2000 Legislation
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SENATE BILL NO. 1387 – Water systems, certain, assistance

SENATE BILL NO. 1387

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


               
     
                 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