HOUSE AMENDED PRIOR PRINTER'S NOS. 1650, 1666, 1690, PRINTER'S NO. 1756 1709
No. 1102 Session of 2004
INTRODUCED BY GORDNER, JUBELIRER, BRIGHTBILL, MADIGAN, WENGER, RHOADES, LEMMOND, ORIE, RAFFERTY, ERICKSON, PILEGGI, CORMAN, SCHWARTZ, C. WILLIAMS, PIPPY, EARLL, MOWERY, WAUGH, THOMPSON, BOSCOLA, PUNT AND ROBBINS, MAY 26, 2004
AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 28, 2004
AN ACT 1 Amending Titles 12 (Commerce and Trade) and 64 (Public 2 Authorities and Quasi-Public Corporations) of the 3 Pennsylvania Consolidated Statutes, providing for water 4 supply and wastewater infrastructure capitalization; 5 AUTHORIZING DEBT; defining "investor-owned water or <-- 6 wastewater enterprise"; and providing for Water Supply and 7 Wastewater Infrastructure Program. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Title 12 of the Pennsylvania Consolidated 11 Statutes is amended by adding a chapter to read: 12 CHAPTER 39 13 WATER SUPPLY AND WASTEWATER 14 INFRASTRUCTURE CAPITALIZATION 15 Sec. 16 3901. Scope of chapter. 17 3902. Definitions. 18 3903. Establishment.
1 3904. Award of grants. 2 3905. Award and administration of loans. 3 3906. Funds. 4 3907. COMMONWEALTH INDEBTEDNESS. <-- 5 § 3901. Scope of chapter. 6 This chapter relates to the Water Supply and Wastewater 7 Infrastructure Capitalization Program. 8 § 3902. Definitions. 9 The following words and phrases when used in this chapter 10 shall have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Applicant." A municipality, a municipal authority, 13 industrial development corporation or an investor-owned water or 14 wastewater enterprise that submits an application under 64 15 Pa.C.S. § 1558 (relating to Water Supply and Wastewater 16 Infrastructure Program). 17 "Authority." The Commonwealth Financing Authority 18 established under 64 Pa.C.S. § 1511 (relating to authority). 19 "Cost of a project." Any of the following: 20 (1) Costs and expenses of acquisition of interests in 21 land, infrastructure, buildings, structures, equipment, 22 furnishings, fixtures and other tangible property which 23 comprises the project. 24 (2) Costs and expenses of construction, reconstruction, 25 erection, equipping, expansion, improvement, installation, 26 rehabilitation, renovation or repair of infrastructure, 27 buildings, structures, equipment and fixtures which comprise 28 the project. 29 (3) Costs and expenses of demolishing, removing or 30 relocating buildings or structures on lands acquired or to be 20040S1102B1756 - 2 -
1 acquired. 2 (4) Costs and expenses of preparing land for 3 development. 4 (5) Costs and expenses of engineering services, 5 financial services, accounting services, legal services, 6 plans, specifications, studies and surveys necessary or 7 incidental to determining the feasibility or practicability 8 of the project. 9 "FUND." THE WATER SUPPLY AND WASTEWATER TREATMENT FUND <-- 10 ESTABLISHED IN SECTION 3906(B) (RELATING TO FUNDS). 11 "Industrial development corporation." An entity certified as 12 an industrial development agency by the Pennsylvania Industrial 13 Development Authority Board under the act of May 17, 1956 (1955 14 P.L.1609, No.537), known as the Pennsylvania Industrial 15 Development Authority Act. 16 "Investor-owned water or wastewater enterprise." A nonpublic 17 entity which supplies water or provides wastewater services to 18 the public for a fee. 19 "Municipal authority." A public authority created under 53 20 Pa.C.S. Ch. 56 (relating to municipal authorities) or under the 21 former act of May 2, 1945 (P.L.382, No.164), known as the 22 Municipality Authorities Act of 1945, which supplies water or 23 provides wastewater services to the public for a fee. 24 "Project." An activity approved for a grant or loan under 64 25 Pa.C.S. § 1558 (relating to Water Supply and Wastewater 26 Infrastructure Program). 27 "SINKING FUND." THE WATER SUPPLY AND WASTEWATER TREATMENT <-- 28 SINKING FUND ESTABLISHED IN SECTION 3906(B) (RELATING TO FUNDS). 29 § 3903. Establishment. 30 There is established within the department a program to be 20040S1102B1756 - 3 -
