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: April 10, 2017, 1:19 p.m.

SB 57-FN-A - AS AMENDED BY THE SENATE

 

03/30/2017   1192s

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

 

-----------------------------------------------------------------

 

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.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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 $1,351,220 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:

FY 2018 FY 2019

North Conway Water Precinct D2007-0417 Ash Street $36,541 $36,540

Merrimack 215-09 WWTF Dewatering Upgrade $81,372 $79,458

Nashua 158-24 Wet Weather Treatment Facility $435,202 $426,779

Nashua D2013-0808 CSO-004 Infrastructure Improvement $21,510 $21,510

Burke Street Phase 1

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

Dover D2011-0102 WWTF Dewatering Upgrade $44,395 $44,395

Enfield D2011-305 Route 4 Sewer & Water Extension $34,767 $34,766

Total Projects Completed before The Stipulation $680,779 $670,441

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 $1,351,220

3  Department of Environmental Services; Appropriation.  There is hereby appropriated to the department of environmental services the sum of $2,228,692 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.

FY 2018 FY 2019

Portsmouth D02011.0502 Lincoln Area Sewer Separation

Contract 3B $95,450 $95,450

Portsmouth D2011.1101 Cass Street Area Sewer Improvements $52,995 $52,995

Portsmouth 106-12 Rye Line Pump Station $21,907 $21,907

Nashua D2004-0906 Primary Clarifier Rehabilitation $14,983 $14,982

Durham D2010-0213 West End Sewer Improvements $4,712 $4,712

Berlin D02011-0705 Inflow and Infiltration Reduction,

Phase 1, Contract 2 $31,077 $31,077

Portsmouth D2013-D102 Lincoln Area Sewer Separation - Contract 83C $67,057 $67,057

Conway Village

Fire District 237-04 Sewerage Improvements Program Phase II $247,655 $247,655

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

Phase II $195,235 $195,235

Berlin 111-05 & 111-06 Wastewater Treatment Facility

Phase 2 Upgrade $234,828 $234,828

Nashua D2012-0202 WWTF Grit System and Dewatering Upgrade $85,206 $85,206

Nashua D2012-060S Aeration and Secondary Clarifier Upgrade $63,241 $63,242

Total Projects with Warrant Article Before December 31, 2008

  But Without SAG Application Before July 1, 2013 $1,114,346 $1,114,346

Total Appropriation for the biennium ending June 30, 2019 $2,228,692

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 is hereby authorized to lend up to $5,000,000 to any potentially responsible party that 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 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 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.

V.  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 4/10/17

 

SB 57-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2017-1192s)

 

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

$3,579,912

$10,000,000

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill appropriates approximately $3.6 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.  The following table provides detail on the appropriation amounts and DES' estimated costs:

 

 

 

FY 2018

FY 2019

 

Section 2 - 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 1

SB 57 Appropriation

$680,779

$670,441

 

DES Estimated Costs

$637,759

$627,421

 

Section 4 - Projects with Warrant Article Before December 31, 2008 but Without SAG Application Before July 1, 2013 2

SB 57 Appropriation

$1,114,346

$1,114,346

 

DES Estimated Costs

$976,784

$1,089,726

 

Notes:
1 DES estimates the total costs for FY 2020 through the close of all projects under section 2 of this bill to be approximately $13.6 million. 
2
DES estimates the total costs for FY 2020 through the close of all projects under section 4 of this bill to be approximately $18.7 million. 

 

DES states that the Nashua project for Infrastructure Improvement Burke Street is not eligible under section 2 of this bill as the project was not complete until April 30, 2014.  DES indicates that the Nashua project Harbor Ave. Sewer Separation, not included in this bill, would qualify under section II.  The total cost to fund this additional project would be $68,264 in both FY 2018 and FY 2019.

