DRINKING WATER STATE REVOLVING FUND PROCESS a. Final passage of the federal appro‐ priations bill by Congress is signed into law by the President.
b. The United States Environmental Protection Agency (EPA) allots federal Drinking Water State Revolving Funds (DWSRF) to states.
c. The New Mexico Finance Authority (NMFA) and the New Mexico Environment Department (NMED) prepare the federal capitalization grant application and submit to EPA Region VI (Region VI).
b. The EPA serves as the federal oversight agency for the DWSRF. Before funds appropriated for the DWSRF are allotted to states, EPA is required to reserve some of the funds for specific national‐level set‐ asides. After national set‐asides are reserved from the full federal appropriation, remaining funds are allotted to state DWSRF programs, to carry out Section 1452 of the Safe Drinking Water Act (SDWA). The funds are allotted according to a formula that reflects their proportional share of needs identified in the most recent Drinking Water Infrastructure Needs Survey. No state receives less than one percent of the total funds available for allotment to all the states. c. In order for a state to receive the DWSRF funds allotted to it, the state must apply for a grant of the funds. This capitalization grant application must conform to general federal grant regulations (40 CFR Part 31; 40 CFR Part 35, Subpart L; EPA’s Final Rule for Implementation of the DWSRF Program [FRL‐6154‐7]; and Section 1452 of SDWA, as amended). A twenty percent match to the capitalization grant and a one hundred percent match for the State Program Management set‐ aside element are required.
d. Region VI reviews the capitalization grant application.
d. The capitalization grant application is reviewed to ensure that it meets the requirements of the SDWA, EPA grant regulations, and the DWSRF program regulations.
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DRINKING WATER STATE REVOLVING FUND PROCESS e. Upon approval of the application, Region VI awards the state capitalization grant and prepares the grant agreement for final signature.
f. The State (NMED and NMFA) develop the Intended Use Plan and submit to Region VI.
g. The State seeks public review and comment of the IUP.
h. The IUP is reviewed and approved by Region VI.
f. The Intended Use Plan (IUP) lays out how the DWSRF program will employ all of its available funds including: federal capitalization grants, state matching funds, loan repayments, fund interest earnings, loan fees, and bond proceeds deposited into the fund. In addition, the IUP must include: Short and long‐term goals of the program; Subsidies available to disadvantaged communities; Priority system used to rank projects; Priority lists of projects, including both the fundable and the comprehensive list; Financial status of the program; and Description of the amounts of funds that the program will use for set‐aside activities and the intended use of those funds. g. The public review requirement is met by allowing adequate time for public comment and adequate time for the State to address and respond to major comments. Examples of activities to involve the public include: distribution of the IUP to a wide audience, publishing newsletters, mailing program information to interested parties, and developing internet websites. 2
DRINKING WATER STATE REVOLVING FUND PROCESS i. In order to draw federal dollars into its set‐aside accounts to support program activities, a DWSRF program must first illustrate how it will spend these funds according to a formal work plan. The capitalization grant set‐aside work plan is submitted to Region VI by the NMED within 90 days of award of the capitalization grant agreement. j. The work plan must meet the requirements of the SDWA and DWSRF program regulations. It must detail goals and objectives, a schedule of deliverables, and specific evaluation criteria for each set‐ aside element. k. The project solicitation is sent to all eligible public water systems throughout the state. It describes the availability of DWSRF financing and identifies the terms of the program, lists the eligible projects, and outlines the requirements for submitting an initial project interest form. l. To the maximum extent practicable, the Priority Ranking System must be structured to prioritize projects that address the most serious risk to public health, that enable compliance with the SDWA, and that have the greatest needs according to state affordability criteria for the cost of drinking water per household. m. Any project to be funded must appear on the state’s DWSRF comprehensive priority list. From the comprehensive list, a fundable list of projects that are expected to receive assistance in the upcoming year is developed. Projects not listed in the fundable list are evaluated and receive technical, financial or managerial capacity assistance to ensure they are capable of receiving funding during the next project cycle.
i. The NMED prepares and submits the DWSRF set‐aside work plan.
j. Region VI reviews and approves the work plan.
k. The State sends out project solicitation notice.
l. The NMED ranks eligible projects based on Priority Ranking System (identified in the IUP).
m. The NMED develops the DWSRF comprehensive priority list and the fundable list.