1 known as the Water Supply and Wastewater Infrastructure 2 Capitalization Program. The program shall finance single-year or 3 multiyear grants to municipalities and municipal authorities and 4 loans to municipalities, municipal authorities, industrial 5 development corporations and investor-owned water or wastewater 6 enterprises for projects which are approved by the Commonwealth 7 Financing Authority and which, when completed, construct, expand 8 or improve water and wastewater infrastructure which is related <-- 9 to economic development. 10 § 3904. Award of grants. 11 Upon being notified by the authority that a grant has been 12 approved under 64 Pa.C.S. § 1558(c) (relating to Water Supply 13 and Wastewater Infrastructure Program) for a municipality or 14 municipal authority, the department shall, within 45 days of 15 receiving notice, enter into a contract with the municipality or 16 municipal authority. The contract shall be for the amount 17 approved by the authority. Upon entering into a contract with 18 the municipality or municipal authority, the department shall 19 award the grant for the amount specified in the contract. 20 § 3905. Award and administration of loans. 21 (a) Award.-- 22 (1) Upon being notified that a loan has been approved 23 under 64 Pa.C.S. § 1558(d) (relating to Water Supply and 24 Wastewater Infrastructure Program) for an applicant, the 25 department shall, within 45 days of receiving notice, enter 26 into a contract with the applicant. The contract shall be for 27 the amount approved and shall specify the terms of the loan 28 in accordance with all of the following: 29 (i) A loan shall be at an interest rate not to 30 exceed 1%. 20040S1102B1756 - 4 -
1 (ii) A loan shall be for a term not to exceed 20 2 years. 3 (2) Upon entering into a contract with the applicant, 4 the department shall award the loan for the amount specified 5 in the contract. 6 (b) Administration.--Loans made under this section shall be 7 administered by the department. Loan payments received by the 8 department for a loan awarded under this section shall be 9 deposited in the General Fund. 10 § 3906. Funds. 11 (A) PROCEEDS.--Proceeds of the borrowing authorized by the <-- 12 electors pursuant to the act of February 12, 2004 (P.L.72, 13 No.10), known as the Water and Wastewater Treatment Project Bond 14 Act, shall be used by the department in funding grants and loans 15 awarded under this chapter. 16 (B) FUND.-- <-- 17 (1) THE WATER SUPPLY AND WASTEWATER TREATMENT FUND IS 18 ESTABLISHED AS A RESTRICTED FUND IN THE STATE TREASURY. 19 (2) THE FUND SHALL BE USED TO CARRY OUT THE PURPOSES OF 20 THIS CHAPTER. 21 (C) SINKING FUND.--THE WATER SUPPLY AND WASTEWATER TREATMENT 22 SINKING FUND IS ESTABLISHED TO RETIRE DEBT UNDER SECTION 3907(D) 23 (RELATING TO COMMONWEALTH INDEBTEDNESS). 24 § 3907. COMMONWEALTH INDEBTEDNESS. 25 (A) BORROWING AUTHORIZED.-- 26 (1) PURSUANT TO THE REFERENDUM UNDER THE ACT OF FEBRUARY 27 12, 2004 (P.L.72, NO.10), KNOWN AS THE WATER AND WASTEWATER 28 TREATMENT PROJECT BOND ACT, AND UNDER SECTION 7(A)(3) OF 29 ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA, THE ISSUING 30 OFFICIALS ARE AUTHORIZED AND DIRECTED TO BORROW OVER A THREE- 20040S1102B1756 - 5 -
