reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.11 - Project implementation and reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following general requirements will
				apply to all water facilities projects:
(1)
				Before beginning any construction work, the applicant shall have a
				preconstruction conference with the applicant's contractor or engineer and the
				Department, to include a survey of work to be accomplished and the scheduling
				of periodic examinations by the Department. The applicant shall begin
				implementing the project, in accordance with its application, within 12 months
				of loan approval by the Board. If the applicant does not begin implementation
				within 12 months, the loan may be withdrawn by the Board.
(2) The applicant shall not deviate from the
				scope or time schedule for any project unless written approval is given by the
				Board.
(3) The applicant shall
				maintain project progress and financial records to substantiate all
				expenditures and activities shown in the approved organization and management
				plan and budget for the project.
(4) The applicant shall furnish the Board
				with semiannual project status reports until the project is completed. The
				applicant shall also provide the Board with its annual financial report for
				each year throughout the repayment period of the loan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.12 - Loan disbursement and loan repayment

Current through Register Vol. 54, No. 28, July 13, 2024
An appropriate schedule and requirements for disbursements
				  and repayment of loan funds shall be established for each project and made a
				  part of the loan agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.2 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				owner or operator of a facility or system for the collection, treatment or
				disposal of wastewater, including industrial waste, or for the supply,
				treatment, storage or distribution of drinking water is an eligible project
				sponsor and may apply for financial assistance. The owner or operator may be
				either a public or private entity, including a person, corporation,
				partnership, association, municipal authority or governmental unit.
(b) If the applicant is a lessee or operator,
				the applicant shall apply jointly with the facility or system owner for
				financial assistance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.3 - Financial assistance criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will consider the following
				criteria when considering applications for financial consideration:
(1) Whether the project will improve the
				health, safety, welfare or economic well being of the people of this
				Commonwealth.
(2) Whether the
				proposed project will lead to an effective or complete solution to the problems
				experienced with the water supply or sewage treatment system to be aided,
				including compliance with State and Federal laws, regulations or
				standards.
(3) The
				cost-effectiveness of the proposed project in comparison with other
				alternatives, including other institutional, financial and physical
				alternatives.
(4) The consistency
				of the proposed project with other State and regional resource management and
				economic development plans. These plans may include, but are not limited to,
				the State Water Plan, the municipal sewerage plan for the area served adopted
				under the Pennsylvania Sewage Facilities Act (35 P. S. §§
											750.1-750.20) and the State's Economic
				Development Strategy.
(5) Whether
				the applicant has demonstrated its ability to operate and maintain the project
				in a proper manner.
(6) Whether the
				project encourages consolidation of water or sewer systems where the
				consolidation would enable the customers of the systems to be more effectively
				and efficiently served.
(7) The
				availability of other sources of funds at reasonable rates to finance all or a
				portion of the project and the need for authority assistance to finance the
				project or to attract the other sources of funding. The Board may require the
				applicant to participate in financing a project when it determines that the
				applicant has the financial capability to do so and that the participation is
				desirable.
(8) No project will be
				considered for financial assistance which will have a detrimental impact on
				this Commonwealth's air, land or water, or on the natural scenic, historic or
				aesthetic values of the environment unless the environmental harm can be
				satisfactorily mitigated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.4 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				application shall be made on forms approved by the Board and be addressed to
				the Authority.
(b) The Department
				of Environmental Resources and the Department of Commerce will provide the
				administrative staff of the Board with a written evaluation of each
				application.
(c) The fundamental
				objectives that will guide project selection are improvements to public health,
				public safety and the environment. Performance on other criteria will also
				influence project evaluations and selection. The following are the general
				criteria that will be used in evaluating projects, and specific examples of
				performance in each of these criteria.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.5 - Wastewater project evaluation criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Public health and
				safety.
(1) Direct human impact due
				to onlot malfunctions or inadequately treated sewage.
(2) Severity of individual or public water
				supply contamination.
(3) Degree of
				impact on public bathing areas.
(4)
				Severity of safety hazards from deteriorated facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.6 - Water project evaluation criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Public health.
(1) Elimination of an ongoing public health
				hazard.
Example
: Correcting VOC or Giardia
				contamination.
(2) Elimination of a
				periodic or potential health hazard.
Example
: Correcting
				malfunctioning disinfection system.
(3) Preventive maintenance-related to health
				hazards.
