Text: SF02212 Text: SF02214 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.291, Code 2001, is amended to read 1 2 as follows: 1 3 455B.291 DEFINITIONS. 1 4 As used in this part, unless the context requires 1 5 otherwise: 1 6 1. "Administration funds" means thesewage treatmentwater 1 7 pollution control works administration fund and the drinking 1 8 water facilities administration fund. 1 9 2. "Authority" means the Iowa finance authority 1 10 established in section 16.2. 1 11 3. "Clean Water Act" means the federal Water Pollution 1 12 Control Act of 1972, Pub. L. No. 92-500, as amended by the 1 13 Water Quality Act of 1987, Pub. L. No. 100-4, as published in 1 14 33 U.S.C. } 1251–1376. 1 15 4. "Cost" means all costs, charges, expenses, or other 1 16 indebtedness incurred by amunicipality or water systemloan 1 17 recipient and determined by the director as reasonable and 1 18 necessary for carrying out all works and undertakings 1 19 necessary or incidental to the accomplishment of any project. 1 20 5. "Drinking water facilities administration fund" means 1 21 the drinking water facilities administration fund established 1 22 in section 455B.295. 1 23 6. "Drinking watertreatmentfacilities revolving loan 1 24 fund" means the drinking watertreatmentfacilities revolving 1 25 loan fund established in section 455B.295. 1 26 7. "Eligible entity" means a person eligible under the 1 27 provisions of the Clean Water Act, the Safe Drinking Water 1 28 Act, and the commission rules to receive loans for projects 1 29 from either of the revolving loan funds. 1 30 8. "Loan recipient" means an eligible entity that has 1 31 received a loan from either of the revolving loan funds. 1 327.9. "Municipality" means a city, county, sanitary 1 33 district, state agency, or other governmental body or 1 34 corporation empowered to provide sewage collection and 1 35 treatment services, or any combination of two or more of the 2 1 governmental bodies or corporations acting jointly, in 2 2 connection with a project. 2 38.10. "Program" means the Iowasewage treatmentwater 2 4 pollution control and drinking water facilities financing 2 5 program created pursuant to section 455B.294. 2 69.11. "Project" means one of the following: 2 7 a. In the context ofsewage treatmentwater pollution 2 8 control facilities, the acquisition, construction, 2 9 reconstruction, extension, equipping, improvement, or 2 10 rehabilitation of any works and facilities useful for the 2 11 collection, treatment, and disposal of sewage and industrial 2 12 waste in a sanitary manner including treatment works as 2 13 defined in section 212 of the Clean Water Act, or the 2 14 implementation and development of management programs 2 15 established under sections 319 and 320 of the Clean Water Act, 2 16 including construction and undertaking of nonpoint source 2 17 water pollution control projects and related development 2 18 activities authorized under those sections. 2 19 b. In the context of drinking water facilities, the 2 20 acquisition, construction, reconstruction, extending, 2 21 remodeling, improving, repairing, or equipping of waterworks, 2 22 water mains, extensions, or treatment facilities useful for 2 23 providing potable water to residents served by a water system, 2 24 including the acquisition of real property needed for any of 2 25 the foregoing purposes, and such other purposes and programs 2 26 as may be authorized under the Safe Drinking Water Act. 2 2710.12. "Revolving loan funds" means thesewage treatment2 28 water pollution control works revolving loan fund and the 2 29 drinking watertreatmentfacilities revolving loan fund. 2 3011.13. "Safe Drinking Water Act" means Title XIV of the 2 31 federal Public Health Service Act, commonly known as the "Safe 2 32 Drinking Water Act", 42 U.S.C. } 300f et seq., as amended by 2 33 the Safe Drinking Water Amendments of 1996, Pub. L. No. 104- 2 34 182. 2 3512.14. "Sewage treatmentWater pollution control works 3 1 administration fund" means thesewage treatmentwater 3 2 pollution control works administration fund established in 3 3 section 455B.295. 3 413.15. "Sewage treatmentWater pollution control works 3 5 revolving loan fund" means thesewage treatmentwater 3 6 pollution control works revolving loan fund established in 3 7 section 455B.295. 3 814.16. "Water system" means any community water system or 3 9 nonprofit noncommunity water system, each as defined in the 3 10 Safe Drinking Water Act, that is eligible under the rules of 3 11 the department to receive a loan under the program for the 3 12 purposes of undertaking a project. 3 13 Sec. 2. Section 455B.292, Code 2001, is amended to read as 3 14 follows: 3 15 455B.292 FINDINGS. 