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S1135...............................................by AGRICULTURAL AFFAIRS
SOIL CONSERVATION COMMISSION - Amends and adds to existing law to provide
that Soil Conservation Districts and the State Soil Conservation Commission
shall be the main entities providing grants, loans and approving programs
for reducing or eliminating nonpoint source pollution from agriculture.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Agric Aff
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Darrington
Floor Sponsor - Branch
Title apvd - to House
02/26 House intro - 1st rdg - to Agric Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Marley, McKague, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Zimmermann
NAYS -- None
Absent and excused -- Crow, Mader, Meyer, Wood, Mr Speaker
Floor Sponsor - Bell, Chase
Title apvd - to Senate
03/12 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed - to Governor
03/19 Governor signed
Session Law Chapter 137
Effective: 07/01/99
S1135|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1135 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SOIL CONSERVATION DISTRICTS AND THE SOIL CONSERVATION COMMISSION; 3 AMENDING SECTION 22-2728, IDAHO CODE, TO REVISE LEGISLATIVE POLICY REGARD- 4 ING SOIL CONSERVATION DISTRICTS AND THE SOIL CONSERVATION COMMISSION; 5 AMENDING SECTION 22-2729, IDAHO CODE, TO PROVIDE ADDITIONAL POWERS TO THE 6 SOIL CONSERVATION COMMISSION REGARDING CERTAIN ACTIVITIES AND TO MAKE 7 TECHNICAL CORRECTIONS; AMENDING SECTION 22-2730, IDAHO CODE, TO PROVIDE 8 CORRECT NOMENCLATURE FOR THE RESOURCE CONSERVATION AND RANGELAND DEVELOP- 9 MENT FUND, TO REVISE PURPOSES FOR THE FUND, TO PROVIDE THAT THE SOIL CON- 10 SERVATION COMMISSION SHALL ESTABLISH A LIST OF PRIORITY PROJECTS FOR CON- 11 TROL OF AGRICULTURAL NONPOINT SOURCE POLLUTION AND TO MAKE A TECHNICAL 12 CORRECTION; AMENDING SECTION 22-2731, IDAHO CODE, TO REVISE PURPOSES FOR 13 ALLOCATION OF THE RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND; 14 AMENDING SECTION 22-2732, IDAHO CODE, TO PROVIDE FOR LOANS FROM THE FUND, 15 TO REVISE PROCEDURES FOR APPLICANTS APPLYING FOR A LOAN FROM THE FUND AND 16 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-2733, IDAHO CODE, TO 17 PROVIDE FOR GRANTS FROM THE FUND, TO REVISE PROCEDURES FOR APPLICATION OR 18 APPROVAL OF GRANTS FROM THE FUND AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 19 ING CHAPTER 27, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20 22-2734, IDAHO CODE, TO ESTABLISH A COST-SHARE PROGRAM FROM THE FUND AND 21 TO PROVIDE PROCEDURES GOVERNING APPLICATION AND APPROVAL FROM THE FUND; 22 AMENDING CHAPTER 27, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 23 TION 22-2735, IDAHO CODE, TO PROVIDE FOR PAYMENTS BY THE SOIL CONSERVATION 24 COMMISSION FOR ELIGIBLE IMPROVEMENTS, PROJECTS OR PLANS, TO PROVIDE FOR 25 AGREEMENTS AND TO PROVIDE RULES; AMENDING SECTION 39-3624, IDAHO CODE, TO 26 DELETE REFERENCE TO SOIL CONSERVATION DISTRICTS; AMENDING SECTION 39-3625, 27 IDAHO CODE, TO DELETE DEFINITIONS OF "SOIL CONSERVATION DISTRICT" AND 28 "SOIL CONSERVATION COMMISSION"; AMENDING SECTION 39-3626, IDAHO CODE, TO 29 DELETE REFERENCE TO SOIL CONSERVATION DISTRICTS, TO DELETE REFERENCE TO 30 THE BOARD OF HEALTH AND WELFARE AND THE SOIL CONSERVATION COMMISSION 31 ESTABLISHING A LIST OF PRIORITY PROJECTS FOR CONTROL OF AGRICULTURAL 32 NONPOINT SOURCE POLLUTION AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING 33 SECTION 39-3627, IDAHO CODE, TO DELETE REFERENCE TO CONTRACTS OR AGREE- 34 MENTS WITH SOIL CONSERVATION DISTRICTS OR THE SOIL CONSERVATION COMMIS- 35 SION. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 22-2728, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 22-2728. DECLARATION OF POLICY -- DESIGNATION OF SOIL CONSERVATION DIS- 40 TRICTS AND SOIL CONSERVATION COMMISSION. (a) The legislature recognizes and 41 finds: 42 (1) That it is essential to the general welfare of all citizens of this 43 state and it is in the public interest that multiple use conservation 2 1 improvements should be implemented on a broader scale on both public and 2 private lands in the state; 3 (2) That due to numerous economic and practical problems, relating to the 4 improvement of individual tracts of land both public and private, insuffi- 5 cient attention has been given to resource conservation and improvement; 6 (3) That rangeland and other agricultural land improvement projects of 7 the nature contemplated by this act would enhance the economic productiv- 8 ity and environmental quality of the state; and 9 (4) That it appears to be sound public policy for the state of Idaho to 10 provide for a revolving account to provide loans ,or11grants , and cost-share funding to the end that 12 rangelands and other agricultural lands within the state can be made to 13 provide the greatest benefits to all concerned. 