2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/21/2001 | |
1st Engrossment | Posted on 05/10/2001 | |
2nd Engrossment | Posted on 05/14/2001 |
1.1 A bill for an act 1.2 relating to public finance; updating and making 1.3 technical changes to public finance and related 1.4 provisions related to county and county-supported 1.5 hospitals, municipally-owned nursing homes, lake 1.6 improvement districts, and the metropolitan council; 1.7 extending a sunset date for certain county capital 1.8 improvement bonds and limiting the inclusiveness of 1.9 capital improvements; removing election requirements 1.10 as preconditions for issuance of certain obligations; 1.11 requiring reverse referenda in certain cases; 1.12 clarifying the effect of a state guaranty as not 1.13 creating constitutional public debt of the state; 1.14 authorizing some flexibility in stating certain ballot 1.15 questions; authorizing Scott and Carver counties to 1.16 grant certain economic development powers to their 1.17 housing and redevelopment authorities; authorizing the 1.18 Chisago Lakes joint sewage treatment commission to 1.19 issue bonds; authorizing expanded funding by the 1.20 county for certain multijurisdictional program 1.21 activities in Hennepin county; authorizing Hassan 1.22 township to create and empower an economic development 1.23 authority; updating and changing the Minnesota Bond 1.24 Allocation Act; amending Minnesota Statutes 2000, 1.25 sections 103B.555, by adding a subdivision; 165.10, 1.26 subdivision 2; 275.60; 373.40, subdivisions 1, 7; 1.27 373.45, subdivision 3; 376.06, subdivision 1; 376.07; 1.28 376.08, subdivisions 1, 2, 3, by adding a subdivision; 1.29 376.09; 383B.79, by adding a subdivision; 473.39, by 1.30 adding a subdivision; 474A.02, subdivisions 8, 13a, 1.31 22a, 22b, 23a; 474A.03, subdivisions 1, 2a, 4; 1.32 474A.04, subdivisions 1a, 5; 474A.045; 474A.047, 1.33 subdivisions 1, 2; 474A.061, subdivisions 1, 2a, 2b, 1.34 2c, 4; 474A.091, subdivisions 2, 3, 4, 5, 6, by adding 1.35 a subdivision; 474A.131, subdivisions 1, 2, by adding 1.36 a subdivision; 474A.14; 475.54, subdivision 1; 475.58, 1.37 subdivisions 1, 1a, by adding a subdivision; Laws 1.38 1974, chapter 473; Laws 1980, chapter 482; proposing 1.39 coding for new law in Minnesota Statutes, chapter 1.40 474A; repealing Minnesota Statutes 2000, section 1.41 474A.061, subdivision 6. 1.42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.43 Section 1. Minnesota Statutes 2000, section 103B.555, is 2.1 amended by adding a subdivision to read: 2.2 Subd. 4. [DISTRICT OBLIGATIONS.] The district, with 2.3 approval of the county board or joint county authority, 2.4 expressed in a resolution identifying each specific improvement 2.5 to which the approval applies, may exercise the powers of a city 2.6 under chapter 429 and section 444.075, including, but not 2.7 limited to: 2.8 (1) the levy of special assessments; 2.9 (2) the imposition of rates and charges; and 2.10 (3) the issuance of bonds 2.11 to finance improvements that the district may undertake. 2.12 [EFFECTIVE DATE.] This section is effective the day 2.13 following final enactment. 2.14 Sec. 2. Minnesota Statutes 2000, section 165.10, 2.15 subdivision 2, is amended to read: 2.16 Subd. 2. [BONDS ISSUED, SOLD, AND RETIRED.] Such bonds 2.17 shall be general obligations of the county and issued, sold, and 2.18 retired in the manner provided in chapter 475. 2.19 [EFFECTIVE DATE.] This section is effective the day 2.20 following final enactment. 2.21 Sec. 3. Minnesota Statutes 2000, section 275.60, is 2.22 amended to read: 2.23 275.60 [LEVY OR BOND REFERENDUM; BALLOT NOTICE.] 2.24 (a) Notwithstanding any general or special law or any 2.25 charter provisions, but subject to section 126C.17, subdivision 2.26 9, any question submitted to the voters by any local 2.27 governmental subdivision at a general or special election after 2.28 June 8, 1995, authorizing a property tax levy or tax rate 2.29 increase, including the issuance of debt obligations payable in 2.30 whole or in part from property taxes, must include on the ballot 2.31 the following notice in boldface type.: 2.32 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING 2.33 FOR A PROPERTY TAX INCREASE." 2.34 (b) For purposes of this section and section 275.61, "local 2.35 governmental subdivision" includes counties, home rule and 2.36 statutory cities, towns, school districts, and all special 3.1 taxing districts. This statement is in addition to any general 3.2 or special laws or any charter provisions that govern the 3.3 contents of a ballot question and, in the case of a question on 3.4 the issuance of debt obligations, may be supplemented by a 3.5 description of revenues pledged to payment of the obligations 3.6 that are intended as the primary source of payment. 3.7 (c) This section does not apply to a school district bond 3.8 election if the debt service payments are to be made entirely 3.9 from transfers of revenue from the capital fund to the debt 3.10 service fund. 3.11 [EFFECTIVE DATE.] This section is effective the day 3.12 following final enactment. 3.13 Sec. 4. Minnesota Statutes 2000, section 373.40, 3.14 subdivision 1, is amended to read: 3.15 Subdivision 1. [DEFINITIONS.] For purposes of this 3.16 section, the following terms have the meanings given. 