Bill Text: PA HB1941 | 2011-2012 | Regular Session | Introduced

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Bill Title: Authorizing the incurring of indebtedness, with the approval of the electors, of $500,000,000 for the purposes of providing financing in the form of grants and loans for the cost of dam removal, restoration and repair projects with priority given to certain high-hazard unsafe dams or deficient high-hazard dams or impoundments; providing for the powers and duties of the Pennsylvania Infrastructure Investment Authority and the Department of Environmental Protection; and establishing the Dam Project Bond Fund and the Dam Project Bond Sinking Fund.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2011-10-31 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1941 Detail]

Download: Pennsylvania-2011-HB1941-Introduced.html

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PRINTER'S NO. 2663
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1941 Session of2011
INTRODUCED BY SCAVELLO, CALTAGIRONE, CARROLL, COHEN, CONKLIN, DALEY, GEORGE, GIBBONS, JOSEPHS, MILLARD, RAPP, SAYLOR, WAGNER AND YOUNGBLOOD, OCTOBER 31, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 31, 2011
AN ACT
Authorizing the incurring of indebtedness, with the approval of
the electors, of $500,000,000 for the purposes of providing
financing in the form of grants and loans for the cost of dam
removal, restoration and repair projects with priority given
to certain high-hazard unsafe dams or deficient high-hazard
dams or impoundments; providing for the powers and duties of
the Pennsylvania Infrastructure Investment Authority and the
Department of Environmental Protection; and establishing the
Dam Project Bond Fund and the Dam Project Bond Sinking Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Dam Project
Assistance Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) This Commonwealth has approximately 3,200 dams, many
of which were constructed in the early 1900s before current
dam safety standards were developed.
(2) Millions of residents of this Commonwealth depend on
these dams for drinking water, flood control, power
generation, irrigation, stream flow augmentation, recreation,
navigation or wildlife habitat.
(3) State regulators classify nearly one-third of this
Commonwealth's dams as high-hazard dams, which means that due
to their location a failure of any of these dams could result
in the deaths of people living and working downstream.
(4) The Commonwealth’s Dam Safety Program has identified
322 currently deficient high-hazard dams and projects, the
number of which may increase to 481 in the next five years.
(5) The estimated rehabilitation need for the deficient
and projected deficient high-hazard dams is more than
$1,300,000,000.
(6) In addition, numerous dams throughout this
Commonwealth are known or suspected to have spillways
inadequate to safely pass the current spillway design flood
capacity. A major storm producing sufficient flow that
exceeds the spillway capacity could cause a catastrophic dam
failure.
(7) Proper maintenance of these structures mitigates the
potential for failure. This means that adequate resources
must be allocated to periodically reassess outdated designs,
to allow for the systematic monitoring of the condition,
maintenance and operation of all dams and to provide funding
for necessary dam upgrades in a timely manner.
(8) These efforts take resources that are often beyond
the means of many owners.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Authority." The Pennsylvania Infrastructure Investment
Authority.
"Board." The board of directors of the Pennsylvania
Infrastructure Investment Authority.
"Bonds." The bonds authorized to be issued or issued under
this act.
"Cost." The expenses incurred in connection with:
(1) The funding of dam removal, restoration and repair
projects.
(2) The interest or discount on bonds.
(3) The issuance of bonds.
(4) The procurement or provision of engineering,
inspection, relocation, legal, financial, planning,
geological, hydrological and other professional services,
estimates and advice, including the services of a bond
registrar or an authenticating agent.
(5) The issuance of bonds or any interest or discount
thereon.
(6) The administrative, organizational, operating or
other expenses incident to the financing and completion of a
project authorized by this act.
(7) The establishment of a reserve fund or funds for
working capital, operating, maintenance or replacement
expenses and the payment or security of principal or interest
on bonds.
(8) The cost of all labor, materials, machinery and
equipment, lands, property, rights and easements, financing
charges, interest on bonds, notes or other obligations, plans
and specifications, surveys or estimates of costs and
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revenues, engineering and legal services and all other
expenses necessary or incident to all or part of any project
authorized by this act.
(9) The reimbursement to any fund of the Commonwealth of
moneys that may have been transferred or advanced therefrom
to any fund established by this act or of any moneys that may
have been expended therefrom for or in connection with any
project authorized by this act.