 

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.  Additionally, this bill authorizes DES to lend up to $5,000,000, from the Trust Fund, to any potentially responsible party that 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

 

SB 57-FN-A - AS AMENDED BY THE SENATE

 

03/30/2017   1192s

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

 

-----------------------------------------------------------------

 

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.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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 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 $1,351,220 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:

FY 2018 FY 2019

North Conway Water Precinct D2007-0417 Ash Street $36,541 $36,540

Merrimack 215-09 WWTF Dewatering Upgrade $81,372 $79,458

Nashua 158-24 Wet Weather Treatment Facility $435,202 $426,779

Nashua D2013-0808 CSO-004 Infrastructure Improvement $21,510 $21,510

Burke Street Phase 1

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

Dover D2011-0102 WWTF Dewatering Upgrade $44,395 $44,395

Enfield D2011-305 Route 4 Sewer & Water Extension $34,767 $34,766

Total Projects Completed before The Stipulation $680,779 $670,441

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 $1,351,220

3  Department of Environmental Services; Appropriation.  There is hereby appropriated to the department of environmental services the sum of $2,228,692 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.

FY 2018 FY 2019

Portsmouth D02011.0502 Lincoln Area Sewer Separation

Contract 3B $95,450 $95,450

Portsmouth D2011.1101 Cass Street Area Sewer Improvements $52,995 $52,995

Portsmouth 106-12 Rye Line Pump Station $21,907 $21,907

Nashua D2004-0906 Primary Clarifier Rehabilitation $14,983 $14,982

Durham D2010-0213 West End Sewer Improvements $4,712 $4,712

Berlin D02011-0705 Inflow and Infiltration Reduction,

Phase 1, Contract 2 $31,077 $31,077

Portsmouth D2013-D102 Lincoln Area Sewer Separation - Contract 83C $67,057 $67,057

Conway Village

Fire District 237-04 Sewerage Improvements Program Phase II $247,655 $247,655

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

Phase II $195,235 $195,235

Berlin 111-05 & 111-06 Wastewater Treatment Facility

Phase 2 Upgrade $234,828 $234,828

Nashua D2012-0202 WWTF Grit System and Dewatering Upgrade $85,206 $85,206

Nashua D2012-060S Aeration and Secondary Clarifier Upgrade $63,241 $63,242

Total Projects with Warrant Article Before December 31, 2008

  But Without SAG Application Before July 1, 2013 $1,114,346 $1,114,346

Total Appropriation for the biennium ending June 30, 2019 $2,228,692

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 is hereby authorized to lend up to $5,000,000 to any potentially responsible party that 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 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 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.

V.  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 4/10/17

 

SB 57-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2017-1192s)

 

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

$3,579,912

$10,000,000

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill appropriates approximately $3.6 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.  The following table provides detail on the appropriation amounts and DES' estimated costs:

 

 

 

FY 2018

FY 2019

 

Section 2 - 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 1

SB 57 Appropriation

$680,779

$670,441

 

DES Estimated Costs

$637,759

$627,421

 

Section 4 - Projects with Warrant Article Before December 31, 2008 but Without SAG Application Before July 1, 2013 2

SB 57 Appropriation

$1,114,346

$1,114,346

 

DES Estimated Costs

$976,784

$1,089,726

 

Notes:
1 DES estimates the total costs for FY 2020 through the close of all projects under section 2 of this bill to be approximately $13.6 million. 
2
DES estimates the total costs for FY 2020 through the close of all projects under section 4 of this bill to be approximately $18.7 million. 

 

DES states that the Nashua project for Infrastructure Improvement Burke Street is not eligible under section 2 of this bill as the project was not complete until April 30, 2014.  DES indicates that the Nashua project Harbor Ave. Sewer Separation, not included in this bill, would qualify under section II.  The total cost to fund this additional project would be $68,264 in both FY 2018 and FY 2019.

 

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.  Additionally, this bill authorizes DES to lend up to $5,000,000, from the Trust Fund, to any potentially responsible party that 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