14 (b) The purposes of this act are to provide a means whereby funds, 15 including federal, state, private, or other moneys, can be obtained and uti- 16 lized for the accelerated development of water quality programs, 17 multiple use rangeland , and other agricultural land conservation 18 improvements in the state and to provide that these improvements , proj- 19 ects and programs be locally planned, coordinated, and 20 implemented throughexistingstatutory provisions pertaining to 21 soil conservation districts and the state soil conservation commission and 22 through the administrative direction and supervision of thestate soil23conservationcommission in cooperation with the department of 24 agriculture and appropriate federal and state agencies and the owners 25 and operators of privately-owned lands. 26 SECTION 2. That Section 22-2729, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 22-2729. ADDITIONAL POWERS.(a)In addition to the powers, 29 functions, and duties of the soil conservation districts and state soil con- 30 servation commission previously provided for in this chapter,these dis-31tricts andthe commission shall have the following additional powers, 32 functions, and duties: 33 (1) Thedistrictscommission shall conduct, in 34 cooperation with appropriate federal and state agencies and the owners and 35 operators of privately-owned rangelands and other agricultural lands in this 36 state, conservation improvements on or in respect to these lands for the pur- 37 poses of implementing conservation systems to conserve and improve natural 38 resource conditions; 39 (2) The commission shall assist and advise the districts and other 40 entities in implementing the conservation improvements and , 41shallwithin the funds available , may provide 42 loans ,orgrants , and cost-share funding, or a 43 combination of those funding sources, from the resource conservation 44 and rangeland developmentaccountfund for funding 45 of selected conservation improvements; 46 (3) The commission shall determine whether funds are available before 47 approving any conservation improvements and after having made such determina- 48 tion shall enter into the necessary contracts for this implementation; 49 (4) The Idaho soil conservation commission shall be the agency for admin- 50 istration of funds accruing to the resource conservation and rangeland devel- 51 opment programaccount, and may receive up to four percent (4%) of the52moneys accruing to the account to be appropriated annually for the purpose of53administering loans or grants authorized pursuant to this section3 1 fund ; 2 (5) The commission shall promulgate such rulesand regulations3as are necessary to carry out the purposes of this act. 4 SECTION 3. That Section 22-2730, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 22-2730. RESOURCE CONSERVATION AND RANGELAND DEVELOPMENTACCOUNT7FUND CREATED. (a1 ) There is 8 hereby created in theagency assetstate treasury 9 an accountfund to be known as the Idaho resource 10 conservation and rangeland developmentaccountfund , 11 which shall consist of all moneys which may be appropriated to it by the leg- 12 islature or made available to it from federal, private, or other sources. The 13 state treasurer is directed to invest all unobligated moneys in the14accountfund . All interest and other income accruing from 15 such investments shall accrue to theaccountfund . 16 The soil conservation commission may expend from theaccount17 fund such sums as it shall deem necessary for any of the conser- 18 vation improvements , projects and programs provided for under 19 this act under such terms and conditions provided for in its rules and20regulationsthe water quality program for agriculture . 21 (2) The Idaho soil conservation commission shall establish a list 22 of priority projects for control of agricultural nonpoint source pollution. 23 These priority lists shall be used as the method for allocation of funds 24 granted, or loaned or cost-shared under this act. 25 SECTION 4. That Section 22-2731, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-2731. ALLOCATION OF FUND.(a)The Idaho resource conser- 28 vation and rangeland developmentaccountfund shall 29 be allocated for use: 30 (1) By the state soil conservation commission to eligible 31 applicants for conservation improvements which it deems to be "in the public 32 interest" in such amounts as are necessary for the implementation of conserva- 33 tion measures identified in a conservation plan.; 34 (2) By the commission to eligible applicants for the purpose of conserva- 35 tion improvements on rangelands, agricultural lands, and riparian lands, which 36 will provide environmental enhancement to soil, water, wildlife, and related 37 resources ; 38 (3) By the commission for the purpose of implementing the water quality 39 program for agriculture . 