Report Title:

Drinking Water; Wastewater Infrastructure; American Recovery and Reinvestment Act of 2009

 

Description:

Enables the receipt and use of moneys from the American Recovery and Reinvestment Act of 2009 for drinking water and wastewater infrastructure.  (SD1)

 


THE SENATE

S.B. NO.

1381

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE ENVIRONMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to enable Hawaii to receive and use moneys under the federal American Recovery and Reinvestment Act of 2009 and any other applicable federal law for drinking water and wastewater infrastructure.

     SECTION 2.  Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§340E-    Use of American Recovery and Reinvestment Act of 2009 funds and other federal moneys.  (a)  The director may provide financial assistance to public water systems for the construction of necessary drinking water infrastructure projects, through the drinking water fund established under section 340E-36, using moneys from the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.

     (b)  The director may establish a separate account within the drinking water fund and assign to that account federal moneys appropriated under federal laws that authorize principal forgiveness, zero and negative interest loans, and grants, including without limitation the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.  The director may use those moneys and in so doing may include additional requirements and subsidization not applicable to the remainder of the drinking water fund, including forgiveness of principal, zero and negative interest loans, and grants to public water systems that meet eligibility requirements for the drinking water fund. 

     (c)  The director shall certify that a project is entitled to priority over other eligible projects on the basis of drinking water quality and financial needs as well as a preference to those projects that will be started and completed expeditiously as stipulated under the American Recovery and Reinvestment Act of 2009.

     (d)  Among eligible projects, the director may also give priority to projects that advance Hawaii’s clean energy, greenhouse gas emission reduction, and solid waste management goals, to the extent allowed by federal law.  Clean energy includes conservation and efficiency measures and renewable energy.

     (e)  Each project receiving financial assistance shall be in conformance with the conditions for drinking water project financial assistance under section 340E-37(a)."

     SECTION 3.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342D-    Use of American Recovery and Reinvestment Act of 2009 funds and other federal moneys.  (a)  The director may provide financial assistance for publicly owned wastewater treatment works for the construction of necessary wastewater infrastructure projects, through the water pollution control revolving fund established by section 342D-83, using moneys from the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.

     (b)  The director may establish a separate account within the water pollution control revolving fund and assign to that account federal moneys appropriated under federal laws that authorize principal forgiveness, zero and negative interest loans, and grants, including without limitation the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.  The director may use those moneys and in so doing may include additional requirements and subsidization not applicable to the remainder of the revolving fund, including forgiveness of principal, zero and negative interest loans, and grants to publicly-owned wastewater treatment works that meet eligibility requirements for the revolving fund.

     (c)  The director shall certify that a project receiving financial assistance is entitled to priority over other eligible projects on the basis of water pollution and financial needs as well as a preference to those projects that will be started and completed expeditiously as stipulated under the American Recovery and Reinvestment Act of 2009.

     (d)  Among eligible projects, the director may also give priority to projects that advance Hawaii's clean energy, greenhouse gas emission reduction, and solid waste management goals, to the extent allowed by federal law.  Clean energy includes conservation and efficiency measures and renewable energy.

     (e)  Each project receiving financial assistance shall be in conformance with the conditions for water pollution control financing under section 342D-87(a) (1), (2), (4), and (5) and section 342D-87(b)."

     SECTION 4.  Section 340E-31, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""American Recovery and Reinvestment Act of 2009" means the federal law, P.L.           , that appropriates funds for various purposes, including job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and state and local fiscal stabilization purposes."

     SECTION 5.  Section 342D-80, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""American Recovery and Reinvestment Act of 2009" means the federal law, P.L.           , that appropriates funds for various purposes, including job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and state and local fiscal stabilization purposes."

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.