Pennsylvania § 1558 - Water Supply and Wastewater Infrastructure Program.

§ 1558. Water Supply and Wastewater Infrastructure Program.

(a) Establishment.--There is established a program to be known as the Water Supply and Wastewater Infrastructure Program. The program shall provide financial assistance in the form of single-year or multiyear grants to municipalities and municipal authorities and in the form of loans to municipalities, municipal authorities, industrial development corporations and investor-owned water or wastewater enterprises for water projects which, when completed, construct, expand or improve water and wastewater infrastructure and which are related to economic development.

(b) Application.--A municipality, a municipal authority, an industrial development corporation or an investor-owned water or wastewater enterprise may submit an application to the authority requesting financial assistance for a water project. The application must be on the form required by the board and must include or demonstrate all of the following:

(1) The name and address of the applicant.

(2) A statement of the type and amount of financial assistance sought. If the applicant is requesting financial assistance in the form of a grant, the request may not exceed 75% of the cost of the water project.

(3) A statement of the water project, including a detailed statement of the cost of the water project.

(4) A financial commitment from a responsible source for any cost of the water project in excess of the amount requested. If the applicant is requesting financial assistance in the form of a grant from the department, the financial commitment may not be in the form of a grant from a Commonwealth agency.

(5) A firm commitment from the project user to use the water project upon completion.

(6) Proof that the applicant has secured planning and permit approvals for the water project from the Department of Environmental Protection.

(7) Any other information required by the board.

(c) Review and approval of grant applications.--

(1) If an applicant is requesting financial assistance in the form of a grant, the authority, in conjunction with the Department of Environmental Protection, shall review the application to determine all of the following:

(i) That the applicant is not an investor-owned water or wastewater enterprise.

(ii) If the water project is related to economic development.

(iii) If there is a financial commitment for at least 25% of the water project.

(iv) If the source of the financial commitment is from a responsible source.

(v) If the applicant is firmly committed to using the water project upon completion.

(vi) If the applicant has secured planning and permit approvals for the water project from the Department of Environmental Protection. The water project must be generally consistent with any applicable county or local comprehensive plans.

(vii) If the applicant complied with all other criteria established by the board.

(2) Upon being satisfied that all program requirements have been met, the authority may approve the application consistent with all of the following:

(i) The grant may not exceed $5,000,000 per water project.

(ii) Grants under this program shall not exceed $10,000,000 in the aggregate per municipality or municipal authority.

(iii) The aggregate amount of grants awarded under this subsection shall not exceed $125,000,000.

(iv) The board shall give priority consideration to water projects which are integral for development or redevelopment of sites which are planned for development.

(v) The board has received notice from the Secretary of the Budget that the water project satisfies the Federal tax status requirements of any bonds used to fund the grant.

(3) If the authority approves the application, the authority shall notify the department of the amount approved.

(4) Nothing in this subsection shall be construed to prohibit the awarding of grants to municipalities in which the water supply or wastewater services are provided in whole or in part by an investor-owned water or wastewater enterprise.

(d) Review and approval of loan applications.--

(1) If an applicant is requesting financial assistance in the form of a loan, the authority, in conjunction with the Department of Environmental Protection, shall review the application to determine all of the following:

(i) If the water project is related to economic development.

(ii) If a financial commitment exists for any cost of the water project in excess of the amount requested.

(iii) If the source of the financial commitment is from a responsible source.

(iv) If the water project user is firmly committed to using the water project upon completion.

(v) If the applicant has secured planning and permit approvals for the water project from the Department of Environmental Protection. The water project must be generally consistent with county and local comprehensive plans.

(vi) If the applicant complied with all other criteria established by the board.

(2) Upon being satisfied that all program requirements have been met, the board may approve the application consistent with all of the following:

(i) The loan may not exceed $5,000,000 per water project.

(ii) Loans under this program shall not exceed $25,000,000 in the aggregate per applicant.

(iii) The board shall give priority consideration to water projects which are integral for the development or redevelopment of sites which are planned for development.

(iv) The board must receive notice from the Secretary of the Budget that the water project satisfies the Federal tax status requirements of any bonds used to fund the loan.

(3) If the authority approves the application, the authority shall notify the department of the amount approved.

(e) Report to General Assembly.--

(1) The authority shall submit an annual report to the General Assembly no later than September 1 following the first fiscal year or any portion thereof in which the program is in effect and no later than September 1 for all succeeding fiscal years in which the program is in effect. The report shall include a list of all of the recipients of grants and loans awarded by the authority in the previous fiscal year, the amount of the grants or loans awarded, a description of the water project and the public purposes that it advances and the documentation submitted by the applicant demonstrating that the water project met at least one of the criteria of subsection (b)(7).

(2) The authority shall post a copy of the report to the General Assembly on the World Wide Web site of the Department of Community and Economic Development and the World Wide Web site of the Department of Environmental Protection. The reports shall remain on the sites until the reports for the next year are posted.

(f) Definition.--As used in this section, the term "economic development" means a project which involves the investment of capital in Pennsylvania enterprises and communities or which results in the creation of new or the preservation of existing jobs in this Commonwealth.

(Nov. 30, 2004, P.L.1708, No.218, eff. imd.)

2004 Amendment. Act 218 added section 1558.

Cross References. Section 1558 is referred to in sections 3902, 3904, 3905 of Title 12 (Commerce and Trade).