40 SECTION 5. That Section 22-2732, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 22-2732. LOANS FROMACCOUNTFUND -- APPLICATION 43 -- APPROVAL -- REPAYMENT. (a) Eligible applicants may file an application with 44 the local soil conservation district or the state soil conservation com- 45 mission for a loan from theaccountfund for 46 the purpose of financing conservation improvement cost. Such application shall 47 be filed in such a manner, and shall be in such form, and be accompanied by 48 such information as may be prescribed by the commission .;49provided, however, that aA ny such application filed with 4 1 the district or the commission under the provisions of this act 2 shall: 3 (1) Describe the nature and purposes of the improvements or proj- 4 ects . 5 (2) Set forth or be accompanied by a conservation plan approved by the 6 local soil conservation districtwhichor the commis- 7 sion that identifies the conservation improvements, or proj- 8 ects, together with suchengineeringtechnical 9 and economic feasibility data and estimated costsof con-10structionas may be required by the commission. 11 (3) State whether money other than that for which application is made 12 under this act will be used for improvement costs, and whether such money 13 is available or has been sought for this purpose. 14 (4) Show that the applicant holds or can acquire title to all lands or 15 has necessary easements and rights - of - way for 16 the improvements. 17 (5) Show the proposed project is feasible froman engineering18a technical standpoint and economically justified. 19 (b) Within sixty (60) days of receipt of an application, the local soil 20 conservation district or the commission shall review and evalu- 21 ate, and if it deems necessary, investigateallaspects of the 22 proposed improvements. As part of such investigation, the district or 23 the commission shall determine whether the plan for development of the 24 conservation improvements is satisfactory. If the district or the com- 25 mission determines the plan is unsatisfactory, it shall return the 26 application to the applicant andthe districtmay make such rec- 27 ommendations to the applicant as are considered necessary to make the plan 28 satisfactory. If the district or the commission determines the 29 planisand application are satisfactory, it shall 30assign a priority to the application and forward the application to the31commission with a recommendationbe considered for fund- 32 ing. 33 (c) The commission may approve a loan for conservation improvements if 34 after review, evaluation, and investigation if necessary, finds that: 35 (1) The applicant is qualified and responsible; 36 (2) There is reasonable assurance that the borrower can repay the loan; 37 (3) That money in the resource conservation and rangeland development 38accountfund is available for the loan;39. 40(4) That the loan will not result in a condition whereby the appli-41cant has a loan liability in excess of fifty thousand dollars ($50,000)42pursuant to this act.43 (d) If the commission approves a loan, the applicant shall execute a 44 promissory note for repayment to the account of money loaned therefrom, 45 together with interest not to exceed six percent (6%) annually as determined 46 by the commission. The note shall further provide that repayment of the loan, 47 together with interest thereon, shall commence not later than two (2) full 48 years from the date the note is signed. Repayment shall be completed within 49 the time period specified by the commission not to exceed fifteen (15) years, 50 except that the commission may extend the time for making repayment in event 51 of emergency or hardship. Such agreement shall also provide for such assurance 52 of, and security for, repayment of the loan as are considered necessary by the 53 commission. 54 (e) Upon approval of the loan and securing all necessary documents, 55 the commission will make available, in approved form, project or contract 5 1 funding. 2 (f) If an applicant fails to comply with the repayment contract, 3 the interest in the improvement may be conveyed to a successor upon approval 4 by the commission, which may contract with the qualified successor in interest 5 of the original obligor for repayment of the loan, together with interest 6 thereon, and for succession to its rights and obligation in any contract with 7 the commission. 8 SECTION 6. That Section 22-2733, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-2733. GRANTS FROMACCOUNTFUND -- APPLICA- 11 TION -- APPROVAL -- GRANT AGREEMENT. (a) Eligible applicants may file an 12 application with the local soil conservation district or the state soil 13 conservation commission for a grant from theaccount14 fund for the purpose of financingdemonstration project costs for15improving rangeland and riparian areasconservation improvement 16 costs . Such application shall be filed in such a manner and shall be in 17 such form, and be accompanied by such information as may be prescribed by the 18 commission; provided, however, that any such application filed with the dis- 19 trict or the commission under the provisions of this section 20 shall: 21 (1) Describe the nature and purpose of the improvements or conser- 22 vation plan implementation project. 