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Return toCurrent DEQ Rulemaking Activity See AlsoAdministrative
Rules Process Overview On Department of Administration Web site DEQ Administrative Rules CoordinatorPaula Wilson DEQ State Office 1410 N. Hilton Boise, Idaho 83706 ph: (208) 373-0418 fx: (208) 373-0481 |
DEQ Rulemaking: Rules for Administration of
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| Rulemaking to allow DEQ to collect a fee in the form of a percentage of each Drinking Water State Revolving Fund loan. Adoption of this rule would reclassify a portion of the interest due on loans to a loan fee with no monetary effect on loan recipients. |
Overview |
Currently, State General Fund monies support facility planning efforts. The recent strain on the State’s General Fund resources is driving an effort to find alternative funding sources. If the Drinking Water Loan Program were to collect loan fees, those loan fees could be used as a substitute for State General Fund monies in supporting Idaho communities’ infrastructure planning efforts. With the expected reduction of State General Fund support for drinking water facility planning efforts, the establishment of an alternate funding source will continue support for Idaho drinking water systems to prepare for infrastructure construction. The purpose of this rulemaking is to revise the Rules for Administration of Drinking Water Loan Program to allow DEQ to collect a fee in the form of a percentage of each loan. The fees collected will be used to provide funds for supporting planning efforts and for loan program administration. The actual interest rate charged on Drinking Water State Revolving Fund (DWSRF) loans will be reduced by the amount of the fee charged so that there is no cost to the communities using the DWSRF loans. The fee revenues can then be used to fund planning grants (as currently allowed for in the Rules for Administration of Planning Grants for Public Drinking Water Facilities, IDAPA 58.01.22). The proposed revisions are consistent with the loan fee structure set out in Section 032 of the Rules for Administration of Water Pollution Control Loans, IDAPA 58.01.12. If adopted by the Board of Environmental Quality, DEQ intends to initiate proposed rulemaking by publishing this rule in the January 2010 issue of the Idaho Administrative Bulletin. |
Negotiated Rulemaking |
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Adoption of this rule would reclassify a portion of the interest due on loans to a loan fee with no monetary effect on loan recipients. Due to the nature of this rulemaking, DEQ does not intend to conduct negotiations. |
Temporary Rule Justification |
Pursuant to Sections 67-5226(1)(a) and (c), Idaho Code, the Governor has found that temporary adoption of the rule is necessary for protection of public health and to confer a benefit. Adoption of this temporary rule would confer a benefit to the citizens of the state of Idaho in that a reserve fund would become available to supplement planning efforts. In addition, the Governor has found that the fee imposed in this rule meets the criteria set out in Section 67-5226(2), Idaho Code. |
Fee Summary |
Unless this fee is implemented in FY 2010, DEQ will lose the capacity to assist drinking water systems’ facility planning efforts and may have to curtail administrative oversight of the loan program due to shrinking administrative funds. Imposition of the fee is authorized by Idaho Code §§ 39-119 and 39-3627(4). |
Effective Date |
January 6, 2010 › View Rulemaking Summary (pdf format). › View Rule Recommended for Temporary Adoption (pdf format). |
DEQ Contact |
| Tim Wendland at tim.wendland@deq.idaho.gov, (208) 373-0439. |
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