Bill Summary – FastDemocracy

8031.01000
     Sixty-eighth
     Legislative Assembly                     HOUSE BILL NO. 1089
     of North Dakota
     Introduced by
       Energy and Natural Resources Committee
       (At the request of the Department of Environmental Quality)
  A BILL for an Act to create and enact a new subsection to section 23.1-08-03 of the North
  Dakota Century Code, relating to improving efficiencies in the department of environmental
  quality; to amend and reenact subsection 1 of section 23.1-08-09 and section 61-28.1-12 of the
  North Dakota Century Code, relating to improving efficiencies in the department of
  environmental quality; to repeal section 23.1-08-05 of the North Dakota Century Code, relating
  to improving efficiencies in the department of environmental quality; and to provide an effective
  date.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. A new subsection to section 23.1-08-03 of the North Dakota Century Code is
 created and enacted as follows:
          Adopt rules to establish standards and requirements for solid waste pilot projects.
     SECTION 2. AMENDMENT. Subsection 1 of section 23.1-08-09 of the North Dakota
 Century Code is amended and reenacted as follows:
     1.   The department may issue permits for solid waste management facilities and solid
          waste transporters. A person may not own, operate, or use a facility for solid waste
          disposal or transport solid wastes without a valid permit. Upon receipt of a permit
          application, the department shall give public notice, in the official newspaper of the
          county in which the facility is to be located, that the department is considering an
          application for a solid waste management facility. The notice must state the name of
          the applicant, the location of the facility, and a description of the facility. The
          department shall require as a condition of a permit for a solid waste management
          facility, not owned or operated by the state or a political subdivision, that any entity that
          controls the permitholder agrees to accept responsibility for any remedial measures,
          closure and postclosure care, or penalties incurred by the permitholder. For purposes
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     Legislative Assembly
           of this section, "control" means ownership or control, directly, indirectly, or through the
           actions of one or more persons of the power to vote twenty-five percent or more of any
           class of voting shares of a permitholder, or the direct or indirect power to control in any
           manner the election of a majority of the directors of a permitholder, or to direct the
           management or policies of a permitholder, whether by individuals, corporations,
           partnerships, trusts, or other entities or organizations of any type. All permits are
           nontransferabletransferable, are for a term of not more than ten years from the date of
           issuance, and are conditioned upon the observance of the laws of the state and the
           rules adopted under this chapter.
     SECTION 3. AMENDMENT. Section 61-28.1-12 of the North Dakota Century Code is
 amended and reenacted as follows:
     61-28.1-12. Department - Powers and duties - Administration.
     The department has the following powers and duties and shall administer the drinking water
 treatment revolving loan fund as follows:
     1.   To apply for and accept grants of money from the United States environmental
          protection agency or other federal agencies which must be deposited in the drinking
          water treatment revolving loan fund to be used for purposes authorized under the Safe
          Drinking Water Act, including the following:
          a.    To provide loans or loan guarantees, or other financial assistance, to community
                water systems and nonprofit noncommunity water systems eligible for assistance
                from the revolving loan fund.
          b.    As a source of revenue and security for the payment of principal and interest on
                bonds issued by the state through the public finance authority if the bond
                proceeds are deposited in the revolving loan fund.
          c.    To buy or refinance debt obligations issued after July 1, 1993, to finance a project
                eligible for assistance from the revolving loan fund.
          d.    To guarantee or purchase insurance for debt obligations issued to finance a
                project eligible for assistance from the revolving loan fund.
          e.    To provide other financial and technical assistance and to make any other
                expenditure authorized under the Safe Drinking Water Act.
           f.   To earn interest before the disbursement of financial or technical assistance.
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     Legislative Assembly
           g.      To pay administrative expenses associated with the revolving loan fund as
                   authorized under the Safe Drinking Water Act.
      2.   To administer the drinking water treatment revolving loan fund as established. The
           department may enter into contracts and other agreements in connection with the
           operation of the drinking water treatment revolving loan fund to the extent necessary
           or convenient for the implementation of the drinking water treatment revolving loan
           fund. The department may combine the financial administration of the drinking water
           treatment revolving loan fund and the financial administration of the water pollution
           control revolving loan fund established under chapter 61-28.2. The department may
          cross-collateralize the drinking water treatment revolving loan fund and the water
          pollution control revolving loan fund as authorized by the administrator of the federal
          environmental protection agency under the Safe Drinking Water Act.
     3.   To administer and disburse funds with the approval of the state water commission and
          in accordance with section 1452(a) of the federal Safe Drinking Water Act [42 U.S.C.
          300j], as amended.
     4.   To establish assistance priorities and to expend grant funds pursuant to the priority list
          for the drinking water treatment revolving loan fund, after consulting with and obtaining
          the approval of the state water commission.
     5.   To adopt rules necessary for administering the drinking water treatment revolving loan
          fund.
 The governor, or the governor's designee, may transfer grant funds from the drinking water
 treatment revolving loan fund to the water pollution control revolving loan fund established by
 chapter 61-28.2 and from the water pollution control revolving loan fund to the drinking water
 treatment revolving loan fund, as authorized by the Safe Drinking Water Act.
     SECTION 4. REPEAL. Section 23.1-08-05 of the North Dakota Century Code is repealed.
     SECTION 5. CONTINGENT EFFECTIVE DATE. Section 2 of this Act becomes effective
 upon the receipt by the legislative council of the certification from the department of
 environmental quality that solid waste management facility and transporter permit transfer rules
 have been adopted.
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Statutes affected: 
INTRODUCED: 23.1-08-09, 61-28.1-12, 23.1-08-05
FIRST ENGROSSMENT: 23.1-08-09, 61-28.1-12, 23.1-08-05
Enrollment: 23.1-08-09, 61-28.1-12, 23.1-08-05
PREFILED: 23.1-08-09, 61-28.1-12, 23.1-08-05