1998 Legislation
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HOUSE BILL NO. 448 – Wastewater facility loan acct

HOUSE BILL NO. 448

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H0448........................................................by MR. SPEAKER
              Requested by: Division of Environmental Quality
WASTEWATER FACILITY LOAN ACCOUNT - Amends existing law to change the name
of the Water and Wastewater Facility Loan Account to the Wastewater
Facility Loan Account, to provide for treatment of money in the account and
to provide that moneys in the Water Pollution Control Account are
perpetually appropriated to provide grants or contracts for training
drinking water system operating personnel and to provide funds to
capitalize the Drinking Water Loan Account.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Env Aff
01/21    Rpt out - rec d/p - to 2nd rdg
01/22    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
      Jones(9), Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
      Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
      Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Crane, Jones(20), Wood
    Floor Sponsor - Barraclough
    Title apvd - to Senate
02/03    Senate intro - 1st rdg - to Health/Wel
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Boatright, Ingram, Sweeney
    Floor Sponsor - Ipsen
    Title apvd - to House
02/19    To enrol
02/20    Rpt enrol - Sp signed
02/23    Pres signed
02/24    To Governor
02/25    Governor signed
         Session Law Chapter 16
         Effective: 07/01/98

Bill Text


H0448

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 448

                                      BY MR. SPEAKER
                     Requested by: Division of Environmental Quality

 1                                        AN ACT
 2    RELATING TO WATER QUALITY; AMENDING SECTION 39-3629, IDAHO CODE, TO  ESTABLISH
 3        THE WASTEWATER FACILITY LOAN ACCOUNT AND TO PROVIDE FOR TREATMENT OF MONEY
 4        IN  THE  ACCOUNT;  AMENDING  SECTION  39-3630, IDAHO CODE, TO PROVIDE THAT
 5        MONEYS IN THE WATER POLLUTION CONTROL ACCOUNT ARE PERPETUALLY APPROPRIATED
 6        TO PROVIDE GRANTS OR CONTRACTS FOR TRAINING DRINKING WATER SYSTEM  OPERAT-
 7        ING  PERSONNEL  AND TO PROVIDE FUNDS TO CAPITALIZE THE DRINKING WATER LOAN
 8        ACCOUNT INCLUDING THE REQUIRED MATCHING SHARE  OF  FEDERAL  CAPITALIZATION
 9        FUNDS;  AMENDING SECTION 39-3631, IDAHO CODE, TO PROVIDE FOR APPROPRIATION
10        OF MONEYS IN THE WASTEWATER FACILITY LOAN ACCOUNT;  AND  AMENDING  SECTION
11        39-3632,  IDAHO  CODE, TO PROVIDE THAT THE BOARD OF HEALTH AND WELFARE MAY
12        MAKE LOANS FROM THE WASTEWATER FACILITY LOAN ACCOUNT.

13    Be It Enacted by the Legislature of the State of Idaho:

14        SECTION 1.  That Section 39-3629, Idaho Code, be, and the same  is  hereby
15    amended to read as follows:

16        39-3629.    WATER  AND  WASTEWATER FACILITY LOAN ACCOUNT ESTAB-
17    LISHED. There is hereby created and established in the agency  asset  fund  in
18    the state treasury an account to be known as the  water and  waste-
19    water  facility  loan  account.  Surplus  moneys in the  water and 
20    wastewater facility loan account shall be invested by the state  treasurer  in
21    the  manner provided for idle state moneys in the state treasury under section
22    67-1210, Idaho Code. Interest received on all such investments shall  be  paid
23    into  the  water and  wastewater facility loan account. The account
24    shall have paid into it:
25        1.  Federal funds which are received by the state  to  provide  for  
26    water and  wastewater facility loans together with required state match-
27    ing  funds  coming from a portion of the moneys in the water pollution control
28    account as established in section 39-3628, Idaho Code;
29        2.  All donations and grants from any source which may  be  used  for  the
30    provisions of this section;
31        3.  All  principal  and interest repayments of loans made pursuant to this
32    chapter; and
33        4.  Any other moneys which may hereafter be provided by law.

34        SECTION 2.  That Section 39-3630, Idaho Code, be, and the same  is  hereby
35    amended to read as follows:

36        39-3630.  APPROPRIATION  OF  WATER POLLUTION CONTROL ACCOUNT -- PURPOSE OF
37    CHAPTER. Moneys in the water pollution control account are hereby  perpetually
38    appropriated for the following purposes:
39        1.  To  provide the state's matching share of grants made under the provi-
40    sions of this chapter.
41        2.  To provide revenue for the payment of general obligation bonds  issued


                                          2

 1    pursuant  to  section  39-3633,  Idaho  Code, and general obligation refunding
 2    bonds issued pursuant to chapter 115, 1973 laws of the state of Idaho.
 3        3.  To provide for the operations of the  water  quality  programs  estab-
 4    lished pursuant to this chapter.
 5        4.  To  provide  direct  grants  or contracts for the purpose of providing
 6    training for  drinking  water  system  and sewage treat-
 7    ment plant operating personnel.
 8        5.  To provide payments for contracts entered into pursuant to this  chap-
 9    ter.
10        6.  To  provide  funds to capitalize the  water and  wastewater
11    facility loan account established in section 39-3629,  Idaho  Code,  including
12    the required matching share of federal capitalization funds.
13          7.  To  provide funds to capitalize the drinking water loan account
14    established in section 39-7602, Idaho Code, including  the  required  matching
15    share of federal capitalization funds. 

