Amendment #252 to H.4100

Amendment #252 to H4100

Dam and Seawall Infrastructure Funds

Representatives Cantwell of Marshfield, deMacedo of Plymouth, Dykema of Holliston, Chan of Quincy, Calter of Kingston, Garry of Dracut, Murphy of Weymouth, Nyman of Hanover, Schmid of Westport, Garlick of Needham, Stanley of Waltham, Lawn of Watertown and Spiliotis of Peabody moves to amend the bill in Section 37 by striking the section in its entirety and inserting in place thereof the words:

"2FFFF. There shall be established and set upon the books of the commonwealth two separate funds to be known as the Coastal and Shorefront Infrastructure Fund (“CASIF”) and the Public Safety Infrastructure Revolving Fund for Dams and Inland Flood Protection. The funds shall initially be funded with a total of $10 million for the two accounts, with $5 million for CASIF and $5 million for Public Safety Infrastructure Revolving Fund for Dams and Inland Flood Protection.

(a)The Coastal and Shorefront Infrastructure Fund.

(i)The Executive Office of Environmental Affairs shall apply monies in CASIF for the purpose of providing financial assistance to local governmental units and other eligible borrowers as provided herein, as beneficiaries of the fund, to finance or refinance costs of eligible coastal and shorefront infrastructure projects including but not limited to seawalls, revetments, “sea surge” control and other means of flood control.

(ii) The Executive Office of Environmental Affairs shall receive hold, administer and disburse without further appropriation or allotment by the Commonwealth in and from the Coastal and Shorefront Infrastructure Fund exclusively for the benefit of the beneficiaries thereof the following monies: (A) amounts appropriated by the Massachusetts Legislature for purposes of the fund; (B) proceeds allocated by the Federal Emergency Management Agency to the Commonwealth for coastal flood prevention, shorefront protection, disaster assistance, or purposes consistent with the CASIF; (C) proceeds allocated by the Water Pollution Abatement Trust consistent with its mission to protect drinking water supplies and with the purposes of the CASIF; (D) applicable proceeds from the Department of Conservation and Recreation consistent with the purposes of the CASIF; (E) applicable proceeds from the Seaport Council consistent with the purposed of the CASIF; (F) investment earnings on monies in the fund; and (G) any other amounts required to be credited to the fund by any law or by any resolution, loan agreement or trust agreement.

(iii) Without limiting the generality of the foregoing, the Executive Office of Environmental Affairs or its applicable designee within the Department of Conservation and Recreation (“Department”), may apply and disburse monies and revenues of the Coastal and Shorefront Infrastructure Fund: (A) to make, and enter into binding commitments to make, loans and other forms of financial assistance authorized by the Department to local governmental units and other eligible borrowers for the purpose of financing or refinancing costs of flood control and coastal protection projects or portions thereof which have been approved by the Department, including approval of the costs of such projects or portion thereof eligible to receive financial assistance as provided in this section, and completed, as determined by the Department, after the promulgation date of the Department’s regulations implementing its powers under this section and to provide for all or any part of the debt service costs on loans and other forms of financial assistance made during the construction of such projects and for such period thereafter as the Department shall determine; (B) to provide reserves for or otherwise secure bonds and to provide insurance and letters or lines of credit or other credit enhancement which it deems reasonable and appropriate for bonds; (C) to provide, and enter into binding commitments to provide, a subsidy for, or to otherwise assist local governmental units and other eligible borrowers in the payment of, debt service costs on loans and other forms of financial assistance made pursuant to this section and to provide any other subsidization authorized by the Department in addition to the subsidy or other assistance authorized by this section; (D) to provide reserves for, or to otherwise secure, amounts payable by local governmental units and other eligible borrowers on, loans and other forms of financial assistance made by the Department pursuant to this section; and (E) to provide payment from any available source for reasonable and necessary professional and financial services incident to the conduct of the programs of EOEA, including costs of issuance of its bonds.

(iv) The Coastal and Shorefront Infrastructure Fund shall initially be funded with five million dollars appropriated by the Legislature.

(v) The Department of Conservation and recreation shall establish standards, guidelines, criteria and other rules and regulations for the administration and implementation of their powers under this section including, without limitation, a priority system and priority list for the approval of projects, the determination of eligible borrowers and eligible costs of projects and the terms and conditions of loans and/or grants by the Department. As an aid in determining the priority list for the CASIF the Department shall utilize the Massachusetts Coastal Infrastructure Inventory and Assessment Report completed by the Commonwealth’s Department of Conservation and Recreation in October of 2009, and any update to said Report. Other factors which the Department shall consider when prioritizing loans and or grants through the CASIF include:

(A) affirmative steps taken by local communities to identify future infrastructure needs as sea level rises

(B) applicable data from FEMA, or the National Flood Insurance Program demonstrating areas in the Commonwealth that are subject to repetitive property damage and are therefore a priority for coastal and shorefront infrastructure projects

(vi) Issuing contracts for the CASIF shall be issued through EOEA or through its designee, the Division of Waterways within the Department of Conservation and Recreation, which currently administers grants and loans under Ch. 91 with the Rivers and Harbors Program.

(vii) EOEA or the Department shall be permitted to loan monies for the CASIF for eligible projects at interest rates no greater than 2%.

(viii) EOEA or the Department are also expressly permitted to provide grants to communities from said Coastal and Shorefront Infrastructure Fund. Grants from said CASIF shall require matching funds from the applicant community. To demonstrate a local commitment for receiving a Coastal and Shorefront infrastructure improvement grant an applicant/community must appropriate matching funds equal to 50% of the CASIF grant. Matching funds under this section shall be defined to be expenditures from communities commencing in July of 2010 to present day for coastal and shorefront infrastructure projects.