1 YEAR PERIOD, ON THE CREDIT OF THE COMMONWEALTH, MONEY NOT 2 EXCEEDING IN THE AGGREGATE THE SUM OF $250,000,000, NOT 3 INCLUDING MONEY BORROWED TO REFUND OUTSTANDING BONDS, NOTES 4 OR REPLACEMENT NOTES, AS MAY BE FOUND NECESSARY TO CARRY OUT 5 THE PURPOSES OF THIS CHAPTER. 6 (2) AS EVIDENCE OF THE INDEBTEDNESS AUTHORIZED IN THIS 7 CHAPTER, GENERAL OBLIGATION BONDS OF THE COMMONWEALTH SHALL 8 BE ISSUED TO PROVIDE MONEY NECESSARY TO CARRY OUT THE 9 PURPOSES OF THIS CHAPTER. THE ISSUING OFFICIALS SHALL DIRECT 10 THE FOLLOWING: 11 (I) TOTAL AMOUNT. 12 (II) FORM. 13 (III) DENOMINATION. 14 (IV) TERMS AND CONDITIONS OF: 15 (A) ISSUE; 16 (B) REDEMPTION AND MATURITY; 17 (C) RATE OF INTEREST; AND 18 (D) TIME OF PAYMENT OF INTEREST, EXCEPT THAT THE 19 LATEST STATED MATURITY DATE SHALL NOT EXCEED 20 YEARS 20 FROM THE DATE OF THE FIRST OBLIGATION ISSUED TO 21 EVIDENCE THE DEBT. 22 (3) ALL BONDS AND NOTES ISSUED UNDER THE AUTHORITY OF 23 THIS CHAPTER SHALL BEAR FACSIMILE SIGNATURES OF THE ISSUING 24 OFFICIALS AND A FACSIMILE OF THE GREAT SEAL OF THE 25 COMMONWEALTH AND SHALL BE COUNTERSIGNED BY AN AUTHORIZED 26 OFFICER OF AN AUTHORIZED LOAN AND TRANSFER AGENT OF THE 27 COMMONWEALTH. 28 (4) ALL BONDS AND NOTES ISSUED IN ACCORDANCE WITH THIS 29 CHAPTER SHALL BE DIRECT OBLIGATIONS OF THE COMMONWEALTH. THE 30 FULL FAITH AND CREDIT OF THE COMMONWEALTH ARE PLEDGED FOR THE 20040S1102B1756 - 6 -
1 PAYMENT OF THE INTEREST ON THE BONDS AND NOTES, AS IT BECOMES 2 DUE, AND THE PAYMENT OF THE PRINCIPAL AT MATURITY. THE 3 PRINCIPAL OF AND INTEREST ON THE BONDS AND NOTES SHALL BE 4 PAYABLE IN LAWFUL MONEY OF THE UNITED STATES. 5 (5) ALL BONDS AND NOTES ISSUED UNDER THIS CHAPTER SHALL 6 BE: 7 (I) EXEMPT FROM TAXATION FOR STATE AND LOCAL 8 PURPOSES; AND 9 (II) ELIGIBLE FOR TAX-EXEMPT BOND FUNDING UNDER 10 EXISTING FEDERAL LAW. 11 (6) THE BONDS MAY BE ISSUED AS COUPON BONDS OR 12 REGISTERED AS TO BOTH PRINCIPAL AND INTEREST AS THE ISSUING 13 OFFICIALS DETERMINE. IF INTEREST COUPONS ARE ATTACHED, THEY 14 SHALL CONTAIN THE FACSIMILE SIGNATURE OF THE STATE TREASURER. 15 (7) THE ISSUING OFFICIALS SHALL PROVIDE FOR THE 16 AMORTIZATION OF THE BONDS IN SUBSTANTIAL AND REGULAR AMOUNTS 17 OVER THE TERM OF THE DEBT SO THAT THE BONDS OF EACH ISSUE 18 SHALL MATURE WITHIN A PERIOD NOT TO EXCEED THE APPROPRIATE 19 AMORTIZATION PERIOD AS SPECIFIED BY THE ISSUING OFFICIALS, 20 BUT IN NO CASE IN EXCESS OF 20 YEARS. THE FIRST RETIREMENT OF 21 PRINCIPAL SHALL BE STATED TO MATURE PRIOR TO THE EXPIRATION 22 OF A PERIOD OF TIME EQUAL TO ONE-TENTH OF THE TIME FROM THE 23 DATE OF THE FIRST OBLIGATION ISSUED TO EVIDENCE THE DEBT TO 24 THE DATE OF THE EXPIRATION OF THE TERM OF THE DEBT. 25 RETIREMENTS OF PRINCIPAL SHALL BE REGULAR AND SUBSTANTIAL IF 26 MADE IN ANNUAL OR SEMIANNUAL AMOUNTS, WHETHER BY STATED 27 SERIAL MATURITIES OR BY MANDATORY SINKING FUND RETIREMENTS. 28 (8) THE ISSUING OFFICIALS ARE AUTHORIZED TO PROVIDE BY 29 RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS FOR THE 30 PURPOSE OF REFUNDING DEBT ISSUED UNDER THIS CHAPTER AND THEN 20040S1102B1756 - 7 -
1 OUTSTANDING, EITHER BY VOLUNTARY EXCHANGE WITH THE HOLDERS OF 2 THE OUTSTANDING DEBT OR BY PROVIDING FUNDS TO REDEEM AND 3 RETIRE THE OUTSTANDING DEBT WITH ACCRUED INTEREST, ANY 4 PREMIUM PAYABLE ON THEM AND THE COSTS OF ISSUANCE AND 5 RETIREMENT OF THE DEBT, AT MATURITY OR AT ANY CALL DATE. THE 6 ISSUANCE OF THE REFUNDING BONDS, THE MATURITIES AND OTHER 7 DETAILS OF THE REFUNDING BONDS, THE RIGHTS OF THE HOLDERS OF 8 THE REFUNDING BONDS AND THE DUTIES OF THE ISSUING OFFICIALS 9 IN RESPECT TO THE REFUNDING BONDS SHALL BE GOVERNED BY THE 10 APPLICABLE PROVISIONS OF THIS CHAPTER. REFUNDING BONDS, WHICH 11 ARE NOT SUBJECT TO THE AGGREGATE LIMITATION OF $250,000,000 12 OF DEBT TO BE ISSUED PURSUANT TO THIS CHAPTER, MAY BE ISSUED 13 BY THE ISSUING OFFICIALS TO REFUND DEBT ORIGINALLY ISSUED OR 14 TO REFUND BONDS PREVIOUSLY ISSUED FOR REFUNDING PURPOSES. 15 (9) IF AN ACTION IS TO BE TAKEN OR A DECISION IS TO BE 16 MADE BY THE ISSUING OFFICIALS AND THE THREE OFFICERS ARE NOT 17 ABLE UNANIMOUSLY TO AGREE, THE ACTION OR DECISION OF THE 18 GOVERNOR AND EITHER THE AUDITOR GENERAL OR THE STATE 19 TREASURER SHALL BE BINDING AND FINAL. 20 (B) SALE OF BONDS.-- 21 (1) IF BONDS ARE ISSUED, THE FOLLOWING APPLY: 22 (I) BONDS SHALL BE OFFERED FOR SALE AT NOT LESS THAN 23 98% OF THE PRINCIPAL AMOUNT AND ACCRUED INTEREST. 24 (II) BONDS SHALL BE SOLD BY THE ISSUING OFFICIALS TO 25 THE HIGHEST AND BEST BIDDER AFTER PUBLIC ADVERTISEMENT ON 26 THE TERMS AND CONDITIONS AND UPON OPEN COMPETITIVE 27 BIDDING AS THE ISSUING OFFICIALS DIRECT. THE MANNER AND 28 CHARACTER OF THE ADVERTISEMENT AND THE TIME OF 29 ADVERTISING SHALL BE PRESCRIBED BY THE ISSUING OFFICIALS. 30 (III) NO COMMISSION SHALL BE ALLOWED OR PAID FOR THE 20040S1102B1756 - 8 -