16        SECTION  3.  That  Section 39-3631, Idaho Code, be, and the same is hereby
17    amended to read as follows:

18        39-3631.  APPROPRIATION OF  WATER AND  WASTEWATER FACILITY LOAN
19    ACCOUNT -- PURPOSE OF CHAPTER. Moneys in the  water and  wastewater
20    facility loan account are hereby perpetually appropriated  for  the  following
21    purposes:
22        1.  To  provide  loans  and other forms of financial assistance authorized
23    under title VI of the federal water quality act of 1987, P.L.  100-4,  to  any
24    municipality for construction of sewage treatment works.
25        2.  To  provide  funds,  subject to annual federal and state appropriation
26    and applicable federal limitations, for operation of the  wastewater  facility
27    loan program by the department of health and welfare.
28         3.  To provide funds, subject to annual federal and state appropria-
29    tions  and applicable federal limitations, for operation of the water facility
30    loan program by the department of health and welfare. 

31        SECTION 4.  That Section 39-3632, Idaho Code, be, and the same  is  hereby
32    amended to read as follows:

33        39-3632.  GRANTS  AND LOANS FOR DESIGN, PLANNING OR CONSTRUCTION -- LIMITS
34    ON AMOUNT OF GRANTS AND LOANS. (1) The board of health and welfare may  divide
35    financial  assistance for eligible construction projects into separate grants,
36    loans or a combination of grants and loans for the design, planning, and  con-
37    struction  stages  of  project  development. The making of a grant or loan for
38    early stages of a project does not obligate the state to make a grant or loans
39    for later stages of the same project.
40        (2)  The board may make grants from the water pollution  control  account;
41    provided, that the projected payments for such grants would not cause the pro-
42    jected  balance  in the account to fall below zero at any time. All grant pay-
43    ments shall be subject to the availability of moneys in the account.
44        (3)  The board may make loans from the  water and    wastewater
45    facility  loan  account,  provided  that the projected payments for such loans
46    would not cause the projected balance in the account to fall below zero at any
47    time. All loan payments shall be subject to the availability of moneys in  the
48    account.

Statement of Purpose / Fiscal Impact


    





    STATEMENT OF PURPOSE
           RS07377
           
    
    One of the major provisions of the Safe Drinking Water Act Amendments of 
    1996 was to provide capitalization of a Drinking Water State Revolving Fund 
    loan program. This program will allow the State to make low interest loans 
    to Idaho communities to improve their drinking water infrastructure.
    
    The purpose of this amending legislation is to establish that the State 
    matching funds for the Drinking Water Loan Account (Safe Drinking Water Act 
    State Revolving Fund Loan Program) will be perpetually appropriated from 
    the Water Pollution. Control Account. This will allow the Division of 
    Environmental Quality to transfer the State matching funds, as needed.
    
    Environmental Protection Agency guidelines and Idaho Code require that the 
    interest earned on the idle fund balance for the newly established Drinking 
    Water Loan Account to be deposited to the Account. In the fiscal year 1998 
    appropriation for DEQ, the Idaho Legislature included an appropriation of 
    $2,800,000 to be transferred from the Water Pollution Control Account to the 
    Drinking Water Loan Account. DEQ has learned from the operation of the 
    Wastewater Facility Loan Account (Wastewater Facility State Revolving Fund 
    Loan Program) that the actual loan disbursements for this first annual 
    appropriation may take up to several years to complete. Additionally, if is 
    estimated that Idaho will need $1,400,000 of State matching funds annually 
    from 1999 to 2003. U.S. Environmental Protection Agency guidelines also 
    require that the Drinking Water Loan Account be a separate account from the 
    Wastewater Facility Loan Account and this legislation will correct 
    conflicting terms in Idaho Code.
    
    
     FISCAL IMPACT 
    
    
    An estimate of the fiscal impact is to assume that the State match will 
    be, on average, deposited to the Drinking Water Loan Account one year before 
    the match is actually needed. Assuming a 5% interest rate earned on idle 
    cash invested, the General Fund will lose (to the benefit of the Drinking 
    Water Loan Account) $140,000 ($2,800,000 x 5%) for the fiscal year 1998 
    appropriation and $70,000 ($1,400,000 x 5%) per year for fiscal years 1999 
    through 2003. Having the State matching funds perpetually appropriated will 
    ensure that the Idaho Drinking Water Loan program will be able to accept all 
    future federal drinking water allotments which are estimated to be 
    $96,000,000 (1% of $9.6 billion).
    
    CONTACT
    Name: Dave Sande
    
    Agency: Division of Environmental Quality 
    Phone: 373-0292 Statement of Purpose/Fiscal Impact H 
    448