Slide 1 April 8, 2015, Financial Assistance Council Meeting

DECISIONS ON IMPLEMENTING 3 KEY 2014 CLEAN WATER ACT AMENDMENTS

Slide 2 April 8, 2015, Financial Assistance Council Meeting

Fiscal Sustainability Plan (FSP) Applies to CWSFR-funded projects for the “repair, replacement, or expansion” of a

publicly owned treatment works (i.e., facility projects)

Requires: Inventory of critical assets Evaluation of the condition and performance of the assets Certification that the recipient evaluated and will implement water and energy conservation

efforts as part of the plan Plan for maintaining, repairing, and replacing the treatment works and for funding the

activities

Decisions: Apply to new facilities, too Apply to the entire system, not just the part being funded Apply to Step 3 or Step 4 wastewater facility projects and stormwater facility projects that

include construction

If recipient already has a plan, can self-certify prior to loan signing

If recipient does not have a plan, agreement must require one be developed Developing the plan is fundable

Slide 3 April 8, 2015, Financial Assistance Council Meeting

Affordability Criteria For the purposes of awarding subsidy (forgivable

principal) under the CWSRF, states must establish affordability criteria that minimally include: IncomeUnemployment dataPopulation trends

Decision:Use Unemployment data as a 4th tie-breaker

Our attorney reviewed the proposal and believes it complies with the CWA

Sought public comment, but received none

Slide 4 April 8, 2015, Financial Assistance Council Meeting

Equivalency Apply to funding up to the CWSRF Capitalization Grant amount

Applies to: Federal Funding Accountability and Transparency Act (FFATA) Federal Crosscutters

• List on the next slide Disadvantaged Business Enterprises (DBE) And, now, Architectural and Engineering (A/E) Services Procurement

Effective with 09/22/14 memo from EPA, we must use the same project or group of projects to meet the equivalency requirements Previously could use different ones for each requirement

Decisions: Apply FFATA reporting, Federal Crosscutters, DBE reporting, and A/E services

procurement to Step 3 (Construction) and Step 4 (Construction and Design) wastewater facility projects in communities with >25,000 population

Slide 5 April 8, 2015, Financial Assistance Council Meeting

Federal Crosscutters Applicable to Equivalency Projects

Archaeological and Historic Preservation Act Clean Air Act Coastal Barrier Resources Act Coastal Zone Management Act Debarment and Suspension Demonstration Cities and Metropolitan Development Act Endangered Species Act Environmental Justice Farmland Protection Policy Act Fish and Wildlife Coordination Act Floodplain Management Magnuson-Stevens Act – Essential Fish Habitat Migratory Bird Act National Historic Preservation Act Protection and Enhancement of the Cultural Environment Protection of Wetlands Safe Drinking Water Act Uniform Relocation and Real Property Acquisition Policies Act Wild and Scenic Rivers Act Women’s and Minority Business Enterprise

Slide 6 April 8, 2015, Financial Assistance Council Meeting

SFY16 Equivalency Projects

Rank Application Applicant Population CWSRF

Loan

7 WQC-2016-SeaPUD-00192 Seattle city of - Public Utilities Department

652,405 $42,187,964

21 WQC-2016-KiCoPW-00037 Kitsap County - Public Works 253,968 $3,818,001

23 WQC-2016-KCoNRP-00020 King County - Natural Resources and Parks Department

2,044,000 $30,876,256

29 WQC-2016-KCoNRP-00089 King County - Natural Resources and Parks Department

2,044,000 $9,136,058

54 WQC-2016-KiCoPW-00038 Kitsap County - Public Works 253,968 $432,000 Total $86,450,279

Slide 7 April 8, 2015, Financial Assistance Council Meeting

CWSRF Allotment FormulaCWA amendments require EPA to review the

Capitalization Grant allotment formulaDetermine if it adequately addresses the

water quality needs based on:The most recent Needs SurveyOther information the EPA Administrator

considers appropriate

Report to Congress by December 10, 2015, including any recommended changes

Slide 8 April 8, 2015, Financial Assistance Council Meeting

QUESTIONS?