Sec.22a-439-2. Requirements for grants application

(a) Types of Projects.

The Commissioner is authorized to award grant assistance for the following types of projects:

(1) Planning grants and planning advances for the preparation of engineering reports.

(2) Design grants and design advances for preparation of contract plans and specifications.

(3) Construction grants for building of pollution abatement facilities and sewers.

(b) Level of State Assistance.

The amount of state funding assistance shall be based on the Commissioner's determination of eligibility and the provisions of Section 22a-439 of the Connecticut General Statutes.

(c) Grant Applications.

A municipality applying for state funding assistance must file properly executed forms and applications prescribed by the Commissioner. In addition, the following supporting documentation shall be submitted as appropriate:

(1) An application for Engineering Report Funding Assistance shall include:

(A) A Plan of Study including:

(i) The proposed planning area;

(ii) An identification of the entity or entities that will be conducting the planning;

(iii) The nature and scope of the proposed planning project and public participation program, including a schedule for the completion of specific tasks; and

(iv) An itemized description of the estimated engineering report costs.

(B) Proposed subagreements, or an explanation of the intended method of awarding subagreements, for performance of any substantial portion of the project.

(C) A resolution adopted by the municipality's Water Pollution Control Authority authorizing a specific person to file the application and execute the agreement for the grant. The resolution must be certified and sealed by the Town/City Clerk.

(D) Documented evidence that local share funding is in place.

(2) An Application for Design Funding Assistance shall include:

(A) An engineering report meeting all the requirements set forth in Section 22a-439-3 (a).

(B) Proposed subagreements, or an explanation of the intended method of awarding subagreements, for performance of any substantial portion of the project.

(C) A resolution adopted by the municipality's Water Pollution Control Authority authorizing a specific person to file the application and execute the agreement for the grant. The resolution must be certified and sealed by the Town/City Clerk.

(D) A value engineering (VE) commitment in compliance with Section 22a-439-3 (d) for all design funding assistance applications for projects with a projected total building cost of $10 million or more, including the cost for interceptor and collector sewers. For those projects requiring VE, the municipality may propose, subject to the Commissioner's approval, to exclude interceptor and collector sewers from the scope of the VE analysis.

(E) Proposed or executed (as determined appropriate by the Commissioner) inter-municipal agreements necessary for the construction and operation of the proposed pollution abatement facility for any facility serving two or more municipalities.

(F) A schedule for initiation and completion of the project work.

(G) Documented evidence that local funding is in place for the design and construction phases of the pollution abatement facilities.

(3) An Application for Construction Grant Assistance shall include:

(A) All requirements for design funding assistance as specified in Section 22a-439-2 (c) (2).

(B) A final legal opinion stating that the acquisition of all sites, easements or rights-of-way necessary to assure undisturbed construction and operation and maintenance of the proposed project have been acquired. The cost of any real property eligible for funding assistance must reflect fair market value as determined by standard recognized appraisal methods.

(C) Two copies of contract plans and specifications for the review and approval of the Commissioner.

(D) A schedule for submission of a proper operation and maintenance program including a preliminary plan of operation.

(E) An approved user charge system developed in accordance with the requirements set forth in Section 22a-439-3 (e).

(4) Terms of Funding Assistance

(A) No grant award shall be made for a pollution abatement facility that would provide capacity for new connections or other developments to be located in environmentally sensitive land such as wetlands, floodplains, prime agricultural lands, or regulated coastal zones. Appropriate and effective grant conditions (e.g. restricting sewer hook-ups) should be used where necessary to protect these resources from new development.

(B) The prime purpose in the award of construction grant assistance is to solve existing pollution problems and not intended to assist in new development.

(C) For engineering reports and design, no grant assistance will be allowed for any engineering work performed before a grant award without the prior written approval of the Commissioner.

(D) Except as otherwise provided in this paragraph, no grant assistance for construction may be awarded for any construction which is initiated prior to the date of grant award. Preliminary construction work, such as advance acquisition of major equipment items requiring long lead times, acquisition of an option for the purchase of eligible land, or advance construction of minor portions of a pollution abatement facility, including associated engineering costs, in emergencies or instances where delay could result in significant cost increases, may be approved by the Commissioner after completion of environmental review, but only if the municipality submits a written and adequately substantiated request.

(E) The approval of a plan of study, an engineering report, plans and specifications or advance acquisition of equipment or advance construction will not constitute a commitment or approval of grant assistance for a subsequent phase of the project. In instances where such approval is obtained the applicant proceeds at its own risk, since payment for such costs cannot be made unless grant assistance for the project is awarded.

(F) The municipality shall notify the Commissioner that it has complied or will comply with the applicable procurement provisions of Section 22a-439-4 (f), (g) and (h) before the award of any grant assistance.

(G) Within ninety (90) days after receipt of a completed application (excluding suspension periods for submission of supplemental information), the Commissioner will take one of the following actions: 1. approve for grant award; 2. defer due to lack of funding; or 3. disapprove the application. The applicant shall be promptly notified in writing of any deferral or disapproval. A deferral or disapproval of an application shall not preclude its reconsideration or a reapplication.

(H) The Commissioner will transmit the grant agreement to the applicant for execution. The grant agreement must be executed by the applicant and returned within 3 calendar weeks after receipt. The grant agreement shall set forth the approved project scope, budget (including the state share), total project costs, and the approved commencement and completion dates for the project or major phases thereof.

(I) The grant agreement shall set forth the amount of grant assistance. The grant amount may not exceed the amount of funds available for obligation in Section 22a-446. Grant payments will be limited to the State share of allowable project costs incurred within the grant amount or any increases effected through grant amendments.

(J) The amount and term of a grant shall be determined at the time of grant award. The time period is subject to extension for excusable delay, at the discretion of the Commissioner.

(Effective August 22, 1985)