644.122. Water and wastewater loan fund established--use of funds--deposits, disbursements--exempt from transfer to general revenue.

Water and wastewater loan fund established--use of funds--deposits,disbursements--exempt from transfer to general revenue.

644.122. 1. There is hereby created in the state treasury for use ofthe department a fund to be known as "The Water and Wastewater Loan Fund".All moneys received by the department for activities authorized insubdivisions (1), (3), (4), (5), and (6) of subsection 2 of this sectionshall be deposited in the fund for the use of the commission. Moneysreceived for the drinking water state revolving fund shall be used for thepurposes identified in the federal Safe Drinking Water Act as amended andshall be accounted for separately.

2. The commission is hereby authorized to expend or use moneysdeposited in the water and wastewater loan fund, upon appropriation by thegeneral assembly to the department, for one or more of the followingpurposes as the same relate to the construction of public drinking waterand water pollution control projects as authorized by the commissionpursuant to this chapter:

(1) To make loans to any county, instrumentality of the state,municipality, public water district, public sewer district, community watersystem, nonprofit noncommunity water system or any combination of the same,or any entity eligible pursuant to the Safe Drinking Water Act, as amended,or the Clean Water Act, as amended;

(2) For the costs of administering programs and projects financed, inpart, by the water and wastewater loan fund;

(3) As a source of revenue or security for the payment of principaland interest on revenue or general obligation bonds or notes issued by thestate or any agency or instrumentality thereof;

(4) To buy or refinance the debt obligation of any county,instrumentality of the state, municipality, public water district, publicsewer district, community water system, nonprofit noncommunity watersystem, or any combination of the same;

(5) To guarantee, or purchase insurance for, notes or obligations ofany county, instrumentality of the state, municipality, public waterdistrict, public sewer district, community water system, nonprofitnoncommunity water system or any combination of the same, where such actionwould improve credit market access or reduce interest rates;

(6) To provide loan guarantees for similar revolving fundsestablished by any county, instrumentality of the state, municipality,public water district, public sewer district, or any combination of thesame; and

(7) To earn interest on the water and wastewater loan fund accounts.

3. The unexpended balance in the water and wastewater loan fund atthe end of the biennium shall not be transferred to the ordinary revenuefund of the state treasury and accordingly shall be exempt from theprovisions of section 33.080, RSMo, relating to transfer of funds to theordinary revenue funds of the state by the state treasurer.

4. For purposes of this section, public drinking water and waterpollution control projects shall include, but not be limited to, theplanning, design, and construction of water or wastewater facilities, orboth, and the planning, design, and construction of nonpoint source controlfacilities identified in a nonpoint source control plan prepared by thedepartment of natural resources.

(L. 1987 H.B. 497, A.L. 1991 S.B. 185, A.L. 1993 H.B. 566, A.L. 1998 H.B. 1161, A.L. 2000 S.B. 741)