1 SALE OF ANY BONDS ISSUED UNDER THE AUTHORITY OF THIS 2 CHAPTER. 3 (2) ANY PORTION OF ANY BOND ISSUE OFFERED AND NOT SOLD 4 OR SUBSCRIBED FOR AT PUBLIC SALE MAY BE DISPOSED OF BY 5 PRIVATE SALE BY THE ISSUING OFFICIALS IN A MANNER AND AT A 6 PRICE, NOT LESS THAN 98% OF THE PRINCIPAL AMOUNT AND ACCRUED 7 INTEREST, AS THE GOVERNOR DIRECTS. NO COMMISSION SHALL BE 8 ALLOWED OR PAID FOR THE SALE OF ANY BONDS ISSUED UNDER THE 9 AUTHORITY OF THIS CHAPTER. 10 (3) THE BONDS OF EACH ISSUE SHALL CONSTITUTE A SEPARATE 11 SERIES TO BE DESIGNATED BY THE ISSUING OFFICIALS OR MAY BE 12 COMBINED FOR SALE AS ONE SERIES WITH OTHER GENERAL OBLIGATION 13 BONDS OF THE COMMONWEALTH. 14 (4) UNTIL PERMANENT BONDS CAN BE PREPARED, THE ISSUING 15 OFFICIALS MAY ISSUE, IN LIEU OF PERMANENT BONDS, TEMPORARY 16 BONDS IN A FORM AND WITH PRIVILEGES AS TO REGISTRATION AND 17 EXCHANGE FOR PERMANENT BONDS AS DETERMINED BY THE ISSUING 18 OFFICIALS. 19 (5) THE PROCEEDS REALIZED FROM THE SALE OF BONDS AND 20 NOTES, EXCEPT REFUNDING BONDS AND REPLACEMENT NOTES, UNDER 21 THIS CHAPTER SHALL BE PAID INTO THE FUND AND ARE SPECIFICALLY 22 DEDICATED TO THE PURPOSES OF THIS CHAPTER. THE PROCEEDS SHALL 23 BE PAID BY THE STATE TREASURER PERIODICALLY TO THE DEPARTMENT 24 AT TIMES AND IN AMOUNTS AS NECESSARY TO SATISFY THE FUNDING 25 NEEDS OF THE DEPARTMENT UNDER THIS CHAPTER. THE PROCEEDS OF 26 THE SALE OF REFUNDING BONDS AND REPLACEMENT NOTES SHALL BE 27 PAID TO THE STATE TREASURER AND APPLIED TO THE PAYMENT OF 28 PRINCIPAL, ANY ACCRUED INTEREST AND PREMIUM, AND COST OF 29 REDEMPTION, OF THE BONDS AND NOTES FOR WHICH THE OBLIGATIONS 30 HAVE BEEN ISSUED. 20040S1102B1756 - 9 -
1 (6) PENDING THEIR APPLICATION FOR THE PURPOSES 2 AUTHORIZED, MONEY HELD OR DEPOSITED BY THE STATE TREASURER 3 MAY BE INVESTED OR REINVESTED AS ARE OTHER FUNDS IN THE 4 CUSTODY OF THE STATE TREASURER IN THE MANNER PROVIDED BY LAW. 5 ALL EARNINGS RECEIVED FROM THE INVESTMENT OR DEPOSIT OF THE 6 FUNDS SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF 7 THE FUND. 8 (7) THE AUDITOR GENERAL SHALL PREPARE THE NECESSARY 9 REGISTRY BOOK TO BE KEPT IN THE OFFICE OF THE AUTHORIZED LOAN 10 AND TRANSFER AGENT OF THE COMMONWEALTH FOR THE REGISTRATION 11 OF BONDS, AT THE REQUEST OF OWNERS OF THE BONDS, ACCORDING TO 12 THE TERMS AND CONDITIONS OF ISSUE DIRECTED BY THE ISSUING 13 OFFICIALS. 14 (8) THERE IS HEREBY APPROPRIATED TO THE STATE TREASURER 15 FROM THE FUND AS MUCH MONEY AS MAY BE NECESSARY FOR ALL COSTS 16 AND EXPENSES IN CONNECTION WITH THE ISSUE OF AND SALE AND 17 REGISTRATION OF THE BONDS AND NOTES IN CONNECTION WITH THIS 18 CHAPTER AND THE PAYMENT OF INTEREST ARBITRAGE REBATES OR 19 PROCEEDS OF THE BONDS AND NOTES. 20 (C) TEMPORARY FINANCING AUTHORIZATION.-- 21 (1) PENDING THE ISSUANCE OF BONDS OF THE COMMONWEALTH AS 22 AUTHORIZED, THE ISSUING OFFICIALS ARE AUTHORIZED, IN 23 ACCORDANCE WITH THIS CHAPTER AND ON THE CREDIT OF THE 24 COMMONWEALTH, TO MAKE TEMPORARY BORROWINGS NOT TO EXCEED ONE 25 YEAR IN ANTICIPATION OF THE ISSUE OF BONDS IN ORDER TO 26 PROVIDE FUNDS IN AMOUNTS AS DEEMED ADVISABLE PRIOR TO THE 27 ISSUE OF BONDS. IN ORDER TO PROVIDE FOR AND IN CONNECTION 28 WITH ANY TEMPORARY BORROWING, THE ISSUING OFFICIALS ARE 29 AUTHORIZED IN THE NAME AND ON BEHALF OF THE COMMONWEALTH TO 30 ENTER INTO PURCHASE, LOAN OR CREDIT AGREEMENT OR OTHER 20040S1102B1756 - 10 -