Example
: Covering of finished water
				reservoir.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.7 - Eligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition
				to the costs enumerated in the act, eligible project costs considered by the
				Board may include, but not be limited to, the following:
(1) Project design and engineering, including
				the development of prefeasibility, feasibility and planning studies, plans,
				specifications, cost estimates, surveys and project inspection and
				management.
(2) Financial condition
				and audit reports required for financial assistance application.
(3) Administrative costs, including financial
				reporting costs, generated by the project and specifically included in the
				financial assistance agreement.
(4)
				Acquisition of property rights and equipment that are preliminary to or a
				necessary part of the project. Acquisition of property rights may include the
				costs associated with the acquisition, including taxes, fees, surveys, title
				insurance and relocation fees specifically included in the financial assistance
				agreement.
(5) Legal service fees
				generated by the project.
(6)
				Permit fees.
(7) Insurance or bonds
				associated with the construction of the project.
(8) Security bonds, necessary reserves and
				costs of establishing and securing total financing arrangements for the
				project.
(9) Interest during
				construction or financing of the project and allowance for funds used during
				construction.
(10) Project
				construction, including labor, materials, machinery, equipment and site
				preparation associated with the project.
(11) Other costs determined by the Board to
				be necessary or incidental to the project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.8 - Ineligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sewerage.
The following activities conducted in conjunction
				with sewerage project development and construction are not eligible for
				financial assistance:
(1) Cost of acquisition
				or construction of house laterals and interior plumbing.
(2) Projects that have not secured planning
				and permit approvals under Chapters 71, 91 and 92 (relating to administration
				of sewage facilities program; general provisions; and National Pollutant
				Discharge Elimination System permitting, monitoring and compliance).
(3) Costs associated with the purchase of
				land that is not a component in the physical, biological or chemical treatment
				process.
(4) Legal or professional
				fees associated with litigation of a Commonwealth enforcement action.
(5) Costs associated with replanning or
				redesign subsequent to loan approval except where unforeseen site conditions
				discovered during construction requires replanning or redesign.
(6) Costs associated with the development of
				an approvable Official Sewage Plan under the Pennsylvania Sewage Facilities Act
				(35
				P. S. §§
											750.1-750.20).
(7) Costs associated with refinancing
				projects, as specified in section 10(m) of the act (35 P. S. §
											751.10(m)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.9 - Grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Grants will be
				considered only when the Board determines that the financial condition of the
				recipient is such that repayment of a loan is unlikely and that the recipient
				will not be able to proceed with the project without a grant. If the Board
				determines that a grant is appropriate, the Board will attempt to mix the grant
				funds with loan funds, if financially possible.
(b) In determining whether a grant should be
				offered, and, if so, what proportion of the financial assistance offered should
				constitute a grant and what portion should constitute a loan, the Board will
				consider the ultimate effect that financing a project's costs will have on the
				rates that customers will have to pay. A rate increase will be compared with
				local incomes and ability to pay in assessing the need for a grant. In doing
				this assessment, the Board may consider factors including, but not limited to,
				the following:
(1) The median household
				income of the system's service area.
(2) Existing and projected user
				fees.
(3) The financial condition
				of the applicant, including revenues, expenses, debt structure, equity
				position, available collateral and financial condition of an owner or parent
				organization.
(4) The social,
				economic and financial condition of the community served, including population
				change, percentage of senior citizens and percentage of low and moderate income
				persons.
(5) The inability of the
				applicant to secure grant funding from other sources.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.10 - Loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The term of
				loans shall normally be 20 years from the day the loan agreements are executed.
				The Board may specify different terms in cases that it deems necessary or
				desirable to do so.
(b) The
				borrower shall pay interest at the determined rate on funds disbursed during
				construction. Upon completion of the project and its acceptance by the Board,
				or upon 3 years from the date the loan agreements are executed, whichever comes
				first, payments of principal and interest shall become due and payable upon an
				amortization schedule to be established by the Board. The Board may defer the
				initiation of the repayment of principal up to 5 years from the date the loan
				agreements are executed. The borrower may begin principal and interest payments
				sooner than required in this subsection if it so chooses.
(c) The minimum rate of interest to be paid
				on a loan shall be 1%. The maximum rate of interest may not exceed the
				following:
(1) For projects in counties where
				the unemployment rate exceeds the Statewide unemployment rate by 40% or more,
				1% for the first 5 years and 25% of the bond interest rate for the remainder of
				the loan.