23 (2) Set forth or be accompanied by a n improvement project 24 plan approved by the local soil conservation districtwhich25 or the commission that identifies the practices to be 26 applied, together with suchengineeringtechnical 27 and economic feasibility data and estimated costsof con-28structionas may be required by the commission. 29 (3) State whether money other than that for which application is made 30 under this section will be used for improvement project 31 or conservation plan implementation costs, and whether such money 32 is available or has been sought for this purpose. 33 (4) Show that the applicant holds or can acquire title to all lands or 34 has necessary easements and rights - of - way to 35 implement the project plan. 36 (b) Within sixty (60) days of receipt of an application, the local soil 37 conservation district or the commission shall review and 38 evaluate,and , if it deems necessary, investigate 39 all aspects of the proposed improvements, project or con- 40 servation plan . As part of such investigation, the district or 41 the commission shall determine whether the project plan is satisfac- 42 tory. If the district or the commission determines that the plan 43 is unsatisfactory, it shall return the application to the applicant and the 44 district or the commission may make such recommendations to the 45 applicant as are considered necessary to make the plan satisfactory. If the 46 district or the commission determines the plan is satisfactory, 47 it shallassign a priority to the application and forward the applica-48tion to the commission with a recommendationbe considered 49 for funding. 50 (c) The commission may approve a grant if after review, evaluation, and 51 investigation if necessary, it finds that: 52 (1) The applicant is qualified and responsible. 53 (2) The improvement, project , or conservation plan 6 1 demonstrates public benefits. 2 (3) That money in the resource conservation and rangeland development 3accountfund is available for the grant. 4 (d) If the commission approves a grant, thecommission5 applicant shall enter into an agreement covering the grant offer and accep- 6 tance of the grant for implementing the improvement, project 7 , or conservation plan. The agreement shall be improvement, 8 project , or conservation plan specific. The terms and con- 9 ditions shall be those specified by the commission. 10 (e) Upon approval of the grant and securing all necessary docu- 11 ments, the commission will make available, in the approved form, project or 12 contract funding. 13 SECTION 7. That Chapter 27, Title 22, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION , to be 15 known and designated as Section 22-2734, Idaho Code, and to read as follows: 16 22-2734. COST SHARE FROM FUND -- APPLICATION -- APPROVAL. (1) Eligible 17 applicants may file an application with the state soil conservation commission 18 for a cost-share contract, project, or program from the fund for the purpose 19 of financing agricultural and grazing conservation improvements. Such applica- 20 tion shall be filed in such a manner and shall be in such form and be accompa- 21 nied by such information as may be prescribed by the commission; provided how- 22 ever, that any such application filed with the commission under the provisions 23 of this act shall: 24 (a) Describe the nature and purposes of the improvements and projects 25 requiring cost sharing; 26 (b) Set forth or be accompanied by a plan that identifies the conserva- 27 tion improvements or projects, together with such technical and economic 28 feasibility data and estimated costs as may be required by the commission; 29 (c) State whether money other than that for which application is made 30 under this act will be used for costs, and whether such money is available 31 or has been sought for this purpose; 32 (d) Show the proposed project is feasible from a technical standpoint and 33 is economically justified. 34 (2) Within sixty (60) days of receipt of an application for a cost-share 35 project, the commission shall review and evaluate and, if it deems necessary, 36 investigate aspects of the contract or project. As part of such investigation, 37 the commission shall determine whether the plan for development of the conser- 38 vation improvements is satisfactory. If the commission determines the plan is 39 unsatisfactory, it shall return the application to the applicant and the 40 appropriate agency may make such recommendations to the applicant as are con- 41 sidered necessary to make the plan satisfactory. If the commission determines 42 the plan is satisfactory, it shall be considered for funding. 43 (3) The commission may approve a cost-share grant for conservation proj- 44 ects and improvements if, after review, evaluation and investigation, it finds 45 that: 46 (a) The applicant is qualified and responsible; 47 (b) There is reasonable assurance that the applicant will adhere to con- 48 tract terms; 49 (c) The money in the resource conservation and rangeland development fund 50 is available for the cost-share project. 