42 U.S. Code § 300j–19f - Operational sustainability of small public water systems

(a) DefinitionsIn this section:
(1) Eligible entityThe term “eligible entity” means—
(A)
a State;
(B)
a unit of local government;
(C)
a public corporation established by a unit of local government to provide water service;
(D)
a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system;
(E)
an Indian Tribe that owns or operates a public water system;
(F)
a nonprofit organization that provides technical assistance to public water systems; and
(G)
a Tribal consortium.
(2) Operational sustainability

The term “operational sustainability” means the ability to improve the operation of a small system through the identification and prevention of potable water loss due to leaks, breaks, and other metering or infrastructure failures.

(3) Program

The term “program” means the grant program established under subsection (b).

(4) Small systemThe term “small system”, for the purposes of this section, means a public water system that—
(A)
serves fewer than 10,000 people; and
(B) is owned or operated by—
(i)
a unit of local government;
(ii)
a public corporation;
(iii)
a nonprofit corporation;
(iv)
a public trust;
(v)
a cooperative association; or
(vi)
(b) Establishment

Subject to the availability of appropriations, the Administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.

(c) ApplicationsTo be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
(1)
a proposal of the project to be carried out using grant funds under the program;
(2)
documentation provided by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are to be addressed through the proposed project;
(3)
a description of how the proposed project will improve the operational sustainability of 1 or more small systems;
(4)
a description of how the improvements described in paragraph (3) will be maintained beyond the life of the proposed project, including a plan to maintain and update any asset data collected as a result of the proposed project; and
(5)
any additional information the Administrator may require.
(d) Additional required informationBefore the award of funds for a grant under the program to a grant recipient, the grant recipient shall submit to the Administrator—
(1)
if the grant recipient is located in a State that has established a State drinking water treatment revolving loan fund under section 300j–12 of this title, a copy of a written agreement between the grant recipient and the State in which the grant recipient agrees to provide a copy of any data collected under the proposed project to the State agency administering the State drinking water treatment revolving loan fund (or a designee); or
(2)
if the grant recipient is located in an area other than a State that has established a State drinking water treatment revolving loan fund under section 300j–12 of this title, a copy of a written agreement between the grant recipient and the Administrator in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the Administrator (or a designee).
(e) Use of fundsAn eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of 1 or more small systems through—
(1)
the development of a detailed asset inventory, which may include drinking water sources, wells, storage, valves, treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure;
(2) the development of an infrastructure asset map, including a map that uses technology such as—
(A)
geographic information system software; and
(B)
global positioning system software;
(3)
the deployment of leak detection technology;
(4)
the deployment of metering technology;
(5) training in asset management strategies, techniques, and technologies for appropriate staff employed by—
(A)
(B)
the small systems for which the grant was received;
(6)
the deployment of strategies, techniques, and technologies to enhance the operational sustainability and effective use of water resources through water reuse; and
(7)
the development or deployment of other strategies, techniques, or technologies that the Administrator may determine to be appropriate under the program.
(f) Cost share
(1) In general

Subject to paragraph (2), the Federal share of the cost of a project carried out using a grant under the program shall be 90 percent of the total cost of the project.

(2) Waiver

The Administrator may increase the Federal share under paragraph (1) to 100 percent.

(g) Report

Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.

(h) Authorization of appropriations

There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.

(July 1, 1944, ch. 373, title XIV, § 1459E, as added Pub. L. 117–58, div. E, title I, § 50106, Nov. 15, 2021, 135 Stat. 1142.)

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