1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Fund" means the Water Quality Improvement Fund established in this section. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] 2. Fund established. The Water Quality Improvement Fund is established as a nonlapsing fund under the jurisdiction and control of the department. The fund is established in order to improve and protect water quality in coastal areas through support of the growing area classification program within the water quality and public health program at the Department of Marine Resources, improve the State's wastewater infrastructure, remove licensed overboard discharges, abate pollution from failed subsurface wastewater disposal systems and improve the identification of pollution in shellfish harvesting areas. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] 3. Sources of the fund. The fund consists of: A. Dedicated revenue derived from surcharges in accordance with section 353-B, subsection 2, paragraph A; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] B. Dedicated revenue derived from surcharges in accordance with Title 30-A, section 4211, subsection 5, paragraph D; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] C. Sums that are appropriated by the Legislature or transferred to the fund from time to time by the State Controller; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] D. Capitalization grants and awards made to the State or an instrumentality of the State by the Federal Government for any of the purposes for which the fund has been established; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] E. Interest earned from the investment of fund balances; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] F. Private gifts or bequests, directed or advised, and donations made to the State for any of the purposes for which the fund has been established; and [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] G. Other funds from any public or private source received for use for any of the purposes for which the fund has been established. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] 4. Distribution. After administrative costs, revenue credited to the fund must be distributed as follows. A. Those funds necessary to support 3 positions in the growing area classification program, including All Other costs and $20,000 each year for overtime, within the water quality and public health program at the Department of Marine Resources or 50% of the fund, whichever is greater, must be transferred to the Department of Marine Resources. Any funds transferred in excess of those necessary to support the 3 positions is to be used to support flood sampling and processing overtime work by staff in the growing area classification program. At the end of each fiscal year, any remaining funds must be transferred to the fund and used for the purposes described in paragraph B. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] B. The remaining balance of the fund must be used to support the removal of licensed overboard discharges; investment in the improvement of the State's wastewater infrastructure; abate or remove sources of pollution from failing subsurface wastewater disposal systems; and support municipal or other qualified applicants in identifying pollution in shellfish harvesting areas. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] The department is authorized to be reimbursed from the fund for administrative costs. "Administrative costs" for purposes of this subsection means personal services directly associated with the processing and collection of the license surcharges in section 353-B, subsection 2, paragraph A. The department and the Department of Marine Resources shall annually provide an itemized description of the prior year's expenses from the fund and a proposed budget for the following year to the Shellfish Advisory Council established under Title 12, section 6038 and to representatives of publicly owned treatment works. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] 5. Grants. Provided there are available funds, the department shall establish procedures and criteria for the grant application process, eligibility for grants and the award and use of grants made under this section. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] 6. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]
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