51 (4) Upon approval of the cost-share contract and securing all necessary 52 documents, the commission will make funding available. 7 1 SECTION 8. That Chapter 27, Title 22, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION , to be 3 known and designated as Section 22-2735, Idaho Code, and to read as follows: 4 22-2735. PAYMENTS BY THE STATE SOIL CONSERVATION COMMISSION -- RULES -- 5 APPROVAL OF ATTORNEY GENERAL -- AUDIT OF PAYMENTS. (1) The commission may make 6 payments not to exceed the estimated reasonable cost of an eligible improve- 7 ment, project, or plan. 8 (2) The commission may, in the name of the state of Idaho, enter into 9 contracts with approved applicants, and any such approved applicants may enter 10 into a contract with the commission concerning eligible improvements, projects 11 or plans. Any such contract may include such provisions as may be agreed upon 12 by the parties thereto, and shall include, in substance, the following provi- 13 sions: 14 (a) An estimate of the reasonable cost of the improvements, projects, or 15 plans as determined by the commission; 16 (b) The terms under which the commission may unilaterally terminate the 17 contract and/or seek repayment from the application of sums already paid 18 pursuant to the contract for noncompliance by the applicant with the terms 19 and conditions of the contract and the provisions of this chapter; 20 (c) An agreement by the applicant binding for the life of the eligible 21 improvements, projects or plans: 22 (i) To develop water quality plans for landowners and provide pay- 23 ments to landowners for installation of best management practices; 24 (ii) To determine payment rates in conjunction with the commission 25 for best management practices; 26 (iii) To establish a method for administration and provisions for 27 technical assistance to landowners in conjunction with the commis- 28 sion; 29 (iv) To allow the state to make payments up to the estimated reason- 30 able cost for best management practices installation, technical 31 assistance and project administration of an eligible project; 32 (v) To develop and to secure the approval of the commission of 33 plans for operation of the eligible project; 34 (vi) To ensure that the local matching share of the cost is provided 35 as applicable; 36 (vii) To assure an adequate level of landowner participation and 37 application of best management practices to ensure water quality 38 goals are met. 39 (3) The commission may enter into contracts to provide technical assis- 40 tance to applicants that have entered agreements pursuant to this chapter. Any 41 such contract may include such provisions agreed upon by the parties thereto, 42 and shall include, in substance, the following provisions: 43 (a) An estimate of the reasonable cost of technical assistance; 44 (b) The terms under which the commission may unilaterally terminate the 45 contract, and/or seek repayment of sums paid pursuant to the contract, for 46 noncompliance by the applicants with the terms and conditions of the con- 47 tract, the provisions of this chapter, or rules adopted pursuant thereto. 48 (4) The commission may enter into contracts and establish procedures to 49 be followed in applying for eligible improvements, projects and plans herein 50 authorized as shall be necessary for the effective administration of the water 51 quality program for agriculture. 52 (5) All contracts entered into pursuant to this section shall be subject 53 to approval by the attorney general as to form. All payments by the state pur- 54 suant to such contracts shall be made after audit and upon warrant as provided 8 1 by law on vouchers approved by the the director of the department of agricul- 2 ture. 3 (6) All grant agreements and contracts previously entered into with the 4 state board of health and welfare, soil conservation districts and the commis- 5 sion pursuant to section 39-3627, Idaho Code, for payments and administration 6 are now to be administered and payments implemented solely by the commission. 7 SECTION 9. That Section 39-3624, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-3624. DECLARATION OF POLICY -- DESIGNATION OF DIRECTOR. The legisla- 10 ture, recognizing that water is one (1) of the state's most valuable natural 11 resources, has adopted water quality standards and authorized the director of 12 the department of health and welfare to implement these standards. In order to 13 provide and maintain maximum water quality in the state for domestic, indus- 14 trial, agricultural (irrigation and stockwatering), mining, manufacturing, 15 electric power generation, municipal, fish culture, artificial ground water 16 recharge, transportation and recreational purposes at the earliest possible 17 date, and to conform to the expressed