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S1387.................................................by HEALTH AND WELFARE
WATER SYSTEMS - Amends existing law to clarify that the Division of
Environmental Quality of the Department of Health and Welfare may provide
financial and technical assistance to community water systems and nonprofit
noncommunity water systems.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch(Walton), Bunderson, Burtenshaw,
Cameron, Crow, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Hawkins, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Davis, Ingram, Richardson
Floor Sponsors - King-Barrutia
Title apvd - to House
02/24 House intro - 1st rdg - to Health/Wel
02/25 Rpt out - to Env Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Linford, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Clark, Gagner, Geddes, Hansen(23),
Hansen(29), McKague, Mr Speaker
Floor Sponsor - Hammond, Meyer
Title apvd - to Senate
03/15 To enrol
03/16 Rpt enrol - Pres signed
03/17 Sp signed
03/20 To Governor
03/22 Governor signed
Session Law Chapter 53
Effective: 07/01/00
S1387
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1387
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC DRINKING WATER SYSTEMS; AMENDING SECTION 39-3624, IDAHO
3 CODE, TO PROVIDE THAT IT IS THE POLICY OF THE STATE OF IDAHO TO PROVIDE
4 FINANCIAL AND TECHNICAL ASSISTANCE TO COMMUNITY WATER SYSTEMS AND NON-
5 PROFIT NONCOMMUNITY WATER SYSTEMS AND TO MAKE TECHNICAL CORRECTIONS;
6 AMENDING SECTION 39-3625, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE
7 TECHNICAL CORRECTIONS; AMENDING SECTION 39-3626, IDAHO CODE, TO CLARIFY
8 THAT GRANTS OR LOANS TO COMMUNITY PUBLIC WATER SYSTEMS AND NONPROFIT
9 NONCOMMUNITY PUBLIC WATER SYSTEMS MAY BE MADE; AMENDING SECTION 39-3627,
10 IDAHO CODE, TO AUTHORIZE AGREEMENTS WITH AND PAYMENTS TO COMMUNITY AND
11 NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS AND TO MAKE TECHNICAL CORREC-
12 TIONS; AND PROVIDING AN EFFECTIVE DATE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 39-3624, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-3624. DECLARATION OF POLICY -- DESIGNATION OF DIRECTOR. The legisla-
17 ture, recognizing that water is one (1) of the state's most valuable natural
18 resources, has adopted water quality and public drinking water standards and
19 authorized the director of the department of health and welfare to implement
20 these standards. In order to provide and maintain maximum water quality in the
21 state for domestic, industrial, agricultural (irrigation and stockwatering),
22 mining, manufacturing, electric power generation, municipal, fish culture,
23 artificial ground water recharge, transportation and recreational purposes and
24 to provide safe drinking water to the public at the earliest possible date,
25 and to conform to the expressed intent of congress to abate pollution of
26 ground waters, streams and lakes and to provide safe drinking water to the
27 public, the legislature declares the purpose of this act is to enhance and
28 preserve the quality and value of the water resources of the state of Idaho
29 and to assist in the prevention, control, abatement and monitoring of water
30 pollution. In consequence of the benefits resulting to the public health, wel-
31 fare and economy it is hereby declared to be the policy of the state of Idaho
32 to protect this natural resource and to provide safe drinking water to the
33 public by assisting in monitoring, preventing and controlling water pollution;
34 to support and aid technical and planning research leading to the prevention
35 and control of water pollution,; and to provide financial and technical assis-
36 tance to municipalities and other agencies in the abatement and prevention of
37 water pollution; and to provide financial and technical assistance to commu-
38 nity water systems and nonprofit noncommunity water systems. The director of
39 the department of health and welfare shall administer this act and nothing
40 herein shall be construed as impairing or in any manner affecting the statu-
41 tory authority or jurisdiction of municipalities in providing domestic water,
42 sewage collection and treatment.
2
1 SECTION 2. That Section 39-3625, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3625. DEFINITIONS. A.(1) "Sewage treatment works" means any facility
4 for the purpose of collecting, treating, neutralizing or stabilizing sewage or
5 industrial wastes of a liquid nature, including treatment by disposal plants,
6 the necessary intercepting, outfall and outlet sewers, pumping stations inte-
7 gral to such plants or sewers, equipment and furnishings thereof and their
8 appurtenances.
9 (2) "Community water system" means a public drinking water system that
10 serves at least fifteen (15) service connections used by year-round residents
11 or serves at least twenty-five (25) year-round residents.
12 (3) "Nonprofit noncommunity water system" means a public drinking water
13 system that is not a community water system and is governed by section 501 of
14 the Internal Revenue Code and includes, but is not limited to: state agencies,
15 municipalities and nonprofit organizations such as churches and schools.
