Bill Text - SB57 (2017)

(New Title) making appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program and relative to making an appropriation from the drinking water and groundwater trust fund to the department of environmental services to address drinking water contamination in Amherst.


Revision: June 9, 2017, 4:23 p.m.

SB 57-FN-A - VERSION ADOPTED BY BOTH BODIES

 

03/30/2017   1192s

1Jun2017... 2021h

2017 SESSION

17-0818

08/10

 

SENATE BILL 57-FN-A

 

AN ACT making appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program and relative to making an appropriation from the drinking water and groundwater trust fund to the department of environmental services to address drinking water contamination in Amherst.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Giuda, Dist 2; Rep. Buco, Carr. 2; Rep. Umberger, Carr. 2; Rep. Danielson, Hills. 7; Rep. Rosenwald, Hills. 30; Rep. L. Ober, Hills. 37

 

COMMITTEE: Finance

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Makes appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program.

 

II.  Makes appropriations to the department of environmental services for funding specific water and wastewater projects.

 

III.  Makes an appropriation from the drinking water and groundwater trust fund to the department of environmental services to address drinking water contamination in Amherst.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/30/2017   1192s

1Jun2017... 2021h 17-0818

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT making appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program and relative to making an appropriation from the drinking water and groundwater trust fund to the department of environmental services to address drinking water contamination in Amherst.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Department of Environmental Services; Appropriation.  There is hereby appropriated to the department of environmental services the sum of $1,369,620 for the fiscal year ending June 30, 2017, which shall be non-lapsing and expended pursuant to section 2 of this act.  The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

2  Projects Funded; Department of Environmental Services.  Projects with warrant articles after December 31, 2008 that were completed before July 1, 2013 but without SAG application process and final certification for payment before July 1, 2013.  Payments for each project shall not exceed the following amounts:

FY 2018 FY 2019

North Conway Water Precinct D2007-0417 Ash Street $46,365 $46,367

Merrimack 215-09 WWTF Dewatering Upgrade $80,508 $79,711

Nashua 158-24 Wet Weather Treatment Facility $341,099 $332,676

Nashua Harbor Ave Area Sewer Separation $82,734 $82,285

Burke Street Phase 1

Claremont 114-15 Maple Ave Wastewater Collection System $26,992 $26,993

Dover D2011-0102 WWTF Dewatering Upgrade $112,577 $75,408

Enfield D2011-305 Route 4 Sewer & Water Extension $10,502 $25,403

Total Projects Completed before The Stipulation $700,777 $668,843

of Warrant Articles After December 31, 2008 was

established but without SAG Application Before July 1, 2013.

Total Appropriation for the biennium ending June 30, 2019 $1,369,620

3  Department of Environmental Services; Appropriation.  There is hereby appropriated to the department of environmental services the sum of $2,148,771 for the fiscal year ending June 30, 2017, which shall be non-lapsing and expended pursuant to section 4 of this act.  The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

4  Projects Funded; Department of Environmental Services.  Projects with Warrant Article Before December 31, 2008 but Without SAG Application Before July 1, 2013.  Payments for each project shall not exceed the following amounts:

FY 2018 FY 2019

Portsmouth D02011.0502 Lincoln Area Sewer Separation

Contract 3B $84,954 $90,049

Portsmouth D2011.1101 Cass Street Area Sewer Improvements $53,412 $56,610

Portsmouth 106-12 Rye Line Pump Station $28,941 $25,045

Nashua D2004-0906 Primary Clarifier Rehabilitation $219,351 $219,351

Durham D2010-0213 West End Sewer Improvements $672 $2,478

Berlin D02011-0705 Inflow and Infiltration Reduction,

Phase 1, Contract 2 $31,283 $31,283

Portsmouth D2013-D102 Lincoln Area Sewer Separation - Contract 83C $89,203 $87,492