3.17 (a) "Bonds" means an obligation as defined under section 3.18 475.51. 3.19 (b) "Capital improvement" means acquisition or betterment 3.20 of public lands, development rights in the form of conservation 3.21 easements under chapter 84C, buildings, or other improvements 3.22 within the county for the purpose of a county courthouse, 3.23 administrative building, health or social service facility, 3.24 correctional facility, jail, law enforcement center, hospital, 3.25 morgue, library, park, qualified indoor ice arena, and roads and 3.26 bridges. An improvement must have an expected useful life of 3.27 five years or more to qualify. "Capital improvement" does not 3.28 include light rail transit, commuter rail, busway, or any 3.29 activity related toitany of them, or a recreation or sports 3.30 facility building (such as, but not limited to, a gymnasium, ice 3.31 arena, racquet sports facility, swimming pool, exercise room or 3.32 health spa), unless the building is part of an outdoor park 3.33 facility and is incidental to the primary purpose of outdoor 3.34 recreation. 3.35 (c) "Commissioner" means the commissioner of trade and 3.36 economic development. 4.1 (d) "Metropolitan county" means a county located in the 4.2 seven-county metropolitan area as defined in section 473.121 or 4.3 a county with a population of 90,000 or more. 4.4 (e) "Population" means the population established by the 4.5 most recent of the following (determined as of the date the 4.6 resolution authorizing the bonds was adopted): 4.7 (1) the federal decennial census, 4.8 (2) a special census conducted under contract by the United 4.9 States Bureau of the Census, or 4.10 (3) a population estimate made either by the metropolitan 4.11 council or by the state demographer under section 4A.02. 4.12 (f) "Qualified indoor ice arena" means a facility that 4.13 meets the requirements of section 373.43. 4.14 (g) "Tax capacity" means total taxable market value, but 4.15 does not include captured market value. 4.16 Sec. 5. Minnesota Statutes 2000, section 373.40, 4.17 subdivision 7, is amended to read: 4.18 Subd. 7. [REPEALER.] This section is repealed effective 4.19 for bonds issued after July 1,20032008, but continues to apply 4.20 to bonds issued before that date. 4.21 [EFFECTIVE DATE.] This section is effective the day 4.22 following final enactment. 4.23 Sec. 6. Minnesota Statutes 2000, section 373.45, 4.24 subdivision 3, is amended to read: 4.25 Subd. 3. [AGREEMENT.] (a)In orderFor specified debt 4.26 obligations of a county to be covered bythe provisions ofthis 4.27 section, the county must enter an agreement with the authority 4.28 obligating the county to be bound bythe provisions ofthis 4.29 section. 4.30 (b) This agreement must be in a form prescribed by the 4.31 authority and contain any provisions required by the authority, 4.32 including, at least, an obligation to: 4.33 (1) deposit with the paying agent three days before the 4.34 date on which the payment is due an amount sufficient to make 4.35 that payment; 4.36 (2) notify the authority, if the county will be unable to 5.1 make all or a portion of the payment; and 5.2 (3) include a provision in the bond resolution and county's 5.3 agreement with the paying agent for the debt obligation that 5.4 requires the paying agent to inform the commissioner if it 5.5 becomes aware of a default or potential default in the payment 5.6 of principal or interest on that issue or if, on the day two 5.7 business days before the date a payment is due on that issue, 5.8 there are insufficient funds to make the payment on deposit with 5.9 the paying agent. 5.10 (c) Funds invested in a refunding escrow account 5.11 established under section 475.67 that are to become available to 5.12 the paying agent on a principal or interest payment date are 5.13 deemed to be on deposit with the paying agent three business 5.14 days before the payment date. 5.15(b)(d) The provisions of an agreement under this 5.16 subdivision are binding as to an issue as long as any debt 5.17 obligation of the issue remains outstanding. 5.18(c)(e) This sectionis a contract with bondholders and may5.19not be amended or repealed for the covered bonds so long as the5.20covered bonds are outstandingand the obligations of the state 5.21 under this section are not a public debt of the state under 5.22 article XI, section 4, of the Minnesota Constitution, and the 5.23 legislature may, at any time, choose not to appropriate amounts 5.24 under subdivision 4, paragraph (b). 5.25 [EFFECTIVE DATE.] This section is effective the day 5.26 following final enactment. 5.27 Sec. 7. Minnesota Statutes 2000, section 376.06, 5.28 subdivision 1, is amended to read: 5.29 Subdivision 1. [PROCEDURE, POWERS, PAY, ELECTION.] A 5.30 county board which has purchased and constructed buildings for 5.31 hospital purposes may operate these buildings as a hospital and 5.32 may appoint a superintendent. The board shall set the 5.33 superintendent's salary, term of employment, and powers and 5.34 duties; provide for the management and operation of the 5.35 hospital; and operate, control, and manage the hospital. The 5.36 superintendent shall serve at the pleasure of the board. If the 6.1 board determines that it is in the public interest, it may 6.2 appoint a hospital board of at least three, but not more than 6.3 nine members, whomust be county residents and landowners, to6.4servemay include some or all of the county commissioners except 6.5 as otherwise provided in subdivision 2. Persons appointed to 6.6 the hospital board must reside in the hospital's service area 6.7 and 80 percent of the board members, including any commissioners 6.8 appointed to serve on the hospital board, must be residents of 6.9 the county. The hospital board serves without compensation 6.10 unless the county board authorizes the payment of compensation 6.11 and reimbursement of expenses for service on the hospital 6.12 board. Notwithstanding section 375.44, if compensation and 6.13 reimbursement are authorized, they shall be the same as 6.14 authorized for service on the local social services agency. 