640.107. Drinking water revolving fund--loans and grants--funds for training and technical assistance. - Missouri Statutes

Drinking water revolving fund--loans and grants--funds for trainingand technical assistance.

640.107. 1. There is hereby established, as a subfund of the waterand wastewater fund established in section 644.122, RSMo, the "DrinkingWater Revolving Fund", which shall be maintained and accounted forseparately, and which shall consist of moneys from all lawful public andprivate sources including legislative appropriations, federalcapitalization grants, interest on investments and principal and interestpayments with respect to loans made from the drinking water revolving fund. Money in the drinking water revolving fund may be used only for purposesas are authorized in the federal Safe Drinking Water Act, as amended, andthe American Recovery and Reinvestment Act of 2009 as enacted by the 111thUnited States Congress.

2. The commission shall, consistent with the requirements of thefederal Safe Drinking Water Act and the American Recovery and ReinvestmentAct of 2009 for the drinking water revolving fund to become eligible forcapitalization grants from the United States Environmental ProtectionAgency, establish criteria and procedures for the selection of projects andthe making of loans or the grant of loan subsidies for disadvantagedcommunities.

3. After providing for review and public comment, and in accordancewith the requirements for such plans set forth in the federal Safe DrinkingWater Act, the commission shall annually prepare an intended use plan forthe funds available in the drinking water revolving fund.

4. Consistent with the requirements of the federal Safe DrinkingWater Act, and only to the extent funds are available to be obligated foreligible projects of public water systems, in developing its annualintended use plan, the commission shall make available no less thanthirty-five percent, but may make available greater than thirty-fivepercent, of the moneys credited to the drinking water revolving fund solelyfor project loans and loan subsidies for projects of systems serving fewerthan ten thousand people in accordance with the following:

Systems Serving: Percentage:

0 - 3,300 people 20%

3,301 - 9,999 people 15%provided that, in any fiscal year, loan subsidies may not exceed themaximum percentage as specified in the federal Safe Drinking Water Act. Inany fiscal year in which there are insufficient applicants and projects inthe population categories listed in this subsection to allocate thepercentages of funds specified pursuant to this subsection, any balance offunds otherwise reserved for systems serving fewer than ten thousand peopleshall be available for obligation to eligible projects from any eligibleapplicant. Such uncommitted balances shall be redistributed in accordancewith the intended use plan.

5. The department shall make available two percent of the moneys fromthe federal capitalization grants received pursuant to this section fortraining and technical assistance to public water systems serving fewerthan ten thousand people. Training and technical assistance providedpursuant to this subsection shall be consistent with rules of thecommission.

6. The state may provide assistance, as funds are available, pursuantto this chapter to any eligible public water system pursuant to the federalSafe Drinking Water Act, as amended, to assist in the construction ofpublic drinking water facilities as authorized by the commission. Further,the state may provide additional assistance or subsidies to any eligibleentity as described in this subsection in the form of principalforgiveness, negative interest loans, grants, or any combination thereof,to the extent allowed by the federal Safe Drinking Water Act or AmericanRecovery and Reinvestment Act of 2009, as enacted by the 111th UnitedStates Congress, and within the process provided by the MissouriConstitution and revised statutes of the state of Missouri.

(L. 1998 H.B. 1161, A.L. 2009 H.B. 661, A.L. 2009 H.B. 661)

Effective 7-07-09