Text: SF02144 Text: SF02146 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2145 1 2 1 3 AN ACT 1 4 RELATING TO TERMINOLOGY AND ELIGIBILITY FOR ASSISTANCE 1 5 UNDER THE SEWAGE TREATMENT AND DRINKING WATER FACILITIES 1 6 FINANCING PROGRAM. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 455B.291, Code 2001, is amended to read 1 11 as follows: 1 12 455B.291 DEFINITIONS. 1 13 As used in this part, unless the context requires 1 14 otherwise: 1 15 1. "Administration funds" means thesewage treatmentwater 1 16 pollution control works administration fund and the drinking 1 17 water facilities administration fund. 1 18 2. "Authority" means the Iowa finance authority 1 19 established in section 16.2. 1 20 3. "Clean Water Act" means the federal Water Pollution 1 21 Control Act of 1972, Pub. L. No. 92-500, as amended by the 1 22 Water Quality Act of 1987, Pub. L. No. 100-4, as published in 1 23 33 U.S.C. } 1251–1376. 1 24 4. "Cost" means all costs, charges, expenses, or other 1 25 indebtedness incurred by amunicipality or water systemloan 1 26 recipient and determined by the director as reasonable and 1 27 necessary for carrying out all works and undertakings 1 28 necessary or incidental to the accomplishment of any project. 1 29 5. "Drinking water facilities administration fund" means 1 30 the drinking water facilities administration fund established 1 31 in section 455B.295. 1 32 6. "Drinking watertreatmentfacilities revolving loan 1 33 fund" means the drinking watertreatmentfacilities revolving 1 34 loan fund established in section 455B.295. 1 35 7. "Eligible entity" means a person eligible under the 2 1 provisions of the Clean Water Act, the Safe Drinking Water 2 2 Act, and the commission rules to receive loans for projects 2 3 from either of the revolving loan funds. 2 4 8. "Loan recipient" means an eligible entity that has 2 5 received a loan from either of the revolving loan funds. 2 67.9. "Municipality" means a city, county, sanitary 2 7 district, state agency, or other governmental body or 2 8 corporation empowered to provide sewage collection and 2 9 treatment services, or any combination of two or more of the 2 10 governmental bodies or corporations acting jointly, in 2 11 connection with a project. 2 128.10. "Program" means the Iowasewage treatmentwater 2 13 pollution control and drinking water facilities financing 2 14 program created pursuant to section 455B.294. 2 159.11. "Project" means one of the following: 2 16 a. In the context ofsewage treatmentwater pollution 2 17 control facilities, the acquisition, construction, 2 18 reconstruction, extension, equipping, improvement, or 2 19 rehabilitation of any works and facilities useful for the 2 20 collection, treatment, and disposal of sewage and industrial 2 21 waste in a sanitary manner including treatment works as 2 22 defined in section 212 of the Clean Water Act, or the 2 23 implementation and development of management programs 2 24 established under sections 319 and 320 of the Clean Water Act, 2 25 including construction and undertaking of nonpoint source 2 26 water pollution control projects and related development 2 27 activities authorized under those sections. 2 28 b. In the context of drinking water facilities, the 2 29 acquisition, construction, reconstruction, extending, 2 30 remodeling, improving, repairing, or equipping of waterworks, 2 31 water mains, extensions, or treatment facilities useful for 2 32 providing potable water to residents served by a water system, 2 33 including the acquisition of real property needed for any of 2 34 the foregoing purposes, and such other purposes and programs 2 35 as may be authorized under the Safe Drinking Water Act. 3 110.12. "Revolving loan funds" means thesewage treatment3 2 water pollution control works revolving loan fund and the 3 3 drinking watertreatmentfacilities revolving loan fund. 3 411.13. "Safe Drinking Water Act" means Title XIV of the 3 5 federal Public Health Service Act, commonly known as the "Safe 3 6 Drinking Water Act", 42 U.S.C. } 300f et seq., as amended by 3 7 the Safe Drinking Water Amendments of 1996, Pub. L. No. 104- 3 8 182. 3 912.14. "Sewage treatmentWater pollution control works 3 10 administration fund" means thesewage treatmentwater 3 11 pollution control works administration fund established in 3 12 section 455B.295. 3 1313.15. "Sewage treatmentWater pollution control works 3 14 revolving loan fund" means thesewage treatmentwater 3 15 pollution control works revolving loan fund established in 3 16 section 455B.295. 3 1714.16. "Water system" means any community water system or 3 18 nonprofit noncommunity water system, each as defined in the 3 19 Safe Drinking Water Act, that is eligible under the rules of 3 20 the department to receive a loan under the program for the 3 21 purposes of undertaking a project. 3 22 Sec. 2. Section 455B.292, Code 2001, is amended to read as 3 23 follows: 3 24 455B.292 FINDINGS. 