intent of congress to abate pollution of 18 ground waters, streams and lakes, the legislature declares the purpose of this 19 act is to enhance and preserve the quality and value of the water resources of 20 the state of Idaho and to assist in the prevention, control, abatement and 21 monitoring of water pollution. In consequence of the benefits resulting to the 22 public health, welfare and economy it is hereby declared to be the policy of 23 the state of Idaho to protect this natural resource by assisting in monitor- 24 ing, preventing and controlling water pollution; to support and aid technical 25 and planning research leading to the prevention and control of water pollu- 26 tion, and to provide financial and technical assistance to municipalities27, soil conservation districtsand other agencies in the abatement and 28 prevention of water pollution. The director of the department of health and 29 welfare shall administer this act and nothing herein shall be construed as 30 impairing or in any manner affecting the statutory authority or jurisdiction 31 of municipalities in providing domestic water, sewage collection and treat- 32 ment. 33 SECTION 10. That Section 39-3625, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 39-3625. DEFINITIONS. A. "Sewage treatment works" means any facility for 36 the purpose of collecting, treating, neutralizing or stabilizing sewage or 37 industrial wastes of a liquid nature, including treatment by disposal plants, 38 the necessary intercepting, outfall and outlet sewers, pumping stations inte- 39 gral to such plants or sewers, equipment and furnishings thereof and their 40 appurtenances. 41 B. "Construction" means the erection, building, acquisition, alteration, 42 reconstruction, improvement or extension of sewage treatment works or best 43 management practices, preliminary planning to determine the economic and engi- 44 neering feasibility of sewage treatment works or best management practices, 45 the engineering, architectural, legal, fiscal and economic investigations, 46 reports and studies, surveys, designs, plans, working drawings, specifica- 47 tions, procedures, and other action necessary in the construction of sewage 48 treatment works or best management practices, and the inspection and supervi- 49 sion of the construction of sewage treatment works or best management prac- 50 tices. 51 C. "Eligible construction project" means a project for construction of 9 1 sewage treatment works or for a project for the application of best management 2 practices as set forth in the approved state water quality plan, in related 3 project areas: 4 1. For which approval of the Idaho board of health and welfare is 5 required under section 39-118, Idaho Code; 6 2. Which is, in the judgment of the Idaho board of health and welfare, 7 eligible for water pollution abatement assistance, whether or not federal 8 funds are then available therefor; 9 3. Which conforms with applicable rules of the Idaho board of health and 10 welfare; 11 4. Which is, in the judgment of the Idaho board of health and welfare, 12 necessary for the accomplishment of the state's policy of water purity as 13 stated in section 39-3601, Idaho Code; and 14 5. Which is needed, in the judgment of the Idaho board of health and wel- 15 fare, to correct existing water pollution problems or public health haz- 16 ards and to provide reasonable reserve capacity to prevent future water 17 pollution problems or public health hazards. 18 D. "Municipality" means any county, city, special service district, non- 19 profit corporation or other governmental entity having authority to dispose of 20 sewage, industrial wastes, or other wastes, any Indian tribe or authorized 21 Indian tribal organization, or any combination of two (2) or more of the fore- 22 going acting jointly, in connection with an eligible project. 23 E. "Board" means the Idaho board of health and welfare. 24 F. "Department" means the Idaho department of health and welfare. 25 G. "Director" means the director of the Idaho department of health and 26 welfare. 27 H. "Nondomestic wastewater" means wastewater whose source of contamina- 28 tion is not principally human excreta. 29 I. "Best management practice" means practices, techniques or measures 30 identified in the state water quality plan which are determined to be the most 31 effective, practicable means of preventing or reducing pollutants generated 32 from nonpoint sources to a level compatible with water quality goals. 33 J."Soil conservation district" means an entity of state government34as defined in section 22-2717, Idaho Code.35K. "Soil conservation commission" means an agency of state government as36created by section 22-2718, Idaho Code.37L."Nonpoint source pollution" means water pollution that comes 38 from many varied, nonspecific and diffused sources and can be categorized by 39 the general land disturbing activity that causes the pollution. 