Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1002 - Water Quality Control Commission (1002 Series)
Rule 5 CCR 1002-52 - REGULATION NO. 52 - DRINKING WATER REVOLVING FUND
Section 5 CCR 1002-52.15 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (AUGUST 10, 2015 RULEMAKING; EFFECTIVE DATE SEPTEMBER 30, 2015)

5 Colo. Code Regs. § 1002-52.15

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-52.15 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (AUGUST 10, 2015 RULEMAKING; EFFECTIVE DATE SEPTEMBER 30, 2015)

Sections 25-8-202(1)(g) and (o); and Section 37-95-107.8(4), 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 #52 by: inserting private nonprofit entities where applicable throughout the document per Senate Bill 15-121; 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 two principal reasons:

1. To provide access to grant and loan funding for private nonprofit entities that is consistent with Senate Bill 15-121; and
2. To clarify the grant terminology under the Colorado Drinking Water Revolving Fund (DWRF) loan process.

Specific modifications to Regulation #52 on a section-by-section basis are described below.

Section 52.2 - Definitions - The Commission added definition (6) Private Nonprofit, and re-numbered definitions accordingly.

Section 52.2 - Definitions - Project Eligibility List - The Commission deleted "from time to time" to reflect a revision approved at its April 2014 hearing, which was inadvertently not reflected in the published regulation.

Sections 52.2 ; 52.3(1); 52.5(2); 52.6(3)(a),(b),(c), and (d); and 52.7 - Added the phrase " or private nonprofit entity(ies)" following "governmental agency(ies)".

Sections 52.3 - Added the phrase " and private nonprofit entities" following "governmental agencies".

Section 52.4 - Intended Use Plan - Deleted sentence "The Division shall recommend the IUP to the Commission each year for final agency action at a public hearing, and shall also provide for public notice and an opportunity to comment to comply with the SDWA." This duplicates the information in 52.3 and is not necessary.

Section 52.7 - Disadvantaged Communities Procedures - "Procedures" was deleted from the heading to reflect a revision approved at the Commission's April 2014 hearing, which was inadvertently not reflected in the published regulation.

Section 52.8 - The Commission renamed and reworded the section to reflect the two grant programs being (1) Planning Grants and (2) Design / Engineering Grants.

5 CCR 1002-52.15

38 CR 17, September 10, 2015, effective 9/30/2015