Cross References Drinking water financing, see § §340E-31 to 41. §342D-80 Definitions. As used in this part, unless the context otherwise requires: “American Recovery and Reinvestment Act of 2009” means the federal law, Public Law 111-5, making appropriations for various purposes, including job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the […]
§342D-81 Declaration of policy. The State’s policy is to promote water pollution prevention and control, including the use of recycled water, by financing eligible projects of eligible parties consistent with applicable federal and state laws. The State intends the financing to occur through a revolving fund loan program that makes loans to eligible parties at […]
§342D-82 Powers and duties. (a) In addition to any other power or duty prescribed by law, the director shall: (1) Establish fiscal controls and accounting procedures at least sufficient to assure proper accounting for appropriate accounting periods of payments, disbursements, revenues, and fees received and made for fund balances at the beginning and end of […]
§342D-82.5 Use of American Recovery and Reinvestment Act of 2009 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 revolving fund, using moneys from the American Recovery and Reinvestment Act of 2009 and other applicable federal acts. […]
§342D-83 Revolving fund; establishment, purposes, coordination. (a) There is established in the state treasury a fund to be known as the water pollution control revolving fund to be administered by the director. The revolving fund shall be administered, operated, and maintained to remain available in perpetuity for its stated purpose. (b) The purpose of the […]
§342D-84 Revolving fund; uses. (a) Moneys in the revolving fund, if consistent with the purpose of the revolving fund stated in section 342D-83(b), may be used to: (1) Provide, make, and condition loans; (2) Guarantee eligible party loans and bonds and to purchase or provide bond insurance or other credit enhancement or liquidity support for […]
§342D-85 Revolving fund; deposits. The following may be deposited into the revolving fund: (1) Federal capitalization grant funds and other federal grants, loans, or appropriations; (2) Appropriations by the legislature to the revolving fund; (3) Payments of principal and interest and other amounts made by eligible parties pursuant to loans or other agreements entered into […]
§342D-86 Revolving fund; fees, interest, and investment on accounts. (a) The director may establish fees for loans, loan and bond guarantees, debt purchase and refinancing, interest rate subsidies, and other credit enhancement or liquidity support issued or provided through the revolving fund. (b) The director shall adopt rules pursuant to chapter 91 for the purposes […]
§342D-87 Revolving fund; conditions. (a) The following conditions shall apply to each project receiving water pollution control financing under this part: (1) The project shall conform with the state water quality management plan developed under title 33 United States Code section 1285(j), 1288, 1313(e), 1329, or 1330; (2) The project shall be certified by the […]
§342D-88 Revenue bonds; authorization. (a) The director of health, with the approval of the governor and the [director of finance], may issue revenue bonds at such times and in such amount or amounts, not to exceed $250,000,000 in aggregate principal, as may be necessary to carry out the purposes of this part. (b) All such […]
§342D-89 Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the water pollution control loan program for which the revenue bonds are issued, including: (1) Any repayment of eligible loans or other agreements entered into for the water pollution control loan […]
§342D-90 Revenue bonds; amount issued. The director may include the costs of undertaking, administering, operating, and maintaining the water pollution control loan programs for which the bonds are issued in determining the principal amount of bonds to be issued. In determining the cost of undertaking, administering, operating, and maintaining the loan programs, the director may […]
§342D-91 Revenue bonds; investment of proceeds, and redemption. Subject to any agreement with the holders of its revenue bonds, the director may: (1) Invest moneys not required for immediate use, including proceeds from the sale of any revenue bonds, funds held in reserve or sinking funds or any funds not required for immediate disbursement, in […]
§342D-92 Trustee; designation; duties. The director may designate a trustee for each issue of revenue bonds secured under the same indenture; provided that the trustee may be approved by the director of finance. The trustee may have any duties and functions authorized by part III of chapter 39, as deemed necessary, advisable, or expedient by […]
§342D-93 Trust indenture. (a) Any trust indenture entered into by the director may contain covenants and provisions as authorized by part III of chapter 39, and approved by the director of finance, as deemed necessary, advisable, or expedient by the director for the purposes of this part. (b) A trust indenture may also contain provisions […]