1 AGREEMENT WITH ANY BANK OR TRUST COMPANY, OTHER LENDING 2 INSTITUTION, INVESTMENT BANKING FIRM OR PERSON IN THE UNITED 3 STATES HAVING POWER TO ENTER INTO THE AGREEMENT. THE 4 AGREEMENT MAY CONTAIN PROVISIONS NOT INCONSISTENT WITH THIS 5 CHAPTER AS AUTHORIZED BY THE ISSUING OFFICIALS. 6 (2) TEMPORARY BORROWINGS MADE UNDER THIS SUBSECTION 7 SHALL BE EVIDENCED BY NOTES OF THE COMMONWEALTH. THE ISSUING 8 OFFICIALS SHALL AUTHORIZE AND DIRECT, IN ACCORDANCE WITH THIS 9 CHAPTER, ALL OF THE FOLLOWING: 10 (I) AMOUNT, NOT EXCEEDING IN THE AGGREGATE THE 11 APPLICABLE STATUTORY AND CONSTITUTIONAL DEBT LIMITATION. 12 (II) FORM. 13 (III) DENOMINATION. 14 (IV) TERMS AND CONDITIONS OF: 15 (A) SALE AND ISSUE; 16 (B) PREPAYMENT OR REDEMPTION AND MATURITY; 17 (C) RATE OF INTEREST; AND 18 (D) TIME OF PAYMENT OF INTEREST. 19 (3) AUTHORIZATION AND DIRECTION UNDER PARAGRAPH (2) MAY 20 PROVIDE FOR THE SUBSEQUENT ISSUANCE OF REPLACEMENT NOTES TO 21 REFUND OUTSTANDING NOTES OR REPLACEMENT NOTES. REPLACEMENT 22 NOTES SHALL EVIDENCE BORROWING AND MAY SPECIFY OTHER TERMS 23 AND CONDITIONS WITH RESPECT TO THE NOTES AND REPLACEMENT 24 NOTES AUTHORIZED FOR ISSUANCE AS THE ISSUING OFFICIALS 25 DETERMINE AND DIRECT. 26 (4) IF THE AUTHORIZATION AND DIRECTION OF THE ISSUING 27 OFFICIALS PROVIDE FOR THE ISSUANCE OF REPLACEMENT NOTES, THE 28 ISSUING OFFICIALS ARE AUTHORIZED IN THE NAME AND ON BEHALF OF 29 THE COMMONWEALTH TO ISSUE, ENTER INTO OR AUTHORIZE AND DIRECT 30 THE STATE TREASURER TO ENTER INTO AN AGREEMENT WITH ANY BANK, 20040S1102B1756 - 11 -
1 TRUST COMPANY, INVESTMENT BANKING FIRM OR OTHER INSTITUTION 2 OR PERSON IN THE UNITED STATES HAVING THE POWER TO ENTER INTO 3 THE AGREEMENT: 4 (I) TO PURCHASE OR UNDERWRITE AN ISSUE OR SERIES OF 5 ISSUES OF NOTES. 6 (II) TO CREDIT; TO ENTER INTO ANY PURCHASE, LOAN OR 7 CREDIT AGREEMENT; TO DRAW MONEY PURSUANT TO THE AGREEMENT 8 ON THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT; 9 AND TO ISSUE NOTES AS EVIDENCE OF BORROWINGS MADE UNDER 10 THE AGREEMENT. 11 (III) TO APPOINT AN ISSUING AND PAYING AGENT WITH 12 RESPECT TO NOTES. 13 (IV) TO DO ALL ACTS NECESSARY OR APPROPRIATE TO 14 PROVIDE FOR THE PAYMENT, WHEN DUE, OF THE INTEREST ON AND 15 THE PRINCIPAL OF THE NOTES. 16 (5) AN AGREEMENT UNDER PARAGRAPH (4) MAY PROVIDE FOR THE 17 COMPENSATION OF PURCHASERS OR UNDERWRITERS OF NOTES OR 18 REPLACEMENT NOTES BY DISCOUNTING THE PURCHASE PRICE OF THE 19 NOTES OR BY PAYMENT OF A FIXED FEE OR COMMISSION AT THE TIME 20 OF THEIR ISSUANCE. ALL OTHER COSTS AND EXPENSES, INCLUDING 21 FEES FOR AGREEMENTS RELATED TO THE NOTES, ISSUING AND PAYING 22 AGENT COSTS AND COSTS AND EXPENSES OF ISSUANCE, MAY BE PAID 23 FROM THE PROCEEDS OF THE NOTES. 24 (6) IF THE AUTHORIZATION AND DIRECTION OF THE ISSUING 25 OFFICIALS PROVIDE FOR THE ISSUANCE OF REPLACEMENT NOTES, THE 26 STATE TREASURER, AT OR PRIOR TO THE TIME OF DELIVERY OF THESE 27 NOTES OR REPLACEMENT NOTES, SHALL, SUBJECT TO THE 28 AUTHORIZATION AND DIRECTION OF THE ISSUING OFFICIALS, DO ALL 29 OF THE FOLLOWING: 30 (I) DETERMINE THE: 20040S1102B1756 - 12 -
1 (A) PRINCIPAL AMOUNTS; 2 (B) DATES OF ISSUE; 3 (C) INTEREST RATE OR PROCEDURE FOR ESTABLISHING 4 INTEREST RATES; 5 (D) RATES OF DISCOUNT; 6 (E) DENOMINATION; AND 7 (F) OTHER TERMS AND CONDITIONS RELATING TO 8 ISSUANCE. 9 (II) PERFORM ALL ACTS AND THINGS NECESSARY TO PAY OR 10 CAUSE TO BE PAID, WHEN DUE, ALL PRINCIPAL OF AND INTEREST 11 ON THE NOTES BEING REFUNDED BY REPLACEMENT NOTES AND TO 12 ASSURE THAT THE PAYMENT MAY DRAW UPON ANY MONEY AVAILABLE 13 FOR THAT PURPOSE PURSUANT TO A PURCHASE, LOAN OR CREDIT 14 AGREEMENT ESTABLISHED WITH RESPECT TO THE NOTES. 15 (7) OUTSTANDING NOTES EVIDENCING THE BORROWINGS MAY BE 16 FUNDED AND RETIRED BY THE ISSUANCE AND SALE OF THE BONDS OF 17 THE COMMONWEALTH AS AUTHORIZED IN THIS PARAGRAPH. THE 18 REFUNDING BONDS SHALL BE ISSUED AND SOLD NOT LATER THAN A 19 DATE ONE YEAR AFTER THE DATE OF ISSUANCE OF THE FIRST NOTES 20 EVIDENCING THE BORROWING TO THE EXTENT THAT PAYMENT OF THE 21 NOTES HAS NOT OTHERWISE BEEN MADE OR PROVIDED FOR BY SOURCES 22 OTHER THAN PROCEEDS OF REPLACEMENT NOTES. 23 (8) THE PROCEEDS OF ALL TEMPORARY BORROWING SHALL BE 24 PAID TO THE STATE TREASURER TO BE HELD AND DISPOSED OF IN 25 ACCORDANCE WITH THIS CHAPTER. 26 (D) DEBT RETIREMENT.-- 27 (1) ALL BONDS ISSUED UNDER THE AUTHORITY OF THIS CHAPTER 28 SHALL BE REDEEMED AT MATURITY, TOGETHER WITH ALL INTEREST 29 DUE. PRINCIPAL AND INTEREST PAYMENTS SHALL BE PAID FROM THE 30 SINKING FUND. FOR THE SPECIFIC PURPOSE OF REDEEMING THE BONDS 20040S1102B1756 - 13 -
