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1998 Rhode Island Attorney General Reports and Opinions 1 (1998)

handle is hein.sag/sagri0018 and id is 1 raw text is: 6tate of 1Rhode 3sland and proidencc plantations DEPARTMENT OF ATTORNEY GENERAL 150 South Main Street, Providence, RI 02903 (401)274-4400 TDD-453-0410 Jeffrey B. Pine, Attorney General July 27, 1998 Official Opinion No. 98-01 Mr. John P. Devillars Regional Administrator United States Environmental Protection Agency Region I John F. Kennedy Federal Office Building Boston, MA 02203 RE: Application for Capitalization Grant Pursuant to Title VI of the Clean Water Act Dear 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(a)(12) grants to the Agency the power to enter into

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