HOUSE OF REPRESENTATIVES

H.B. NO.

2453

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WATER INFRASTRUCTURE.

 

 

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

 


     SECTION 1.  The legislature finds that the quality of the environment and the economy of the State are both of utmost importance to the welfare of the people of Hawaii.  The legislature, in concert with the United States (U.S.) Environmental Protection Agency and the United States Congress, finds that there is increasing demand for the replacement of aging drinking water and wastewater system infrastructure in the State, the delay of which could pose short-term and long-term health hazard for consumers statewide.

     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 U.S. 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 the 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 the water pollution control revolving fund to document the method used to transfer funds;

     (2)  The director may 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 the 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 the 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 may 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)  Fund amounts may be transmitted on a net basis between the water pollution control revolving fund and the 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, upon its approval, shall take effect on July 1, 2024.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Drinking Water Treatment Revolving Loan Fund; Water Pollution Control Revolving Fund; Transfers

 

Description:

Authorizes the department 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).

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.