1 AT MATURITY AND PAYING ALL INTEREST ON THE BONDS IN 2 ACCORDANCE WITH THE INFORMATION RECEIVED FROM THE GOVERNOR, 3 THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE SINKING 4 FUND FOR THE PAYMENT OF INTEREST ON THE BONDS AND NOTES AND 5 THE PRINCIPAL OF THE BONDS AND NOTES AT MATURITY. ALL MONEY 6 PAID INTO THE SINKING FUND AND ALL OF THE MONEY NOT NECESSARY 7 TO PAY ACCRUING INTEREST SHALL BE INVESTED BY THE STATE 8 TREASURER IN SECURITIES AS ARE PROVIDED BY LAW FOR THE 9 INVESTMENT OF THE SINKING FUNDS OF THE COMMONWEALTH. 10 (2) THE STATE TREASURER SHALL DETERMINE AND REPORT TO 11 THE SECRETARY OF THE BUDGET BY NOVEMBER 1 OF EACH YEAR THE 12 AMOUNT OF MONEY NECESSARY FOR THE PAYMENT OF ANY INTEREST ON 13 OUTSTANDING OBLIGATIONS AND THE PRINCIPAL OF THE OBLIGATIONS 14 FOR THE FOLLOWING FISCAL YEAR AND THE TIMES AND AMOUNTS OF 15 THE PAYMENTS. THE GOVERNOR SHALL INCLUDE IN EVERY BUDGET 16 SUBMITTED TO THE GENERAL ASSEMBLY FULL INFORMATION RELATING 17 TO THE ISSUANCE OF BONDS AND NOTES UNDER THIS CHAPTER AND THE 18 STATUS OF THE FUND AND THE SINKING FUND FOR THE PAYMENT OF 19 INTEREST ON THE BONDS AND NOTES AND THE PRINCIPAL OF THE 20 BONDS AND NOTES AT MATURITY. 21 (3) THE GENERAL ASSEMBLY SHALL APPROPRIATE FOR DEPOSIT 22 INTO THE SINKING FUND AN AMOUNT EQUAL TO THE SUM NECESSARY TO 23 MEET REPAYMENT OBLIGATIONS FOR PRINCIPAL AND INTEREST. 24 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "ISSUING 25 OFFICIALS" MEANS THE GOVERNOR, THE AUDITOR GENERAL AND THE STATE 26 TREASURER. 27 Section 2. Section 1504 of Title 64, added April 1, 2004 <-- 28 (P.L.163, No.22), is amended by adding a definition to read: 29 § 1504. Definitions. 30 The following words and phrases when used in this chapter 20040S1102B1756 - 14 -
1 shall have the meaning given to them in this section unless the 2 context clearly indicates otherwise: 3 * * * 4 "Investor-owned water or wastewater enterprise." A nonpublic 5 entity which supplies water or provides wastewater services to 6 the public for a fee. 7 * * * 8 SECTION 3. SECTION 1543(C) OF TITLE 64, ADDED APRIL 1, 2004 <-- 9 (P.L.163, NO.22), IS AMENDED TO READ: 10 § 1543. INDEBTEDNESS. 11 * * * 12 (C) FISCAL YEAR LIMITATIONS.-- 13 (1) EXCEPT AS PROVIDED IN SUBSECTION (D) AND PARAGRAPHS 14 (2), (3) AND (4), THE AGGREGATE AMOUNT OF INDEBTEDNESS 15 INCURRED BY THE AUTHORITY, INCLUDING THROUGH THE ISSUANCE OF 16 BONDS, MAY NOT EXCEED $250,000,000 REDUCED BY THE AGGREGATE 17 AMOUNT OF COMMONWEALTH INDEBTEDNESS INCURRED [AS A RESULT OF 18 THE ACT OF FEBRUARY 12, 2004 (P.L.72, NO.10), KNOWN AS THE 19 WATER AND WASTEWATER TREATMENT PROJECT BOND ACT] UNDER 12 20 PA.C.S. CH. 39 (RELATING TO WATER SUPPLY AND WASTEWATER 21 INFRASTRUCTURE CAPITALIZATION). 22 (2) EXCEPT AS PROVIDED IN SUBSECTION (D) AND PARAGRAPHS 23 (3) AND (4) AND UPON ADOPTION OF A RESOLUTION UNDER 24 SUBSECTION (F)(1), THE AGGREGATE AMOUNT OF INDEBTEDNESS 25 INCURRED BY THE AUTHORITY, INCLUDING THROUGH THE ISSUANCE OF 26 BONDS, MAY NOT EXCEED $500,000,000 REDUCED BY THE AGGREGATE 27 AMOUNT OF COMMONWEALTH INDEBTEDNESS INCURRED [AS A RESULT OF 28 THE WATER AND WASTEWATER TREATMENT PROJECT BOND ACT] UNDER 12 29 PA.C.S. CH. 39. 30 (3) EXCEPT AS PROVIDED IN SUBSECTION (D) AND PARAGRAPH 20040S1102B1756 - 15 -
