N.D. Cent. Code § 61-28.2-01 Water pollution control revolving loan fund program - Purposes - Establishment - Capitalization of fund - Disposition of moneys - Administration
61-28.2-01. Water pollution control revolving loan fund program - Purposes -
Establishment - Capitalization of fund - Disposition of moneys - Administration.
1. It is the determination of the legislative assembly that the federal funds for the
administration and implementation of the federal wastewater construction grants
program will decline within the years to come, thereby decreasing the amount of funds
that the state will have to operate and carry out the functions that it has been assigned
to accomplish. In order to continue to provide funds to political subdivisions for the
planning, design, construction, and rehabilitation of wastewater treatment facilities,
public water supply systems, and other lawful activities connected with this program, it
is the purpose of this section to provide for the establishment of a revolving loan fund
to be capitalized by federal grants, matching state funds when required, and by any
other funds generated by the operation of the revolving loan fund.
2. There is established the water pollution control revolving loan fund, which must be
maintained and operated by the department of environmental quality. Grants from the
federal government or its agencies allotted to the state for the capitalization of the
revolving loan fund, and state matching funds when required, must be deposited
directly in the revolving loan fund in compliance with the terms of the federal grant.
Money in the revolving loan fund must be expended in a manner consistent with terms
and conditions of the grants received by the state and may be used to offer loan
guarantees; to provide payments to reduce interest on loans and loan guarantees; to
make bond interest subsidies; to provide bond guarantees on behalf of municipalities,
other local political subdivisions, and intermunicipal or interstate agencies; to provide
assistance to a municipality, other local political subdivisions, or intermunicipal or
interstate agencies with respect to the nonfederal share of the costs of a project; to
finance the cost of facility planning and the preparation of plans, specifications, and
estimates for construction of publicly owned treatment works or public water supply
systems; to provide financial assistance for the construction and rehabilitation of a
project on the state priority list; to secure principal and interest on bonds issued by a
public trust having the state of North Dakota as its beneficiary, or the public finance
authority if the proceeds of such bonds are deposited in the revolving loan fund and to
the extent provided in the terms of the federal grant; to provide for loan guarantees for
similar revolving funds established by municipalities, other local political subdivisions,
or intermunicipal agencies; to purchase debt incurred by municipalities or other local
political subdivisions for wastewater treatment projects or public water supply systems;
to improve credit market access by guaranteeing or purchasing insurance or other
credit enhancement devices for local obligations or obligations of a public trust having
the state of North Dakota as its beneficiary or the public finance authority; to fund other
programs which the federal government authorizes by the terms of its grants; to fund
the administrative expenses of the department associated with the revolving loan fund;
and to provide for any other expenditure consistent with the federal grant program and
state law. Money not currently needed for the operation of the revolving loan fund or
otherwise dedicated may be invested. All interest earned on investments must be
credited to the revolving loan fund.
3. The department shall administer the revolving loan fund. The department may enter
into contracts and other agreements in connection with the operation of the revolving
loan fund, including contracts and agreements with federal agencies, political
subdivisions, public trusts having the state of North Dakota as beneficiary or the public
finance authority, and other parties to the extent necessary or convenient for the
implementation of the revolving loan fund program. The department shall maintain full
authority for the operation of the revolving loan fund in accordance with applicable
federal and state law.
4. The department has the following powers and duties in regard to the revolving loan
fund:
a. To apply for and accept grants of money from the United States environmental
protection agency or other federal agencies for the purpose of making funds
available to political subdivisions for the planning, design, construction, and
rehabilitation of wastewater treatment facilities, public water supply systems, and
other related activities. The department may contract to receive such grants,
agree to match the grant in whole or in part when required, and to comply with
applicable federal laws and regulations in order to secure the grants. Money
received through these grants and state matching funds must be deposited into
the water pollution control revolving loan fund or used for appropriate
administrative purposes.
b. To administer the revolving loan fund as established. The department may enter
into contracts and other agreements in connection with the operation of the
revolving loan fund to the extent necessary or convenient for the implementation
of the revolving loan fund program.
c. To administer and disburse funds in accordance with the federal Clean Water and
Safe Drinking Water Acts, as amended.
d. To adopt rules as necessary to carry out the provisions of this chapter and meet
the requirements of the federal Clean Water and Safe Drinking Water Acts, as
amended.