(2) For projects in
				counties where the unemployment rate exceeds the Statewide unemployment rate,
				but exceeds it by less than 40%, 30% of the bond interest rate for the first 5
				years and 60% of the bond interest rate for the remainder of the
				loan.
(3) For other projects, 60%
				of the bond interest rate for the first 5 years and 75% of the bond interest
				rate for the remainder of the loan.
(4) For projects located within
				municipalities for which unemployment rates exist that would qualify the
				project for lower interest rates than if the relevant county unemployment rates
				were used, the unemployment rate of that municipality may be used in
				determining the interest rate on the loan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.11 - Funding limitations

Current through Register Vol. 54, No. 28, July 13, 2024
In no case may total assistance to a single project total
				  more than $11 million or $20 million if a project serves more than one
				  municipality, except that the Board by an affirmative vote of at least nine
				  members may authorize loans in excess of $20 million to comprehensive projects
				  providing or proposing consolidated services to a region encompassing all or
				  parts of four or more municipalities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 961 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY GUIDELINES › Section 961.12 - Project implementation and reporting

Current through Register Vol. 54, No. 28, July 13, 2024
For each project approved by the Board, the administrative
				  staff will develop financial assistance documents which will, among other
				  things, define the terms and conditions under which the financial assistance is
				  offered, the project management plans, project cost breakdown, project scope,
				  reporting requirements and other legal documents as determined to be necessary
				  by the Authority.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to owners and operators of water,
				  wastewater or stormwater facilities who apply for financial assistance under
				  the act for the acquisition, construction, improvement, expansion, repair or
				  rehabilitation of water, wastewater or stormwater systems.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.4 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				owner or operator of a facility or system for the collection, treatment or
				disposal of wastewater, including industrial wastewater, or an owner or
				operator of a facility or system for the collection, treatment, storage or
				distribution of drinking water, is an eligible project sponsor and may apply
				for financial assistance. The owner or operator shall be a public or private
				entity, including a person, corporation, partnership, association, municipal
				authority or governmental unit who has legal and financial responsibility for
				the project during the term of the financial assistance provided by the
				Authority.
(b) If the applicant is
				a lessee or operator, the applicant shall apply jointly with the facility or
				system owner for financial assistance.
(c) A municipality that is not an owner,
				operator or lessee may sponsor a project and apply for financial assistance
				from the Authority if the following conditions are met:
(1) The applicant pledges sufficient
				collateral, provides sufficient guarantees or otherwise makes financial
				provisions to assure the Authority, to its satisfaction, that a loan it makes
				to the applicant will be repaid or that a loan or bond guarantee it provides
				the applicant will not be compromised.
(2) The applicant enters into agreements with
				the operator of the project being financed by the Authority and a larger system
				of which it is a part, to assure the competent, professional operation of the
				project and system, as well as compliance with section 10(j) of the act
				(35
				P. S. §
											751.10(j)) as
				implemented in §
										963.19 (relating to continuing
				education of system operators).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.6 - Funds and accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Authority may establish separate funds and accounts, under section 5(c) of the
				act (35 P. S. §
										751.5(c)).
(b) On an annual basis, the Board will adopt
				a budget which will include an estimate by fund and account of monies
				anticipated to be available to the Authority during the fiscal year and monies
				anticipated to be committed for projects during the fiscal year.
(c) The Authority will establish the Water
				Pollution Control Revolving Fund to receive funds under section 603 of the
				Water Quality Act of 1987 (33 U.S.C.A. §
										1383).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.7 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				potential applicant shall first participate in a planning consultation with the
				Department's Project Engineer serving the potential applicant's county. The
				purpose of the planning consultation is to:
(1) Discuss relevant water supply, wastewater
				abatement and stormwater management needs.
(2) Perform a prefeasibility assessment to
				identify and screen alternative solutions, including opportunities for
				consolidating water systems and other institutional alternatives.
(3) Examine alternative funding
				sources.
(4) Discuss procedures and
				information needed to complete the application and implement the
				project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.8 - Wastewater project evaluation criteria

Current through Register Vol. 54, No. 28, July 13, 2024
The following are wastewater project evaluation
				  criteria:
(1)
Public health
				and safety.
(i) Direct human impact
				due to onlot system malfunctions or inadequately treated sewage.
(ii) Severity of individual or public water
				supply contamination.
(iii) Degree
				of impact on public bathing areas.