6.15 Subject to its supervision, the county board may commit the 6.16 care, management, and operation of the hospital to the hospital 6.17 board. The county board may provide for the organization and 6.18 regulation of the hospital board, its duties and the duties of 6.19 the members, and regulations for the management, operation, and 6.20 control of the hospital. The county board may lease the 6.21 hospital grounds and buildings to ahospital association6.22 nonprofit or governmental hospital organization for terms it 6.23 considers advisable.Sections 376.01 to 376.06 do not permit6.24any county board to purchase and construct any hospital6.25buildings or to pay for them without first submitting the6.26question to the vote of the people. No purchase or construction6.27of buildings or payment may be made unless a majority of the6.28electors voting upon the proposition vote in favor.6.29 [EFFECTIVE DATE.] This section is effective the day 6.30 following final enactment. 6.31 Sec. 8. Minnesota Statutes 2000, section 376.07, is 6.32 amended to read: 6.33 376.07 [ADDITION TO COUNTY HOSPITAL.] 6.34When the county board of a county has been authorized by6.35the voters to construct an addition to the county hospital of6.36the county under sections 376.01 to 376.06, whether or not also7.1authorized to equip the addition, and the board has determined7.2that the addition, whether with or without equipment, cannot be7.3completed within the cost authorized, or has determined that, to7.4complete the improvement, certain alterations should be made, or7.5fixtures or equipment added, either in the original building, or7.6in the addition, or both, the board may be authorized to spend a7.7specified additional amount for any of the purposes mentioned in7.8this chapter, either by vote of the people of the county at a7.9general or special election or by petition. If an election is7.10held, the proposition shall be submitted and disposed of in the7.11same manner as provided by sections 376.01 to 376.06. If by7.12petition, the petition must be signed by a majority of those7.13voting at the last preceding general election. The petition may7.14be in the form of one document or of several documents in the7.15same form, and shall be filed with the county auditor. A7.16special election may be called in the manner provided for7.17calling special county elections. When authority is granted by7.18the voters, in either manner provided, the board may proceed7.19accordingly. If the board made or attempted to make a contract7.20or contracts for more than the authority first granted, it may7.21ratify and carry out the contracts.The county board, hospital 7.22 board, or board of directors of a nonprofit or governmental 7.23 hospital organization that has leased a county hospital may 7.24 authorize the remodeling, improvement, alteration, or 7.25 construction of an addition to the county hospital or of another 7.26 building on the county hospital's existing premises by a 7.27 majority vote of the board. Financing for any project under 7.28 this section is governed by other law, including sections 373.40 7.29 and 447.45 and chapter 475. 7.30 [EFFECTIVE DATE.] This section is effective the day 7.31 following final enactment. 7.32 Sec. 9. Minnesota Statutes 2000, section 376.08, 7.33 subdivision 1, is amended to read: 7.34 Subdivision 1. [APPROPRIATIONS.] Except as provided in 7.35subdivisionsubdivisions 2 and 4, the board of county 7.36 commissioners in any county with a population of 50,000 or less 8.1 may appropriate up to $65,000 annually from the general revenue 8.2 fund of the county for the acquisition of lands for hospital 8.3 purposes, and the construction, improvement, alterations, 8.4 equipment and maintenance of hospitals within the county, 8.5 including public or nonprofit hospitals that are not county 8.6 hospitals. The board may also appropriate up to $25,000 from 8.7 the general revenue fund of the county for the acquisition of 8.8 land and construction of municipally owned nursing homes within 8.9 the county. 8.10 [EFFECTIVE DATE.] This section is effective the day 8.11 following final enactment. 