S1535aaH.............................................by JUDICIARY AND RULES WATER POLLUTION CONTROL - Amends existing law to provide that the state of Idaho is authorized to make loans at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act; to provide that the Board of Health and Welfare may enter into loan contracts with applicants for the implementation of nonpoint source pollution control programs; and to provide that to be eligible for a loan the project proposed by an applicant must be consistent with the state nonpoint source management plan. 02/29 Senate intro - 1st rdg - to printing 03/01 Rpt prt - to Health/Wel 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 29-3-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--Crow, Keough, Stegner Absent and excused--Frasure, Geddes, McLaughlin Floor Sponsor - Whitworth Title apvd - to House 03/15 House intro - 1st rdg - to Env Aff 03/17 Rpt out - to Gen Ord 03/21 Rpt out amen - to 1st rdg as amen 03/22 1st rdg - to 2nd rdg as amen 03/23 2nd rdg - to 3rd rdg as amen 03/30 3rd rdg as amen - PASSED - 53-2-15 AYES -- Barraclough, Bell, Bieter, Black, Boe, Campbell, Chase, Cheirrett, Clark, Deal, Denney, Ellsworth, Field(13), Field(20), Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kempton, Kendell, Kunz, Loertscher, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- Alltus, McKague Absent and excused -- Barrett, Bruneel, Callister, Crow, Cuddy, Gagner, Geddes, Gould, Kellogg, Lake, Linford, Mader, Moyle, Ridinger, Taylor Floor Sponsors - Gagner, Jaquet Title apvd - to Senate 03/31 Senate concurred in House amens - to engros 04/03 Rpt engros - 1st rdg - to 2nd rdg as amen 04/04 2nd rdg - to 3rd rdg as amen 04/05 3rd rdg as amen - PASSED - 34-1-0 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--Stegner Absent and excused--None Floor Sponsor - Whitworth Title apvd - to enrol Rpt enrol - Pres signed - Sp signed 04/06 To Governor 04/14 Governor signed Session Law Chapter 363 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1535, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO WATER POLLUTION CONTROL; AMENDING SECTION 39-3626, IDAHO CODE, TO 3 PROVIDE THAT THE STATE OF IDAHO IS AUTHORIZED TO MAKE LOANS AT OR BELOW 4 MARKET INTEREST RATES FOR THE IMPLEMENTATION OF A MANAGEMENT PROGRAM 5 ESTABLISHED UNDER SECTION 319 OF THE FEDERAL WATER POLLUTION CONTROL ACT, 6 AS AMENDED; AND AMENDING SECTION 39-3627, IDAHO CODE, TO PROVIDE THAT THE 7 BOARD OF HEALTH AND WELFARE, MAY, IN THE NAME OF THE STATE OF IDAHO, ENTER 8 INTO LOAN CONTRACTS WITH APPLICANTS FOR THE IMPLEMENTATION OF NONPOINT 9 SOURCE POLLUTION CONTROL PROGRAMS AND TO PROVIDE THAT TO BE ELIGIBLE FOR A 10 LOAN THE PROJECT PROPOSED BY AN APPLICANT MUST BE CONSISTENT WITH THE 11 STATE NONPOINT SOURCE MANAGEMENT PLAN AND TO MAKE A TECHNICAL CORRECTION. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 39-3626, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-3626. AUTHORIZATION OF GRANTS AND LOANS -- DESIGNATION OF ADMINISTER- 16 ING AGENCY -- RESERVATION OF FUNDS FOR OPERATIONS -- CRITERIA -- PRIORITY 17 PROJECTS -- ELIGIBLE PROJECTS. A. The state of Idaho is hereby authorized to 18 make grants and loans at or below market interest rates, as funds are avail- 19 able, to any municipality to assist said municipality in the construction of 20 sewage treatment works. or application of best management practices and to21 provide for training of treatment plant operating personnelThe state of Idaho 22 is hereby also authorized to make loans at or below market interest rates for 23 the implementation of a management program established under section 319 of 24 the federal water pollution control act, as amended. 25 B. The Idaho board of health and welfare through the department of health 26 and welfare shall be the agency for administration of funds authorized for 27 grants or loans under this act, and may reserve up to four percent (4%) of the 28 moneys accruing annually to the water pollution control and wastewater facil- 29 ity loan accounts to be appropriated annually for the purpose of operating the 30 water quality programs established pursuant to this chapter. The board may 31 also reserve up to six percent (6%) of the moneys accruing annually to the 32 water pollution control account to be appropriated annually for the purpose of 33 conducting water quality studies including monitoring. 34 C. In allocating state construction grants and loans under this act, the 35 Idaho board of health and welfare shall give consideration to water pollution 36 control needs and protection of public health. 37 D. Pursuant to subsection C. of this section the Idaho board of health 38 and welfare shall establish an integrated list of priority municipal sewage 39 facility and nonpoint source pollution control projects. 40 SECTION 2. That Section 39-3627, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 39-3627. PAYMENTS BY STATE BOARD OF HEALTH AND WELFARE -- CONTRACTS WITH 2 MUNICIPALITIES -- RULES -- APPROVAL OF ATTORNEY GENERAL -- AUDIT OF PAYMENTS. 