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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
S1535
|||| 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 to
21 provide for training of treatment plant operating personnel The 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.
AS1535
|||| 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