State funded water and sewer program.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0208

SENATE FILE
NO.
SF0095

State funded water and sewer program.

Sponsored by:
Senator(s) Sessions and Ross and Representative(s) Illoway, Latta, Martin and McOmie

A BILL

for

AN ACT relating to administration of government; establishing a program to provide for public sewer systems; providing for administration; establishing criteria for eligibility; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 16
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1
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401 and 16
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1
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402 are created to read:

Article 4
State water and sewer program

16
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1
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401.

Definitions.

(a)

As used in this article:

(i)

"Account" means the state funded water and sewer program account;

(ii)

"Board" means the state loan and investment board;

(iii)

"Eligible public entity" means any city or town, sanitary and improvement district established under W.S. 35
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3
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101 through 35
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3
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124, or sewer district or water and sewer district organized pursuant to W.S. 41
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10
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101 through 41
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10
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151;

(iv)

"Qualifying property" means residential property which:

(A)

Is not using the services of a public sewerage system;

(B)

Contains a private septic system that requires repair or replacement;

(C)

Lies within an area for which a permit or other authorization is required to repair or replace the private septic system and for which the public entity with jurisdiction is unable to issue the permit or provide authorization for the repair or replacement due to a lawful agreement binding the entity or due to federal or state law.

16
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1
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402.

State funded water and sewer program created; grants authorized; program administration.

(a)

There is hereby established a state funded water and sewer grant program to be administered by the office of state lands and investments subject to direction of the state loan and investment board. The program shall provide grants to eligible public entities, to be used by the entity to pay for the cost of providing sewerage system service to qualifying properties.

(b)

The governing body of an eligible public entity may make application to the state loan and investment board for grants under the program. The office of state lands and investments in consultation with the department of environmental quality shall review each application submitted and make a recommendation to the board regarding approval or disapproval of the application. The application shall meet requirements of rules promulgated by the board, which shall at a minimum require the identification of each qualifying property, the estimated cost of providing sewerage system service to the property and proof that the public entity has reached agreement with the owner of the qualifying property to pay the costs of expanding the sewerage system to the boundaries of the qualifying property, as limited by subsection (c) of this section, and to pay the sewer tap fee established by the public entity at a rate which will be adequate to finance continued operation and maintenance of the system.

(c)

An owner of qualifying property shall agree to and pay in exchange for the provision of public sewerage system services under this section, the amount which would have otherwise been expended by the owner to reconstruct or repair the septic system and appurtenant facilities. The owner shall further agree to pay the sewer tap fee at the rate established by the eligible public entity and the property shall be subject to assessments to enforce payment and subsequent proceedings to enforce assessments as are otherwise provided by law.

(d)

Grant amounts shall not exceed the estimated cost of the project minus the amount owners of qualifying properties are to pay for access to services under this section. Grants approved by the state loan and investment board shall be payable to the eligible public entity from the account and shall be used by the public entity only for purposes of the approved project. Any grant funds remaining shall be paid to the state treasurer within one hundred twenty (120) days after completion of the project for deposit to the account.

(e)

Whenever public sewerage system service has been provided to a qualifying property all existing septic tanks on the property shall be dispensed with and no new septic tank shall be authorized.

(f)

The state loan and investment board is authorized to adopt rules to implement this article.

Section 2.

There is appropriated ten million dollars ($10,000,000.00) from the budget reserve account to the state funded water and sewer program account created under this act.

Section 3.
This act is effective July 1, 2005.

(END)

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SF0095