8.12 Sec. 10. Minnesota Statutes 2000, section 376.08, 8.13 subdivision 2, is amended to read: 8.14 Subd. 2. [REMODELING OR ADDITIONS.] A county hospital may 8.15 by majority vote of its board of commissioners, or if the 8.16 hospital has been leased to another entity under section 376.06, 8.17 subdivision 1, or 447.47, by majority vote of the board of 8.18 directors of that entity, enter into projects for the 8.19 construction of an addition or remodeling to its presently 8.20 existing facility or the acquisition of equipment as described 8.21 in this subdivision without complying with the dollar limitation 8.22 of subdivision 1 or the election requirements of section 8.23 376.03. This subdivision appliesonlyto projects in which the 8.24 funds for the project are derived from dedicated, restricted, or 8.25 other designated accountsor, from the hospital's depreciation 8.26 fundand do not require incurring debt by the county through, or 8.27 from the issuance of bondsor otherwiseauthorized under other 8.28 law. An addition to a current hospital under this subdivision 8.29 may include construction of buildings physically separate from 8.30 the present hospital building, as well as additions to the 8.31 present building, if the new buildings are constructed on the 8.32 hospital's existing premises. 8.33 This subdivision does not affect the ability of the 8.34 hospital board to approve funds for improvements or remodeling 8.35 of a hospital facility under other law. 8.36 [EFFECTIVE DATE.] This section is effective the day 9.1 following final enactment. 9.2 Sec. 11. Minnesota Statutes 2000, section 376.08, 9.3 subdivision 3, is amended to read: 9.4 Subd. 3. [LIMITATION ON HOSPITAL CAPACITY.] Section 9.5 144.551 applies to any project authorized by subdivision 2 or 4. 9.6SubdivisionSubdivisions 2doesand 4 do not authorize an 9.7 increase in the license capacity of the hospital or the 9.8 licensing, relocation, or redistribution of hospital beds except 9.9 as provided by section 144.551, subdivision 1, paragraph (b). 9.10 [EFFECTIVE DATE.] This section is effective the day 9.11 following final enactment. 9.12 Sec. 12. Minnesota Statutes 2000, section 376.08, is 9.13 amended by adding a subdivision to read: 9.14 Subd. 4. [NO ELECTION FOR EXPENDITURE OF CERTAIN BOND 9.15 PROCEEDS.] Notwithstanding section 376.03, a county may by vote 9.16 of the majority of the board of county commissioners acquire, 9.17 construct, remodel, renovate, and equip hospital facilities to 9.18 the extent of money derived from general obligation bonds 9.19 authorized for that purpose by an election under section 475.58, 9.20 capital improvement bonds issued under a capital improvement 9.21 plan approved in accordance with section 373.40, or revenue 9.22 bonds issued under sections 447.45 to 447.50. 9.23 [EFFECTIVE DATE.] This section is effective the day 9.24 following final enactment. 9.25 Sec. 13. Minnesota Statutes 2000, section 376.09, is 9.26 amended to read: 9.27 376.09 [AID TO HOSPITALS IN COUNTIES HAVING NO COUNTY 9.28 HOSPITAL.] 9.29 In any county in which there is no county hospital, or a 9.30 county hospital is leased to a nonprofit or governmental 9.31 hospital organization pursuant to section 376.06, subdivision 1, 9.32 or 447.47, the county board may appropriate and pay money from 9.33 the general fund of the county, for the construction, 9.34 maintenance, and operation of a private, nonprofit, or public 9.35 hospital in the county for the treatment of sick, diseased, and 9.36 injured persons. Admission preference shall always be given to 10.1 patients who are, in whole or in part, public charges, and are 10.2 sent to the hospital by the county board. 10.3 [EFFECTIVE DATE.] This section is effective the day 10.4 following final enactment. 10.5 Sec. 14. Minnesota Statutes 2000, section 383B.79, is 10.6 amended by adding a subdivision to read: 10.7 Subd. 5. [FINANCING.] Hennepin county may appropriate 10.8 funds for any of the activities described in subdivision 1, 10.9 whether or not state funds are appropriated for the activity. 10.10 Hennepin county may include any part of the costs of a project 10.11 described in section 469.002, subdivision 12, in a capital 10.12 improvement plan adopted under section 373.40, and may issue 10.13 bonds for such purposes pursuant to and subject to the 10.14 procedures and limitations set forth in section 373.40, whether 10.15 or not the capital improvement to be financed is to be owned by 10.16 the county or any other governmental entity. Such purposes are 10.17 in addition to the capital improvements described in section 10.18 373.40, but shall not include light rail transit, commuter rail, 10.19 or any activity related to either of those, or a sports facility 10.20 building designed or used primarily for professional sports. No 10.21 funds appropriated under this subdivision may be used to pay 10.22 operating expenses. 10.23 Sec. 15. Minnesota Statutes 2000, section 473.39, is 10.24 amended by adding a subdivision to read: 10.25 Subd. 1h. [OBLIGATIONS.] After July 1, 2001, in addition 10.26 to the authority in subdivisions 1a, 1b, 1c, 1d, 1e, and 1g, the 10.27 council may issue certificates of indebtedness, bonds, or other 10.28 obligations under this section in an amount not exceeding 10.29 $44,000,000 for capital expenditures as prescribed in the 10.30 council's regional transit master plan and transit capital 10.31 improvement program and for related costs, including the costs 10.32 of issuance and sale of the obligations, but not for computer 10.33 software, or for construction, maintenance, or operation of 10.34 light rail transit or commuter rail, or construction or 10.35 maintenance of busways. 