Conway Village

Fire District 237-04 Sewerage Improvements Program Phase II $131,980 $114,802

Lebanon 092-04 & 092-06 WWTF & Energy Evaluation Improvements,

Phase II $182,395 $180,400

Berlin 111-05 & 111-06 Wastewater Treatment Facility

Phase 2 Upgrade $73,867 $147,734

Nashua D2012-0202 WWTF Grit System and Dewatering Upgrade $21,825 $69,844

Nashua D2012-060S Aeration and Secondary Clarifier Upgrade $102,894 $102,906

Total Projects with Warrant Article Before December 31, 2008

  But Without SAG Application Before July 1, 2013 $1,020,777 $1,127,994

Total Appropriation for the biennium ending June 30, 2019 $2,148,771

5  Department of Environmental Services; Appropriation.

I.  The sum of $5,000,000 is hereby appropriated to the department of environmental services from the drinking water and groundwater trust fund established under RSA 6-D:1 for the purpose of financing the extension of an existing Pennichuck Water Company water line to an area of homes and businesses in Amherst, New Hampshire impacted by contamination with perfluorinated compounds.  Such an extension is in the public interest and will provide the residents of the town of Amherst access to a safe drinking water resource as an alternative to contaminated public groundwater.

II.  The department of environmental services may lend $5,000,000 as appropriated for the purpose in paragraph I, to any potentially responsible party, which demonstrates an ability to repay the loan amount with interest over a reasonable period of time and meets the minimum underwriting requirements of the business finance authority, for purposes of construction of the waterline improvements, provision of service connections to the impacted properties, and decommissioning of impacted drinking water wells.

III.  The department of environmental services shall establish, issue, and service the loan using the criteria of the state water pollution control revolving loan fund program authorized by RSA 486:14 using established rates and procedures to the extent applicable and consistent with the intent of this section.

IV.  The department of environmental services shall, in underwriting the loan included in paragraph II, use the services of the New Hampshire business finance authority, including evaluation of the borrower’s credit, ability to repay the loan, and to establish appropriate security for the loan.

V.  The loan shall not be made using funds from the state water pollution control revolving loan fund program authorized by RSA 486:14, and as such, shall not be subject to the federal requirements imposed by the United States Environmental Protection Agency for such loans.

VI.  Loan repayment funds, including all interest, and any unused loan funds shall be deposited in the state’s drinking water and groundwater trust fund established under RSA 6-D:1.

6  Effective Date.  

I.  Section 5 of this act shall take effect July 1, 2017.

II.  The remainder of this act shall take effect upon its passage.

 

LBAO

17-0818

Amended 6/9/17

 

SB 57-FN-A- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2017-2021h)

 

AN ACT (New Title) making appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program and relative to making an appropriation from the drinking water and groundwater trust fund to the department of environmental services to address drinking water contamination in Amherst.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2017

FY 2018

FY 2019

FY 2020

   Appropriation

$3,518,391

$5,000,000

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Drinking Water and Groundwater Trust Fund

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill appropriates approximately $3.52 million of general funds to the Department of Environmental Services (DES) for the fiscal year ending June 30, 2017, for the purpose of funding eligible and completed wastewater projects under the state aid grant program. These funds are non-lapsing and should be expended in FY 2018 and FY 2019.  Payments for projects shall not exceed the following amounts:

 

Estimated Costs

FY 2018

FY 2019

Projects with Warrant Articles After December 31, 2008 that were completed before July 1, 2013 but without SAG application process and final certification for payment before July 1, 2013

$700,777

$668,843

Projects with Warrant Article Before December 31, 2008 but Without SAG Application Before July 1, 2013

$1,020,777

$1,127,994

 

This bill appropriates $5,000,000 to DES from the Drinking Water and Groundwater Trust Fund (Trust Fund) to finance the extension of the Pennichuck Water Company water line to an area of Amherst that has been contaminated by perfluorinated compounds.  DES is authorized to lend the $5,000,000 to any potentially responsible party that meets the minimum underwriting requirements of the business finance authority and demonstrates an ability to repay the loan amount with interest over a reasonable period of time for purposes of construction of the waterline improvements, provision of service connections to the impact properties, and decommissioning of impacted drinking water wells.

 

AGENCIES CONTACTED:

Department of Environmental Services