40MK . "Training program" means any course of 41 training established to provide sewage treatment plant operating personnel 42 with increased knowledge to improve their ability to operate and maintain sew- 43 age treatment works. 44 SECTION 11. That Section 39-3626, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 39-3626. AUTHORIZATION OF GRANTS AND LOANS -- DESIGNATION OF ADMINISTER- 47 ING AGENCY -- RESERVATION OF FUNDS FOR OPERATIONS -- CRITERIA -- PRIORITY 48 PROJECTS -- ELIGIBLE PROJECTS. A. The state of Idaho is hereby authorized to 49 make grants and loans at or below market interest rates, as funds are avail- 50 able, to any municipalityor soil conservation districtto assist 51 said municipalityor soil conservation districtin the construc- 52 tion of sewage treatment works or application of best management practices and 53 to provide for training of treatment plant operating personnel. 10 1 B. The Idaho board of health and welfare through the department of health 2 and welfare shall be the agency for administration of funds authorized for 3 grants or loans under this act, and may reserve up to four percent (4%) of the 4 moneys accruing annually to the water pollution control and wastewater facil- 5 ity loan accounts to be appropriated annually for the purpose of operating the 6 water quality programs established pursuant to this chapter. The board may 7 also reserve up to six percent (6%) of the moneys accruing annually to the 8 water pollution control account to be appropriated annually for the purpose of 9 conducting water quality studies including monitoring. 10 C. In allocating state construction grants and loans under this act, the 11 Idaho board of health and welfare shall give consideration to water pollution 12 control needs and protection of public health. 13 D. Pursuant to subsection C . the Idaho board of health and 14 welfare shall establish a list of priority municipal sewage facility projects. 15The Idaho board of health and welfare with the approval of the Idaho16soil conservation commission shall establish a list of priority projects for17control of agricultural nonpoint source pollution. These priority lists shall18be used as the method for allocation of funds granted or loaned under this19act.20 SECTION 12. That Section 39-3627, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-3627. PAYMENTS BY STATE BOARD OF HEALTH AND WELFARE -- CONTRACTS WITH 23 MUNICIPALITIES, SOIL CONSERVATION DISTRICTS OR SOIL CONSERVATION COMMIS-24SION-- RULES -- APPROVAL OF ATTORNEY GENERAL -- AUDIT OF PAYMENTS. A. 25 The Idaho board of health and welfare may make payments not to exceed ninety 26 percent (90%) of the estimated reasonable cost of an eligible construction 27 project funded by a grant. Payments may be made which are equal to one hundred 28 percent (100%) of the estimated reasonable cost of an eligible construction 29 project funded by a loan. 30 B. The Idaho board of health and welfare may, in the name of the state of 31 Idaho, enter into contracts with municipalitiesor soil conservation32districts,and any such municipalityor soil conservation dis-33trictmay enter into a contract with the Idaho board of health and wel- 34 fare, concerning eligible construction projects. Any such contract may include 35 such provisions as may be agreed upon by the parties thereto, and shall 36 include, in substance, the following provisions: 37 1. An estimate of the reasonable cost of the project as determined by the 38 Idaho board of health and welfare. 39 2. An agreement by the municipality, binding for the actual service life 40 of the sewage treatment works: 41 a. To proceed expeditiously with, and complete, the project in 42 accordance with plans approved pursuant to section 39-118, Idaho 43 Code. 44 b. To commence operation of the sewage treatment works on completion 45 of the project, and not to discontinue operation or dispose of the 46 sewage treatment works without the approval of the board of health 47 and welfare. 48 c. To operate and maintain the sewage treatment works in accordance 49 with applicable provisions and rules of the board. 50 d. To make available on an equitable basis the services of the sew- 51 age treatment works to the residents and commercial and industrial 52 establishments of areas it was designed to serve. 53 e. To provide for the payment of the municipality's share of the 11 1 cost of the project when the project is built using grant funds. 2 f. To develop and to secure the approval of the department of plans 3 for the operation and maintenance of the sewage treatment works; and 4 of plans and programs for the recovery of the capital costs and oper- 5 ating expenses of the works or system. 6 g. To allow the board to make loans of up to one hundred percent 7 (100%) and supplemental grants based upon financial capability to a 8 municipality for the estimated reasonable cost of an eligible proj- 9 ect, which may include treatment of nondomestic wastewater. 