(10) The administrative cost to the local government
unit acting as a coapplicant to owners of private dams or to
private lake associations.
"Dam removal, restoration and repair project." The removal,
repair, restoration, construction, reconstruction or demolition
of dams, bulkheads, retention or detention basins or other
structures that impound water for water supply purposes, flood
control, recreation, wildlife habitat or fire protection.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Dam Project Bond Fund established in section 8.
"Government securities." Any bonds or other obligations
that, as to principal and interest, constitute direct
obligations of or are unconditionally guaranteed by the United
States of America, including obligations of any Federal agency,
to the extent those obligations are unconditionally guaranteed
by the United States of America, and any certificates or any
other evidences of an ownership interest in those obligations of
or unconditionally guaranteed by the United States of America or
in specified portions that may consist of the principal of or
the interest on those obligations.
"High-hazard dam." A dam so located as to endanger populated
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areas downstream by its failure.
"High-hazard unsafe dam." A dam that is both a high-hazard
and an unsafe dam.
"Issuing officials." The Governor, the Auditor General and
the State Treasurer of the Commonwealth.
"Local government unit." A county or a municipality, or any
agency, authority, board, commission or other instrumentality
thereof, any two or more counties or municipalities operating
jointly through an intergovernmental cooperation agreement
permitted by law or any agency, authority, board, commission or
other instrumentality thereof, and any other local or regional
entity created by the General Assembly as a political
subdivision of the Commonwealth or any agency, authority, board
or commission or other instrumentality thereof.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Unsafe dam." A dam designated by the Department of
Environmental Protection with deficiencies of such a nature that
if not corrected, the deficiencies could cause a failure of the
dam with subsequent loss of lives or substantial property
damage.
Section 4. Approval of debt incurrence by electors.
The question of incurring indebtedness of $500,000,000 for
the purposes of providing financing in the form of grants and
loans for the cost of dam removal, restoration and repair
projects with priority given to high-hazard unsafe dams
necessary for drinking water systems or other high-hazard unsafe
dams or deficient high-hazard dams or impoundments shall be
submitted to the electors at the next primary, municipal or
general election following the effective date of this section.
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Section 5. Certification.
The Secretary of the Commonwealth shall certify the form of
the question under section 6 to the county board of elections.
Section 6. Form of question.
The question under section 4 shall be substantially in the
following form:
Do you favor the incurring of indebtedness of $500,000,000
for the purposes of providing financing in the form of grants
and loans for the cost of dam removal, restoration and repair
projects with priority given to high-hazard unsafe dams
necessary for drinking water systems or other high-hazard
unsafe dams or deficient high-hazard dams or impoundments?
Section 7. Election.
The election shall be conducted in accordance with the act of
June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code.
Section 8. Dam Project Bond Fund.
(a) Establishment.--The Dam Project Bond Fund is established
in the State Treasury and shall be the source from which all
payments are authorized with the approval of the Governor to
carry out the purposes of this act.
(b) Use of fund.--The moneys in the fund shall only be
utilized:
(1) For the purpose of financing in the form of grants
and loans for the cost of dam removal, restoration and repair
projects with priority given to high-hazard unsafe dams
necessary for drinking water systems or other high-hazard
unsafe dams or high-hazard dams or impoundments deemed
necessary by the department and the authority. Of the total
principal amount authorized under this act:
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(i) The sum of $225,000,000 is allocated to the
authority for grants to finance the cost of removal,
restoration and repair of State-owned dams. Grants to be
provided under this act are not subject to the provisions
of section 10(e) of the act of March 1, 1988 (P.L.82,
No.16), known as the Pennsylvania Infrastructure
Investment Authority Act.
(ii) The sum of $275,000,000 is allocated to the
authority to create a revolving loan fund for the purpose
of providing loans to owners of private dams, as
coapplicants with local government units or to local
government units that own dams, to finance the cost of
dam removal, restoration and repair projects undertaken
by or on behalf of the owners of dams.
(iii) Payments of principal and interest on loans
made from the fund shall be returned to the fund for use
for any authorized purpose to which moneys in the fund
may be used.
(2) For the administrative costs incurred in any of the
purposes in paragraph (1), including the costs incurred in
connection with the issuance of the bonds.
(c) Loan terms.--A loan made to a local government unit that
owns or to an owner of a lake or stream with a local government
unit as coapplicant from the fund shall bear interest of not
more than 2% per year, shall be for a term of 20 years and shall
be made in accordance with criteria for other programs
established by the authority.