(iv) Severity of safety hazards from
				deteriorated facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.9 - Water project evaluation criteria

Current through Register Vol. 54, No. 28, July 13, 2024
The following are water project evaluation criteria:
(1)
Public health.
(i) Elimination of an ongoing public health
				hazard.
(ii) Elimination of a
				periodic or potential health hazard.
(iii) Preventive maintenance-related to
				health hazards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.9a - Stormwater project evaluation criteria

Current through Register Vol. 54, No. 28, July 13, 2024
The following are stormwater project evaluation
				  criteria:
(1)
Public health
				and safety.
(i) Elimination of
				critical ongoing safety or health hazard.
(ii) Elimination of a chronic safety or
				health hazard which frequently occurs.
(iii) Elimination of a potential safety or
				health hazard associated with periodic flooding.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.10 - Approval of applications: priority of loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At each regularly scheduled meeting, the
				Board will approve, deny or defer each application presented at the
				meeting.
(b) The deferral of an
				application will not have an effect on its priority or ranking at a subsequent
				Board meeting.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.12 - Ineligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sewerage.
The following activities conducted in conjunction
				with sewerage project development and construction are not eligible for
				financial assistance:
(1) Costs of acquisition
				or construction of interior plumbing and that portion of house laterals that is
				neither owned by, nor the responsibility of, the applicant wastewater
				system.
(2) Projects that have not
				secured planning and permit approvals under Chapters 71, 91 and 92 (relating to
				administration of sewage facilities planning program; general provisions; and
				National Pollutant Discharge Elimination System permitting, monitoring and
				compliance).
(3) Costs associated
				with the purchase of land that is not a component in the collection process or
				the physical, biological or chemical treatment process or are costs which would
				not qualify as "eligible costs" under §
										963.11(a)(4)
				(relating to eligible costs).
(4)
				Legal or professional fees associated with litigation of a Commonwealth
				enforcement action.
(5) Costs
				associated with replanning or redesign subsequent to loan approval except where
				unforeseeable site conditions discovered during construction require replanning
				or redesign. The applicant/borrower shall demonstrate to the Authority that
				extensive effort was made in examining site conditions before planning and
				design were finalized. The Authority may also approve replanning or redesign
				costs if the replanning or redesign would result in cost savings sufficient, in
				the Authority's judgment, to justify those costs.
(6) Costs associated with the development of
				an approvable official sewage plan under the Pennsylvania Sewage Facilities Act
				(35
				P. S. §§
											750.1-750.20).
(7) Costs associated with the extraction for
				profit of minerals or other resources from wastewater or sludges unless, in the
				case of public facilities, the profits from the extraction will be used solely
				to reduce system user costs.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.13 - Advance funding

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Advance funding assistance.
The Authority may make funding
				available to finance those activities undertaken prior to application for
				construction financing-for example, feasibility analyses, design and
				engineering work. Definitions, provisions, restrictions, procedures and
				authorizations that are enumerated in the act and in this chapter apply in the
				same manner to advance funding assistance as they do to construction financing
				assistance, except as modified by subsections (b)-(i).
(b)
Types of assistance.
(1)
Drinking water projects.
Advance funding assistance may be available for two separate types of
				activities, each requiring the submittal of its own application as follows:
(i)
Feasibility analyses.
Costs associated with prefeasibility and feasibility studies may be funded.
				Applicants shall complete an Advance Funding Application for Feasibility
				Analyses to apply for the funding needed to help identify problems, possible
				solutions, alternative sources of financing, and the like, and to perform
				related tasks undertaken prior to, but not including, the design and
				engineering of a potential construction project.
(ii)
Design and engineering.
Costs associated with design and engineering work can be funded by financial
				assistance obtained by completing an Advance Funding Application for Design and
				Engineering. Eligible costs include those incurred between the point of
				completing a feasibility analysis and the point of applying for construction
				financing, although prior costs incurred for feasibility analysis may be
				reimbursed by this financial assistance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.14 - Grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A grant will be
				considered only when the Board determines that the financial condition of the
				recipient indicates that repayment of a loan is unlikely and that the recipient
				will not be able to proceed with the project without a grant. If the Board
				decides to award a grant, the Board will attempt to mix the grant funds with
				loan funds.
