Under federal law, the Clean Water State Revolving Fund is established to assist states by providing financial assistance for various water infrastructure projects and projects for the control of water pollution. (33 U.S.C. §§ 1381 et seq.) Existing state law establishes the Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects to receive and distribute money from the Clean Water State Revolving Fund. (NRS 445A.120) Sections 1-14 of this bill make various changes to provisions relating to the Account. Existing law provides that a municipality or an interstate agency is eligible to receive assistance from the Account. (NRS 445A.140) Section 4 of this bill defines “eligible recipient” to mean a legal entity that is eligible to receive assistance from the Account under federal law, including a municipality or an interstate agency. Sections 5, 7, 8, 11, 13 and 14 of this bill make conforming changes to expand the entities eligible to receive assistance from the account to any eligible recipient. Section 9 of this bill requires the regulations adopted by the State Environmental Commission to set forth the eligible entities in accordance with federal law. Existing law: (1) charges the State Department of Conservation and Natural Resources with administering the Account; and (2) authorizes the Director of the Department to take certain actions to impose and collect fees, employ expert services and issue bonds. (NRS 445A.130, 445A.140-445A.155) Sections 8 and 11-14 transfer the responsibility for administering the Account to the Division of Environmental Protection of the Department and the Administrator of the Division. Sections 2 and 3 of this bill define “Administrator” and “Division,” respectively, and section 27 of this bill repeals unnecessary definitions. Section 6 of this bill makes conforming changes to indicate the proper placement of the new definitions into chapter 445A of the Nevada Revised Statutes. Existing law sets forth certain limitations on the use of money in the Account. (NRS 445A.140) Section 10 of this bill provides that, with certain exceptions, the money in the Account may be used only in accordance with federal law and requires the regulations adopted by the State Environmental Commission to prescribe the authorized uses of the money in the Account. Existing state law provides that not more than 4 percent of each grant awarded may be spent to administer the Account. (NRS 445A.145) Section 11 provides instead that not more than the amount or percentage authorized by federal law may be spent to administer the Account, provide technical assistance or for any other use authorized by federal law. Existing federal law creates the Drinking Water State Revolving Fund to assist states with providing financial assistance for drinking water infrastructure projects, with certain set-asides to provide technical assistance, management and certain other assistance for projects. (42 U.S.C. § 300j-12) To receive and distribute money in accordance with federal law, existing state law creates: (1) the Account to Finance the Construction of Projects, known as the Account for the Revolving Fund; and (2) the account to fund activities, other than projects, authorized by the federal Safe Drinking Water Act, known as the Account for Set-Aside Programs. (NRS 445A.255) Sections 15-20 of this bill make various changes to provisions relating to the Account for the Revolving Fund and the Account for Set-Aside Programs. Existing federal law authorizes the Account for Set-Aside Programs to make loans and grants and to provide certain limited types of assistance to projects authorized by the Safe Drinking Water Act. (42 U.S.C. §§ 300f et seq.) Existing state law creates the Account for Set-Aside Programs in the Fund for the Municipal Bond Bank. (NRS 445A.255) Section 15 provides instead that the Account for Set-Aside Programs is created in the Fund for Water Projects Loans to reflect that the Account may be used for certain project-related activities. Section 25 of this bill makes a conforming change to create an exception to the general requirement that all revenues from certain lending projects be deposited in the Fund for the Municipal Bond Bank. Sections 16 and 17 of this bill make changes to existing state law to provide that the Account for Set-Aside Programs may be used to make loans and grants in accordance with federal law. Existing law sets forth certain limitations on the use of money in the Account for the Revolving Fund and the Account for Set-Aside Programs. (NRS 445A.275) Section 18 of this bill provides that, with certain exceptions, the money in these accounts may be used only in accordance with federal law and requires the State Environmental Commission to adopt regulations prescribing the authorized uses of the money. Existing law prohibits the Administrator from spending more than a certain percentage of federal grants for administration, certain types of activities authorized pursuant to federal law and technical assistance to small water systems. (NRS 445A.280) Section 19 of this bill instead prohibits the Administrator from spending more than the amount or percentage authorized by federal law for administering the account or certain programs authorized by federal law. Section 20 revises the legislative findings and declarations to emphasize the importance of the Account for the Revolving Fund and the Account for Set-Aside Programs. Existing law charges the Director of the Department of Business and Industry with overseeing the financing of water projects. (NRS 349.946) Section 21 of this bill transfers this responsibility to the Director of the State Department of Conservation and Natural Resources. Section 22 of this bill authorizes the State Environmental Commission to adopt regulations relating to the financing of water projects. Existing law establishes the Board for Financing Water Projects which may not contain more than three voting members who are members of the same political party and not more than two members who are residents of the same county. (NRS 349.957) Section 23 of this bill removes the requirement that not more than three members may be members of the same political party. Existing law establishes a program to provide grants of money to purveyors of water and eligible recipients to pay for certain costs related to water conservation and capital improvements to water systems. (NRS 349.981) Section 24 of this bill expands the list of eligible recipients and costs to include costs associated with abandoning an individual sewage disposal system and connecting the property formerly served to a community sewage disposal system, if the Division approves certain programs or projects for the protection of groundwater quality developed by the State or a local government.

Statutes affected:
As Introduced: 445A.060, 445A.065, 445A.125, 445A.130, 445A.135, 445A.140, 445A.145, 445A.150, 445A.155, 445A.160, 445A.255, 445A.260, 445A.265, 445A.275, 445A.280, 445A.290, 349.938, 349.946, 349.957, 349.981, 350A.190
As Enrolled: 445A.060, 445A.065, 445A.125, 445A.130, 445A.135, 445A.140, 445A.145, 445A.150, 445A.155, 445A.160, 445A.255, 445A.260, 445A.265, 445A.275, 445A.280, 445A.290, 349.938, 349.946, 349.957, 349.981, 350A.190
BDR: 445A.060, 445A.065, 445A.125, 445A.130, 445A.135, 445A.140, 445A.145, 445A.150, 445A.155, 445A.160, 445A.255, 445A.260, 445A.265, 445A.275, 445A.280, 445A.290, 349.938, 349.946, 349.957, 349.981, 350A.190