(d) Loan agreement.--A loan authorized under this section
shall be provided under the terms and conditions stated in a
written loan agreement between the authority and the person or
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entity that receives the loan.
(e) Coapplicants required.--
(1) Loans awarded under this section to owners of
private dams shall require local government units to act as
coapplicants.
(2) The cost of payment of the principal and interest on
any loan made to the owner of a private dam as a coapplicant
with a local government unit shall be assessed, in the same
manner as provided for the assessment of local improvements
generally under the law, against the real estate benefited
thereby in proportion to and not in excess of the benefits
conferred.
(3) The assessments shall bear interest and penalties
from the same time and at the same rate as assessments for
local improvements in the municipality where they are
imposed, and from the date of confirmation, shall be a first
lien upon the real estate assessed to the same extent and be
enforced and collected in the same manner as assessments for
local improvements.
(f) Interfund transfers authorized.--
(1) Whenever the cash balance and the current estimated
receipts of the fund shall be insufficient at any time during
any State fiscal year to meet promptly the obligations of the
Commonwealth from the fund, the State Treasurer may, from
time to time during the fiscal year, transfer from the
General Fund to the fund such sums as the Governor directs,
but in no case less than the amount necessary to meet
promptly the obligations to be paid from the fund, nor more
than an amount which is the lesser of:
(i) The difference between the amount of debt
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authorized to be issued under this act and the aggregate
principal amount of bonds and notes issued, not including
refunding bonds and replacement notes.
(ii) The difference between the aggregate principal
amount of bonds and notes, not including refunding bonds
and replacement notes, issued during such State fiscal
year.
Any sums so transferred shall be available only for the
purposes for which they are appropriated from the fund. The
transfers shall be made under this section upon warrant of
the State Treasurer upon requisition of the Governor.
(2) In order to reimburse the General Fund for moneys
transferred under paragraph (1), there shall be transferred
to the General Fund from the fund moneys from the proceeds
obtained from bonds and notes issued under this act or from
other available funds in such amounts and at such times as
the Governor shall direct. The retransfers shall be made upon
warrant of the State Treasurer upon requisition of the
Governor.
Section 9. Proceeds.
(a) Use.--
(1) Proceeds of borrowing shall be deposited in the fund
and shall be used for grants and loans by the authority for
the purpose of financing, through full or matching grants or
loans, the costs of dam removal, restoration and repair
projects with priority given to high-hazard unsafe dams
necessary for drinking water systems and other high-hazard
unsafe dams and high-hazard dams and impoundments as deemed
necessary by the department and the authority.
(2) All proceeds shall be prohibited from being
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allocated to foreign materials or labor, and there shall be
language on the back of the obligations clarifying this
prohibition.
(b) Appropriation.--The proceeds of all bonds sold under
this act are appropriated on a continuing basis to the authority
for the purpose of making loans and grants under this act.
(c) Borrowing authorized.--
(1) If and when the electorate approves a referendum
question for the incurring of indebtedness in the amount and
for the purposes prescribed in this act, the issuing
officials, under section 7(a)(3) of Article VIII of the
Constitution of Pennsylvania, are authorized and directed to
borrow, on the credit of the Commonwealth, money not
exceeding in the aggregate $500,000,000, not including money
borrowed to refund outstanding bonds, notes or replacement
notes, as may be found necessary to carry out the purposes of
this act.
(2) As evidence of the indebtedness, general obligation
bonds of the Commonwealth shall be issued from time to time
to provide moneys necessary to carry out the purposes of this
act for such total amounts, in such form, in such
denominations and subject to such terms and conditions of
issue, redemption and maturity, rate of interest and time of
payment of interest as the issuing officials direct, except
that the latest stated maturity date shall not exceed 20
years from the date of the first obligation issued to
evidence the debt, the obligations shall be issued in $100
increments and at a rate of 5%.
(3) All bonds and notes issued under this act shall bear
facsimile signatures of the issuing officials and a facsimile
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of the Great Seal of the Commonwealth and shall be
countersigned by a duly authorized officer of a duly
authorized loan and transfer agent of the Commonwealth.
