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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4451
<br /> (i)A recipient must make a one-time recipient assesses has had the effect of investments in water, sewer,and
<br /> election to calculate the reduction in its increasing the amount of tax revenue broadband infrastructure.
<br /> general revenue using information as of collected during the 12-month period (1) Water and sewer investments-(i)
<br /> either: ending on the calculation date relative Clean Water State Revolving Fund
<br /> (A)December 31, 2020,December 31, to the amount of tax revenue that would projects. Projects or activities of the type
<br /> 2021,December 31, 2022,and December have been collected in the absence of that meet the eligibility requirements of
<br /> 31, 2023; or such change,the recipient must subtract section 603(c) of the Federal Water
<br /> (B) The last day of each of the from actual general revenue the amount Pollution Control Act(33 U.S.C.
<br /> recipient's fiscal years ending in 2020, of such increase in tax revenue; 1383(0);
<br /> 2021, 2022,and 2023. (3)If the recipient makes a one-time (ii)Additional stormwater projects.
<br /> (ii)A reduction in a recipient's election to adjust general revenue to Projects to manage,reduce,treat, or
<br /> general revenue for each date identified reflect tax changes made during the recapture stormwater or subsurface
<br /> in paragraph(d)(2)(i) of this section period beginning on January 27, 2020 drainage water regardless of whether
<br /> equals: and ending on January 6, 2022,for such projects would improve water
<br /> Max ffBase Year Revenue* (1 + Growth purposes of each calculation date quality if such projects would otherwise
<br /> Adjustment)^(nt/12)]-Actual identified in paragraph (d)(2)(i) of this meet the eligibility requirements of
<br /> General Revenue;01 section: section 603(c)(5) of the Federal Water
<br /> Where: (i)In the case of any change made Pollution Control Act(33 U.S.C.
<br /> (A)Base Year Revenue is the during such prior period to any law, 1383(c)(5));
<br /> recipient's general revenue for the most regulation,or administrative (iii)Drinking Water State Revolving
<br /> recent full fiscal year prior to the interpretation that reduces any tax(by Fund projects.Projects or activities of
<br /> COVID-19 public health emergency; providing for a reduction in a rate,a the type that meet the eligibility
<br /> (B) Growth Adjustment is equal to the rebate,a deduction,a credit,or requirements of section 1452 of the Safe
<br /> greater of 5.2 percent(or 0.052) and the otherwise) or delays the imposition of Drinking Water Act(42 U.S.C. 300j-12)
<br /> recipient's average annual revenue any tax or tax increase and that the as implemented by the regulations
<br /> growth over the three full fiscal years recipient assesses has had the effect of adopted by the Environmental
<br /> prior to the COVID-19 public health decreasing the amount of tax revenue Protection Agency(EPA)under 40 CFR
<br /> emergency; collected during the 12-month period 35.3520, provided that:
<br /> (C)n equals the number of months ending on the calculation date relative (A)The recipient is not required to
<br /> q elapsed from the end of the base year to to the amount of tax revenue that would comply with the limitation under 40CFR 35.3520(c)(2)to acquisitions of
<br /> the calculation date, have been collected in the absence of land from willing sellers or the
<br /> (D) Subscript t denotes the specific such change,the recipient must add to
<br /> calculation date; and actual general revenue the amount of prohibition under 40 CFR 35.3520(e)(6)
<br /> (E)Actual General Revenue is a such decrease in tax revenue; and on uses of funds for certain Tribal
<br /> recipient's actual general revenue (ii)In the case of any change made projects; and
<br /> p g (B) In the case of lead service line
<br /> collected during the 12-month period during such prior period to any law, replacement projects,the recipient must
<br /> ending on each calculation date regulation,or administrative replace the full length of the service line
<br /> identified in paragraph (d)(2)(i) of this interpretation that increases any tax(by and may not replace only a partial
<br /> section, except: providing for an increase in a rate,the portion of the service line.
<br /> (1)For purposes of all calculation reduction of a rebate, a deduction,or a (iv)Additional lead remediation and
<br /> dates on or after April 1, 2022,in the credit,or otherwise) or accelerates the household water quality testing.Projects
<br /> case of any change made after January imposition of any tax or tax increase or activities to address lead in drinking
<br /> 6, 2022 to any law,regulation, or and that the recipient assesses has had water or provide household water
<br /> administrative interpretation that the effect of increasing the amount of quality testing that are within the scope
<br /> reduces any tax(by providing for a tax revenue collected during the 12- of the programs the EPA is authorized
<br /> reduction in a rate, a rebate, a month period ending on the calculation to establish under sections 1459A(b)(2),
<br /> deduction,a credit, or otherwise) or date relative to the amount of tax 145913(b)(1), 1464(d)(2),and 1465 of the
<br /> delays the imposition of any tax or tax revenue that would have been collected Safe Drinking Water Act(42 U.S.C.
<br /> increase and that the recipient assesses in the absence of such change,the 300j-19a(b)(2), 300j-19b(b)(1), 300j-
<br /> has had the effect of decreasing the recipient must subtract from actual 24(d)(2), and 300j-25),provided that:
<br /> amount of tax revenue collected during general revenue the amount of such (A)In the case of lead service line
<br /> the 12-month period ending on the increase in tax revenue;and replacement projects,the recipient must
<br /> calculation date relative to the amount (4)With respect to any calculation replace the full length of the service line
<br /> of tax revenue that would have been date during the period beginning on and may not replace only a partial
<br /> collected in the absence of such change, January 6, 2022 and ending on March portion of the service line;and
<br /> the recipient must add to actual general 31, 2022,if the recipient makes the (B) In the case of projects within the
<br /> revenue the amount of such decrease in election in paragraph(d)(3) of this scope of the program the EPA is
<br /> tax revenue; section,the recipient must also make authorized to establish under section
<br /> (2)For purposes of any calculation the adjustments referenced in paragraph 145913(b)(1) of the Safe Drinking Water
<br /> date on or after April 1, 2022,in the (d)(3) of this section with respect to any Act,the recipient may determine the
<br /> case of any change made after January such changes in law,regulation, or income eligibility of homeowners
<br /> 6, 2022 to any law,regulation, or administrative interpretation during the served by lead service line replacement
<br /> administrative interpretation that period beginning on January 6, 2022 and projects in its discretion.
<br /> increases any tax(by providing for an ending on such calculation date. (v)Drinking water projects to support
<br /> increase in a rate,the reduction of a (e)Making necessary investments in increased population.Projects of the
<br /> rebate, a deduction, or a credit, or water,sewer, and broadband type that meet the eligibility
<br /> otherwise) or accelerates the imposition infrastructure.A recipient may use requirements of 40 CFR 35.3520 other
<br /> of any tax or tax increase and that the funds to make the following than the requirement of subparagraph
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