
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300g-9]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                      Part B--Public Water Systems
 
Sec. 300g-9. Capacity development


(a) State authority for new systems

    A State shall receive only 80 percent of the allotment that the 
State is otherwise entitled to receive under section 300j-12 of this 
title (relating to State loan funds) unless the State has obtained the 
legal authority or other means to ensure that all new community water 
systems and new nontransient, noncommunity water systems commencing 
operation after October 1, 1999, demonstrate technical, managerial, and 
financial capacity with respect to each national primary drinking water 
regulation in effect, or likely to be in effect, on the date of 
commencement of operations.

(b) Systems in significant noncompliance

                              (1) List

        Beginning not later than 1 year after August 6, 1996, each State 
    shall prepare, periodically update, and submit to the Administrator 
    a list of community water systems and nontransient, noncommunity 
    water systems that have a history of significant noncompliance with 
    this subchapter (as defined in guidelines issued prior to August 6, 
    1996, or any revisions of the guidelines that have been made in 
    consultation with the States) and, to the extent practicable, the 
    reasons for noncompliance.

                             (2) Report

        Not later than 5 years after August 6, 1996, and as part of the 
    capacity development strategy of the State, each State shall report 
    to the Administrator on the success of enforcement mechanisms and 
    initial capacity development efforts in assisting the public water 
    systems listed under paragraph (1) to improve technical, managerial, 
    and financial capacity.

                           (3) Withholding

        The list and report under this subsection shall be considered 
    part of the capacity development strategy of the State required 
    under subsection (c) of this section for purposes of the withholding 
    requirements of section 300j-12(a)(1)(G)(i) of this title (relating 
    to State loan funds).

(c) Capacity development strategy

                           (1) In general

        Beginning 4 years after August 6, 1996, a State shall receive 
    only--
            (A) 90 percent in fiscal year 2001;
            (B) 85 percent in fiscal year 2002; and
            (C) 80 percent in each subsequent fiscal year,

    of the allotment that the State is otherwise entitled to receive 
    under section 300j-12 of this title (relating to State loan funds), 
    unless the State is developing and implementing a strategy to assist 
    public water systems in acquiring and maintaining technical, 
    managerial, and financial capacity.

                             (2) Content

        In preparing the capacity development strategy, the State shall 
    consider, solicit public comment on, and include as appropriate--
            (A) the methods or criteria that the State will use to 
        identify and prioritize the public water systems most in need of 
        improving technical, managerial, and financial capacity;
            (B) a description of the institutional, regulatory, 
        financial, tax, or legal factors at the Federal, State, or local 
        level that encourage or impair capacity development;
            (C) a description of how the State will use the authorities 
        and resources of this subchapter or other means to--
                (i) assist public water systems in complying with 
            national primary drinking water regulations;
                (ii) encourage the development of partnerships between 
            public water systems to enhance the technical, managerial, 
            and financial capacity of the systems; and
                (iii) assist public water systems in the training and 
            certification of operators;

            (D) a description of how the State will establish a baseline 
        and measure improvements in capacity with respect to national 
        primary drinking water regulations and State drinking water law; 
        and
            (E) an identification of the persons that have an interest 
        in and are involved in the development and implementation of the 
        capacity development strategy (including all appropriate 
        agencies of Federal, State, and local governments, private and 
        nonprofit public water systems, and public water system 
        customers).

                             (3) Report

        Not later than 2 years after the date on which a State first 
    adopts a capacity development strategy under this subsection, and 
    every 3 years thereafter, the head of the State agency that has 
    primary responsibility to carry out this subchapter in the State 
    shall submit to the Governor a report that shall also be available 
    to the public on the efficacy of the strategy and progress made 
    toward improving the technical, managerial, and financial capacity 
    of public water systems in the State.

                             (4) Review

        The decisions of the State under this section regarding any 
    particular public water system are not subject to review by the 
    Administrator and may not serve as the basis for withholding funds 
    under section 300j-12 of this title.

(d) Federal assistance

                           (1) In general

        The Administrator shall support the States in developing 
    capacity development strategies.

                    (2) Informational assistance

        (A) In general

            Not later than 180 days after August 6, 1996, the 
        Administrator shall--
                (i) conduct a review of State capacity development 
            efforts in existence on August 6, 1996, and publish 
            information to assist States and public water systems in 
            capacity development efforts; and
                (ii) initiate a partnership with States, public water 
            systems, and the public to develop information for States on 
            recommended operator certification requirements.