10.36 [EFFECTIVE DATE; APPLICATION.] This section is effective 11.1 the day following final enactment and applies in the counties of 11.2 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 11.3 Sec. 16. Minnesota Statutes 2000, section 474A.02, 11.4 subdivision 8, is amended to read: 11.5 Subd. 8. [FEDERAL TAX LAW.] "Federal tax law" means those 11.6 provisions of the Internal Revenue Code of 1986, as 11.7 amendedthrough December 31, 1990, that limit the aggregate 11.8 amount of obligations of a specified type or types which may be 11.9 issued by an issuer during a calendar year whose interest is 11.10 excluded from gross income for purposes of federal income 11.11 taxation. 11.12 Sec. 17. Minnesota Statutes 2000, section 474A.02, 11.13 subdivision 13a, is amended to read: 11.14 Subd. 13a. [SMALL ISSUE POOL.] "Small issue pool" means 11.15 the amount of the annual volume cap allocated under section 11.16 474A.061, that is available for the issuance of enterprise zone 11.17 facility bonds authorized under Public Law Number 103-66, 11.18 section 13301, small issue bonds to finance manufacturing 11.19 projects,andthe agricultural development bond beginning farmer 11.20 and agricultural business enterprise loan program authorized in 11.21 sections 41C.01 to 41C.13, and student loan bonds issued by the 11.22 Minnesota higher education services office. 11.23 Sec. 18. Minnesota Statutes 2000, section 474A.02, 11.24 subdivision 22a, is amended to read: 11.25 Subd. 22a. [PUBLIC FACILITIES POOL.] "Public facilities 11.26 pool" means the amount of the annual volume cap allocated under 11.27 section 474A.061, which is available for the issuance of public 11.28 facility bondsor student loan bonds. 11.29 Sec. 19. Minnesota Statutes 2000, section 474A.02, 11.30 subdivision 22b, is amended to read: 11.31 Subd. 22b. [PUBLIC FACILITIES PROJECT.] "Public facilities 11.32 project" means any publicly owned facility, or facility owned by 11.33 a nonprofit organization that is used for district heating or 11.34 cooling, that is eligible to be financed with the proceeds of 11.35 public facilities bonds as defined under section 474A.02, 11.36 subdivision 23a. 12.1 Sec. 20. Minnesota Statutes 2000, section 474A.02, 12.2 subdivision 23a, is amended to read: 12.3 Subd. 23a. [QUALIFIED BONDS.] "Qualified bonds" means the 12.4 specific type or types of obligations that are subject to the 12.5 annual volume cap. Qualified bonds include the following types 12.6 of obligations as defined in federal tax law: 12.7 (a) "public facility bonds" means "exempt facility bonds" 12.8 as defined in federal tax law, except for residential rental 12.9 project bonds, which are those obligations issued to finance 12.10 airports, docks and wharves, mass commuting facilities, 12.11 facilities for the furnishing of water, sewage facilities, solid 12.12 waste disposal facilities, facilities for the local furnishing 12.13 of electric energy or gas, local district heating or cooling 12.14 facilities, and qualified hazardous waste facilities. New bonds 12.15 and other obligations are ineligible to receive state 12.16 allocations or entitlement authority for public facility 12.17 projects under this section if they have been issued: 12.18 (1) for the purpose of refinancing, refunding, or otherwise 12.19 defeasing existing debt; and 12.20 (2) more than one calendar year prior to the date of 12.21 application; 12.22 (b) "residential rental project bonds" which are those 12.23 obligations issued to finance qualified residential rental 12.24 projects; 12.25 (c) "mortgage bonds"; 12.26 (d) "small issue bonds" issued to finance manufacturing 12.27 projects and the acquisition or improvement of agricultural real 12.28 or personal property under sections 41C.01 to 41C.13; 12.29 (e) "student loan bonds" issued by or on behalf of the 12.30 Minnesota higher education services office; 12.31 (f) "redevelopment bonds"; 12.32 (g) "governmental bonds" with a nonqualified amount in 12.33 excess of $15,000,000 as set forth in section 141(b)5 of federal 12.34 tax law; and 12.35 (h) "enterprise zone facility bonds" issued to finance 12.36 facilities located within empowerment zones or enterprise 13.1 communities, as authorized under Public Law Number 103-66, 13.2 section 13301. 13.3 Sec. 21. Minnesota Statutes 2000, section 474A.03, 13.4 subdivision 1, is amended to read: 13.5 Subdivision 1. [UNDER FEDERAL TAX LAW; ALLOCATIONS.] At 13.6 the beginning of each calendar year after December 31,199713.7 2001, the commissioner shall determine the aggregate dollar 13.8 amount of the annual volume cap under federal tax law for the 13.9 calendar year, and of this amount the commissioner shall make 13.10 the following allocation: 13.11 (1)$63,000,000$74,530,000 to the small issue pool; 13.12 (2)$59,000,000$122,060,000 to the housing pool, 13.13$37,000,000of which 31 percent of the adjusted allocation is 13.14 reserved until theday after the firstlast Monday inFebruary13.15 July for single-family housing programs; 13.16 (3)$10,500,000$12,750,000 to the public facilities pool; 13.17 and 13.18 (4) amounts to be allocated as provided in subdivision 2a. 13.19 If the annual volume cap is greater or less than the amount 13.20 of bonding authority allocated under clauses (1) to (4) and 13.21 subdivision 2a, paragraph (a), clauses (1) to (4), the 13.22 allocation must be adjusted so that each adjusted allocation is 13.23 the same percentage of the annual volume cap as each original 13.24 allocation is of the total bonding authority originally 13.25 allocated. 