AG 97-04.

• Case Date: July 25, 1997
• Court: Rhode Island

Rhode Island Attorney General Opinions 1997. AG 97-04. OFFICIAL OPINION 97-04July 25, 1997Mr. John P. DevillarsRegional AdministratorUnited States Environmental Protection AgencyRegion IJohn F. Kennedy Federal Office BuildingBoston, MA 02203Re: Certification Letter for Safe Drinking Water ActDear Mr. Devillars: I write pursuant to the requirements of the Final Guidelines issued February 28, 1997 by the Environmental Protection Agency which Guidelines concern documentation of the authority of a State to establish a Fund to operate the Drinking Water State Revolving Fund ("DWSRF"), as enabled by Section 1452(a)(1)(B) of the Safe Drinking Water Act. In accordance with those Guidelines, please be advised as follows: R.I. Gen. Laws § 46-12.2-3 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." In 1993, the Rhode Island General Assembly recognized the need to "construct and reconstruct facilities related to and acquire watershed protection land in connection with the provision of safe drinking water throughout the state of Rhode Island", R.I. Gen. Laws § 46-12.8-1(a), and "to establish a revolving loan fund program to provide a perpetual source of low cost financing for safety drinking water projects," including those projects or "actions required under the federal Safe Drinking Water Act of 1974, 42 U.S.C., §§ 300f." R.I. Gen. Laws § 46-12.8-1(b). Accordingly, the Rhode Island General Assembly provided that the Rhode Island Clean Water Finance Agency (the "Agency"):

shall be the instrumentality of the state for administration of the safe drinking water revolving loan fund, and such other funds it holds or for which it is responsible, and, in conjunction with the [Rhode Island Department of Health], is empowered to and shall take all action necessary or appropriate to secure to the state the benefits of any other federal or state legislation pertaining to the funds and to the financing of approved projects. Without limiting the generality of the foregoing and other powers of the agency provided in this chapter , the agency is empowered to and shall:

(1) Cooperate with...