1. "Board" means the Drinking Water Board.

   "Capacity Development" is a process for water systems to acquire and maintain adequate technical, managerial, and financial (TMF) capability. Capacity Development is a fundamental component of the SDWA Amendments that provides a framework for states and water systems to work together to protect public health. Rule R309-800 Capacity Development Program governs the state's capacity development program.

2. "Credit Enhancement Agreement" means any agreement entered into between the Board, on behalf of the State, and an eligible water system to provide methods and assistance to eligible water systems to improve the security for and marketability of drinking water project obligations.

   "Disadvantaged Communities" are defined as those communities located in an area which has a median adjusted gross income less than or equal to 80% of the State's median adjusted gross income, as determined by the Utah State Tax Commission from federal individual income tax returns excluding zero exemption returns, or where the estimated annual cost, including loan repayment costs, of drinking water service for the average residential user exceeds 1.75% of the median adjusted gross income. If, in the judgment of the Board, the State Tax Commission data is insufficient the Board may accept other measurements of the water users' income. Acceptable measurements may include a local income survey or questionnaire when there is a significant difference between the number of service connections for a system and the number of tax filing for a given zip code or city.

3. "Drinking Water Project" means any work or facility that is necessary or desirable to provide water for human consumption and other domestic uses. Its scope includes collection, treatment, storage, and distribution facilities; and also includes studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks.
4. "Drinking Water Project Obligation" means any bond, note or other obligation issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading or improving a drinking water project, including, preliminary planning, studies, surveys, engineering or architectural fees, and preparation of plans and specifications.
5. "Eligible Water System" means any community drinking water system, either privately or publicly owned; and nonprofit noncommunity water systems.
6. "Emergency" means an unexpected, serious occurrence of situation requiring urgent or immediate action. With regard to a water system this would be a situation resulting from the failure of equipment or other infrastructure, or contamination of the water supply, which threatens the public health and safety.
7. "Financial Assistance" means a project loan, credit enhancement agreement, interest buy-down agreement, or technical assistance.
8. "Hardship Grant Assessment" means an assessment applied to a loan. The assessment shall be calculated as a percentage of outstanding principal balance of a loan, applied on an annual basis. Hardship grant assessment funds shall be subject to the requirements of Rule R309-700 for hardship grants.
9. "Interest" means an assessment applied to a loan. The assessment shall be calculated as a percentage of outstanding principal balance of a loan, applied on an annual basis.
10. "Interest Buy-Down Agreement" means any agreement entered into between the Board, on behalf of the State, and an eligible water system, to reduce the cost of financing incurred by an eligible water system on bonds issued by the subdivision for project costs.
11. "Negative Interest" means a loan with an interest rate at less than 0%. The repayment schedule for loans having a negative interest rate will be prepared by the Drinking Water Board.

12. "Principal Forgiveness" means a loan wherein a portion of the loan amount is "forgiven" upon closing the loan. The terms for principal forgiveness will be as directed by Section R309-703-4 and by the Drinking Water Board.

    "Programmatic Financing" is a financial assistance option under the DWSRF Program that is designed to provide funding for a water system's Capital Improvement Plan, or any portion thereof, so long as the projects are eligible and comply with DWSRF Program requirements.

    "Project Costs" include the cost of acquiring and constructing any project including, without limitation: the cost of acquisition and construction of any facility or any modification, improvement, or extension of such facility; any cost incident to the acquisition of any necessary property, easement or right of way, except property condemnation costs, which are not eligible costs; engineering or architectural fees, legal fees, fiscal agents' and financial advisors' fees; any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed project; costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications and the inspection and supervision of the construction of any facility; asset management plans and related system software, Hardship Grant Assessments, fees and interest accruing on loans made under this program during acquisition and construction of the project; costs for studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks; and any other cost incurred by the Board or the Department of Environmental Quality, in connection with the issuance of obligation to evidence any loan made to it under the law.

13. "SRF Technical Assistance Fund" means a fund or account that will be established for the express purpose of providing "Technical Assistance" to eligible drinking water systems.
14. "Technical Assistance" means financial assistance provided for a feasibility study or master plan, to identify system deficiencies, or to help a water system overcome other technical problems. The system receiving said technical assistance may or may not be required to repay the funds received. If repayment is required, the Board will establish the terms of repayment.

Definitions for general terms used in this rule are given in Rule R309-110. Definitions for terms specific to this rule are given below.

"Asset Management Plan" A written plan developed by a water system to implement asset management or an asset management program within the system. The asset management plan describes the five-core asset management components at Subsection R309-800-5(3) and provides an outline the water system can use to make appropriate improvements.

"Asset Management Program" The practice of managing infrastructure assets to maximize the efficiency and life expectancy of operating these assets while delivering the desired service levels.

KEY: SDWA, financial assistance, loans

Date of Last Change: May 22, 2023

Notice of Continuation: February 10, 2025

Authorizing, and Implemented or Interpreted Law: 19-4-104; 73-10c