TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 486
AID TO MUNICIPALITIES FOR WATER POLLUTION CONTROL

Section 486:3

    486:3 Alternate State Contribution. –
I. The North Conway Water Precinct or any of the municipalities of Derry, Salem, Wolfeboro, Hampton, Sunapee, Rochester, Laconia or any other municipality in receipt of an order issued by the department according to its priority criteria to undertake the construction of sewage disposal facilities in accordance with the provisions of RSA 485 or 485-A without the benefit of a federal grant is entitled to an alternate state contribution. This alternate contribution shall consist of the payment of 20 percent of the annual amortization charges, meaning principal and interest, on the original costs resulting from the acquisition and construction of the sewage disposal facilities. The word "construction" shall include engineering services, in addition to the construction of new sewage treatment plants, pumping stations, and intercepting sewers; and the altering, improving or adding to existing treatment plants, pumping stations and existing intercepting sewers, provided that the construction has been directed by the department or is an undertaking designed to control or reduce pollution in the ground or surface waters of the state, as defined in RSA 485-A:2, and provided that the plan for the facilities is approved in accordance with RSA 485:8. The term "original costs" as used in this section shall mean the entire cost of the construction as defined above, excluding land acquisition, easements, and rights of way necessary to the project.
II. In addition to any state contribution provided in this chapter, the commissioner of the department of environmental services, with approval from the governor and council, may, upon review of plans submitted by a municipality, and within the limits of available appropriations, pay 10 percent of the annual amortization charges, meaning principal and interest, on the eligible costs resulting from the acquisition and construction of sewage disposal facilities when such acquisition or construction will result in user fees that are 20 percent above the state-wide average for residential users, due to the adverse impact on the municipality's residences and businesses caused by such user fees. The term "eligible costs" as used in this paragraph shall exclude land acquisition, except for land which shall be an integral part of a treatment process; easements and rights of way necessary to the project; collector sewers; and any administrative, legal and fiscal costs related to the project.
III. In addition to any other state contribution provided under this chapter to municipalities for water pollution control, the commissioner may, with approval from the governor and council, and upon review of plans and specifications submitted by a municipality and within the limits of available appropriations, pay 10 percent of the annual amortization charges, meaning principal and interest, on the eligible costs resulting from the acquisition and construction of septage and sludge handling and treatment facilities when such acquisition or construction will result in increased septage handling and/or treatment capacity to meet the septage disposal needs for that municipality, and pay 2 percent of the annual amortization charges, meaning principal and interest, on the eligible costs resulting from the acquisition and construction of septage and sludge handling and treatment facilities when such acquisition or construction will result in increased septage handling and/or treatment capacity to meet the septage disposal needs for each additional New Hampshire municipality pursuant to RSA 485-A:5-b, but not to exceed a total of 50 percent total contribution, including other contribution provided by this chapter. The term "eligible costs" as used in this paragraph shall exclude land acquisition, except for land that shall be an integral part of a treatment process; easements and rights of way necessary to the project; and any administrative, legal, and fiscal costs related to the project.

Source. 1989, 339:1. 1992, 277:1. 1996, 228:106. 2002, 209:2, eff. July 1, 2003.