3 16 The general assembly finds that the proper construction, 3 17 rehabilitation, operation, and maintenance of modern and 3 18 efficient wastewater treatment works, other water pollution 3 19 control works, and drinking water facilities are essential to 3 20 protecting and improving the state's water quality and the 3 21 health of its citizens; that protecting and improving water 3 22 quality is an issue of concern to the citizens of the state; 3 23 that in addition to protecting and improving the state's water 3 24 quality, adequate wastewater treatment and water pollution 3 25 control works and drinking water facilities are essential to 3 26 economic growth and development; that during the last several 3 27 years the amount of federal grant money available to states 3 28 and local governments for assistance in constructing and 3 29 improving wastewater treatment works and safe drinking water 3 30 facilities has sharply diminished and will likely continue to 3 31 diminish; and that it is proper for the state to encourage 3 32 local governments, individuals, and other entities to 3 33 undertakewastewater treatmentwater pollution control and 3 34 drinking water projects through the establishment of a state 3 35 mechanism to provide loans at the lowest reasonable rates. 4 1 Sec. 3. Section 455B.293, Code 2001, is amended to read as 4 2 follows: 4 3 455B.293 POLICY. 4 4 It is the policy ofthe general assemblythis state that it 4 5 is in the public interest to establish asewage treatment4 6 water pollution control works and drinking water facilities 4 7 financing program and revolving loan funds and administration 4 8 funds to make loans available from the state tomunicipalities4 9and water systemseligible entities for the purpose of 4 10 undertaking projects. This section shall be broadly construed 4 11 to effect and accomplish that purpose. 4 12 Sec. 4. Section 455B.294, Code 2001, is amended to read as 4 13 follows: 4 14 455B.294 ESTABLISHMENT OF THE IOWASEWAGE TREATMENTWATER 4 15 POLLUTION CONTROL WORKS AND DRINKING WATER FACILITIES 4 16 FINANCING PROGRAM. 4 17 The Iowasewage treatmentwater pollution control works and 4 18 drinking water facilities financing program is established for 4 19 the purpose of making loans available tomunicipalities and4 20water systemseligible entities to finance all or part of the 4 21 costs of projects. The program shall be a joint and 4 22 cooperative undertaking of the department and the authority. 4 23 The department and the authority may enter into and provide 4 24 any agreements, documents, instruments, certificates, data, or 4 25 information necessary in connection with the operation, 4 26 administration, and financing of the program consistent with 4 27 this part, the Safe Drinking Water Act, the Clean Water Act, 4 28 the rules of the department and the commission, the rules of 4 29 the authority, and other applicable federal and state law. 4 30 The authority and the department may act to conform the 4 31 program to the applicable guidance and regulations adopted by 4 32 the United States environmental protection agency. 4 33 Sec. 5. Section 455B.295, subsections 1, 2, and 4, Code 4 34 2001, are amended to read as follows: 4 35 1. Four separate funds are established in the state 5 1 treasury, to be known as thesewage treatmentwater pollution 5 2 control works revolving loan fund, thesewage treatmentwater 5 3 pollution control works administration fund, the drinking 5 4 watertreatmentfacilities revolving loan fund, and the 5 5 drinking water facilities administration fund. 5 6 2. Each of the revolving loan funds shall include sums 5 7 appropriated to the revolving loan funds by the general 5 8 assembly, sums transferred by action of the governor under 5 9 section 455B.296, subsection 3, sums allocated to the state 5 10 expressly for the purposes of establishing each of the 5 11 revolving loan funds under the Clean Water Act and the Safe 5 12 Drinking Water Act, all receipts by the revolving loan funds, 5 13 and any other sums designated for deposit to the revolving 5 14 loan funds from any public or private source. All moneys 5 15 appropriated to and deposited in the revolving loan funds are 5 16 appropriated and shall be used for the sole purpose of making 5 17 loans tothe municipalities and water systems, as applicable,5 18 eligible entities to finance all or part of the cost of 5 19 projects. The moneys appropriated to and deposited in the 5 20sewage treatmentwater pollution control works revolving loan 5 21 fund shall not be used to pay the nonfederal share of the cost 5 22 of projects receiving grants under the Clean Water Act. The 5 23 moneys in the revolving loan funds are not considered part of 5 24 the general fund of the state, are not subject to 5 25 appropriation for any other purpose by the general assembly, 5 26 and in determining a general fund balance shall not be 5 27 included in the general fund of the state but shall remain in 5 28 the revolving loan funds to be used for their respective 5 29 purposes. The revolving loan funds are separate dedicated 5 30 funds under the administration and control of the authority 5 31 and subject to section 16.31. Moneys on deposit in the 5 32 revolving loan funds shall be invested by the treasurer of 5 33 state in cooperation with the authority, and the income from 5 34 the investments shall be credited to and deposited in the 5 35 appropriate revolving loan funds. 