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Water Supply and Wastewater Infrastructure Program - 64 Pa. Cons. Stat. § 1558

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     § 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).

Last modified: November 27, 2007