HB 2096 — forgivable financial assistance; cesspool remediation

110 Stat.

1613) that is located in this state.

(b) Does not include water systems owned by federal agencies.

7.

"Financial assistance loan repayment agreement" means an agreement to repay a loan provided to design, construct, acquire, - 3 - H.B.

2096 rehabilitate or improve water or wastewater infrastructure, related property and appurtenances or a loan provided to finance a water supply development project.

8.

"Imported water" means any water that originates outside of this state and that is made available to water users within this state by conveyance or exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund.

9.

"Import water" means to make water originating outside of this state available to water users within this state by conveyance or exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund.

10.

"Indian tribe" means any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation.

11.

"Long-term water augmentation bonds" means bonds that are issued by the authority in accordance with article 4 of this chapter.

12.

"Long-term water augmentation fund" means the fund established by section 49-1302.

13.

"Nonpoint source project" means a project designed to implement a certified water quality management plan OR THIS STATE'S NONPOINT SOURCE MANAGEMENT PLAN THAT IS DEVELOPED PURSUANT TO SECTION 319 OF THE CLEAN WATER ACT AND APPROVED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.

14.

"Political subdivision" means a county, city, town or special taxing district authorized by law to construct wastewater treatment facilities, drinking water facilities or nonpoint source projects.

15.

"Private partner" means a person, entity or organization that is not the federal government, this state or a political subdivision of this state.

16.

"Public-private partnership project" means any water supply development project that is the subject of a public-private partnership agreement in accordance with this chapter.

17.

"Safe drinking water act" means the federal safe drinking water act of 1974 (P.L.

93-523;

88 Stat.

1660;

P.L.

95-190;

91 Stat.

1393;

P.L.

104-182;

110 Stat.

1613), as amended in 1996.

18.

"Technical assistance loan repayment agreement" means either of the following:

(a) An agreement to repay a loan provided to develop, plan and design water or wastewater infrastructure, related property and appurtenances.

The agreement shall be for a term of not more than three - 4 - H.B.

2096 years and the maximum amount that may be borrowed is limited to not more than $500,000.

(b) An agreement to repay a loan provided to develop, plan or design a water supply development project.

19.

"Wastewater treatment facility" means a treatment works, as defined in section 212 of the clean water act, that is located in this state and that is designed to hold, cleanse or purify or to prevent the discharge of untreated or inadequately treated sewage or other polluted waters for purposes of complying with the clean water act.

20.

"Water provider" means any of the following:

(a) A municipal water delivery system as defined in section 42-5301.

(b) A county water augmentation authority established under title 45, chapter 11.

(c) A county water authority established under title 45, chapter 13.

(d) An Indian tribe.

(e) A community facilities district as established by title 48, chapter 4.

(f) A public water system as prescribed in section 49-352.

(g) A county with a population of less than three hundred thousand persons.

(h) A natural resource conservation district.

(i) For purposes of funding from the water supply development revolving fund pursuant to article 3 of this chapter only, a county that enters into an intergovernmental agreement or other formal written agreement with a city, town or other water provider regarding a water supply development project.

21.

"Water-related facilities" means any facility related to the production, delivery, conservation or storage of water, including any canals, pipelines, desalination plants, pumping stations, storage projects, recovery wells, delivery and retention projects, water and wastewater treatment plants, and other equipment and facilities installed for water conservation purposes, together with any land, buildings or other improvements and equipment or personal property related thereto.

22.

"Water supply development" means any of the following:

(a) Acquiring water or rights to or contracts for water to augment the water supply of a water provider, including any environmental or other reviews, permits or plans reasonably necessary for that acquisition.

(b) Planning, designing, building or developing water-related facilities, including any environmental or other reviews, permits or plans reasonably necessary for those facilities, for any of the following purposes:

(i) Conveyance or delivery of water.

(ii) Storage or recovery of water under title 45, chapter 3.1.

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2096 (iii) Reclamation, remediation and reuse of water, including by a reclamation or remediation project that is approved by the United States environmental protection agency and that increases the availability of water.

(iv) Replenishment of groundwater.

(v) Active or passive stormwater recharge structures that increase water supplies.

(c) Conservation through reducing existing water use or more efficient uses of existing water supplies.

Sec.

3.

-4. 3 - H.B.

2096 4.

(a)- Political6 subdivisions- thatH.B. are issued to finance wastewater treatment projects.

2096 (a) Political subdivisions that are issued to finance wastewater treatment projects.

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2096 12.

Any fees collected pursuant to this paragraph- constitute7 governmental- revenueH.B. and may be used for any purpose consistent with the mission and objectives of the authority.

2096 paragraph constitute governmental revenue and may be used for any purpose consistent with the mission and objectives of the authority.

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2096 D.

F.- 8 - H.B.

2096 F.

3.4.

-2. 6 - H.B.

2096 2.

Sec.- 9 - H.B.

4.2096 Sec.

5.

The auditor general shall audit the circumstances surrounding the depletion of the fund and -report 7the -findings H.B.to the attorney general.

2096 report the findings to the attorney general.

All proceeds of capitalization grants received from the United States pursuant to the clean water act shall be deposited in the capitalization grant transfer account and shall be used solely to provide financial- assistance10 to- politicalH.B. subdivisions and Indian tribes to construct, acquire, restore or rebuild wastewater treatment facilities, to purchase bond insurance or for any other purpose permitted by the clean water act including nonpoint source projects.

2096 financial assistance to political subdivisions and Indian tribes to construct, acquire, restore or rebuild wastewater treatment facilities, to purchase bond insurance or for any other purpose permitted by the clean water act including nonpoint source projects.

5.6.

-8. 8 - H.B.

2096 8.

If the monies pledged to secure water quality bonds become insufficient to pay the principal and interest on the water quality bonds guaranteed by the drinking water revolving fund, the board shall direct the state treasurer to liquidate securities in the fund as may be necessary and shall apply those proceeds to make current all payments then due- on11 the- bonds.H.B.

2096 due on the bonds.

6.7.

-2. 9 - H.B.

2096 2.

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2096 APPROVED BY THE GOVERNOR JUNE 4, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 05, 2026.

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