13.26 Sec. 22. Minnesota Statutes 2000, section 474A.03, 13.27 subdivision 2a, is amended to read: 13.28 Subd. 2a. [ENTITLEMENT ISSUER ALLOCATION.] (a) The 13.29 commissioner shall make the following allocation to the 13.30 Minnesota housing finance agency and the following cities and 13.31 county: 13.32 (1)$53,750,000$84,940,000 per year to the Minnesota 13.33 housing finance agency, less any amount received in the previous13.34year under section 474A.091, subdivision 6; 13.35 (2)$21,000,000$33,190,000 per year to the city of 13.36 Minneapolis; 14.1 (3)$15,750,000$24,890,000 per year to the city of Saint 14.2 Paul; and 14.3 (4)$10,500,000$16,600,000 per year to the Dakota county 14.4 community development agency for the county of Dakota and all 14.5 political subdivisions located within the county. 14.6 (b) Entitlement allocations provided under this subdivision 14.7 must be used for mortgage bonds, mortgage credit certificates, 14.8 public facility bonds, or residential rental project bonds, 14.9 except that entitlement issuersmay also use their allocations14.10for public facility bonds, andmay carry forward their 14.11 allocations for any qualified bond as defined under section 14.12 474A.02, subdivision 23a. 14.13 (c) Data on the home purchase price amount, mortgage 14.14 amount, income, household size, and race of the households 14.15 served with the proceeds of mortgage revenue bonds and mortgage 14.16 credit certificates in the previous year must be submitted by 14.17 each entitlement issuer to the Minnesota housing finance agency 14.18 by December 31 of each year. Compliance by the Minnesota 14.19 housing finance agency with the provisions of section 462A.073, 14.20 subdivision 5, shall be deemed compliance with the reporting 14.21 requirements of this subdivision. 14.22 Sec. 23. Minnesota Statutes 2000, section 474A.03, 14.23 subdivision 4, is amended to read: 14.24 Subd. 4. [APPLICATION FEE.] Every entitlement issuer and 14.25 other issuer shall pay to the commissioner a nonrefundable 14.26 application fee to offset the state cost of program 14.27 administration. The application fee is $20 for each $100,000 of 14.28 entitlement or allocation requested, with the request rounded to 14.29 the nearest $100,000. The minimum fee is $20. Fees received by 14.30 the commissioner must be credited to the general fund. 14.31Application fees for projects of entitlement issuers must be14.32submitted to the commissioner with the notice of issuance of14.33bonds, notice of use of mortgage credit certificates, and notice14.34of carry forward.Each entitlement issuer must pay its 14.35 application fee in full for that calendar year to the 14.36 commissioner no later than when the first notice of issuance of 15.1 bonds, notice of use of mortgage credit certificates, or notice 15.2 of carry forward is submitted to the commissioner by that issuer. 15.3 Sec. 24. Minnesota Statutes 2000, section 474A.04, 15.4 subdivision 1a, is amended to read: 15.5 Subd. 1a. [ENTITLEMENT RESERVATIONS; CARRYFORWARD; 15.6 DEDUCTION.] Any amount returned by an entitlement issuer before 15.7 July 15 shall be reallocated through the housing pool. Any 15.8 amount returned on or after July 15 shall be reallocated through 15.9 the unified pool. An amount returned after the last Monday in 15.10 November shall be reallocated to the Minnesota housing finance 15.11 agency. Any amount of bonding authority that an entitlement 15.12 issuer carries forward under federal tax law that is not 15.13 permanently issued or for which the governing body of the 15.14 entitlement issuer has not enacted a resolution electing to use 15.15 the authority for mortgage credit certificatesby July 15and 15.16 has not provided a notice of issue to the commissioner before 15.17 4:30 p.m. on the last business day in December of the succeeding 15.18 calendar year shall be deducted from the entitlement allocation 15.19 for that entitlement issuerfor the current calendar year. Any15.20amount deducted from an entitlement issuer's allocation under15.21this subdivision shall be reallocated through the unified pool.15.22An entitlement issuer must permanently issue all carryforward15.23authority or enact a resolution electing to use all carryforward15.24authority for mortgage credit certificates prior to issuing any15.25current year authority of that entitlement issuerin the next 15.26 succeeding calendar year. Any amount deducted from an 15.27 entitlement issuer's allocation under this subdivision shall be 15.28 reallocated to other entitlement issuers, the housing pool, the 15.29 small issue pool, and the public facilities pool on a 15.30 proportional basis consistent with section 474A.03. 15.31 Sec. 25. Minnesota Statutes 2000, section 474A.04, 15.32 subdivision 5, is amended to read: 15.33 Subd. 5. [NOTICE OF ENTITLEMENT ALLOCATION.] As soon as 15.34 possible in each calendar year, the commissioner shallprovide15.35to each entitlement issuer a written notice of the amount of its15.36 post on the department's Web site the amount of each entitlement 16.1 allocation. 16.2 Sec. 26. Minnesota Statutes 2000, section 474A.045, is 16.3 amended to read: 16.4 474A.045 [SCORING SYSTEM FOR ENTERPRISE ZONE FACILITY 16.5 PROJECTS AND MANUFACTURING PROJECTS.] 