1 (4) AND UPON ADOPTION OF A RESOLUTION UNDER SUBSECTION 2 (F)(2), THE AGGREGATE AMOUNT OF INDEBTEDNESS INCURRED BY THE 3 AUTHORITY, INCLUDING THROUGH THE ISSUANCE OF BONDS, MAY NOT 4 EXCEED $750,000,000 REDUCED BY THE AGGREGATE AMOUNT OF 5 COMMONWEALTH INDEBTEDNESS INCURRED [AS A RESULT OF THE WATER 6 AND WASTEWATER TREATMENT PROJECT BOND ACT] UNDER 12 PA.C.S. 7 CH. 39. 8 (4) EXCEPT AS PROVIDED IN SUBSECTION (D) AND UPON 9 ADOPTION OF A RESOLUTION UNDER SUBSECTION (F)(3), THE 10 AGGREGATE AMOUNT OF INDEBTEDNESS INCURRED BY THE AUTHORITY, 11 INCLUDING THROUGH THE ISSUANCE OF BONDS, MAY NOT EXCEED 12 $1,000,000,000 REDUCED BY THE AGGREGATE AMOUNT OF 13 COMMONWEALTH INDEBTEDNESS INCURRED [AS A RESULT OF THE WATER 14 AND WASTEWATER TREATMENT PROJECT BOND ACT] UNDER 12 PA.C.S. 15 CH. 39. 16 * * * 17 Section 3 4. Title 64 is amended by adding a section to <-- 18 read: 19 § 1558. Water Supply and Wastewater Infrastructure Program. 20 (a) Establishment.--There is established a program to be 21 known as the Water Supply and Wastewater Infrastructure Program. 22 The program shall provide financial assistance in the form of 23 single-year or multiyear grants to municipalities and municipal 24 authorities and in the form of loans to municipalities, 25 municipal authorities, industrial development corporations and 26 investor-owned water or wastewater enterprises for projects 27 which, when completed, construct, expand or improve water and 28 wastewater infrastructure which is related to economic <-- 29 development. 30 (b) Application.--A municipality, a municipal authority, an 20040S1102B1756 - 16 -
1 industrial development corporation or an investor-owned water or 2 wastewater enterprise may submit an application to the authority 3 requesting financial assistance for a project. The application 4 must be on the form required by the board and must include or 5 demonstrate all of the following: 6 (1) The name and address of the applicant. 7 (2) A statement of the type and amount of financial 8 assistance sought. If the applicant is requesting financial 9 assistance in the form of a grant, the request may not exceed 10 75% of the cost of the project. 11 (3) A statement of the project, including a detailed 12 statement of the cost of the project. 13 (4) A financial commitment from a responsible source for 14 any cost of the project in excess of the amount requested. If 15 the applicant is requesting financial assistance in the form 16 of a grant from the department, the financial commitment may 17 not be in the form of a grant from a Commonwealth agency. 18 (5) A firm commitment from the project user to use the 19 project upon completion. 20 (6) Proof that the applicant has secured planning and 21 permit approvals for the project from the Department of 22 Environmental Protection. 23 (7) DOCUMENTATION THAT THE PROJECT MEETS AT LEAST ONE OF <-- 24 THE FOLLOWING CRITERIA: 25 (I) THE PROJECT WILL REPAIR OR REHABILITATE EXISTING 26 SEWER AND WATER SYSTEMS THAT ARE UNSAFE OR UNRELIABLE AND 27 THAT THREATEN PUBLIC HEALTH AND WATER QUALITY. 28 (II) THE PROJECT WILL ELIMINATE EXISTING COMBINED 29 SEWER OVERFLOW AND SANITARY SEWER OVERFLOW PROBLEMS WHILE 30 ENSURING THAT ALL COMBINED AND SANITARY SEWAGE DISCHARGES 20040S1102B1756 - 17 -
1 RECEIVE AT LEAST SECONDARY SEWAGE TREATMENT. 2 (III) THE PROJECT WILL PROVIDE SUPPORT FOR 3 ALTERNATIVE APPROACHES TO ADDRESS COMBINED SEWER OVERFLOW 4 AND SANITARY SEWER OVERFLOW PROBLEMS, INCLUDING 5 DISTRIBUTED STORM WATER AND DECENTRALIZED WASTEWATER 6 TREATMENT. 7 (IV) THE PROJECT WILL REPAIR, REHABILITATE OR 8 OTHERWISE USE IN-PLACE SURPLUS CAPACITY FOR ECONOMIC 9 DEVELOPMENT IN EXISTING COMMUNITIES THAT ARE CURRENTLY 10 SERVED BY EXISTING SEWER AND WATER SYSTEMS. 