Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-51 - REGULATION NO. 51 - WATER POLLUTION CONTROL REVOLVING FUND RULES
Section 5 CCR 1002-51.38 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (AUGUST 10, 2015 RULEMAKING, EFFECTIVE SEPTEMBER 30, 2015)

Universal Citation: 5 CO Code Regs 1002-51 § 38

Current through Register Vol. 47, No. 17, September 10, 2024

Sections 25-8-202(1)(e) and (g); and section 37-95-107.6, C.R.S. provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.

BASIS AND PURPOSE

The Commission took action to modify Regulation #51 by: aligning the loan terms with the federal Water Resources Reform and Development Act (WRRDA); and revising the planning and design grant nomenclature to planning, design and engineering grants to align with the program grant terminology. The Commission adopted these revisions for three principal reasons:

1. To align the Colorado Water Pollution Control Revolving Fund eligible project types with WRRDA; and

2. To align the Colorado Water Pollution Control Revolving Fund loan terms with WRRDA; and

3. To clarify the grant terminology under the Colorado Water Pollution Control Revolving Fund (WPCRF) loan process.

Specific modifications to Regulation #51 on a section-by-section basis are described below.

Section 51.2 - Definitions - The Commission revised section 51.2 to add security and decentralized wastewater treatment systems as eligible project types.

Section 51.6 - Procedures - The Commission added section 51.6 to provide for financing terms the lesser of 30 years, or projected life of the financed project.

Section 51.7 - Disadvantaged Communities - The Commission revised section 51.7 to delete the loan duration terms which are addressed in Sections 51.3(2)(c), 51.6(5), and the IUP.

Section 51.8 - The Commission renamed and reworded the section to reflect the two grant programs being (1) Planning Grants and (2) Design and Engineering Grants.

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