Okla. Admin. Code § 785:50-3-1

Current through Vol. 42, No. 4, November 1, 2024

Section 785:50-3-1 - Project eligibility

(a)Purposes for which assistance may be provided.

(1) The financial assistance contemplated under the Water and Sewer program may be made available for the purpose of providing or assisting in providing for the acquisition, development and utilization of water and sewage storage and control facilities for the use and benefit of the public and for the conservation and distribution of water for beneficial purposes in or from reservoirs or other storage facilities constructed or hereafter constructed, modified or enlarged within the State of Oklahoma by the United States of America or Oklahoma or any agency, department, subdivision or instrumentality thereof and for the refinancing of existing indebtedness related to water and sewer systems.

(2) The financial assistance contemplated under the Clean Water SRF and Drinking Water SRF programs may be made available for projects as provided and authorized under the applicable federal legislation, and Sections 1085.51 through 1085.65 and Sections 1085.71 through 1085.84 of Title 82 of the Oklahoma Statutes.

(b)Projects for which assistance may be obtained.

(1)Water and Sewer, REAP projects; exception for certain unqualified projects.

(A) Financial assistance may be obtained through the Water and Sewer program and REAP grant program for any project within the State of Oklahoma which qualifies as any engineering undertaking or work to conserve and develop surface or subsurface water resources or to control or develop sewage treatment facilities of the State for all useful and lawful purposes by the acquisition, improvement, extension, or construction of dams, reservoirs, and other water storage projects, including but not limited to underground storage projects, filtration and water treatment plants, including any system necessary to distribute water from storage or filtration plants to points of distribution, or from storage to filtration and treatment plants, facilities for distributing water therefrom to wholesale or retail purchasers, [82:1085.32(1)] floodplain restoration including but not limited to home relocations, bank stabilization, storm sewer and drainage improvements and any system necessary to improve or develop sewage treatment, collection or distribution capabilities [82:1085.32(1)] of any area of the State. Such qualified projects are additionally understood to include financial assistance to acquire and own the lands required for the project, and to obtain the water supply and to construct appropriate treatment facilities.

(B) Notwithstanding any of the foregoing, a project is not qualified to receive financial assistance by emergency grant pursuant to Title 82 O.S. Section 1085.39 or REAP grant pursuant to Title 62 O.S. Section 2003 if the project is or would be subject to an arrangement whereby a person who is not a state or local governmental entity has or would have a right to use or make use of the project on a basis not available to members of the general public.

(2)CWSRF projects. Financial assistance may be obtained through the CWSRF program for any project within the State of Oklahoma which qualifies as any engineering undertaking or work to control or develop sewage treatment facilities of the state for all useful and lawful purposes, any system necessary to improve or develop sewage treatment, collection or distribution capabilities, stormwater and Brownfield activities that are administered under the Oklahoma Brownfields Voluntary Redevelopment Act for eligible entities that have obtained a draft or final permit pursuant to the National Pollution Discharge Elimination Act or the Oklahoma Pollution Discharge Elimination Act, or any implementation of nonpoint source management programs as authorized by the federal Water Quality Act of 1987 and Section [82:1085.52(1)] 1085.65 of Title 82 of the Oklahoma Statutes.

(3)DWSRF projects. Financial assistance may be obtained through the DWSRF program for any project within the State of Oklahoma which qualifies as any engineering undertaking or work to control or develop drinking water facilities of the State for all useful and lawful purposes, any system necessary to improve or develop drinking water treatment, collection or distribution capabilities as authorized by the federal Drinking Water Act and Section 1085.72 of Title 82 of the Oklahoma Statutes.

(c)Project costs for which assistance funds may be expended.

(1) Project financial assistance funds made available by the Board to an applicant for approved projects may be utilized and expended by an applicant toward applicant's payment and financing of project costs, as approved by the Board.

(2) Eligibility for project costs funded under the CWSRF program described in 785:50-1-3(b)(2) is limited to the restrictions of the federal Water Quality Act as amended.

(3) Eligibility for drinking water project costs funded under the DWSRF program described in 785:50-1-3(b)(3) is limited to the restrictions of the federal State Drinking Water Act as amended.

(4) For purposes of the Water and Sewer program, the REAP grant program, and subject to controlling federal and state law for the CWSRF and DWSRF programs, project costs include, but shall not be limited to, the following miscellaneous and general project cost items:

(A) Costs of acquiring the facilities comprising the project;

(B) Costs of acquiring and constructing other items included in the facilities, including obligations incurred for labor and materials by contractors, builders and materialmen;

(C) Costs of restoration or relocation of property damaged or destroyed in connection with any construction;

(D) Costs of premiums of contractors' performance, payment and completion bonds;

(E) Costs of title insurance premiums;

(F) Costs of machinery, equipment and related facilities acquired or purchased for inclusion in and identification primarily with the facilities and the cost of shipping, transportation and installation thereof;

(G) Taxes or other municipal or governmental charges levied or lawfully assessed against the facilities acquired during the period of acquisition;

(H) Costs of insurance premiums in connection with acquisition of the facilities;

(I) Costs of architects' and engineers' services related to the project prior to and during the period of acquisition;

(J) Payment or reimbursement of the applicant for interim financing loans and advances and all costs thereof made in contemplation of receiving financial assistance;

(K) Abstract and title opinion costs;

(L) Costs of project legal fees and expenses of counsel for the applicant;

(M) Costs of fees of other consultants of applicant;

(N) Recording fees;

(O) Loan insurance expenses;

(P) Other costs of publishing and printing proceedings incident thereto; and

(Q) Such other reasonable and necessary expenses as may be required to complete the proposed project.

(5) Force account labor costs may be eligible, under certain conditions as determined by the Board, for project financial assistance.

Okla. Admin. Code § 785:50-3-1

Amended at 9 Ok Reg 1683, eff 5-11-92; Amended at 10 Ok Reg 3333, eff 7-1-93; Amended at 11 Ok Reg 3007, eff 6-13-94; Amended at 12 Ok Reg 2715, eff 7-1-95; Amended at 14 Ok Reg 2788, eff 7-1-97; Amended at 15 Ok Reg 2881, eff 7-1-98; Amended at 16 Ok Reg 2691, eff 7-1-99; Amended at 17 Ok Reg 2772, eff 7-1-00; Amended at 28 Ok Reg 1026, eff 7-1-11

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016