3 25 The general assembly finds that the proper construction, 3 26 rehabilitation, operation, and maintenance of modern and 3 27 efficient wastewater treatment works, other water pollution 3 28 control works, and drinking water facilities are essential to 3 29 protecting and improving the state's water quality and the 3 30 health of its citizens; that protecting and improving water 3 31 quality is an issue of concern to the citizens of the state; 3 32 that in addition to protecting and improving the state's water 3 33 quality, adequate wastewater treatment and water pollution 3 34 control works and drinking water facilities are essential to 3 35 economic growth and development; that during the last several 4 1 years the amount of federal grant money available to states 4 2 and local governments for assistance in constructing and 4 3 improving wastewater treatment works and safe drinking water 4 4 facilities has sharply diminished and will likely continue to 4 5 diminish; and that it is proper for the state to encourage 4 6 local governments, individuals, and other entities to 4 7 undertakewastewater treatmentwater pollution control and 4 8 drinking water projects through the establishment of a state 4 9 mechanism to provide loans at the lowest reasonable rates. 4 10 Sec. 3. Section 455B.293, Code 2001, is amended to read as 4 11 follows: 4 12 455B.293 POLICY. 4 13 It is the policy ofthe general assemblythis state that it 4 14 is in the public interest to establish asewage treatment4 15 water pollution control works and drinking water facilities 4 16 financing program and revolving loan funds and administration 4 17 funds to make loans available from the state tomunicipalities4 18and water systemseligible entities for the purpose of 4 19 undertaking projects. This section shall be broadly construed 4 20 to effect and accomplish that purpose. 4 21 Sec. 4. Section 455B.294, Code 2001, is amended to read as 4 22 follows: 4 23 455B.294 ESTABLISHMENT OF THE IOWASEWAGE TREATMENTWATER 4 24 POLLUTION CONTROL WORKS AND DRINKING WATER FACILITIES 4 25 FINANCING PROGRAM. 4 26 The Iowasewage treatmentwater pollution control works and 4 27 drinking water facilities financing program is established for 4 28 the purpose of making loans available tomunicipalities and4 29water systemseligible entities to finance all or part of the 4 30 costs of projects. The program shall be a joint and 4 31 cooperative undertaking of the department and the authority. 4 32 The department and the authority may enter into and provide 4 33 any agreements, documents, instruments, certificates, data, or 4 34 information necessary in connection with the operation, 4 35 administration, and financing of the program consistent with 5 1 this part, the Safe Drinking Water Act, the Clean Water Act, 5 2 the rules of the department and the commission, the rules of 5 3 the authority, and other applicable federal and state law. 5 4 The authority and the department may act to conform the 5 5 program to the applicable guidance and regulations adopted by 5 6 the United States environmental protection agency. 5 7 Sec. 5. Section 455B.295, subsections 1, 2, and 4, Code 5 8 2001, are amended to read as follows: 5 9 1. Four separate funds are established in the state 5 10 treasury, to be known as thesewage treatmentwater pollution 5 11 control works revolving loan fund, thesewage treatmentwater 5 12 pollution control works administration fund, the drinking 5 13 watertreatmentfacilities revolving loan fund, and the 5 14 drinking water facilities administration fund. 5 15 2. Each of the revolving loan funds shall include sums 5 16 appropriated to the revolving loan funds by the general 5 17 assembly, sums transferred by action of the governor under 5 18 section 455B.296, subsection 3, sums allocated to the state 5 19 expressly for the purposes of establishing each of the 5 20 revolving loan funds under the Clean Water Act and the Safe 5 21 Drinking Water Act, all receipts by the revolving loan funds, 5 22 and any other sums designated for deposit to the revolving 5 23 loan funds from any public or private source. All moneys 5 24 appropriated to and deposited in the revolving loan funds are 5 25 appropriated and shall be used for the sole purpose of making 5 26 loans tothe municipalities and water systems, as applicable,5 27 eligible entities to finance all or part of the cost of 5 28 projects. The moneys appropriated to and deposited in the 5 29sewage treatmentwater pollution control works revolving loan 5 30 fund shall not be used to pay the nonfederal share of the cost 5 31 of projects receiving grants under the Clean Water Act. The 5 32 moneys in the revolving loan funds are not considered part of 5 33 the general fund of the state, are not subject to 5 34 appropriation for any other purpose by the general assembly, 5 35 and in determining a general fund balance shall not be 6 1 included in the general fund of the state but shall remain in 6 2 the revolving loan funds to be used for their respective 6 3 purposes. The revolving loan funds are separate dedicated 6 4 funds under the administration and control of the authority 6 5 and subject to section 16.31. Moneys on deposit in the 6 6 revolving loan funds shall be invested by the treasurer of 6 7 state in cooperation with the authority, and the income from 6 8 the investments shall be credited to and deposited in the 6 9 appropriate revolving loan funds. 