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1992 New Hampshire Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagnh0015 and id is 1 raw text is: rD FPA RTMNF NT 0F', I ST.-\T: b N F- % H A.)MIPS HIZF:' February 18, 1992 Robert W. Varney, Commissioner Department of Environmental Services 6 Hazen Drive, P.O. Box 95 Concord, New Hampshire 03302 Re: Eligibility For State Aid Funding Under RSA 486:1 and RSA 486:14 Dear Comi...ssioner Varney: The Department of Environmental Services has sought advice from this office with respect to two questions arising under RSA Chapter 486, Aid to Municipalities for Water Pollution Control. The first is whether a municipality is eligible for state aid funding under RSA 486:1,1, for a waste water treatment project, where no federal grant monies are available and in the absence of an administrative order from the Water Supply and Pollution Control Division. The second is whether the State is obligated under RSA 486:1,1 to pay 20% of the principal and interest of the original cost of the construction of such facility when its funding is provided through a state loan under the revolving loan program established by RSA 486:14. As explained fully below, it is our view that the Department's current practice of limiting the State's 20% share under RSA 486:1,1 only to those projects funded by federal grant monies is a reasonable interpretation of, and supportable by, RSA Chapter 486. As your questions revolve around a particular statute which has been amended several times over the last decade or more, a brief review of the current status of the statute and its history is necessary. RSA 486:1,1, which was codified as RSA 149-B:l prior to the recodification of the State's water laws in 1989, provides in pertinent part as follows: The State of New Hampshire shall, in addition to any federal grant made available under the provisions of the Clean Water Act of 1977 (or subsequent amendments thereof), pay annually 20% of the annual amortization charges, meaning principal and interest, on the original costs resulting ..Nil Ilk ~t~ I f,...) . . . . ..l

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