5003(2)(A)(i) · 128 Stat. 1193

   Substituted · 33 U.S.C. § 1383(d)(1)(A)

   Pub. L. 113–121, § 5003(2)(A)(i), substituted “the lesser of 30 years and the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan” for “20 years”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(A). Pub. L. 113–121, § 5003(2)(A)(i), substituted “the lesser of 30 years and the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan” for “20 years”.

   Enacted provision · exact public law section
   (i) in subparagraph (A), by striking “20 years” and inserting “the lesser of 30 years and the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan”;

   Effective date note
   Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

4. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 5003(2)(A)(ii) · 128 Stat. 1193

   Substituted · 33 U.S.C. § 1383(d)(1)(B)

   Pub. L. 113–121, § 5003(2)(A)(ii), substituted “upon the expiration of the term of the loan” for “not later than 20 years after project completion”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B). Pub. L. 113–121, § 5003(2)(A)(ii), substituted “upon the expiration of the term of the loan” for “not later than 20 years after project completion”.

   Enacted provision · exact public law section
   (ii) in subparagraph (B), by striking “not later than 20 years after project completion” and inserting “upon the expiration of the term of the loan”;

   Effective date note
   Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

5. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 5003(2)(A)(iii) · 128 Stat. 1193

   Added · 33 U.S.C. § 1383(d)(1)(E)

   Pub. L. 113–121, § 5003(2)(A)(iii)–(v), added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (d)(1)(E). Pub. L. 113–121, § 5003(2)(A)(iii)–(v), added subpar. (E).

   Enacted provision · exact public law section
   (iii) in subparagraph (C), by striking “and” at the end;

   Effective date note
   Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

6. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 5003(2)(B) · 128 Stat. 1193

   Inserted · 33 U.S.C. § 1383(d)(7)

   Pub. L. 113–121, § 5003(2)(B), inserted “, $400,000 per year, or ⅕ percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source” before period at end

   Source evidence

   Code amendment note
   Subsec. (d)(7). Pub. L. 113–121, § 5003(2)(B), inserted “, $400,000 per year, or ⅕ percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source” before period at end.

   Enacted provision · exact public law section
   (B) in paragraph (7), by inserting “, $400,000 per year, or ⅕ percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source” before the period at the end; and

   Effective date note
   Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

7. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 5003(3) · 128 Stat. 1193

   Added · 33 U.S.C. § 1383(i)

   Pub. L. 113–121, § 5003(3), added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 113–121, § 5003(3), added subsec. (i).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(i) Additional Subsidization.— “(1) In general.— In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans— “(A) to benefit a municipality that— “(i) meets the affordability criteria of the State established under paragraph (2); or “(ii) does not meet the affordability criteria of the State if the recipient— “(I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; “(II) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and “(III) ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or “(B) to implement a process, material, technique, or technology— “(i) to address water-efficiency goals; “(ii) to address energy-efficiency goals; “(iii) to mitigate stormwater runoff; or “(iv) to encourage sustainable project planning, design, and construction. “(2) Affordability criteria.— “(A) Establishment.— “(i) In general.— Not later than September 30, 2015, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under subsection (c)(1) if additional subsidization is not provided. “(ii) Contents.— The criteria under clause (i) shall be based on income and unemployment data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161). “(B) Existing criteria.— If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A)— “(i) the State may use the criteria for the purposes of this subsection; and “(ii) those criteria shall be treated as affordability criteria established under this paragraph. “(C) Information to assist states.— The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). “(3) Limitations.— “(A) In general.— A State may provide additional subsidization in a fiscal year under this subsection only if the total amount appropriated for making capitalization grants to all States under this title for the fiscal year exceeds $1,000,000,000. “(B) Additional limitation.— “(i) General rule.— Subject to clause (ii), a State may use not more than 30 percent of the total amount received by the State in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection. “(ii) Exception.— If, in a fiscal year, the amount appropriated for making capitalization grants to all States under this title exceeds $1,000,000,000 by a percentage that is less than 30 percent, clause (i) shall be applied by substituting that percentage for 30 percent. “(C) Applicability.— The authority of a State to provide additional subsidization under this subsection shall apply to amounts received by the State in capitalization grants under this title for fiscal years beginning after September 30, 2014. “(D) Consideration.— If the State provides additional subsidization to a municipality or intermunicipal, interstate, or State agency under this subsection that meets the criteria under paragraph (1)(A), the State shall take the criteria set forth in section 602(b)(5) into consideration.” .

   Effective date note
   Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

8. 2016

   Water Infrastructure Improvements for the Nation Act

   Pub. L. 114–322 § 5012(1) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 1383(i)(1)

   Pub. L. 114–322, § 5012(1), substituted “to an eligible recipient” for “to a municipality or intermunicipal, interstate, or State agency” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (i)(1). Pub. L. 114–322, § 5012(1), substituted “to an eligible recipient” for “to a municipality or intermunicipal, interstate, or State agency” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the matter preceding subparagraph (A) by striking “to a municipality or intermunicipal, interstate, or State agency” and inserting “to an eligible recipient”; and

9. 2016

   Water Infrastructure Improvements for the Nation Act

   Pub. L. 114–322 § 5012(2) · 130 Stat. 1628

   Inserted · 33 U.S.C. § 1383(i)(1)(A)

   Pub. L. 114–322, § 5012(2), inserted “in assistance to a municipality or intermunicipal, interstate, or State agency” before “to benefit” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (i)(1)(A). Pub. L. 114–322, § 5012(2), inserted “in assistance to a municipality or intermunicipal, interstate, or State agency” before “to benefit” in introductory provisions.