16.6 The following criteria must be used in determining the 16.7 allocation of enterprise zone facility bonds and small issue 16.8 bonds for manufacturing projects. The issuer must prepare and 16.9 submit to the commissioner a public purpose scoring worksheet 16.10 that presents the data and methods used in determining the total 16.11 score under this section. The total score is the sum of the 16.12 following: 16.13 (1) the number of direct new jobs in the state generated by 16.14 the proposed project for the next two years per $100,000 of 16.15 proposed allocation multiplied by 15; 16.16 (2) the number of direct existing jobs in the state 16.17 multiplied by .625 due to the proposed project for the next two 16.18 years per $100,000 of proposed allocation multiplied by 15; 16.19 (3) the average hourly wage paid to employees by the 16.20 proposed project for the next two years, exclusive of benefits 16.21 mandated by law, based on the following scale: 16.22 Wages paid per hour $ 8 $10 $12 $15 16.23 Non-Metro area points awarded 10 15 20 20 16.24 Seven-County Metro Area 16.25 points awarded 0 10 15 20 16.26 For purposes of this section, the seven-county metropolitan 16.27 area includes Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 16.28 and Washington counties; 16.29 (4) the quotient of the estimated total net increase in 16.30 property taxes generated in the state by the project in the 16.31 first full year of operation divided by the proposed bond 16.32 allocation, multiplied by 500;and16.33 (5) the seasonally unadjusted unemployment rate in the 16.34 community where the proposed project is located measured as a 16.35 percent of the state's unemployment rate, multiplied by ten. 16.36 The community seasonally unadjusted unemployment rate used 17.1 in determining the points under clause (5) must be the most 17.2 recent rate for the city or county in which the proposed project 17.3 is located, as provided by the commissioner of economic security. 17.4 (6) 20 points for projects that locate in an incorporated 17.5 area or a planned urban growth area as defined by section 17.6 462.352, subdivision 18; 17.7 (7) 20 points for brownfield projects located in a state or 17.8 federal Superfund site, a voluntary investigation and cleanup 17.9 site, or a brownfield site, all as defined by the Minnesota 17.10 pollution control agency; and 17.11 (8) 20 points for projects with favorable environmental 17.12 citizenship as evidenced by no nonforgivable or combination 17.13 administrative penalty orders, stipulation agreements, consent 17.14 decrees, or other enforcement orders containing a monetary 17.15 penalty by the Minnesota pollution control agency over the past 17.16 three years or pending at the time of application. 17.17 Sec. 27. Minnesota Statutes 2000, section 474A.047, 17.18 subdivision 1, is amended to read: 17.19 Subdivision 1. [ELIGIBILITY.] (a) An issuer may only use 17.20 the proceeds from residential rental bonds if the proposed 17.21 project meetsone ofthe following requirements: 17.22(1) the proposed project is a single room occupancy project17.23and all the units of the project will be occupied by individuals17.24whose incomes at the time of their initial residency in the17.25project are 50 percent or less of the greater of the statewide17.26or county median income adjusted for household size as17.27determined by the federal Department of Housing and Urban17.28Development;17.29(2) the proposed project is a multifamily project where at17.30least 75 percent of the units have two or more bedrooms and at17.31least one-third of the 75 percent have three or more bedrooms;17.32or17.33(3) the proposed project is a multifamily project that17.34meets the following requirements:17.35(i) the proposed project is the rehabilitation of an17.36existing building which meets the requirements for minimum18.1rehabilitation expenditures in sections 42(e)(2) and 42(e)(3)(A)18.2of the Internal Revenue Code;18.3(ii) the proposed project involves participation by the18.4Minnesota housing finance agency or a local unit of government18.5in the financing of the acquisition or rehabilitation of the18.6project. For purposes of this subdivision, "participation"18.7means an activity other than the issuance of the bonds; and18.8(iii) the proposed project must be occupied by individuals18.9or families whose incomes at the time of their initial residency18.10in the project meet the requirements of section 42(g) of the18.11Internal Revenue Code.18.12 (1) the proposed residential rental project meets the 18.13 requirements of section 142(d) of the Internal Revenue Code 18.14 regarding the incomes of the occupants of the housing; and 18.15 (2) the maximum rent for at least 20 percent of the units 18.16 in the proposed residential rental project do not exceed the 18.17 area fair market rent or exception fair market rents for 18.18 existing housing, if applicable, as established by the federal 18.19 Department of Housing and Urban Development. 