Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 5

Meeting Date

2026-03-04

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

5

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-04

NHDES

The State of New Hampshire

Department of Environmental Services

MAR 0 A 2026

Robert R. Scott, Commissioner

fWC

February 5, 2026

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the New Hampshire Department of Environmental Services (NHDES) to amend an American

Rescue Plan Act Memorandum of Agreement (MOA) (PO#1088159) with the WInnlpesaukee River Basin

Program (WRBP) Franklin, NH (VC# 201164 BOOl), by modifying the purpose of agreement effective upon

Governor & Council approval through September 1, 2026. This Is a no-cost amendment. The original

grant agreement was approved by the Governor and Council on July 27, 2022, Item #79 and amended

on July 30, 2025, Item #5C. 100% federal funds.

EXPLANATION

We are requesting approval of this amendment In order to provide the WInnlpesaukee River Basin

Program (WRBP) a modification to the original agreed upon purpose of agreement. The project originally

entailed only utilizing grant funding toward replacement of ten original emergency back-up generators

at WRBP pump stations. Although the Intention for the project still aligns with the original scope of work,

WRBP has found that more design/planning base work Is necessary before the back-up generators can

be replaced. WRBP will use ARPA grant funds to upgrade the Wastewater Treatment Facility and pump

stations. Including engineering consulting and design services, equipment procurement, and Installation.

Funding will also support master planning, asset management assessments, planning, and design work

for collection system Improvements at any WRBP locations. Additional upgrades to emergency

generators and automatic transfer switches will be completed to enhance system reliability. If time and

funding allows. This Is an allowable use of ARP FRF funds under Section 602 (c)(1)(D) to make necessary

investments In water, sewer, or broadband Infrastructure. To date, $23,458.42 of the original $459,000

grant has been spent.

In the event federal funds become no longer available, general funds will not be requested to support

this program. This grant amendment has been approved by the Attorney General's Office as to form,

substance and execution.

We respectfully request your approval of this Item.

Robert R. Scott

Commissioner

NHDES Website; www.des.nh.gov

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095

Telephone: (603) 271-2513 • Fax: (603) 271-5171 • TDD Access: Relay NH 1-800-735-2964

Memorandum of Agreement between the

NH Department of Environmental Services and the

NH Department of Environmental Services Winnipesaukee River Basin Program

ARPA Grant CS-334203-13

Amendment No. 2

This Agreement (hereinafter called the Amendment) dated this 23 day of

'^a\Aua.(/^Y 2026, is by and between the State of New Hampshire, acting by and through its

Department of Environmental Services (hereinafter referred to as the State) and the State of New

Hampshire Department of Environmental Services Winnipesaukee River Basin Program acting by and

through its Environmental Program Administrator, Sharon McMillin (hereinafter referred to as the

Grantee).

WHEREAS, pursuant to a Memorandum of Agreement (hereinafter called the Agreement)

approved by the Governor and Council on July 27, 2022 and amended on July 30, 2025, the Grantee

agreed to perform certain services upon the terms and conditions specified in the Agreement and in

consideration of payment by the State of certain sums as specified therein; and

WHEREAS, The Grantee and the State have agreed to amend the Agreement in certain respects.

NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions

contained in the Agreement and set forth herein, the parties hereto do hereby agree as follows:

1. Amendment and Modification of Agreement: The Agreement is hereby amended as

follows:

(A) Delete I. Purpose of the Agreement and replace with I. Purpose of Agreement -

Amendment 1.1. Purpose of the Agreement - Amendment 1 is attached hereto and incorporated

into this amendment and agreement by referenced.

2. Effective Date of Amendment; This Amendment shall take effect upon the date of

approval of this Amendment by the Governor and Executive Council of the State of New

Hampshire.

3. Continuance of Agreement: Except as specifically amended and modified by the terms and

conditions of this Amendment, the Agreement, and the obligations of the parties thereunder,

shall remain in full force and effect in accordance with the terms and conditions set forth

therein.

ARPA Grant

Memorandum of Agreement Amendment No. 2

NH Department of Environmental Services Winnipesaukee River Basin Program

IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first

above written.

Sharon McMillin, Environmental Program Administrator

NH Department of Environmental Services

Winnipesaukee River Basin Program

xoi 4,

Date

Robert R. Scott, Commissioner

NH Department of Environmental Services

Date

Reviewed and approved as to form, substance, and execution:

ti t AttcAssr

NH Ddpartmdint

rn

Q-h\\d<oey General

of Justice

Date

ARPA Grant

Memorandum of Agreement Amendment No. 2

NH Department of Environmental Services Winnipesaukee River Basin Program

NHDES - WRBP MOA Amendment 2

Pump Station Emergency Generator Replacements

CS-334203-13

I. Purpose of the Agreement - Amendment 1

This Memorandum of Agreement (MOA) describes the award of federal grant funds to the New

Hampshire Department of Environmental Services (NHDES) Winnipesaukee River Basin Program (WRBP)

using American Rescue Plan Act of 2021 (ARPA) federal grant funds for WWTF and collection system

improvements to ensure permit compliance and upgrades to generators and automatic transfer switches

(ATS) at pump stations throughout the collection system.

WRBP will utilize ARPA grant funds to make improvements to the WWTF, which includes associated

engineering consulting and design services, equipment procurement and installation, and improvements

to pump station emergency generators and ATS. Engineering and consulting services will pertain to

WRBP's master planning and design efforts, asset management assessments and inspections, and

adaptation planning required under NPDES permit NH0100960 at any WRBP locations. Upgrades

recommended from these plans and inspections may occur at the WWTF, pump stations, maintenance

shop, or collection system. Additionally, design work for collection system pipeline rehabilitation or

replacement will be included, prioritizing pending projects for the Gilford and Belmont forcemains. If

time and funding allow, the grant will be used to improve generators and/or automatic transfer switches

(ATS) at WRBP pump stations. Some pump stations require both generator and ATS replacements, some

only require replacing the ATS, and others only require generator replacement. Load analysis, to

determine appropriate generator sizing, will also be considered. Grant funds may cover engineering and

consulting services, equipment procurement and installation, including electrical, instrumentation,

programming, and engineering costs related to these upgrades. These activities are allowable under

ARPA SRF Section 602(c)(1)(D) as necessary investments in water, sewer, or broadband infrastructure.

ARPA of 2021 is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress and

signed into law by President Biden on March 11, 2021, to speed up the United States' recovery from the

economic health effects of the COVID-19 pandemic and the resultant recession. The Act defines eligible

uses of the state and local funding, including responding to public health emergencies, responding to

workers performing essential work during the COVID-19 emergency, providing revenue relief to states

and making investments in water, sewer, and broadband infrastructure.

The WRBP has been offered up to $459,000 of ARPA grant funds and up to $1,071,000 of Clean Water

State Revolving Fund (CWSRF) loan funds to be applied to this project.

Grantee Initials

Date t J I ao 2.4