Bill Text: HI SB3142 | 2024 | Regular Session | Amended
Bill Title: Relating To Water Infrastructure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-04-18 - Received notice of Senate conferees (Sen. Com. No. 694). [SB3142 Detail]
Download: Hawaii-2024-SB3142-Amended.html
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THE SENATE |
S.B. NO. |
3142 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO WATER INFRASTRUCTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the drinking water treatment revolving loan fund and the water pollution control revolving fund have been administered by the department of health in ways that manage yearly capitalization grants received from the Environmental Protection Agency, but not to the maximum extent allowed under the Safe Drinking Water Act, P.L. 93-523, preventing the construction of health-protective infrastructure projects in Hawaii.
The restoration of Lahaina and other communities impacted by wildfires or other natural disasters would benefit from the ability to utilize the transfer authority between the programs to replace or repair drinking water, wastewater, or stormwater infrastructure.
Accordingly, the purpose of this Act is to authorize the governor to transfer federal capitalization grant funds in accordance with federal law.
SECTION
2. Chapter 340E, Hawaii Revised
Statutes, is amended by adding a new section to part III to be appropriately
designated and to read as follows:
"§340E- Drinking
water treatment revolving loan fund; transfers. The governor, or a state
official acting pursuant to an authorization from the governor, may transfer an
amount up to or equal to thirty-three per cent, calculated on the basis of a
fiscal year's drinking water treatment revolving loan fund capitalization grant
amount, from the drinking water treatment revolving loan fund to the water
pollution control revolving fund established by section 342D-83, or an
equivalent dollar amount from the water pollution control revolving fund to the
drinking water treatment revolving loan fund established by section
340E-35. The following conditions shall
apply:
(1) When the State initially decides to
transfer funds pursuant to this section:
(A) The attorney general, or someone
designated by the attorney general, shall sign or concur in a certification for
the drinking water treatment revolving loan fund and water pollution control
revolving fund that state law permits the State to transfer funds; and
(B) The operating agreements or other
parts of the capitalization grant agreements for the drinking water treatment
revolving loan fund and water pollution control revolving fund shall be amended
to detail the method the State will use to transfer funds;
(2) The governor shall not use the
transfer provision to acquire state match for either fund or use transferred
funds to secure or repay state match bonds;
(3) The governor may reserve fund amounts
for transfer in future years pursuant to requirements under federal law; and
(4) Funds may be transferred on a net
basis between the drinking water treatment revolving loan fund and water
pollution control revolving fund; provided that the thirty-three per cent
transfer allowance associated with drinking water treatment revolving loan fund
capitalization grants received is not exceeded."
SECTION 3. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§342D- Water
pollution control revolving fund; transfers. The governor, or a state
official acting pursuant to an authorization from the governor, may transfer an
amount up to or equal to thirty-three per cent, calculated on the basis of a
fiscal year's drinking water treatment revolving fund capitalization grant
amount, from the water pollution control revolving fund to the drinking water
treatment revolving loan fund established by section 340E-35, or an equivalent
dollar amount from the drinking water treatment revolving loan fund to the
water pollution control revolving fund established by section 342D-83. The following conditions shall apply:
(1) When the State initially decides to
transfer funds pursuant to this section:
(A) The attorney general, or someone
designated by the attorney general, shall sign or concur in a certification for
the drinking water treatment revolving loan fund and water pollution control
revolving fund that state law permits the State to transfer funds; and
(B) The operating agreements or other
parts of the capitalization grant agreements for the drinking water treatment
revolving loan fund and water pollution control revolving fund shall be amended
to detail the method the State will use to transfer funds;
(2) The director shall not use the
transfer provision to acquire state match for either fund or use transferred
funds to secure or repay state match bonds;
(3) The director may reserve fund
amounts for transfer in future years pursuant to requirements under federal
law; and
(4) Funds may be transferred on a net
basis between the water pollution control revolving fund and drinking water
treatment revolving loan fund; provided that the thirty-three per cent transfer
allowance associated with drinking water treatment revolving loan fund
capitalization grants received is not exceeded."
SECTION 4. New statutory material
is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
DOH; Drinking Water Treatment Revolving Loan Fund; Water Pollution Control Revolving Fund; Transfers
Description:
Authorizes the Governor or a state official with authorization from the Governor to transfer federal capitalization grant funds between the Water Pollution Control Revolving Fund and the Drinking Water Treatment Revolving Loan Fund, in accordance with title 40 Code of Federal Regulations section 35.3530(c). Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
