AG 95-12.

• Case Date: December 19, 1995
• Court: Rhode Island

Rhode Island Attorney General Opinions 1995. AG 95-12. OFFICIAL OPINION 95-12December 19, 1995Mr. John P. DevillarsRegional AdministratorUnited States EnvironmentalProtection AgencyRegion IJohn F. Kennedy Federal Office BuildingBoston, MARe: Application for Capitalization Grant Pursuant to Title VI of the Clean Water ActDear Mr. Devillars: I am writing this letter pursuant to the requirement of the Interim Rule of the Environmental Protection Agency contained in 40 CFR 35.3110(d)(2) requiring that the Attorney General certify that the state legislation establishing the state revolving loan fund (the "SRF") to receive federal capitalization grants pursuant to Title VI of The Clean Water Act and the powers it confers are consistent with state law and that the state may legally bind itself to the terms of the capitalization grant agreement. Legislation authorizing the establishment of a state SRF was adopted at the 1989 session of the Rhode Island General Assembly and is codified as Chapter 12.2 of Title 46 of the General Laws of Rhode Island, as amended. Section 46-12.2-3 of the legislation establishes the Rhode Island Clean Water Finance Agency (the "Agency") as a "body politic and corporate and public instrumentality of the state" and provides that the exercise by the Agency of the powers conferred by Chapter 46-12.2 "shall be deemed to be the performance of an essential public function." Section 46-12.2-(4)(1) grants to the Agency the power to enter into contracts and agreements which "may include without limitation ... capitalization grant agreements, intended use plans, operating plans and other agreements and instruments contemplated by Title VI of The Clean Water Act [33 U.S.C. § 1381 et seq.]" Section 46-12.2-6(a) designates the Agency as "the instrumentality of the state for the administration" of the SRF in providing as follows: "(a) The Agency shall be the instrumentality of the state for administration of the water pollution control revolving fund ... and in conjunction with the department [Rhode Island Department of Environmental Management] is empowered to and shall take all action necessary or appropriate to secure to the state the benefits of Title VI of The Clean Water Act [33...