CHAPTER 151
HB 1399 – FINAL VERSION
19May2010… 2095eba
2010 SESSION
06/04
HOUSE BILL 1399
AN ACT relative to state water pollution control and drinking water revolving loan funds, and state contributions to sewage disposal facilities.
COMMITTEE: Resources, Recreation and Development
This bill:
I. Permits the state to participate in federally funded grants provided under the Clean Water Act.
II. Limits state contributions for certain sewage disposal facility construction costs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19May2010… 2095eba
10-2181
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to state water pollution control and drinking water revolving loan funds, and state contributions to sewage disposal facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
151:1 Aid to Municipalities for Water Pollution Control; State Contributions. Amend RSA 486:1, I to read as follows:
I.(a) The state of New Hampshire shall, in addition to any federal grant made available under the provisions of the Clean Water Act of 1977 (or subsequent amendments thereof), pay annually 20 percent of the annual amortization charges, meaning principal and interest, on the original costs resulting from the acquisition and construction of sewage disposal facilities by municipalities (meaning counties, cities, towns, or village districts), in accordance with RSA 485:8, RSA 485-A:4, IX, and RSA 485-A:4, XII, for the control of water pollution. The word “construction” shall include engineering services, in addition to the construction of new sewage treatment plants, pumping stations, intercepting sewers, and sewer separation by storm drains when the latter can be demonstrated as a cost-effective method for eliminating a combined sewer overflow structure; the altering, improving or adding to existing treatment plants, pumping stations, intercepting sewers, and sewer separation by storm drains when the latter can be demonstrated as a cost-effective method for eliminating a combined sewer overflow structure; provided the construction has been directed by the department, or constitutes a voluntary undertaking designed to control or reduce pollution in the surface waters of the state as defined in RSA 485-A:2, and the plan therefor is approved in compliance with the provisions of RSA 485:8, RSA 485-A:4, IX, and RSA 485-A:4, XII. The term “eligible costs” as used in this section shall mean the entire cost of the construction of treatment plants, pumping stations, intercepting sewers and sewer separation by storm drains as defined in the Clean Water Act of 1977.
(b) Notwithstanding the provisions of subparagraph I(a), state contributions shall not apply toward original costs for the construction of any sewage disposal facility that has received a subsidy in the form of principal forgiveness provided through the American Recovery and Reinvestment Act of 2009.
151:2 State Water Pollution Control and Drinking Water Revolving Loan Funds. Amend RSA 486:14 to read as follows:
486:14 State Water Pollution Control and Drinking Water Revolving Loan Funds.
I.(a) Authority is granted for the state of New Hampshire to participate in the federally funded state water pollution control and drinking water revolving loan funds or grants as may be provided under the Clean Water Act, the Safe Drinking Water Act, or related federal legislation as amended from time to time. The loan funds shall be administered by the commissioner of the department of environmental services under rules adopted by the commissioner under the provisions of RSA 541-A.
(b) A sum equal to one percent of all loan principal balances outstanding each year, which shall be an administrative charge, shall be set aside to be used by the department of environmental services to pay the costs of administering the state water pollution control and drinking water revolving loan funds. The funds set aside shall be deposited in nonlapsing water pollution control and drinking water loan administration funds and shall be continually appropriated to the department exclusively for the purposes of this section.
(c) The department of environmental services is authorized to review projects funded from the state water pollution and drinking water revolving loan funds for impacts on the human and natural environment similar in intent to the steps described in 40 C.F.R. part 6, sections 506 and 508 through 511, pursuant to rules adopted by the commissioner of the department of environmental services under RSA 541-A.
(d) [Repealed.]
II. It is the intent of the general court that many projects be considered for inclusion in the state water pollution control revolving loan fund program. The following projects shall be given first consideration for inclusion:
(a) Manchester sewage treatment plant expansion.
(b) Exeter sewage treatment plant.
(c) Monroe sewage treatment plant.
III. Any borrowing by a municipality from the loan fund or grant funded monies shall be governed by the applicable provisions of RSA 33, provided that the first principal payment on any loan and the first of the annual payments required under RSA 33:2 may be deferred up to one year after the estimated or actual completion date of the project being financed by the loan, and provided further that no authenticating certificate shall be required under RSA 33:11.
151:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2010
Effective Date: August 13, 2010