16 B.(4) "Construction" means the erection, building, acquisition, altera-
17 tion, reconstruction, improvement or extension of sewage treatment works or
18 best management practices, preliminary planning to determine the economic and
19 engineering feasibility of sewage treatment works, community public water sys-
20 tems, nonprofit noncommunity public water systems or best management prac-
21 tices, the engineering, architectural, legal, fiscal and economic investiga-
22 tions, reports and studies, surveys, designs, plans, working drawings, speci-
23 fications, procedures, and other action necessary in the construction of sew-
24 age treatment works, community public water systems, nonprofit noncommunity
25 public water systems or best management practices, and the inspection and
26 supervision of the construction of sewage treatment works, community public
27 water systems, nonprofit noncommunity public water systems or best management
28 practices.
29 C.(5) "Eligible construction project" means a project for construction of
30 sewage treatment works, community public water systems, nonprofit noncommunity
31 public water systems or for a project for the application of best management
32 practices as set forth in the approved state water quality plan, in related
33 project areas:
34 1.(a) For which approval of the Idaho board of health and welfare is
35 required under section 39-118, Idaho Code;
36 2.(b) Which is, in the judgment of the Idaho board of health and welfare,
37 eligible for water pollution abatement assistance or for provision of safe
38 drinking water, whether or not federal funds are then available therefor;
39 3.(c) Which conforms with applicable rules of the Idaho board of health
40 and welfare;
41 4.(d) Which is, in the judgment of the Idaho board of health and welfare,
42 necessary for the accomplishment of the state's policy of water purity as
43 stated in section 39-3601, Idaho Code; and
44 5.(e) Which is needed, in the judgment of the Idaho board of health and
45 welfare, to correct existing water pollution problems or public health
46 hazards and to provide reasonable reserve capacity to prevent future water
47 pollution problems or public health hazards or to provide for safe drink-
48 ing water.
49 D.(6) "Municipality" means any county, city, special service district,
50 nonprofit corporation or other governmental entity having authority to dispose
51 of sewage, industrial wastes, or other wastes, or to provide for safe drinking
52 water, any Indian tribe or authorized Indian tribal organization, or any com-
53 bination of two (2) or more of the foregoing acting jointly, in connection
54 with an eligible project.
3
1 E.(7) "Board" means the Idaho board of health and welfare.
2 F.(8) "Department" means the Idaho department of health and welfare.
3 G.(9) "Director" means the director of the Idaho department of health and
4 welfare.
5 H.(10) "Nondomestic wastewater" means wastewater whose source of contami-
6 nation is not principally human excreta.
7 I.(11) "Best management practice" means practices, techniques or measures
8 identified in the state water quality plan which are determined to be the most
9 effective, practicable means of preventing or reducing pollutants generated
10 from nonpoint sources to a level compatible with water quality goals.
11 J.(12) "Nonpoint source pollution" means water pollution that comes from
12 many varied, nonspecific and diffused sources and can be categorized by the
13 general land disturbing activity that causes the pollution.
14 K.(13) "Training program" means any course of training established to pro-
15 vide sewage treatment plant operating personnel and public drinking water sys-
16 tem personnel with increased knowledge to improve their ability to operate and
17 maintain sewage treatment works and public drinking water systems.
18 SECTION 3. That Section 39-3626, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-3626. AUTHORIZATION OF GRANTS AND LOANS -- DESIGNATION OF ADMINISTER-
21 ING AGENCY -- RESERVATION OF FUNDS FOR OPERATIONS -- CRITERIA -- PRIORITY
22 PROJECTS -- ELIGIBLE PROJECTS. A.(1) The state of Idaho is hereby authorized
23 to make grants and loans at or below market interest rates, as funds are
24 available, to any municipality to assist said municipality in the construction
25 of sewage treatment works, to community public water systems and nonprofit
26 noncommunity public water systems or application of best management practices
27 and to provide for training of treatment plant operating personnel.
28 B.(2) The Idaho board of health and welfare through the department of
29 health and welfare shall be the agency for administration of funds authorized
30 for grants or loans under this act, and may reserve up to four percent (4%) of
31 the moneys accruing annually to the water pollution control and wastewater
32 facility loan accounts to be appropriated annually for the purpose of operat-
33 ing the water quality programs established pursuant to this chapter. The board
34 may also reserve up to six percent (6%) of the moneys accruing annually to the
35 water pollution control account to be appropriated annually for the purpose of
36 conducting water quality studies including monitoring.
37 C.(3) In allocating state construction grants and loans under this act,
38 the Idaho board of health and welfare shall give consideration to water pollu-
39 tion control needs, and protection of public health and provision of safe
40 drinking water.
41 D.(4) Pursuant to subsection C.(3) of this section, the Idaho board of
42 health and welfare shall establish a list of priority municipal sewage facil-
43 ity projects and a list of priority community and nonprofit noncommunity pub-
44 lic water systems.