        (B) Publication of information

            The Administrator shall publish the information developed 
        through the partnership under subparagraph (A)(ii) not later 
        than 18 months after August 6, 1996.

           (3) Promulgation of drinking water regulations

        In promulgating a national primary drinking water regulation, 
    the Administrator shall include an analysis of the likely effect of 
    compliance with the regulation on the technical, financial, and 
    managerial capacity of public water systems.

                    (4) Guidance for new systems

        Not later than 2 years after August 6, 1996, the Administrator 
    shall publish guidance developed in consultation with the States 
    describing legal authorities and other means to ensure that all new 
    community water systems and new nontransient, noncommunity water 
    systems demonstrate technical, managerial, and financial capacity 
    with respect to national primary drinking water regulations.

(e) Variances and exemptions

    Based on information obtained under subsection (c)(3) of this 
section, the Administrator shall, as appropriate, modify regulations 
concerning variances and exemptions for small public water systems to 
ensure flexibility in the use of the variances and exemptions. Nothing 
in this subsection shall be interpreted, construed, or applied to affect 
or alter the requirements of section 300g-4 or 300g-5 of this title.

(f) Small public water systems technology assistance centers

                          (1) Grant program

        The Administrator is authorized to make grants to institutions 
    of higher learning to establish and operate small public water 
    system technology assistance centers in the United States.

                 (2) Responsibilities of the centers

        The responsibilities of the small public water system technology 
    assistance centers established under this subsection shall include 
    the conduct of training and technical assistance relating to the 
    information, performance, and technical needs of small public water 
    systems or public water systems that serve Indian Tribes.

                          (3) Applications

        Any institution of higher learning interested in receiving a 
    grant under this subsection shall submit to the Administrator an 
    application in such form and containing such information as the 
    Administrator may require by regulation.

                       (4) Selection criteria

        The Administrator shall select recipients of grants under this 
    subsection on the basis of the following criteria:
            (A) The small public water system technology assistance 
        center shall be located in a State that is representative of the 
        needs of the region in which the State is located for addressing 
        the drinking water needs of small and rural communities or 
        Indian Tribes.
            (B) The grant recipient shall be located in a region that 
        has experienced problems, or may reasonably be foreseen to 
        experience problems, with small and rural public water systems.
            (C) The grant recipient shall have access to expertise in 
        small public water system technology management.
            (D) The grant recipient shall have the capability to 
        disseminate the results of small public water system technology 
        and training programs.
            (E) The projects that the grant recipient proposes to carry 
        out under the grant are necessary and appropriate.
            (F) The grant recipient has regional support beyond the host 
        institution.

                       (5) Consortia of States

        At least 2 of the grants under this subsection shall be made to 
    consortia of States with low population densities.

                 (6) Authorization of appropriations

        There are authorized to be appropriated to make grants under 
    this subsection $2,000,000 for each of the fiscal years 1997 through 
    1999, and $5,000,000 for each of the fiscal years 2000 through 2003.

(g) Environmental finance centers

                           (1) In general

        The Administrator shall provide initial funding for one or more 
    university-based environmental finance centers for activities that 
    provide technical assistance to State and local officials in 
    developing the capacity of public water systems. Any such funds 
    shall be used only for activities that are directly related to this 
    subchapter.

           (2) National capacity development clearinghouse

        The Administrator shall establish a national public water system 
    capacity development clearinghouse to receive and disseminate 
    information with respect to developing, improving, and maintaining 
    financial and managerial capacity at public water systems. The 
    Administrator shall ensure that the clearinghouse does not duplicate 
    other federally supported clearinghouse activities.

                 (3) Capacity development techniques

        The Administrator may request an environmental finance center 
    funded under paragraph (1) to develop and test managerial, 
    financial, and institutional techniques for capacity development. 
    The techniques may include capacity assessment methodologies, manual 
    and computer based public water system rate models and capital 
    planning models, public water system consolidation procedures, and 
    regionalization models.

                 (4) Authorization of appropriations

        There are authorized to be appropriated to carry out this 
    subsection $1,500,000 for each of the fiscal years 1997 through 
    2003.

                           (5) Limitation

        No portion of any funds made available under this subsection may 
    be used for lobbying expenses.

(July 1, 1944, ch. 373, title XIV, Sec. 1420, as added Pub. L. 104-182, 
title I, Sec. 119, Aug. 6, 1996, 110 Stat. 1647.)

                  Section Referred to in Other Sections

    This section is referred to in section 300j-12 of this title.
