Bill Text: HI HB2453 | 2024 | Regular Session | Amended
Bill Title: Relating To Water Infrastructure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [HB2453 Detail]
Download: Hawaii-2024-HB2453-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2453 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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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 (Pub. L. 93-523), preventing the construction of health-protective infrastructure projects in Hawaii.
The legislature additionally finds that the incorporation
of capitalization grant
transfer authority between
the drinking water treatment revolving loan fund and the water
pollution control revolving fund programs, as currently allowed
under title 40 Code of Federal Regulations section 35.3530(c), can greatly assist the two programs with additional
planning and priority setting; maximizing of the two infrastructure funding
programs by directing federal funds where
they are most needed; and ensuring that annual
federal capitalization grant moneys
awarded to the two programs
will be disbursed as quickly
as possible.
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.
SECTION 2. Chapter 340E, Hawaii Revised
Statutes, is amended by adding to part III a new section to be appropriately designated and to read as follows:
"§340E- Drinking water treatment revolving loan fund; transfers. The director may transfer up to thirty-three per cent of a fiscal year's drinking water treatment revolving loan fund capitalization grant amount to the water pollution control revolving fund established under section 342D-83,
or an equivalent dollar amount
from the water
pollution control revolving fund to the drinking water treatment revolving loan fund established under section 340E-35.
The following conditions shall apply:
(1) Each year in which the director transfers funds pursuant to this section:
(A) The attorney
general, or attorney
general's designee, shall certify in writing that state law permits the director
to transfer funds between the drinking water treatment
revolving loan fund and
water pollution control revolving
fund; and
(B) The director
shall amend 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 to document the method used 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 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 to part V a new section to be
appropriately designated and to read as follows:
"§342D-
Water pollution control revolving fund; transfers. The director may transfer up to thirty-three per cent of a fiscal year's water pollution
control revolving fund capitalization grant amount to the drinking
water treatment revolving loan fund established
under section 340E-35, or an equivalent dollar amount from the drinking
water treatment revolving loan fund to the water pollution control revolving fund, established under section 342D-83.
The following conditions shal1 apply:
(1) Each year in which the director
transfers funds pursuant to this section:
(A) The attorney general,
or attorney general's
designee, shall certify in writing that state law permits the director to transfer funds between the drinking
water treatment revolving loan fund and
water pollution control revolving fund; and
(B) The director
shall amend 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 to document the method used 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 water pollution
control revolving 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:
Drinking Water Treatment Revolving Loan Fund; Water Pollution Control Revolving Fund; Transfers
Description:
Authorizes the Director of Health 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.