6 10 4. The department and the authority may establish and 6 11 maintain other funds or accounts determined to be necessary to 6 12 carry out the purposes of this part and shall provide for the 6 13 funding, administration, investment, restrictions, and 6 14 disposition of the funds and accounts. The department and the 6 15 authority may combinethe financialadministration of the 6 16 revolving loan fundsand the administration of the revolving6 17loan funds, and cross collateralize the same, and the 6 18 administration funds to the extent permitted by the Clean 6 19 Water Act, the Safe Drinking Water Act, and other applicable 6 20 federal law. 6 21 Sec. 6. Section 455B.296, subsection 3, Code 2001, is 6 22 amended to read as follows: 6 23 3. Upon receipt of the joint recommendation of the 6 24 department and the authority with respect to the amounts to be 6 25 so reserved and transferred, and subject in all respects to 6 26 the applicable provisions of the Clean Water Act, Safe 6 27 Drinking Water Act, and other applicable federal law, the 6 28 governor may direct that the recommended portion of a 6 29 capitalization grant made in respect of one of the revolving 6 30 loan funds in any year be reserved for the transfer to the 6 31 other revolving loan fund. The authority and the department 6 32 may effect the transfer of any funds reserved for such 6 33 purpose, as directed by the governor, and shall cause the 6 34 records of the program to reflect the transfer. Any sums so 6 35 transferred shall be expended in accordance with the intended 7 1 use plan for the applicable revolving loan fund. 7 2 Sec. 7. Section 455B.297, Code 2001, is amended to read as 7 3 follows: 7 4 455B.297 LOANS TOMUNICIPALITIES AND WATER SYSTEMS7 5 ELIGIBLE ENTITIES. 7 6 Moneys deposited in the revolving loan funds shall be used 7 7 for the primary purpose of making loans tomunicipalities and7 8water systemseligible entities to finance the cost of 7 9 projects in accordance with the intended use plans developed 7 10 by the department under section 455B.296. Themunicipalities7 11and water systems to which loans are to be made,loan 7 12 recipients and thepurposes of the loan, thepurpose, amount 7 13of each loan,theinterest rateof the loan, andtherepayment 7 14 terms of theloan,loans shall be determined by the director, 7 15 in accordance with rules adopted by the commission, in 7 16 compliance with and subject to the terms and conditions of the 7 17 Clean Water Act,andthe Safe Drinking Water Act, and other 7 18 applicable federal law, as applicable, and any resolution, 7 19 agreement, indenture, or other document of the authority, and 7 20 rules adopted by the authority, relating to any bonds, notes, 7 21 or other obligations issued for the program which may be 7 22 applicable to the loan. 7 23 Sec. 8. Section 455B.298, subsections 2, 4, 6, and 7, Code 7 24 2001, are amended to read as follows: 7 25 2. Approve loan applications ofmunicipalities and water7 26systemseligible entities which satisfy the rules adopted by 7 27 the commission, and the intended use plans developed by the 7 28 department under section 455B.296. 7 29 4. Prepare and process, in coordination with the 7 30 authority, documents relating to the extending of loansto7 31municipalities and water systems, the sale and issuance of 7 32 bonds, notes, or other obligations of the authority relating 7 33 to the program, and the administration of the program. 7 34 6. Charge eachmunicipality and water system receiving a7 35 loanfrom the appropriate revolving loan fundrecipient a loan 8 1 origination fee and an annual loan servicing fee. The amount 8 2 of the loan origination fees and the loan servicing fees 8 3 established shall be relative to the amount of a loan made 8 4 from the revolving loan fund. The director shall deposit the 8 5 receipts from the loan origination fees and the loan servicing 8 6 fees in the appropriate administration fund. 8 7 7. Consult with and receive the approval of the authority 8 8 concerning the terms and conditions of loan agreementswith8 9municipalities and water systemsas to the financial integrity 8 10 of the loan. 8 11 8 12 8 13 8 14 MARY E. KRAMER 8 15 President of the Senate 8 16 8 17 8 18 8 19 BRENT SIEGRIST 8 20 Speaker of the House 8 21 8 22 I hereby certify that this bill originated in the Senate and 8 23 is known as Senate File 2145, Seventy-ninth General Assembly. 8 24 8 25 8 26 8 27 MICHAEL E. MARSHALL 8 28 Secretary of the Senate 8 29 Approved , 2002 8 30 8 31 8 32 8 33 THOMAS J. VILSACK 8 34 Governor
Text: SF02144 Text: SF02146 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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