(b) In determining
				whether a grant should be offered, and, if so, what proportion of the financial
				assistance offered should constitute a grant and what portion should constitute
				a loan, the Board will consider the ultimate effect that financing a project's
				costs will have on the rates that customers will have to pay. A rate increase
				will be compared with local incomes and ability to pay in assessing the need
				for a grant. In doing this assessment, the Board may consider factors
				including, but not limited to, the following:
(1) The median household income of the
				system's service area.
(2) Existing
				and projected user fees.
(3) The
				financial condition of the applicant, including revenues, expenses, debt
				structure, equity position, available collateral and financial condition of an
				owner or parent organization.
(4)
				The social, economic and financial condition of the community served by the
				project in comparison with communities in similar socio-economic
				circumstances.
(5) The inability of
				the applicant to secure grant funding from other sources.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.15 - Loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The term of
				loans shall normally be 20 years from the day the loan agreements are executed.
				The Board may specify different terms in cases that it deems necessary or
				desirable to do so.
(b) The
				borrower shall pay interest at the determined rate on funds disbursed during
				construction. Upon completion of the project and its acceptance by the Board,
				or upon 3 years from the date the loan agreements are executed, whichever comes
				first, payments of principal and interest shall become due and payable upon an
				amortization schedule to be established by the Board. The Board may defer the
				initiation of the repayment of principal up to 5 years from the date the loan
				agreements are executed. The borrower may begin principal and interest payments
				sooner than required here, if it so chooses.
(c) The minimum rate of interest to be paid
				on a loan is 1%. The maximum rate of interest may not exceed the following:
(1) For projects in counties where the
				unemployment rate exceeds the Statewide unemployment rate by 40% or more, 1%
				for the first 5 years and 25% of the bond interest rate for the remainder of
				the loan.
(2) For projects in
				counties where the unemployment rate exceeds the Statewide unemployment rate,
				but exceeds it by less than 40%, 30% of the bond interest rate for the first 5
				years and 60% of the bond interest rate for the remainder of the
				loan.
(3) For other projects, 60%
				of the bond interest rate for the first 5 years and 75% of the bond interest
				rate for the remainder of the loan.
(4) For projects within municipalities for
				which unemployment rates exist which would qualify the project for lower
				interest rates than if the relevant county unemployment rates were used, the
				unemployment rate of that municipality may be used in determining the interest
				rate on the loan.
(5) As used in
				this subsection, "unemployment rate of the county" means the average
				unemployment rate for the county in the most recent calendar year for which
				data have been finalized. For the projects which serve multiple counties, the
				highest unemployment rate of the counties involved shall be used. The
				unemployment data utilized shall be data reported by the Department of Labor
				and Industry.
(6) As used in this
				subsection, "bond interest rate" means the rate of interest paid by the
				Commonwealth immediately preceding the date of the loan for the general
				obligation bonds used to finance the loan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.16 - Other forms of assistance

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority may provide other forms and methods of
				  assistance in addition to loans and grants, as provided in section 10(h) of the
				  act (35 P. S. §
										751.10(h)). Other forms and
				  methods include, but are not limited to, bond and loan guarantees and the
				  purchase or insurance of bonds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.17 - Funding limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Refinancing.
(1) As provided
				in section 10(m) of the act (35 P. S. §
											751.10(m)), financial
				assistance will not be available for refinancing of a project, except that the
				Water Pollution Control Revolving Fund may be used to the extent authorized by
				the Water Quality Act of 1987 (33 U.S.C.A. §§
											1251-1387;
				1414a) for a project commenced
				after March 7, 1985.
(2) The
				provision of financial assistance by the Authority will be prohibited under
				this section when one of the following conditions applies for an applicant's
				project:
(i) Construction is initiated prior
				to the time that application to the Board for financial assistance is approved,
				and, except as otherwise provided in subsection (b) or (h), a Letter of No
				Prejudice has not been issued by the Authority.
(ii) The applicant has adequate long-term
				financing in place prior to initiation of construction, and completion of the
				project with this financing will result in reasonable user rates, relative to
				the project users' ability to pay, and the rates paid by users of systems in
				comparable socio-economic circumstances.
(3) For purposes of this section, the term
				"long-term financing" excludes a credit accommodation-including a loan, line of
				credit, bond financing or other credit facility-which:
(i) Has a final maturity date not exceeding
				the later of one of the following:
(A) Five
				years from the date the credit accommodation was consummated.
(B) Six months following the anticipated
				completion of construction, as evidenced by a certificate of the consulting
				engineer to the applicant or other evidence acceptable to the
				Authority.
