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224A.111 Creation of federally assisted wastewater revolving fund -- Purpose
-- Duties of authority.
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The federally-assisted wastewater revolving fund shall be established in the
State Treasury and shall be administered by the authority under an agreement
with the Energy and Environment Cabinet to assure compliance with the
federal act.
The fund shall be a dedicated fund and all moneys in the fund shall be
dedicated solely to securing the payment of the principal of, interest on, and
premium, if any, of revenue bonds issued by the authority under subsection (5)
of this section which are to be secured solely by loan payments made by
governmental agencies that have been deposited in the fund, making transfers
to the federally-assisted water supply revolving fund, and providing financial
assistance to government agencies for the construction of publicly owned
treatment works as defined in Section 212 of the federal act and for the
implementation of a management program established under Section 319 of
the federal act and for the development and implementation of a conservation
and management plan under Section 320 of the federal act.
The authority may enter into grant agreements with the administrator of the
United States Environmental Protection Agency and accept capitalization
grants for the revolving fund in accordance with payment schedules
established with the administrator.
All payments from the administrator pursuant to subsection (3) of this section
shall be deposited in the dedicated revolving fund.
The authority may issue its revenue bonds or seek appropriations for deposit
into the revolving fund, including the amounts required to match the
capitalization grants from the administrator. An amount not exceeding the
amount permitted by the federal act may be used for the reasonable costs of
administering the fund, for reviewing and regulating project construction and for
other reasonable costs of complying with the federal act.
The financial assistance which may be provided to governmental agencies by
the revolving fund shall be limited to:
(a) Making loans, on the condition that the loans are made at or below
market interest rates, including interest free loans; that annual principal
and interest payments will commence no later than when project
construction is completed and all loans will be fully amortized not later
than twenty (20) years after project construction is completed; that the
recipient of a loan will establish a dedicated source of revenue for
repayment of loans; and that the fund will be credited with all payments of
principal and interest on all loans;
(b) Guaranteeing, or purchasing insurance for obligations of the fund where
the action would improve credit market access or reduce interest rates;
(c) Providing moneys with which to carry out the requirements of assistance
agreements; and
(d) Providing a source of revenue or security for the payment of principal and
interest on bonds or notes issued by the authority or agencies of the state
if the proceeds of the sale of the bonds will be deposited in the fund.
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The revolving fund shall be established, maintained and credited with
repayments and the fund balance shall be available in perpetuity solely for its
stated purposes.
The authority shall obligate all payments from the administrator of the United
States Environmental Protection Agency as well as the required state match,
within one (1) year after the receipt of the payments.
Financial assistance may be provided from the fund only for those
infrastructure projects which the Finance and Administration Cabinet has
approved from the prioritization schedule prepared by the Energy and
Environment Cabinet.
The authority may make and condition loans from the fund as required by state
or federal law.
The authority shall establish fiscal controls and accounting procedures
sufficient to assure proper accounting during appropriate accounting periods
for payments and disbursements received and made by the revolving fund and
for fund balances at the beginning and end of the accounting period.
The authority or the Energy and Environment Cabinet may make or prepare
any necessary or required plan or report.
The authority or the Energy and Environment Cabinet or the loan recipient
shall make available to the administrator of the United States Environmental
Protection Agency records which the administrator reasonably requires to
review in order to determine compliance with any applicable provision of law.
The authority may enter into any necessary or required agreement and give or
make any necessary or required assurance or certification with any person to
receive payments or grants or to make or provide any financial assistance.
The authority may enter into any necessary or required agreement with federal
or state agencies or persons to carry out the provisions of this section.
If a loan is made from the federally-assisted wastewater revolving fund which
will finance the cost of facility planning and the preparation of plans,
specifications, and estimates for construction of publicly-owned treatment
works, the state shall ensure that if the recipient of the loan receives a grant
under section 201(g) of the federal act for construction of such treatment works
and an allowance under section 201(1)(l) of the federal act for nonfederal funds
expended for the planning and preparation, the recipient shall promptly repay
the loan to the extent of the allowance.
Financial assistance may be provided from the federally assisted wastewater
revolving fund only with respect to a project which is consistent with plans, if
any, developed under Sections 205(j), 208, 303(e), 319, and 320 of the federal
act, as amended.
The authority shall require as a condition of making a loan or providing other
assistance, as described in KRS 224A.100(6), from the fund that the recipient
of the assistance shall maintain project accounts in accordance with
generally-accepted governmental accounting standards.
Assistance may be provided from the fund, other than under subsection (6)(a)
of this section, to a governmental agency with respect to the nonfederal share
of the costs of a treatment works project for which the governmental agency is
receiving assistance from the administrator of the United States Environmental
Protection Agency under any other authority only if the assistance, as
determined by the Finance and Administration Cabinet, is necessary to allow
the project to proceed.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 387, effective July 15, 2010. -Amended 2003 Ky. Acts ch. 38, sec. 1, effective June 24, 2003. -- Amended
1994 Ky. Acts ch. 373, sec. 7, effective July 15, 1994. -- Created 1988 Ky. Acts
ch. 124, sec. 11, effective March 31, 1988.
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