(b) The Public Safety Infrastructure Revolving Fund for Dams and Inland Flood Protection.

(i) In addition to the powers and duties of the board otherwise provided in section 18 of this chapter, the trust is hereby designated as the instrumentality of the commonwealth to establish and administer the Public Safety Infrastructure Revolving Fund, created pursuant to this section.

The board shall apply monies in the Public Safety Infrastructure Revolving Fund for the purpose of providing financial assistance to local governmental units and other eligible borrowers as provided herein, as beneficiaries of the fund, to finance or refinance costs of eligible inland infrastructure projects including but not limited to dam maintenance, repair, removal and other means of flood control pending the approval by the department of environmental protection.

(ii) The board shall receive in trust, hold, administer and disburse without further appropriation or allotment by the commonwealth in and from the Public Safety Infrastructure Revolving Fund exclusively for the benefit of the beneficiaries thereof the following monies: (A) amounts appropriated by the commonwealth to the trust for purposes of the fund; (B) proceeds of bonds of the trust to the extent required by the board’s resolution for issuance of such bonds or any applicable trust agreement; (C) proceeds from federal or other grant sources received for the purposes of the fund; (D) investment earnings on monies in the fund; and (E) any other amounts required to be credited to the fund by any law or by any resolution, loan agreement or trust agreement of the board or which the board shall otherwise determine to deposit therein.

(iii) In the implementation of this section and the administration of the Public Safety Infrastructure Revolving Fund, all provisions of this chapter and subsections (a), (c), (e) and (f) of section 27A of chapter 21 applicable to the Water Pollution Abatement Revolving Fund and the provision of financial assistance by the trust to local governmental units and other eligible borrowers for costs of inland flood control shall be equally applicable, to the extent consistent with this section, to the Public Safety Infrastructure Revolving Fund and to the provision of financial assistance for costs of inland flood control and the board and the department shall have the powers and shall be subject to the applicable limitations provided in this chapter and said subsections (a), (c), (e) and (f) to carry out the provisions of this section. Without limiting the generality of the foregoing, the board may apply and disburse monies and revenues of the Public Safety Infrastructure Revolving Fund: (A) to make, and enter into binding commitments to make, loans and other forms of financial assistance authorized by the board to local governmental units and other eligible borrowers for the purpose of financing or refinancing costs of inland flood control or portions thereof which have been approved by the department, including approval of the costs of such projects or portion thereof eligible to receive financial assistance as provided in this section, and completed, as determined by the department, after the promulgation date of the department’s regulations implementing its powers under this section and to provide for all or any part of the debt service costs on loans and other forms of financial assistance made by the trust during the construction of such projects and for such period thereafter as the board shall determine; (B) to provide reserves for or otherwise secure bonds of the trust and to provide insurance and letters or lines of credit or other credit enhancement which it deems reasonable and appropriate for bonds; (C) to provide, and enter into binding commitments to provide, a subsidy for, or to otherwise assist local governmental units and other eligible borrowers in the payment of, debt service costs on loans and other forms of financial assistance made by the trust pursuant to this section and to provide any other subsidization authorized by the board in addition to the subsidy or other assistance authorized by this section; (D) to provide reserves for, or to otherwise secure, amounts payable by local governmental units and other eligible borrowers on, loans and other forms of financial assistance made by the trust pursuant to this section; and (E) to provide payment from any available source for reasonable and necessary professional and financial services incident to the conduct of the programs of the trust, including costs of issuance of its bonds.

(iv) The department and the board shall establish standards, guidelines, criteria and other rules and regulations for the administration and implementation of their powers under this section including, without limitation, a priority system and priority list for the approval of projects, the determination of eligible borrowers and eligible costs of projects and the terms and conditions of loans by the trust.

(v) In addition to the authority provided in section 9, the board may provide by resolution for the issuance from time to time of bonds of the trust to carry out the purposes of this section. The holders of such bonds shall also be beneficiaries of the Public Safety Infrastructure Revolving Fund to the extent provided in any trust agreement entered into by the trust with such holders. Except where otherwise prohibited, the board may secure bonds of the trust by pledging monies held in or otherwise allocable to either or both the Water Pollution Abatement Revolving Fund or the Public Safety Infrastructure Revolving Fund, where the board determines that doing so will reasonably promote the purposes of either or both funds.

(vi) Any local governmental unit and any other eligible borrowers may apply to the trust for a loan or other financial assistance authorized by the board to assist in financing or refinancing the cost of a drinking water project approved by the department. For entering into a loan or other financial assistance for financing or refinancing a public safety infrastructure project and establishing the authorized terms and conditions thereof and for issuing any local governmental obligations to secure the same, a local governmental unit shall be deemed to have all of the same powers expressly granted to local governmental units by this chapter with respect to loans or other financial assistance for financing or refinancing public safety infrastructure projects and the powers granted to any such local governmental unit in any bond act applicable to it specifically or as a member of a class of governmental instrumentalities.

(vii) In addition to the purposes set forth in subsection (iii), the board shall apply and disburse monies in the Public Safety Infrastructure Revolving Fund, including contract assistance as provided in this subsection, or shall otherwise structure the debt service costs on loans and other forms of financial assistance made by the trust, to provide a grant or subsidy or other assistance to local governmental units and other eligible borrowers in the payment of debt service costs on all permanent loans and other forms of financial assistance made by the trust pursuant to this section."