(ii) Can be
				prepaid by the applicant on or before a date which is not later than 90 days
				following the date upon which the financial assistance is provided by the
				Authority.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.18 - Project implementation and reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For each project approved by the Board,
				the administrative staff will develop financial assistance documents which
				will, among other things, define the terms and conditions under which the
				financial assistance is offered, the project management plan, project cost
				breakdown, project scope and other legal documents determined to be necessary
				by the Authority.
(b) Before
				beginning construction work, the applicant and its engineer shall confer with
				the Department project engineer to confirm the scope and schedule of the
				project and schedule periodic inspections by the Department. The applicant
				shall begin construction of the project, in accordance with its application,
				within 12 months of approval by the Board. If the applicant does not begin
				implementation within 12 months and continue work without unreasonable
				interruption, the financial assistance may be withdrawn by the Board.
(c) The applicant may not deviate from the
				scope, approved design or time schedule for a project unless written approval
				is given by the Authority.
(1)
Scope
				changes.
(i) If the deviation or
				change involves one or more of the following it is considered a scope change:
(A) An increase or decrease in the scale of a
				project that results in either more or fewer people being served.
(B) A change in process that uses a different
				method to achieve the same result.
(C) Performing a different function within a
				project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.19 - Continuing education of system operators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for financial assistance
				shall include a 5-year operator training plan as part of the assistance
				application. The operator training plan shall be reviewed and updated at 5-year
				intervals-or more often if appropriate-and shall be submitted to the Authority
				for approval within 3 months of the end of each 5-year cycle. The 5-year
				training plan shall specify the education programs in which identified system
				operators or supporting staff plan to participate each year. The minimum level
				of educational topics included in the training plan shall correlate to the
				classification of the treatment facility being operated.
(b) Education sources to be included in the
				5-year training plan may include the following:
(1) Water and wastewater treatment facility
				operator training courses conducted or certified by the Department of Community
				Affairs or equivalent courses conducted or approved by the
				Department.
(2) Appropriate related
				courses provided by an accredited university or institution or approved by the
				Department.
(3) Specialty courses,
				professional seminars or operator outreach training programs conducted or
				sponsored by State or Federal agencies, organizations such as the Water
				Pollution Control Federation, the Water Pollution Control Association of
				Pennsylvania, the American Water Works Association, the American Society of
				Civil Engineers and the National Rural Water Association.
(4) Reasonable substitutions or modifications
				may be made to the plan if projected training courses are unavailable or become
				inappropriate.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE › Section 963.20 - Second opinion project review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				the total estimated construction cost plus any amount allocated for contingency
				for a project is greater than $10 million, the applicant shall have a second
				opinion project review completed.
(1) Prior to
				project design, an applicant shall participate in a project consultation with
				the Department and, if required by this section, shall make plans for a second
				opinion project review.
(2) An
				applicant shall provide the Department with a time line indicating the
				anticipated beginning and end dates of the second opinion project review if a
				review is required by this section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				applies to governmental units which own sewerage facilities and which apply for
				financial assistance for sewerage projects and governmental units or private
				individuals who are constructing or maintaining nonpoint source projects or
				estuary protection projects.
(b)
				Chapter 963 (relating to Pennsylvania Infrastructure Investment Authority
				Assistance) also applies to this chapter except to the extent it is
				inconsistent with this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.3 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Eligible applicants are governmental units which own or will
				  own sewerage facilities or governmental units and private individuals who are
				  constructing or maintaining nonpoint source projects or estuary protection
				  projects.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.4 - Eligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
Eligible costs include:
(1) Costs approved by the Board which are
				necessary for construction of public sewerage facilities.
(2) Costs approved by the Board which are
				necessary for construction associated with secondary treatment or advanced
				treatment, or both.
(3) Costs
				approved by the Board which are necessary for construction associated with
				cost-effective alternatives to secondary treatment or advanced treatment, or
				both.
(4) Costs approved by the
				Board which are necessary for the construction of interceptor sewers.
(5) Costs approved by the Board which are
				necessary for construction associated with the correction of an
				infiltration/inflow problem.
(6)
				Costs approved by the Board which are necessary for construction associated
				with the rehabilitation or replacement of collector sewer systems only when the
				applicant demonstrates that the collector sewer system is necessary to assure
				the total integrity of the sewerage system.
