[§342D-82.5]  Use of AmericanRecovery and Reinvestment Act of 2009 and other federal moneys.  (a)  Thedirector may provide financial assistance for publicly owned wastewatertreatment works for the construction of necessary wastewater infrastructure projects,through the revolving fund, using moneys from the American Recovery andReinvestment Act of 2009 and other applicable federal acts.

(b)  The director may establish a separateaccount within the revolving fund and assign to that account federal moneysappropriated under federal laws that authorize principal forgiveness, zero andnegative interest loans, and grants, including the American Recovery andReinvestment Act of 2009 and other applicable federal acts.  The director mayuse those moneys and in so doing may include additional requirements andsubsidization not applicable to the remainder of the revolving fund, includingforgiveness of principal, zero and negative interest loans, and grants topublicly-owned wastewater treatment works that meet eligibility requirementsfor the revolving fund. 

(c)  The director shall certify that a projectreceiving financial assistance is entitled to priority over other eligibleprojects on the basis of water pollution and financial needs, as well as apreference to those projects that can be started and completed expeditiously asstipulated under the American Recovery and Reinvestment Act of 2009 and otherapplicable federal acts.

(d)  Among eligible projects, the director mayalso give priority to projects that incorporate renewable energy, energyefficiency, and conservation measures in wastewater infrastructure, to theextent allowed by federal law.

(e)  Each project receiving financial assistance shallbe in conformance with the conditions for water pollution control financingunder section 342D-87(a)(1), (2), (4), and (5), and (b). [L 2009, c 98, §3]