10 h. To provide for the accumulation of funds through the use of tax- 11 ing powers, through charges made for services, through revenue bonds, 12 or otherwise, for the purposes of (1) capital replacement, (2) future 13 improvement, betterment, and extension of such works occasioned by 14 increased wastewater loadings on the works, and (3) establishing a 15 fund dedicated solely to repayment of principal and interest of loans 16 made subsequent to this chapter. 17 i. To commence annual principal and interest payments not later than 18 one (1) year from the date construction is completed and to provide 19 for full amortization of loans not later than twenty (20) years from 20 the date project construction is completed. 21 3. The terms under which the Idaho board of health and welfare may uni- 22 laterally terminate the contract and/or seek repayment from the municipal- 23 ityor soil conservation districtof sums already paid pursu- 24 ant to the contract for noncompliance by the municipalityor soil25conservation districtwith the terms and conditions of the contract 26 and the provisions of this chapter. 274. An agreement by the soil conservation district, binding for the28life of the eligible project:29a. To develop water quality plans for landowners in the project30areas and provide cost-share payments to landowners for installation31of best management practices.32b. To determine cost-share rates in conjunction with the state soil33conservation commission for best management practices.34c. In conjunction with the state soil conservation commission estab-35lish a method for project administration and provisions for technical36assistance to landowners.37d. To allow the state to give grants of up to ninety percent (90%)38of the estimated reasonable cost for best management practices39installation, technical assistance and project administration of an40eligible project.41e. To develop and to secure the approval of the department and the42state soil conservation commission of plans for operation of the eli-43gible project.44f. To ensure that the local matching share of the cost of the proj-45ect is provided.46g. To assure an adequate level of landowner participation and appli-47cation of best management practices to insure water quality goals are48met.49C. The Idaho board of health and welfare may, in the name of the state of50Idaho, enter into contracts with the soil conservation commission, and the51soil conservation commission may enter into contracts with the Idaho board of52health and welfare, to provide technical assistance to soil conservation dis-53tricts which have entered grant agreements pursuant to this chapter. Any such54contract may include such provisions agreed upon by the parties thereto, and55shall include, in substance, the following provisions:12 11. An estimate of the reasonable cost of technical assistance as deter-2mined by the Idaho board of health and welfare.32. The terms under which the Idaho board of health and welfare may uni-4laterally terminate the contract, and/or seek repayment of sums paid pur-5suant to the contract, for noncompliance by the soil conservation commis-6sion with the terms and conditions of the contract, the provisions of this7chapter, or rules adopted pursuant thereto.8DC . The board may adopt rules necessary for the mak- 9 ing and enforcing of contracts hereunder and establishing procedures to be 10 followed in applying for state construction grants or loans or training grants 11 herein authorized as shall be necessary for the effective administration of 12 the grants and loans program. 13ED . All contracts entered into pursuant to this 14 section shall be subject to approval by the attorney general as to form. All 15 payments by the state pursuant to such contracts shall be made after audit and 16 upon warrant as provided by law on vouchers approved by the director.
STATEMENT OF PURPOSE
RS 08943
This legislation amends Titles 22-2728 through 22-2738 to
provide as state policy the use of a revolving account to
provide loans grants and cost share opportunities to land
owners and users of agricultural and range lands, can
provide benefit to citizens. The amendments provide for the
accelerated development of water quality programs, multiple
use rangeland and other land conservation improvements and
to provide that these improvements, projects, and programs
be planned an implemented through Soil Conservation
Districts and the Soil Conservation Commission.
The legislation further amends Title39-3624 through 39-3627
to remove the Soil Conservation Districts and Soil
Conservation Commission from any formal programmatic
relationship with the Idaho Department of Health and
Welfare/Division of Environmental
Administration of landowner/operator contracts from the
expired State Agricultural Water Quality Program will be
moved from Idaho Department of Health and Welfare/Division
of Environmental Quality to the Soil Conservation
Commission.
Fiscal impact - No fiscal impact.
Contact: Representative Bell 334-4736
Senator Branch 332-1328
S1135