California Law (Last Updated: March 4, 2014) |
Health and Safety Code - HSC |
Division 104. ENVIRONMENTAL HEALTH |
Part 12. DRINKING WATER |
Chapter 4.5. Safe Drinking Water State Revolving Fund Law of 1997 |
ARTICLE 3. Safe Drinking Water State Revolving Fund |
Section 116760.40.
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The department may undertake any of the following actions to implement the Safe Drinking Water State Revolving Fund:
(a) Enter into agreements with the federal government for federal contributions to the fund.
(b) Accept federal contributions to the fund.
(c) Use moneys in the fund for the purposes permitted by the federal act.
(d) Provide for the deposit of matching funds and other available and necessary moneys into the fund.
(e) Make requests, on behalf of the state, for deposit into the fund of available federal moneys under the federal act.
(f) Determine, on behalf of the state, that public water systems that receive financial assistance from the fund will meet the requirements of, and otherwise be treated as required by, the federal act.
(g) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund.
(h) Take additional incidental action as may be appropriate for adequate administration and operation of the fund.
(i) Enter into an agreement with, and accept matching funds from, a public water system. A public water system that seeks to enter into an agreement with the department and provide matching funds pursuant to this subdivision shall provide to the department evidence of the availability of those funds in the form of a written resolution, or equivalent document, from the public water system before it requests a preliminary loan commitment.
(j) Charge public water systems that elect to provide matching funds a fee to cover the actual cost of obtaining the federal funds pursuant to Section 1452(e) of the federal act (42 U.S.C. Sec. 300j-12) and to process the loan application. The fee shall be waived by the department if sufficient funds to cover those costs are available from other sources.
(k) Use money returned to the fund under Section 116761.85 and any other source of matching funds, if not prohibited by statute, as matching funds for the federal administrative allowance under Section 1452(g) of the federal act (42 U.S.C. Sec. 300j-12).
(l) Establish separate accounts or subaccounts as required or allowed in the federal act and related guidance, for funds to be used for administration of the fund and other purposes. Within the fund the department shall establish the following accounts, including, but not limited to:
(1) A fund administration account for state expenses related to administration of the fund pursuant to Section 1452(g)(2) of the federal act.
(2) A water system reliability account for department expenses pursuant to Section 1452(g)(2)(A), (B), (C), or (D) of the federal act.
(3) A source protection account for state expenses pursuant to Section 1452(k) of the federal act.
(4) A small system technical assistance account for department expenses pursuant to Section 1452(g)(2) of the federal act.
(5) A state revolving loan account pursuant to Section 1452(a)(2) of the federal act.
(6) A wellhead protection account established pursuant to Section 1452(a)(2) of the federal act.
(m) Deposit federal funds for administration and other purposes into separate accounts or subaccounts as allowed by the federal act.
(n) Determine, on behalf of the state, whether sufficient progress is being made toward compliance with the enforceable deadlines, goals, and requirements of the federal act and the California Safe Drinking Water Act, Chapter 4 (commencing with Section 116270).
(o) To the extent permitted under federal law, including, but not limited to, Section 1452(a)(2) and (f)(4) of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300j-12(a)(2) and (f)(4)), use any and all amounts deposited in the fund, including, but not limited to, loan repayments and interest earned on the loans, as a source of reserve and security for the payment of principal and interest on revenue bonds, the proceeds of which are deposited in the fund.
(p) Request the Infrastructure and Economic Development Bank (I-Bank), established under Chapter 2 (commencing with Section 63021) of Division 1 of Title 6.7 of the Government Code, to issue revenue bonds, enter into agreements with the I-Bank, and take all other actions necessary or convenient for the issuance and sale of revenue bonds pursuant to Article 6.3 (commencing with Section 63048.55) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. The purpose of the bonds is to augment the fund.