(4) All bonds and notes issued in accordance with this
act shall be direct obligations of the Commonwealth, and the
full faith and credit of the Commonwealth is pledged for the
payment of the interest thereon, as it becomes due, and the
payment of the principal at maturity. The principal of and
interest on the bonds and notes shall be payable in lawful
money of the United States.
(5) All bonds and notes issued under this act shall be
exempt from taxation for State and local purposes.
(6) The bonds may be issued as coupon bonds or
registered as to both principal and interest as the issuing
officials may determine. If interest coupons are attached
they shall contain the facsimile signature of the State
Treasurer.
(7) The issuing officials shall provide for the
amortization of the bonds in substantial and regular amounts
over the term of the debt so that the bonds of each issue
allocated to the projects to be funded from the bond issue
shall mature within a period not to exceed the appropriate
amortization period for each project as specified by the
issuing officials, but in no case in excess of 20 years. The
first retirement of principal shall be stated to mature prior
to the expiration of a period of time equal to one-tenth of
the time from the date of the first obligation issued to
evidence the debt to the date of the expiration of the term
of the debt. Retirements of principal shall be regular and
substantial if made in annual or semiannual amounts whether
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by stated serial maturities or by mandatory sinking fund
retirements.
(8) The issuing officials are authorized to provide by
resolution for the issuance of refunding bonds for the
purpose of refunding any debt issued under this act and then
outstanding, either by voluntary exchange with the holders of
the outstanding debt or providing funds to redeem and retire
the outstanding debt with accrued interest, any premium
payable thereon and the costs of issuance and retirement of
the debt at maturity or at any call date. The issuance of the
refunding bonds, the maturities and other details thereof,
the rights of the holders thereof and the duties of the
issuing official in respect thereto shall be governed by this
section insofar as they may be applicable. Refunding bonds,
which are not subject to the aggregate limitation of
$500,000,000 of debt to be issued under this act, may be
issued by the issuing officials to refund debt originally
issued or to refund bonds previously issued for refunding
purposes.
(9) Whenever any action is to be taken or decision made
by the Governor, the Auditor General and the State Treasurer
acting as issuing officials and these officials are not able
unanimously to agree, the action or decision of the Governor
and either the Auditor General or the State Treasurer shall
be binding and final.
(d) Sale of bonds.--
(1) Whenever bonds are issued, they shall be offered for
sale at not less than 98% of the principal amount and accrued
interest and shall be sold by the issuing officials to the
highest and best bidder or bidders after due public
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advertisement on the terms and conditions and upon such open
competitive bidding as the issuing officials shall direct.
The manner and character of the advertisement and the time of
advertising shall be prescribed by the issuing officials. No
commission shall be allowed or paid for the sale of any bonds
issued under the authority of this act.
(2) Any portion of any bond issue so offered and not
sold or subscribed for at public sale may be disposed of by
private sale by the issuing officials in such manner and at
such prices not less than 98% of the principal amount and
accrued interest as the Governor shall direct. No commission
shall be allowed or paid for the sale of any bonds issued
under the authority of this act.
(3) When bonds are issued from time to time, the bonds
of each issue shall constitute a separate series to be
designated by the issuing officials or may be combined for
sale as one series with other general obligation bonds of the
Commonwealth.
(4) Until permanent bonds can be prepared, the issuing
officials may, in their discretion, issue, in lieu of
permanent bonds, temporary bonds in such form and with such
privileges as to registration and exchange from permanent
bonds as may be determined by the issuing officials.
(5) The proceeds realized from the sale of bonds and
notes, except refunding bonds and replacement notes, under
the provisions of this act shall be paid into the fund. The
proceeds shall be paid by the State Treasurer periodically to
those Commonwealth officers and Commonwealth agencies
authorized to expend them at such times and in such amounts
as may be necessary to satisfy the funding needs thereof. The
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proceeds of the sale of refunding bonds and replacement notes
shall be paid to the State Treasurer and applied to the
payment of principal, the accrued interest and premium, if
any, and the cost of redemption of the bonds and notes for
which the obligations shall have been issued.
(6) Pending their application for the purposes
authorized, moneys held or deposited by the State Treasurer
may be invested or reinvested as are other funds in the
custody of the State Treasurer in the manner provided by law.