45 SECTION 4. That Section 39-3627, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 39-3627. PAYMENTS BY STATE BOARD OF HEALTH AND WELFARE -- CONTRACTS WITH
48 MUNICIPALITIES AND COMMUNITY AND NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS
49 -- RULES -- APPROVAL OF ATTORNEY GENERAL -- AUDIT OF PAYMENTS. A.(1) The Idaho
50 board of health and welfare may make payments not to exceed ninety percent
51 (90%) of the estimated reasonable cost of an eligible construction project
4
1 funded by a grant. Payments may be made which are equal to one hundred percent
2 (100%) of the estimated reasonable cost of an eligible construction project
3 funded by a loan.
4 B.(2) The Idaho board of health and welfare may, in the name of the state
5 of Idaho, enter into contracts with municipalities and community and nonprofit
6 noncommunity public water systems and any such municipality and community and
7 nonprofit noncommunity public water system may enter into a contract with the
8 Idaho board of health and welfare, concerning eligible construction projects.
9 Any such contract may include such provisions as may be agreed upon by the
10 parties thereto, and shall include, in substance, the following provisions:
11 1.(a) An estimate of the reasonable cost of the project as determined by
12 the Idaho board of health and welfare.
13 2.(b) An agreement by the municipality or community and nonprofit
14 noncommunity public drinking water system, binding for the actual service
15 life of the sewage treatment works or the actual service life of the com-
16 munity and nonprofit noncommunity public drinking water system:
17 a.(i) To proceed expeditiously with, and complete, the project in
18 accordance with plans approved pursuant to section 39-118, Idaho
19 Code.
20 b.(ii) To commence operation of the sewage treatment works or com-
21 munity and nonprofit noncommunity public drinking water system on
22 completion of the project, and not to discontinue operation or dis-
23 pose of the sewage treatment works or community and nonprofit
24 noncommunity public drinking water system without the approval of the
25 board of health and welfare.
26 c.(iii) To operate and maintain the sewage treatment works or commu-
27 nity and nonprofit noncommunity public drinking water system in
28 accordance with applicable provisions and rules of the board.
29 d.(iv) To make available on an equitable basis the services of the
30 sewage treatment works or community and nonprofit noncommunity public
31 drinking water system to the residents and commercial and industrial
32 establishments of areas it was designed to serve.
33 e.(v) To provide for the payment of the municipality's share or
34 the community and nonprofit noncommunity public drinking water
35 system's share of the cost of the project when the project is built
36 using grant funds.
37 f.(vi) To develop and to secure the approval of the department of
38 plans for the operation and maintenance of the sewage treatment works
39 or community and nonprofit noncommunity public drinking water system;
40 and of plans and programs for the recovery of the capital costs and
41 operating expenses of the works or system.
42 g.(vii) To allow the board to make loans of up to one hundred per-
43 cent (100%) and supplemental grants based upon financial capability
44 to a municipality for the estimated reasonable cost of an eligible
45 project, which may include treatment of nondomestic wastewater.
46 h.(viii) To provide for the accumulation of funds through the use of
47 taxing powers, through charges made for services, through revenue
48 bonds, or otherwise, for the purposes of: (1) capital replacement,
49 (2) future improvement, betterment, and extension of such works occa-
50 sioned by increased wastewater loadings on the works, and (3) estab-
51 lishing a fund dedicated solely to repayment of principal and inter-
52 est of loans made subsequent to this chapter.
53 i.(ix) To commence annual principal and interest payments not later
54 than one (1) year from the date construction is completed and to pro-
55 vide for full amortization of loans not later than twenty (20) years
5
1 from the date project construction is completed.
2 3.(c) The terms under which the Idaho board of health and welfare may
3 unilaterally terminate the contract and/or seek repayment from the munici-
4 pality or community and nonprofit noncommunity public drinking water sys-
5 tem of sums already paid pursuant to the contract for noncompliance by the
6 municipality with the terms and conditions of the contract and the provi-
7 sions of this chapter.
8 C.(3) 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 D.(4) All contracts entered into pursuant to this section shall be sub-
14 ject to approval by the attorney general as to form. All payments by the state
15 pursuant to such contracts shall be made after audit and upon warrant as pro-
16 vided by law on vouchers approved by the director.
17 SECTION 5. This act shall be in full force and effect on and after July
18 1, 2000.
STATEMENT OF PURPOSE
RS9766
The purpose of this legislation is to give the Division of Environmental Quality
(DEQ) the authority to provide grants to Public Drinking Water Systems in Idaho.
These grants are needed especially by small systems to hire an engineer to prepare
a report to determine what improvements are needed for their systems and an
estimate of how much those improvements will cost. Once the engineer's report
has been prepared a system can then submit an application to DEQ for a loan for
design and construction from the State Revolving Loan Fund.
FISCAL NOTE
There is no new fiscal impact. Funding for approved grants will be made from
dollars already available to DEQ.
Contact: David Mabe
DEQ- Water Program Administrator
373-0194
Bill Jerrel
DEQ- Loan Program Manager
373-0400
STATEMENT OF PURPOSE/ FISCAL NOTE S 1387