HOUSE BILL NO. 159
INTRODUCED BY S. VICK
BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE WATER POLLUTION CONTROL STATE REVOLVING FUND ACT TO PERMIT THE FINANCING OF COMPOSTING FACILITIES; AMENDING SECTION 75-5-1102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 75-5-1102, MCA, is amended to read:
"75-5-1102. Definitions. Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Administrative costs" means costs incurred by the department and the department of natural resources and conservation in the administration of the program, including but not limited to costs of:
(a) servicing loans and issuing debt;
(b) program startup costs;
(c) financial, management, and legal consulting fees; and
(d) reimbursement costs for support services from other state agencies.
(2) "Cost" means, with reference to a project, all capital costs incurred or to be incurred by a municipality or a private
person, including but not limited to engineering, construction, financing, and other fees, interest during construction, and a
reasonable allowance for contingencies to the extent permitted by the federal act and regulations promulgated thereunder
under the federal act.
(3) "Federal act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251 through 1387, as amended.
(4) "Intended use plan" means the annual plan adopted by the department and submitted to the environmental protection agency that describes how the state intends to use the money in the revolving fund.
(5) "Loan" means a loan of money from the revolving fund to a municipality or a private person.
(6) "Municipality" means any state agency, county, city, town, or other public body created pursuant to state law, including but not limited to an authority, as defined in 75-6-304.
(7) "Private person" means an individual, corporation, partnership, or other nongovernmental legal entity.
(8) "Program" means the water pollution control state revolving fund program established by this part.
(9) (a) "Project" means an activity for which a municipality or private person makes an application for a loan or other financial assistance and that is eligible for financing by the program under the federal act, including:
(i) treatment works, as defined under section 1292 of the federal act (33 U.S.C. 1292), and;
(ii) nonpoint source pollution control under section 1329 of the federal act (33 U.S.C. 1329), and for which a
municipality or private person makes an application for a loan or other financial assistance;
(iii) a solid waste management system composting project, PROVIDED THAT IF THE PROJECT APPLICANT IS A MUNICIPALITY, THE MUNICIPALITY SHALL SOLICIT AND EVALUATE PROPOSALS FROM PRIVATE PERSONS FOR THE OPERATION OF THE COMPOSTING FACILITY; and
(iv) other solid waste management systems, as defined in 75-10-203, if the project is intended specifically for the closure or postclosure care of or ground water corrective action at a landfill that:
(A) was in operation on May 5, 1997, and that accepts an annual average of less than 20,000 tons of solid waste a year; or
(B) was closed prior to May 5, 1997.
(b) "Project" Subject to subsection (9)(a), project does not include a solid waste management system, as defined in
75-10-203, except for a project that is intended specifically for the closure or postclosure care of or ground water corrective
action at a landfill that:
(i) was in operation on May 5, 1997, and that accepts an annual average of less than 20,000 tons of solid waste a year;
or
(ii) was closed prior to May 5, 1997.
(10) "Revolving fund" means the fund established by 75-5-1106."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 159 (HB0159.02)
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