   Enacted provision · exact public law section
   (2) in subparagraph (A), in the matter preceding clause (i), by inserting “in assistance to a municipality or intermunicipal, interstate, or State agency” before “to benefit”.

10. 2018

    America’s Water Infrastructure Act of 2018

    Pub. L. 115–270 § 4107(a)(1) · 132 Stat. 3765

    Added · 33 U.S.C. § 1383(c)(12)

    Pub. L. 115–270, § 4107(a)(1), added par. (12)

    Source evidence

    Code amendment note
    Subsec. (c)(12). Pub. L. 115–270, § 4107(a)(1), added par. (12).

    Enacted provision · exact public law section
    (1) in subsection (c)— (A) by striking “and” at the end of paragraph (10); (B) by striking “Act.” at the end of paragraph (11) and inserting “Act; and”; and (C) by inserting after paragraph (11) the following: “(12) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance to an eligible individual (as defined in subsection (j))— “(A) for the repair or replacement of existing individual household decentralized wastewater treatment systems; or “(B) in a case in which an eligible individual resides in a household that could be cost-effectively connected to an available publicly owned treatment works, for the connection of the applicable household to such treatment works.” ; and

11. 2018

    America’s Water Infrastructure Act of 2018

    Pub. L. 115–270 § 4107(a)(2) · 132 Stat. 3765

    Added · 33 U.S.C. § 1383(j)

    Pub. L. 115–270, § 4107(a)(2), added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 115–270, § 4107(a)(2), added subsec. (j).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(j) Definition of Eligible Individual.— In subsection (c)(12), the term ‘eligible individual’ means a member of a household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State in which the household is located, according to the most recent decennial census.” .

12. 2021

    Drinking Water and Wastewater Infrastructure Act of 2021

    Pub. L. 117–58 § 50210(a)(1)(A) · 135 Stat. 429

    Inserted · 33 U.S.C. § 1383(d)

    Pub. L. 117–58, § 50210(a)(1)(A), inserted “and provided in subsection (k)” after “State law” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–58, § 50210(a)(1)(A), inserted “and provided in subsection (k)” after “State law” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subsection (d), in the matter preceding paragraph (1), by inserting “and provided in subsection (k)” after “State law”;

13. 2021

    Drinking Water and Wastewater Infrastructure Act of 2021

    Pub. L. 117–58 § 50210(a)(1)(B)(i) · 135 Stat. 429

    Substituted · 33 U.S.C. § 1383(i)(1)

    Pub. L. 117–58, § 50210(a)(1)(B)(i), substituted “(including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt)” for “, including forgiveness of principal and negative interest loans” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 117–58, § 50210(a)(1)(B)(i), substituted “(including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt)” for “, including forgiveness of principal and negative interest loans” in introductory provisions.

    Enacted provision · exact public law section
    (i) in paragraph (1), in the matter preceding subparagraph (A), by striking “, including forgiveness of principal and negative interest loans” and inserting “(including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt)”; and

14. 2021

    Drinking Water and Wastewater Infrastructure Act of 2021

    Pub. L. 117–58 § 50210(a)(1)(B)(ii) · 135 Stat. 429

    1. Added · 33 U.S.C. § 1383(i)(3)(B)

       Pub. L. 117–58, § 50210(a)(1)(B)(ii), added subpar. (B)

    2. Struck · 33 U.S.C. § 1383(i)(3)(B)

       Pub. L. 117–58, § 50210(a)(1)(B)(ii), struck out former subpar. (B) which made an additional limitation on additional subsidization under subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i)(3)(B). Pub. L. 117–58, § 50210(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B) which made an additional limitation on additional subsidization under subsec. (i).

    Enacted provision · exact public law section
    (ii) in paragraph (3), by striking subparagraph (B) and inserting the following: “(B) Total amount of subsidization.— “(i) In general.— For each fiscal year, of the amount of the capitalization grant received by the State under this title, the total amount of additional subsidization made available by a State under paragraph (1)— “(I) may not exceed 30 percent; and “(II) to the extent that there are sufficient applications for assistance to communities described in that paragraph, may not be less than 10 percent. “(ii) Exclusion.— A loan from the water pollution control revolving fund of a State with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subparagraph.” ; and

15. 2021

    Drinking Water and Wastewater Infrastructure Act of 2021

    Pub. L. 117–58 § 50210(a)(1)(C) · 135 Stat. 429

    Added · 33 U.S.C. § 1383(k)

    Pub. L. 117–58, § 50210(a)(1)(C), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 117–58, § 50210(a)(1)(C), added subsec. (k).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(k) Additional Use of Funds.— A State may use an additional 2 percent of the funds annually awarded to each State under this title for nonprofit organizations (as defined in section 104(w)) or State, regional, interstate, or municipal entities to provide technical assistance to rural, small, and tribal publicly owned treatment works (within the meaning of section 104(b)(8)(B)) in the State.” .

17 of 17 references resolved to an enrolled provision