Introduced Version
House Bill 3149 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3149
(By Delegate Webster, Brown, Burdiss, Fleischauer, Guthrie,
Kessler, Long, Pino and Tabb)
[Introduced
February 21, 2007
; referred to the
Committee on Finance.]
A BILL to amend and reenact §22C-2-1 and §22C-2-5 of the Code
of West Virginia, 1931, as amended, all relating to the
definitions of and security for loans made from the Water
Pollution Control Revolving Fund.
Be it enacted by the Legislature of West Virginia:
That §22C-2-1 and §22C-2-5 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 2. WATER POLLUTION CONTROL REVOLVING FUND ACT.
§22C-2-1. Definitions.
Unless the context in which used clearly requires a
different meaning, as used in this article:
(a) "Authority" means the water development authority
provided in section four, article one of this chapter.
(b) "Cost" as applied to any project financed under the
provisions of this article means the total of all costs
incurred by a local entity that are reasonable and necessary
for carrying out all works and undertakings necessary or
incident to the accomplishment of any project including:
(1) Developmental, planning and feasibility studies,
surveys, plans and specifications;
(2) Architectural, engineering, financial, legal or other
special services;
(3) Acquisition of land and any buildings and improvements
on the land or buildings, including the discharge of any
obligations of the sellers of the land, buildings or
improvements;
(4) Site preparation and development, including demolition
or removal of existing structures, construction and
reconstruction, labor, materials, machinery and equipment;
(5) The reasonable costs of financing incurred by the
local entity in the course of the development of the project,
carrying charges incurred before placing the project in
service, interest on funds borrowed to finance the project to a
date subsequent to the estimated date the project is to be
placed in service, necessary expenses incurred in connection
with placing the project in service, and the funding of
accounts and reserves which the authority may require; and
(6) Other items that the Division Department of
Environmental Protection determines to be reasonable and
necessary.
(c) "Fund" means the state water pollution control
revolving fund provided in this article as it may be expanded
or modified from time to time pursuant to the Clean Water Act, as amended, the Federal Safe Drinking Water Act, as amended or
by the executive order of the Governor issued to comply with
federal laws relating to the acts.
(d) "Instrumentality" means the Division Department of
Environmental Protection or the agency designated by an order
of the Governor as having the primary responsibility for
administering the fund pursuant to the Federal Clean Water Act,
as amended, and the Federal Safe Drinking Water Act, as
amended, or other federal laws.
(e) "Local entity" means any county, city, town, municipal
corporation, authority, district, public service district,
commission, banking institution, or political subdivision, in
West Virginia regional governmental authority, state government
agency, interstate agency or not-for-profit association or
corporation in West Virginia.
(f) "Project" means any public water or wastewater
treatment facility located or to be located in or outside this
state by a local entity and includes:
(1) Sewage and wastewater collection, treatment and
disposal facilities;
(2) Public water transportation, treatment and
distribution facilities;
(3) Drainage facilities and projects;
(4) Administrative, maintenance, storage and laboratory
facilities related to the facilities delineated in subdivisions (1), (2) and (3) of this subsection;
(5) Interests in land related to the facilities delineated
in subdivisions (1), (2), (3) and (4) of this subsection; and
(6) Other projects allowable under federal law.
§22C-2-5. Collection of money due to the fund.
(a) In order to ensure the timely payment of all sums due
and owing to the fund under a revolving fund loan agreement
between the state and a local entity, and notwithstanding any
provisions of this code to the contrary, the authority has and
may, at its option, exercise the following rights and remedies
in the event of any default by a local entity under a loan
agreement:
(a) (1) The authority may directly impose, in its own name
and for its own benefit, service charges upon all users of a
project funded by a loan distributed to a local entity pursuant
to this article, and may proceed directly to enforce and
collect the service charges, together with all necessary costs
of the enforcement and collection.
(b) (2) The authority may exercise, in its own name or in
the name of and as the agent for a particular local entity, all
of the rights, powers and remedies of the local entity with
respect to the project or which may be conferred upon the local
entity by statute, rule, regulation or judicial decision,
including all rights and remedies with respect to users of the
project funded by the loan distributed to that local entity pursuant to this article.
(c) (3) The authority may, by civil action, mandamus or
other judicial or administrative proceeding, compel performance
by a local entity of all of the terms and conditions of the
loan agreement between the state and that local entity
including:
(1) (A) The adjustment of service charges as required to
repay the loan or otherwise satisfy the terms of the loan
agreement;
(2) (B) The enforcement and collection of service charges;
and
(3) (b) The enforcement by the local entity of all rights
and remedies conferred by statute, rule, regulation or judicial
decision. The rights and remedies enumerated in this section
are in addition to rights and remedies conferred upon the
authority by law or pursuant to the loan agreement.
(c) For loans made for projects defined in subdivision
(6), subsection (f), section one of this article at the
direction of the Department of Environmental Protection, the
authority shall take a security or other interest in real or
personal property with the right to foreclose upon a default to
secure loans made from the fund
.
NOTE: The purpose of this bill is to expand the list of
eligible borrowers to conform to the federal regulations and to
expand the types of security that may be pledged to the payment
of the loans from the fund.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.