Louisiana § RS 40:2822 - Definitions

§ RS 40:2822. Definitions

            As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise:

            (1) "Administrative costs" means costs incurred by the Louisiana Department of Health, office of public health in the administration of the program, including but not limited to:

            (a) Program startup costs.

            (b) Financial administrative costs of servicing loans and issuing debt.

            (c) Costs associated with establishing assistance priorities and carrying out oversight and related activities other than financial administration.

            (d) Financial, management, and legal consulting fees.

            (e) Reimbursement costs for support services from other state agencies.

            (2) "Capitalization grant" means the assistance agreement by which the United States Environmental Protection Agency obligates and awards funds allotted to the state for the purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other monies for other purposes authorized by the federal act.

            (3) "Community water system" means a public water system that serves year-round residents within a residential setting.

            (4) "Cost" means, with reference to a project, all capital costs incurred or to be incurred for a public water system, including but not limited to:

            (a) Engineering, financing, and other fees.

            (b) Construction and interest during construction.

            (c) A reasonable allowance for contingencies to the extent permitted by the federal act and rules promulgated thereunder.

            (5) "Disadvantaged community" means the service area of a public water system wherein the system's existing or projected rates for water service do not meet affordability criteria established under the Intended Use Plan of the Louisiana Department of Health, office of public health.

            (6) "Drinking Water Revolving Loan Fund" means the revolving loan fund established under this Chapter pursuant to the authority of the federal act.

            (7) "Environmental review" means an environmental review process conducted by the Louisiana Department of Health of any public water system that has applied for or has received a loan or other assistance from the program. Nothing in this Paragraph shall prevent the Department of Environmental Quality from fulfilling its responsibilities under the Louisiana Environmental Quality Act (R.S. 30:2001 et seq.).

            (8) "Federal act" means the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).

            (9) "Governmental agency" means the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have the authority to own, construct, or operate a public water system or a wastewater treatment facility and other related activities.

            (10) "Indian tribe" means an Indian tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area within the state.

            (11) "Intended Use Plan" means a document which describes how the state intends to use the federal capitalization grant funds, state matching funds, principal repayments, interest earnings, and any other monies associated with the Drinking Water Revolving Loan Fund Program during each year in order to meet the objectives of the federal act and further the goal of protecting public health.

            (12) "Loan" means a loan of money from the Drinking Water Revolving Loan Fund for eligible project costs.

            (13) "Loan subsidy" means a forgiveness of loan principal, or a portion thereof, up to an amount sufficient to make the project affordable to a disadvantaged community or to a community that the state expects to become a disadvantaged community as the result of a proposed project.

            (14) "Net proceeds" means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks.

            (15) "Non-community water system" means a public water system that serves persons in a nonresidential setting.

            (16) "Nonprofit non-community water system" means a non-community water system that is owned by an entity organized under Louisiana law which qualifies as a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code.

            (17) "Privately owned system" means a public water system that is not owned by a governmental agency.

            (18) "Program" means the Drinking Water Revolving Loan Fund Program as established by this Chapter.

            (19) "Project" means improvements or activities to be undertaken by a public water system which:

            (a) Are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the federal act.

            (b) Further the health protection objectives of the federal act.

            (20) "Public water system" means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily for at least sixty days out of the year. The term includes:

            (a) Any collection, treatment, storage, and distribution facilities under the control of the operator of the system and used primarily in connection with the system.

            (b) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

            (21) "Publicly owned system" means a public water system that is owned by a governmental agency.

            (22) "Set-asides" means use of a portion of the state's allotted capitalization grant funds for various project and non-project activities as authorized under the federal act.

            Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2001, No. 862, §1; Acts 2003, No. 67, §3, eff. May 28, 2003; Acts 2006, No. 39, §1, eff. May 12, 2006.