11 (V) THE PROJECT WILL CONSTRUCT SEWER OR WATER 12 SYSTEMS WHERE THERE ARE COMPELLING PUBLIC HEALTH ISSUES 13 OR AN ECONOMIC DEVELOPMENT PROJECT THAT CAN ONLY BE 14 RESOLVED BY CONSTRUCTING SUCH SYSTEMS. SUCH SYSTEMS MUST 15 BE GENERALLY CONSISTENT WITH APPLICABLE MUNICIPAL PLANS 16 UNDER THE ACT OF JANUARY 24, 1966 (1965 P.L.1535, 17 NO.537), KNOWN AS THE PENNSYLVANIA SEWAGE FACILITIES ACT, 18 AND COUNTY AND LOCAL COMPREHENSIVE PLANS. 19 (7) (8) Any other information required by the board. <-- 20 (c) Review and approval of grant applications.-- 21 (1) If an applicant is requesting financial assistance 22 in the form of a grant, the authority, in conjunction with 23 the Department of Environmental Protection, shall review the 24 application to determine all of the following: 25 (i) That the applicant is not an investor-owned 26 water or wastewater enterprise. 27 (ii) If the project is related to economic <-- 28 development. 29 (iii) (II) If there is a financial commitment for at <-- 30 least 25% of the project. 20040S1102B1756 - 18 -
1 (iv) (III) If the source of the financial commitment <-- 2 is from a responsible source. 3 (v) (IV) If the municipality or municipal authority <-- 4 is firmly committed to using the project upon completion. 5 (vi) (V) If the municipality or municipal authority <-- 6 has secured planning and permit approvals for the project 7 from the Department of Environmental Protection. 8 (vii) (VI) That the municipality or municipal <-- 9 authority did not receive a grant or loan under section 10 1551 (relating to Business in Our Sites Program) for the 11 project. 12 (viii) (VII) If the municipality or municipal <-- 13 authority complied with all other criteria established by 14 the board. 15 (2) Upon being satisfied that all program requirements 16 have been met, the authority may approve the application in 17 accordance with all of the following: 18 (i) The grant may not exceed $5,000,000 per project. 19 (ii) Grants under this program shall not exceed 20 $10,000,000 in the aggregate per municipality or 21 municipal authority. 22 (iii) The aggregate amount of grants awarded under 23 this subsection shall not exceed $125,000,000. 24 (3) If the authority approves the application, the 25 authority shall notify the department of the amount approved. 26 (4) Nothing in this subsection shall be construed to 27 prohibit the awarding of grants to municipalities in which 28 the water supply or wastewater services are provided in whole 29 or in part by an investor-owned water or wastewater 30 enterprise. 20040S1102B1756 - 19 -
1 (d) Review and approval of loan applications.-- 2 (1) If an applicant is requesting financial assistance 3 in the form of a loan, the authority, in conjunction with the 4 Department of Environmental Protection, shall review the 5 application to determine all of the following: 6 (i) If the project is related to economic <-- 7 development. 8 (ii) (I) IF A FINANCIAL COMMITMENT EXISTS FOR ANY <-- 9 COST OF THE PROJECT IN EXCESS OF THE AMOUNT REQUESTED. 10 (III) (II) If the source of the financial commitment <-- 11 is from a responsible source. 12 (iv) (III) If the project user is firmly committed <-- 13 to using the project upon completion. 14 (v) (IV) If the applicant has secured planning and <-- 15 permit approvals for the project from the Department of 16 Environmental Protection. 17 (vi) (V) That the applicant did not receive a grant <-- 18 or loan under section 1551 for the project. 19 (vii) (VI) If the applicant complied with all other <-- 20 criteria established by the board. 21 (2) Upon being satisfied that all program requirements 22 have been met, the board may approve the application in 23 accordance with all of the following: 24 (i) The loan may not exceed $5,000,000 per project. 25 (ii) Loans under this program shall not exceed 26 $10,000,000 in the aggregate per applicant. 27 (3) If the authority approves the application, the 28 authority shall notify the department of the amount approved. 29 Section 4 5. This act shall take effect immediately. <-- E18L12BIL/20040S1102B1756 - 20 -