§ 751.10. Financial assistance
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 19, 2013
Effective: June 19, 2013
35 P.S. § 751.10
§ 751.10. Financial assistance
(b) Financing priorities.--In assigning priorities for projects, the board shall consult with the Department of Commerce1 and the department. In addition to any requirements of Federal law imposed on the use of Federal funds, the board shall determine priorities based on factors which include, but are not limited to:
(9) Whether a storm water project is sponsored by more than one municipality and is located at strategic locations determined by the basin-wide studies undertaken under the act of October 4, 1978 (P.L. 864, No. 167), known as the Storm Water Management Act,2 or other joint municipal or county efforts.
(i) the project is located within a watershed for which a county has adopted a watershed storm water management plan and the municipality has adopted ordinances required to implement the plan as required by the Storm Water Management Act or as required by the National Pollutant Discharge Elimination System (NPDES) storm water permitting requirements;
(ii) the project is specifically designed to maintain and/or improve existing water quality and to comply with the act of June 22, 1937 (P.L. 1987, No. 394),3 known as The Clean Streams Law, or storm water permitting requirements; or
(iii) the project is located in a municipality which has enacted a storm water management ordinance that requires land owners and any person engaged in the alteration or development of land to implement measures to ensure that the maximum rate, volume and quality of storm water runoff is no greater after the development than prior to development activities as required by the Storm Water Management Act or The Clean Streams Law.
(b.2) Nonpoint source management program projects.--A project that is consistent with Pennsylvania's Nonpoint Source Management Program Update, as required under section 319(b) of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1329(b)), that has a water quality benefit as determined by the department, shall be eligible for funding.
(c) Decision of board.--Establishment of priority for financial assistance under subsection (b) or (d) shall not be deemed to be a final action under 2 Pa.C.S. (relating to administrative law and procedure), nor shall it confer a right or duty upon the board or any other person. A decision as to an applicant's eligibility under subsection (a) may be appealed pursuant to 2 Pa.C.S., but the priority assigned the project may not be raised in that appeal.
(2) The board shall establish a program to financially assist storm water projects for municipalities with a population of 12,000 people or less. In addition to other factors which the board in its discretion may consider in assigning priorities under this program, preference shall be given where the municipality impacted by the project:
(e) Grants.--Grants shall be made only when the board, in its sole discretion, 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. In considering grant applications, the authority may recommend, either before or after the determination of the board, that the recipient pursue other State grant programs, including, but not limited to, the Site Development program, the Federal Small Communities Block Grant program and the Federal Urban Development Action Grant program. Should the board determine that a grant is necessary from the authority, the board shall attempt to mix the grant funds with loan funds, if financially possible.
(f) Loans.--Subject to any agreements with the holders of bonds, the board shall have the power to set terms applicable to loans in any manner it deems appropriate, subject to the provisions of this subsection. The board may consider such factors as it deems relevant, including current market interest rates, the financial and economic distress of the area which the project serves, and the necessity to maintain the authority funds in a financially sound manner. Loans may be made based on the ability to repay the loan from future revenue to be derived from the project, by a mortgage or other property lien, or on any other fiscal matters which the authority deems appropriate. The board shall have the power to defer principal on loans for up to five years. In the event of a default on the repayment of a loan, the board may apply to the court of common pleas of the county where the project is located for the appointment of a receiver to assume operation and supervision of the facility under the supervision of the court. The minimum rate of interest to be paid on any loan made pursuant to this act shall be 1%. The maximum rate of interest shall not exceed the following:
For purposes of this subsection, the phrase “unemployment rate of the county” shall mean the average unemployment rate for the county in the most recent calendar year for which data has 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. For purposes of this subsection, the phrase “bond interest rate” shall be the rate of interest paid by the Commonwealth immediately preceding the date of the loan for the bonds issued under sections 16 and 17.4
(g) Limitation on annual assistance.--The amount of assistance approved by the board under subsection (e) shall not in any fiscal year exceed the amount of interest earnings, State appropriations and any funds received specifically for grants which are deposited into the accounts of the authority. This limitation shall not apply to projects funded prior to January 1, 1989, but the total amount of assistance under subsection (e) prior to January 1, 1989, shall not exceed $15,000,000, excluding moneys specifically appropriated by the General Assembly for grants.
(i) Limitation.--The provisions of other law notwithstanding, all projects eligible for assistance under this act shall be determined to be site development projects as referenced in the act of April 9, 1929 (P.L. 343, No. 176), known as The Fiscal Code.5 In no case shall total assistance to any single project total more than $11,000,000, or $20,000,000 if a project serves more than one municipality, except that the board by a vote of at least nine members may authorize loans in excess of $20,000,000 to comprehensive projects providing or proposing consolidated service to a region encompassing all or parts of four or more municipalities. Total assistance to a storm water project shall not exceed $1,000 for each resident of the municipality or municipalities being served by the project or $10,000,000, whichever is less.
(j) Continuing education of operators.--No agreement with individuals or entities shall be valid in the absence of an agreement by the individuals or entities seeking assistance under this act to assure that the system operators are participating or will participate in continuing education programs developed by the department. If the board determines that the system operator of a system receiving assistance is not participating in continuing education programs, the board shall take all steps necessary to cease all financial assistance and recover all prior payments, including, but not limited to, the immediate repayment of any outstanding loans and interest and any grants. The provisions of this subsection shall not apply to cases where financial assistance is provided for storm water projects.
(1) The applicant shall allow the authority and its successors, agents and representatives the right, at all reasonable times during construction and after completion of the project, to enter upon and inspect the project and to examine and make copies of the applicant's books, records, accounting data and other documents pertaining to the project and the financial condition of the applicant.
(m) Refinancing limitation.--Financial assistance shall not be available under this act for refinancing of any project except that the Water Pollution Control Revolving Fund may be used to the extent authorized by the Water Quality Act of 1987 (Public Law 100-4, 101 Stat. 7) for projects commenced after March 7, 1985.
(n) Steel procurement.--Every application shall contain a certification that the applicant shall, in every contract for the acquisition, repair, construction, reconstruction, rehabilitation, extension, expansion, improvement, alteration or maintenance of any water supply or sewage treatment system, comply with the provisions of the act of March 3, 1978 (P.L. 6, No. 3), known as the Steel Products Procurement Act.6
1988, March 1, P.L. 82, No. 16, § 10, imd. effective. Amended 1992, Dec. 16, P.L. 1137, No. 149, § 5, effective in 60 days; 2013, June 19, P.L. 51, No. 16, § 2, imd. effective.
Now Department of Community and Economic Development. See 71 P.S. § 1709.2103.
32 P.S. § 680.1 et seq.
35 P.S. § 691.1 et seq.
35 P.S. §§ 751.16 and 751.17.
72 P.S. § 1 et seq.
73 P.S. § 1881 et seq.
35 P.S. § 751.10, PA ST 35 P.S. § 751.10
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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