From: Gary Whitney [gary.whitney@oacd.org]
Sent: Wednesday, June 03, 2009 10:40 AM
To: everyone@oacd.org
Cc: MCALLISTER Larry
Subject: DEQ rules for its Financing program
Greetings Everyone:
The following information
is in two parts and describes how DEQ is modifying its Clean Water State
Revolving Fund (CWSRF) by rewriting the Administrative Rules for that
program. Apparently the changes are related to the federal stimulus
funding coming to Oregon through this program (The CWSRF is 80% federal funds
from EPA with a 20% match from the state.) These temporary rules will
expire in late October, 2009. DEQ has initiated a second, permanent
rulemaking effort to make sure the temporary revisions become permanent.
The three parts are:
Part 1 - Announcement and
contact information, and
Part 2 – short summary of
the rules changes and a link to the administrative rules
Please note that these rule
changes allow the program to give grants (termed ‘principal forgiveness’) and
0% loans in certain instances. SO these new rules are a big step in the
right direction for us since most nonpoint source projects don’t have an
associated revenue stream for repaying loans. There will be an
opportunity for public comment as part of this process, and for those of you that
are interested in this program, we need to get our comments inserted into the
process when the time comes.
Thanks, Gary
DEQ’s information follows:
DEQ’s Clean Water State
Revolving Fund Loan Program
The Department of Environmental Quality
has revised its Clean Water State Revolving Fund loan program administrative
rules to meet requirements of the 2009 American Recovery and Reinvestment
Act. These temporary rule changes in OAR 340-054-0098 to 0108 were
necessary for DEQ’s loan program to receive additional funding from the Act.
The rules will expire in late October and DEQ has initiated efforts to
incorporate these changes permanently. The temporary rules are posted on DEQ’s CWSRF website, under Current News.
Specific question should be directed
to Larry McAllister 503 229-6412,
1 (800) 452-4011 x6412, or mcallister.larry@deq.state.or.us
Summary
of Changes to the Clean Water State Revolving Fund (CWSRF) program
administrative rules
The Oregon Department of Environmental Quality’s CWSRF program
is regulated by Chapter 340, Division 54 of Oregon’s Administrative
Rules. The recent rulemaking by DEQ addressed requirements of the 2009
American Recovery and Reinvestment Act. The amended rules allow DEQ’s
loan program to receive $44 million in federal stimulus funds as additional
funding to the loan program.
The new rules begin on page 32 of Div 54.
340-054-0098 – provides definitions.
340-054-0100 – Indicates that these new rules are only relevant
when funding is available from the 2009 American Recovery and Reinvestment Act
(the Act).
340-054-0102 – indicates that tasks associated with planning are
not eligible activities, nor can Act funds be used to acquire land or purchase
easements.
340-054-0104 – indicates that Act funding cannot be used to
increase the amount of a CWSRF loan executed prior to 2/17/09. Also, Act
funds cannot be used to finance the same project if the project received CWSRF
funding prior to Oct 1, 2008. And finally, projects must be listed on the
CWSRF Intended Use Plan before they are eligible for funding.
340-054-0106 - Sets an initial limit of $5 million on
loans prior to September 1, 2009 (at which time any uncommitted funds will be
distributed). This rule also indicates that 20% of the funds will be
reserved for “green projects”.
340-054-0106 – Establishes zero interest rates and principal
forgiveness on loans funded by the Act.
Minor clarification amendments were made in 340-054-0024, 0025
and 0035. These changes were not related to the 2009 American Recovery
and Reinvestment Act.
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