6 1 4. The department and the authority may establish and 6 2 maintain other funds or accounts determined to be necessary to 6 3 carry out the purposes of this part and shall provide for the 6 4 funding, administration, investment, restrictions, and 6 5 disposition of the funds and accounts. The department and the 6 6 authority may combinethe financialadministration of the 6 7 revolving loan fundsand the administration of the revolving6 8loan funds, and cross-collateralize the same, and the 6 9 administration funds to the extent permitted by the Clean 6 10 Water Act, the Safe Drinking Water Act, and other applicable 6 11 federal law. 6 12 Sec. 6. Section 455B.296, subsection 3, Code 2001, is 6 13 amended to read as follows: 6 14 3. Upon receipt of the joint recommendation of the 6 15 department and the authority with respect to the amounts to be 6 16 so reserved and transferred, and subject in all respects to 6 17 the applicable provisions of the Clean Water Act, Safe 6 18 Drinking Water Act, and other applicable federal law, the 6 19 governor may direct that the recommended portion of a 6 20 capitalization grant made in respect of one of the revolving 6 21 loan funds in any year be reserved for the transfer to the 6 22 other revolving loan fund. The authority and the department 6 23 may effect the transfer of any funds reserved for such 6 24 purpose, as directed by the governor, and shall cause the 6 25 records of the program to reflect the transfer. Any sums so 6 26 transferred shall be expended in accordance with the intended 6 27 use plan for the applicable revolving loan fund. 6 28 Sec. 7. Section 455B.297, Code 2001, is amended to read as 6 29 follows: 6 30 455B.297 LOANS TOMUNICIPALITIES AND WATER SYSTEMS6 31 ELIGIBLE ENTITIES. 6 32 Moneys deposited in the revolving loan funds shall be used 6 33 for the primary purpose of making loans tomunicipalities and6 34water systemseligible entities to finance the cost of 6 35 projects in accordance with the intended use plans developed 7 1 by the department under section 455B.296. Themunicipalities7 2and water systems to which loans are to be made,loan 7 3 recipients and thepurposes of the loan, thepurpose, amount 7 4of each loan,theinterest rateof the loan, andtherepayment 7 5 terms of theloan,loans shall be determined by the director, 7 6 in accordance with rules adopted by the commission, in 7 7 compliance with and subject to the terms and conditions of the 7 8 Clean Water Act,andthe Safe Drinking Water Act, and other 7 9 applicable federal law, as applicable, and any resolution, 7 10 agreement, indenture, or other document of the authority, and 7 11 rules adopted by the authority, relating to any bonds, notes, 7 12 or other obligations issued for the program which may be 7 13 applicable to the loan. 7 14 Sec. 8. Section 455B.298, subsections 2, 4, 6, and 7, Code 7 15 2001, are amended to read as follows: 7 16 2. Approve loan applications ofmunicipalities and water7 17systemseligible entities which satisfy the rules adopted by 7 18 the commission, and the intended use plans developed by the 7 19 department under section 455B.296. 7 20 4. Prepare and process, in coordination with the 7 21 authority, documents relating to the extending of loansto7 22municipalities and water systems, the sale and issuance of 7 23 bonds, notes, or other obligations of the authority relating 7 24 to the program, and the administration of the program. 7 25 6. Charge eachmunicipality and water system receiving a7 26 loanfrom the appropriate revolving loan fundrecipient a loan 7 27 origination fee and an annual loan servicing fee. The amount 7 28 of the loan origination fees and the loan servicing fees 7 29 established shall be relative to the amount of a loan made 7 30 from the revolving loan fund. The director shall deposit the 7 31 receipts from the loan origination fees and the loan servicing 7 32 fees in the appropriate administration fund. 7 33 7. Consult with and receive the approval of the authority 7 34 concerning the terms and conditions of loan agreementswith7 35municipalities and water systemsas to the financial integrity 8 1 of the loan. 8 2 EXPLANATION 8 3 This bill relates to terminology and eligibility under the 8 4 sewage treatment and drinking water facilities financing 8 5 program. 8 6 The bill changes the name of the drinking water treatment 8 7 revolving loan fund to the drinking water facilities revolving 8 8 loan fund. The bill changes the name of the sewage treatment 8 9 works administration fund to the water pollution control works 8 10 administration fund. The bill changes the name of the sewage 8 11 treatment works revolving loan fund to the water pollution 8 12 control works revolving loan fund. The bill makes conforming 8 13 amendments related to these terminology changes. 8 14 The bill defines an eligible entity as a person eligible 8 15 under the provisions of the Clean Water Act, the Safe Drinking 8 16 Water Act, and the commission rules to receive loans for 8 17 projects from either of the revolving loan funds. Currently, 8 18 the Code provides that municipalities and water systems are 8 19 eligible for loans. The bill defines a loan recipient as an 8 20 eligible entity that has received a loan from either of the 8 21 revolving loan funds. The bill further defines the term 8 22 "project" by stating that the implementation and development 8 23 of management programs under the Clean Water Act includes 8 24 construction and undertaking of nonpoint source water 8 25 pollution control projects and related development activities 8 26 authorized under the Clean Water Act. 8 27 LSB 5549XS 79 8 28 tm/sh/8
Text: SF02212 Text: SF02214 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 27 03:35:01 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/02200/SF02213/020219.html
jhf