All earnings received from the investment or deposit of the
funds shall be paid into the State Treasury to the credit of
the fund. The earnings in excess of bond discounts allowed,
expenses paid for the issuance of bonds and notes and
interest arbitrage rebates due to the Federal Government
shall be transferred annually to the fund. Any interest or
investment income shall be applied to assist in the payment
of the debt service incurred in connection with this act.
(7) The Auditor General shall prepare the necessary
registry book to be kept in the office of the duly authorized
loan and transfer agent of the Commonwealth for the
registration of any bonds, at the request of owners thereof,
according to the terms and conditions of issue directed by
the issuing officials.
(8) There is appropriated to the State Treasurer from
the fund as much money as may be necessary for all costs and
expenses in connection with the issue, sale and registration
of the bonds and notes in connection with this act and the
payment of interest arbitrage rebates or proceeds of such
bonds and notes.
(e) Temporary financing authorization.--
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(1) Pending the issuance of bonds of the Commonwealth as
authorized, the issuing officials are authorized, in
accordance with this act and on the credit of the
Commonwealth, to make temporary borrowings not to exceed
three years in anticipation of the issue of bonds in order to
provide funds in such amounts as may from time to time be
deemed advisable prior to the issue of bonds. In order to
provide for and in connection with the temporary borrowings,
the issuing officials may in the name and on behalf of the
Commonwealth enter into any purchase, loan or credit
agreement or agreements or other agreement or agreements with
any banks or trust companies or other lending institutions,
investment banking firms or persons in the United States
having power to enter into the same, which agreements may
contain provisions not inconsistent with the provisions of
this act and authorized by the issuing officials.
(2) All temporary borrowings made under the
authorization of this section shall be evidenced by notes of
the Commonwealth which shall be issued from time to time for
amounts not exceeding in the aggregate the applicable
statutory and constitutional debt limitation in the form and
in the denominations and subject to terms and conditions of
sale and issue, prepayment or redemption and maturity, rate
or rates of interest and time of payment of interest as the
issuing officials shall authorize and direct and in
accordance with this act. The authorization and direction may
provide for the subsequent issuance of replacement notes to
refund outstanding notes or replacement notes, which
replacement notes shall, upon issuance thereof, evidence the
borrowing and may specify other terms and conditions with
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respect to the notes and replacement notes thereby authorized
for issuance as the issuing officials may determine and
direct.
(3) When the authorization and direction of the issuing
officials provide for the issuance of replacement notes, the
issuing officials may in the name and on behalf of the
Commonwealth issue, enter into or authorize and direct the
State Treasurer to enter into agreements with any banks,
trust companies, investment banking firms or other
institutions or persons in the United States having the power
to enter the same:
(i) To purchase or underwrite an issue or series of
issues or notes.
(ii) To credit, to enter into any purchase, loan or
credit agreement, to draw moneys pursuant to any such
agreements on the terms and conditions stated therein and
to issue notes as evidence of borrowings made under any
such agreements.
(iii) To appoint as issuing and payment agent or
agents with respect to notes.
(iv) To do such other acts as may be necessary or
appropriate to provide for the payment, when due, of the
interest on and the principal of such notes. Such
agreements may provide for the compensation of any
purchasers or underwriters of notes or replacement notes
by discounting the purchase price of the notes or by
payment of a fixed fee or commission at the time of
issuance thereof, and all other costs and expenses,
including fees for agreements related to the notes,
issuing and paying agent costs and costs and expenses of
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issuance may be paid from the proceeds of the notes.
(4) When the authorization and direction of the issuing
officials provide for the issuance of replacement notes, the
State Treasurer shall, at or prior to the time of delivery of
these notes or replacement notes, determine the principal
amounts, dates of issue, interest rate or rates or procedures
for establishing such rates from time to time, rates of
discount, denominations and all other terms and conditions
relating to the issuance and shall perform all acts and
things necessary to pay or cause to be paid, when due, all
principal of and interest on the notes being refunded by
replacement notes and to assure that the same may draw upon
any moneys available for that purpose pursuant to any
purchase, loan or credit agreements established with respect
thereto, all subject to the authorization and direction of
the issuing officials.
(5) Outstanding notes evidencing such borrowings may be
funded and retired by the issuance and sale of the bonds of
the Commonwealth as authorized in subsection (f). The
refunding bonds must be issued and sold not later than a date
three years after the date of issuance of the first notes
evidencing the borrowings to the extent that payment of such
notes has not otherwise been made or provided for by sources
other than proceeds of replacement notes.