3 A. The Idaho board of health and welfare may make payments not to exceed 4 ninety percent (90%) of the estimated reasonable cost of an eligible construc- 5 tion project funded by a grant. Payments may be made which are equal to one 6 hundred percent (100%) of the estimated reasonable cost of an eligible con- 7 struction project funded by a loan. 8 B. The Idaho board of health and welfare may, in the name of the state of 9 Idaho, enter into contracts with municipalities and any such municipality may 10 enter into a contract with the Idaho board of health and welfare, concerning 11 eligible construction projects. Any such contract may include such provisions 12 as may be agreed upon by the parties thereto, and shall include, in substance, 13 the following provisions: 14 1. An estimate of the reasonable cost of the project as determined by the 15 Idaho board of health and welfare. 16 2. An agreement by the municipality, binding for the actual service life 17 of the sewage treatment works: 18 a. To proceed expeditiously with, and complete, the project in 19 accordance with plans approved pursuant to section 39-118, Idaho 20 Code. 21 b. To commence operation of the sewage treatment works on completion 22 of the project, and not to discontinue operation or dispose of the 23 sewage treatment works without the approval of the board of health 24 and welfare. 25 c. To operate and maintain the sewage treatment works in accordance 26 with applicable provisions and rules of the board. 27 d. To make available on an equitable basis the services of the sew- 28 age treatment works to the residents and commercial and industrial 29 establishments of areas it was designed to serve. 30 e. To provide for the payment of the municipality's share of the 31 cost of the project when the project is built using grant funds. 32 f. To develop and to secure the approval of the department of plans 33 for the operation and maintenance of the sewage treatment works; and 34 of plans and programs for the recovery of the capital costs and oper- 35 ating expenses of the works or system. 36 g. To allow the board to make loans of up to one hundred percent 37 (100%) and supplemental grants based upon financial capability to a 38 municipality for the estimated reasonable cost of an eligible proj- 39 ect, which may include treatment of nondomestic wastewater. 40 h. To provide for the accumulation of funds through the use of tax- 41 ing powers, through charges made for services, through revenue bonds, 42 or otherwise, for the purposes of: (1) capital replacement, (2) 43 future improvement, betterment, and extension of such works occa- 44 sioned by increased wastewater loadings on the works, and (3) estab- 45 lishing a fund dedicated solely to repayment of principal and inter- 46 est of loans made subsequent to this chapter. 47 i. To commence annual principal and interest payments not later than 48 one (1) year from the date construction is completed and to provide 49 for full amortization of loans not later than twenty (20) years from 50 the date project construction is completed. 51 3. The terms under which the Idaho board of health and welfare may uni- 52 laterally terminate the contract and/or seek repayment from the municipal- 53 ity of sums already paid pursuant to the contract for noncompliance by the 54 municipality with the terms and conditions of the contract and the provi- 55 sions of this chapter. 3 1 C. The board of health and welfare may, in the name of the state of 2 Idaho, enter into loan contracts with applicants for the implementation of 3 nonpoint source pollution control programs. To be eligible for a loan the 4 project proposed by an applicant must be consistent with the state nonpoint 5 source management plan. Up to five percent (5%) of the total state revolving 6 loan fund may be used for nonpoint source pollution control projects which 7 demonstrate a benefit/nexus to a municipality. 8 D. The board may adopt rules necessary for the making and enforcing of 9 contracts hereunder and establishing procedures to be followed in applying for 10 state construction grants or loans or training grants herein authorized as 11 shall be necessary for the effective administration of the grants and loans 12 program. 13 DE. All contracts entered into pursuant to this section shall be subject 14 to approval by the attorney general as to form. All payments by the state pur- 15 suant to such contracts shall be made after audit and upon warrant as provided 16 by law on vouchers approved by the director.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Gagner Seconded by Jaquet IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1535 1 AMENDMENT TO SECTION 2 2 On page 3 of the printed bill, in line 5, following "plan." insert: "Up to 3 five percent (5%) of the total state revolving loan fund may be used for 4 nonpoint source pollution control projects which demonstrate a benefit/nexus 5 to a municipality.".
.STATEMENT OF PURPOSE RS 10202A1 To create a non-point source account within the State Revolving Loan Fund account. FISCAL IMPACT None Contact: Rep.Gagner 334-1000 Rep.Jaquet 334-1000 STATEMENT OF PURPOSE/FISCAL IMPACT Bill SB 1535