(7) Costs approved by the Board which are
				necessary for construction of new collector systems only when the applicant
				demonstrates that sufficient treatment capacity exists.
(8) Costs associated with the completion of
				the second opinion project review required under §
									965.7 (relating to second opinion
				project review).
(9) Other eligible
				costs as defined under §
									963.1 (relating to definitions)
				which are approved by the Board, except that costs associated with the purchase
				of land for rights of way or easements under the Uniform Relocation Assistance
				and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. §§
										4601-4655), are not eligible.
(10) Costs associated with the refinancing of
				local debt incurred after March 5, 1985, only when the applicant demonstrates
				the following:
(i) The construction started
				after March 5, 1985, but before March 1, 1988.
(ii) The original debt was incurred to comply
				with a State or Federal compliance schedule.
(iii) The project has met the requirements of
				the Water Quality Act.
(iv) The
				project has undergone an environmental review as required by the
				Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.5 - Preapplication procedures

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant may be required to attend a preapplication
				  conference during which financial assistance documents will be identified and
				  explained. This conference will not be considered as part of the formal
				  application procedure and verbal statements made during the conference will not
				  bind the Authority, the Department or the applicant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.6 - Application procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				addition to the requirements under Chapter 963 (relating to Pennsylvania
				Infrastructure Investment Authority Assistance), an applicant for sewerage
				facilities shall also include the following information in the application:
(1) An ordinance or resolution passed by the
				governmental unit authorizing the filing of the application and identifying the
				individuals authorized to sign the application and act on behalf of the
				governmental unit.
(2) Two separate
				ordinances or resolutions authorizing the governmental units to file an
				application and designate the governmental unit to be the lead applicant and a
				draft of an intermunicipal agreement, if two or more governmental units are
				filing one application.
(3) A
				written statement that the applicant will comply with applicable Federal and
				State laws and regulations required for projects funded by the CWSRF.
(4) A comprehensive official sewage plan or
				update revision developed in accordance with the Pennsylvania Sewage Facilities
				Act (35 P. S. §§
											750.1-750.20) and Chapter 71 (relating to
				administration of sewage facilities planning program) and which includes the
				following requirements of projects funded by the CWSRF:
(i) A written certification that innovative
				and alternative technologies were considered and evaluated when developing
				solutions to the applicant's needs.
(ii) A written certification that the
				applicant had one public meeting before the adoption of its comprehensive
				official sewage plan.
(5)
				A written certification that the project is included in the governmental unit's
				official sewage plan or revision approved by the Department under the
				Pennsylvania Sewage Facilities Act.
(6) A written certification that the project
				will comply with the CWSRF program and will undergo the SERP as required by the
				Department and the Authority.
(7) A
				copy of permits or approvals necessary for the completion of the project as
				designed except for permits or approvals which cannot be obtained until
				construction is started.
(8) A copy
				of a draft sewer ordinance and a draft ordinance establishing a user charge
				system.
(9) A copy of a draft
				engineering agreement for building services.
(10) A copy of the Capital Financing
				Plan.
(11) Other information which
				may be required by the Authority to demonstrate the applicant's compliance with
				the laws of the Commonwealth and to effectuate the purposes of the act and the
				CWSRF.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.7 - Second opinion project review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				the total estimated construction cost plus any amount allocated for contingency
				for a project is greater than $10 million, the applicant shall have a second
				opinion project review completed.
(1) Prior to
				project design, the applicant shall participate in a project consultation with
				the Department and, if required by this section, shall make plans for a second
				opinion project review.
(2) When a
				second opinion project review is required, applicant shall provide the
				Department with a time line indicating the anticipated beginning and end dates
				for the review
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.8 - Terms of financial assistance

Current through Register Vol. 54, No. 28, July 13, 2024
Financial assistance from the CWSRF shall be in the form of
				  loans and the loans may not be longer than the term permitted by section
				  603(d)(1)(A) of the Water Quality Act (33 U.S.C.A. §
										1383(d)(1)(A)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.9 - Loan conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				borrower shall certify in writing that it has the legal, institutional and
				financial capability to implement the project over its entire design life. For
				sewerage facilities, this certification shall include the following:
(1) A certified copy of its sewer use
				ordinance which shall be enacted prior to receiving 95% of the loan
				funds.
(2) A certified copy of its
				ordinance or resolution establishing a user charge system, which shall be
				implemented prior to receiving 95% of the loan funds.