(6) The proceeds of all such temporary borrowings shall
be paid to the State Treasurer to be held and disposed of in
accordance with this act.
(f) Debt retirement.--
(1) All bonds issued under this act shall be redeemed at
maturity, together with all interest due from time to time on
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the bonds, and these principal and interest payments shall be
paid from the Dam Project Bond Sinking Fund, which is
established in the State Treasury. For the specific purpose
of redeeming the bonds at maturity and paying all interest
thereon in accordance with the information received from the
Governor, the General Assembly shall appropriate moneys to
the Dam Project Bond Sinking Fund for the payment of interest
on the bonds and notes and the principal thereof at maturity.
All moneys paid into the Dam Project Bond Sinking Fund and
all of the moneys not necessary to pay accruing interest
shall be invested by the State Treasurer in such securities
as are provided by law for the investment of the sinking
funds of the Commonwealth.
(2) The State Treasurer, with the approval of the
Governor, may at any time use any of the moneys in the Dam
Project Bond Sinking Fund not necessary for the purposes of
the referendum authorizing the indebtedness necessary to
carry out this act, for the purchase and retirement of all or
any part of the bonds and notes issued pursuant to this act.
In the event that all or any part of the bonds and notes are
purchased, they shall be canceled and returned to the loan
and transfer agent as canceled and paid bonds and notes, and
thereafter all payments of interest thereon shall cease. The
canceled bonds, notes and coupons, together with any other
canceled bonds, notes and coupons, shall be destroyed as
promptly as possible after cancellation but not later than
two years after cancellation. A certification evidencing the
destruction of the canceled bonds, notes and coupons shall be
provided by the loan and transfer agent to the issuing
officials. All canceled bonds, notes and coupons shall be so
20110HB1941PN2663 - 18 -
marked as to make the canceled bonds, notes and coupons
nonnegotiable.
(3) The State Treasurer shall determine and report to
the Secretary of the Budget by November 1 of each year the
amount of money necessary for the payment of interest on
outstanding obligations and the principal of the obligations,
if any, for the following fiscal year and the times and
amounts of the payments. The Governor shall include in every
budget submitted to the General Assembly full information
relating to the issuance of bonds and notes under this act
and the status of the Dam Project Bond Sinking Fund for the
payment of interest on the bonds and notes and the principal
thereof at maturity.
(4) The General Assembly shall appropriate an amount
equal to the sum as may be necessary to meet repayment
obligations for principal and interest for deposit into the
Dam Project Bond Sinking Fund.
(g) Expiration.--Authorization to issue bonds and notes, not
including refunding bonds and replacement notes, for the purpose
of this act shall expire ten years from the effective date of
this section.
Section 10. Powers and duties of board.
(a) General rule.--The board shall implement and administer
the proceeds of the bonds issued under section 9 in conformity
with the provisions of section 10 of the act of March 1, 1988
(P.L.82, No.16), known as the Pennsylvania Infrastructure
Investment Authority Act.
(b) Specific powers of board.--In addition to any powers
under subsection (a), the board shall have the power to:
(1) Implement and administer the proceeds of the bonds
20110HB1941PN2663 - 19 -
under section 9 to improve the adequacy or efficiency of all
dam removal, restoration and repair projects.
(2) Develop, in cooperation with the department, forms
for the applications of grants and loans including required
documentation and eligible project costs.
(3) Develop, in cooperation with the department,
eligibility criteria to implement the provisions of this act.
(4) Develop, in cooperation with the department,
requirements and criteria for the review of the applications
of grants and loans.
(5) Review, in cooperation with the department,
applications of grants and loans.
(6) Take all other actions necessary to implement and
administer the provisions of this act.
Section 11. Powers and duties of department.
The department shall have the power and duty to:
(1) Assist the board in the development of forms for the
applications of grants and loans including required
documentation and eligible project costs.
(2) Assist the board in the development of eligibility
criteria to implement the provisions of this act.
(3) Assist the board in the development of requirements
and criteria for the review of the applications of grants and
loans.
(4) Assist the board in the review of applications of
grants and loans.
(5) Notify every dam owner and local government unit
with a dam located within its boundaries of the availability
of and the criteria for qualifying and obtaining loans for
dam removal, restoration and repair projects.
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Section 12. Effective date.
This act shall take effect immediately.
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