Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 17 - Kentucky Infrastructure Authority › Section 200 KAR 17:111 - Guidelines for Kentucky Infrastructure Authority Drinking Water and Wastewater Grant Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45.031,
				151.601,
				151.605,
				224A.011,
				224A.020,
				224A.035,
				224A.040,
				224A.050 -224A.314,
				Pub.L.
				117-2, 31 C.F.R. Part 35
NECESSITY, FUNCTION, AND CONFORMITY: On March 11, 2021, the
				American Rescue Plan Act, Pub.L. 117-2, was signed into
				law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus
				Local Fiscal Recovery Fund, which together make up the Coronavirus State and
				Local Fiscal Recovery Funds (SLFRF) program. This program is intended to
				provide support to State, territorial, local, and Tribal governments in
				responding to the economic and public health impacts of COVID-19 and in their
				efforts to contain impacts on their communities, residents, and businesses.
				Effective April 1, 2022, the United States Department of the Treasury issued
				its final rule for the funds, 31 C.F.R. Part 35 , which necessitates withdrawal
				of the existing emergency regulation and the promulgation of a new and
				substantially different emergency regulation.
				KRS
				224A.040 authorizes the Kentucky
				Infrastructure Authority to make grants as funds are available, and
				KRS
				224A.070(1) authorizes the
				Kentucky Infrastructure Authority to promulgate administrative regulations that
				shall define with specificity conditions precedent under which applications for
				loans or grants may be made and the order of priority upon which applications
				shall be acted upon. 2021 Ky Acts ch. 195, requires the authority to promulgate
				administrative regulations to ensure that project approvals are based on
				rational criteria and include a project's readiness to proceed and the
				project's social, economic, and environmental benefits. This administrative
				regulation establishes procedures for governmental agencies to request and
				receive financial assistance for the construction of drinking water and
				wastewater infrastructure projects from funds available to the Kentucky
				Infrastructure Authority.
Section 1.
			 Definitions.
(1) "Applicant" means a
			 governmental agency that has submitted a request to the authority for a grant
			 from authority funds.
(2)
			 "Authority" is defined by
			 KRS
			 224A.011(6).
(3) "Conditional commitment letter" means a
			 letter delivered to the applicant stating the authority's commitment to provide
			 a grant under specifications and subject to the satisfaction of certain
			 conditions by the applicant.
(4)
			 "Kentucky State Clearinghouse" means the project review mechanism, attached to
			 the Department for Local Government, established in
			 KRS
			 45.031.
(5) "Kentucky Uniform System of Accounting"
			 means the elements of a basic accounting system established in
			 KRS
			 224A.306, which is used by a water or
			 wastewater system seeking or using funds of the authority if an alternative
			 accounting system has not been approved by the authority.
(6) "Project" means an infrastructure project
			 related to drinking water or wastewater.
(7) "Unserved" means a customer who does not
			 have access to publicly available potable drinking water or a properly
			 functioning wastewater system.