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DRINKING WATER STATE REVOLVING FUND PROCESS n. Application Outreach
o. Financial Analysis
n. NMFA contacts entities on the current fundable priority list to solicit their applications and to work with applicants to supply the NMFA with the required supporting documentation, including, but not limited to: • Most recent audit reports • Current unaudited financials • Current fiscal year budget • Verification of ownership of land where project will be located • Preliminary Engineering Report (PER) • Completed Categorical Exclusion (CE) Checklist. o. Upon receipt of a complete application, the NMFA performs a financial analysis of the proposed project that addresses a variety of system factors including: • the system’s current water user rates (to determine whether the rates are adequate to cover the system’s present expenses plus the costs of the proposed project) • financial audits to determine revenue flow and expenses • the system’s asset management plan and procedures • the annual median household income (MHI) of the system’s customers (to determine whether the community is deemed “disadvantaged”; disadvantaged communities may be eligible for a 0% interest rate and extended loan terms).
p. Board Approval
p. The NMFA Board of Directors meets to review proposed projects that have undergone a financial analysis. Upon the Board’s approval of an application, a binding commitment letter is sent to the applicant that details the approved loan amount, the loan terms offered, and any readiness‐to‐proceed items that are required before the loan may be closed.
q. Environmental Review
q. If a project does not qualify for a Categorical Exclusion (CE) with respect to the project’s environmental impact CE, an Environmental Information Document (EID) is required. The procedures for reviewing an EID have been developed by the NMFA in order to comply with the DWSRF State Environmental Review Process (SERP) requirements for federally capitalized DWSRF loans. Pursuant to the SERP the NMFA conducts a detailed environmental review of the project to arrive at an Environmental Determination (ED).
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DRINKING WATER STATE REVOLVING FUND PROCESS r. • Once a satisfactory ED has been made and all required readiness‐ to‐proceed items have been supplied to the NMFA, the NMFA sets a closing date and prepares assistance award documents. • From the date of closing, the system has up to two years to draw its awarded funds on a reimbursement basis (i.e., disbursements are made only after each request has been reviewed and approved by the NMFA, with the consulting engineering services of the NMED Construction Programs Bureau (CPB)). • During the construction period (up to two years) the system will pay interest only on amounts drawn for incurred cost. Once the project has been certified complete, an amortization schedule is finalized and the system begins making monthly principal and interest payments. s. Before construction can start: • An ED must be made by the NMFA prior to bid advertisement. • Plans and specifications must be approved by the NMFA, CPB, and DWB prior to bid advertisement. • Contract documents must to be approved by the NMFA and the CPB prior to construction. • A recommendation of award, including bid tabulations, must be submitted to the CPB and the NMFA for approval. • After the contract award(s) has(have) been approved, a pre‐ construction conference is held where the CPB will address reimbursement and change order procedures. • The notice to proceed is usually issued at the pre‐construction conference. • After the notice to proceed has been issued, construction begins. t. The NMFA, with the assistance of CPB, reviews, approves, and pays disbursement requisitions. CPB provides further construction oversight via construction site visits.
r. Closing
s. Construction
t. Project Oversight and Loan Disbursements
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DRINKING WATER STATE REVOLVING FUND PROCESS u. Compliance and Reporting
u. The NMFA works with its borrowers to ensure their ongoing compliance with applicable federal and state regulations. The NMFA tracks all DWSRF expenditures and reports to the EPA and State agencies in various periodic and ongoing formats regarding DWSRF expenditures, project completion dates, program pace, and program targets.
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