18.20 (b)The maximum rent for a proposed single room occupancy18.21unit under paragraph (a), clause (1), is 30 percent of the18.22amount equal to 30 percent of the greater of the statewide or18.23county median income for a one-member household as determined by18.24the federal Department of Housing and Urban Development. The18.25maximum rent for at least 75 percent of the units of a18.26multifamily project under paragraph (a), clause (2), is 3018.27percent of the amount equal to 50 percent of the greater of the18.28statewide or county median income as determined by the federal18.29Department of Housing and Urban Development based on a household18.30size with 1.5 persons per bedroom.18.31(c)The proceeds from residential rental bonds may be used 18.32 for a project for which project-based federal rental assistance 18.33 payments are made only if: 18.34 (1) the owner of the project enters into a binding 18.35 agreement with the Minnesota housing finance agency under which 18.36 the owner is obligated to extend any existing low-income 19.1 affordability restrictions and any contract or agreement for 19.2 rental assistance payments for the maximum term permitted, 19.3 including any renewals thereof; and 19.4 (2) the Minnesota housing finance agency certifies that 19.5 project reserves will be maintained at closing of the bond issue 19.6 and budgeted in future years at the lesser of: 19.7 (i) the level described in Minnesota Rules, part 4900.0010, 19.8 subpart 7, item A, subitem (2), effective May 1, 1997; or 19.9 (ii) the level of project reserves available prior to the 19.10 bond issue, provided that additional money is available to 19.11 accomplish repairs and replacements needed at the time of bond 19.12 issue. 19.13 Sec. 28. Minnesota Statutes 2000, section 474A.047, 19.14 subdivision 2, is amended to read: 19.15 Subd. 2. [15-YEAR AGREEMENT.] Prior to the issuance of 19.16 residential rental bonds, the developer of the project for which 19.17 the bond proceeds will be used must enter into a 15-year 19.18 agreement with the issuer that specifies the maximum rental 19.19 rates of the rent-restricted units in the project and the income 19.20 levels of the residents of the project occupying 19.21 income-restricted units.TheSuch rental rates and income 19.22 levels must be within the limitations established under 19.23 subdivision 1. The developer must annually certify to the 19.24 issuer over the term of the agreement that the rental rates for 19.25 the rent-restricted units are within the limitations under 19.26 subdivision 1. The issuer may request individual certification 19.27 of the income ofallresidents of theprojectincome-restricted 19.28 units. The commissioner may request from the issuer a copy of 19.29 the annual certification prepared by the developer. The 19.30 commissioner may require the issuer to request individual 19.31 certification of all residents of theprojectincome-restricted 19.32 units. 19.33 Sec. 29. Minnesota Statutes 2000, section 474A.061, 19.34 subdivision 1, is amended to read: 19.35 Subdivision 1. [APPLICATION.] (a) An issuer may apply for 19.36 an allocation under this section by submitting to the department 20.1 an application on forms provided by the department, accompanied 20.2 by (1) a preliminary resolution, (2) a statement of bond counsel 20.3 that the proposed issue of obligations requires an allocation 20.4 under this chapter and the Internal Revenue Code, (3) the type 20.5 of qualified bonds to be issued, (4) an application deposit in 20.6 the amount of one percent of the requested allocation before the 20.7 last Monday in July, or in the amount of two percent of the 20.8 requested allocation on or after the last Monday in July, (5) a 20.9 public purpose scoring worksheet for manufacturing project and 20.10 enterprise zone facility project applications, and (6) for 20.11 residential rental projects, a statement from the applicant or 20.12 bond counsel as to whether the project preserves existing 20.13 federally subsidized housing for residential rental project 20.14 applications and whether the project is restricted to persons 20.15 who are 55 years of age or older. The issuer must pay the 20.16 application deposit by a check made payable to the department of 20.17 finance. The Minnesota housing finance agency, the Minnesota 20.18 rural finance authority, and the Minnesota higher education 20.19 services office may apply for and receive an allocation under 20.20 this section without submitting an application deposit. 20.21 (b) An entitlement issuer may not apply for an allocation 20.22 from the housing pool or from the public facilities pool unless 20.23 it has either permanently issued bonds equal to the amount of 20.24 its entitlement allocation for the current year plus any amount 20.25 of bonding authority carried forward from previous years or 20.26 returned for reallocation all of its unused entitlement 20.27 allocation. For purposes of this subdivision, its entitlement 20.28 allocation includes an amount obtained under section 474A.04, 20.29 subdivision 6. This paragraph does not apply to an application 20.30 from the Minnesota housing finance agency for an allocation 20.31 under subdivision 2a for cities who choose to have the agency 20.32 issue bonds on their behalf. 20.33 (c) If an application is rejected under this section, the 20.34 commissioner must notify the applicant and return the 20.35 application deposit to the applicant within 30 days unless the 20.36 applicant requests in writing that the application be 21.1 resubmitted. The granting of an allocation of bonding authority 21.2 under this section must be evidenced by a certificate of 21.3 allocation. 21.4 Sec. 30. Minnesota Statutes 2000, section 474A.061, 21.5 subdivision 2a, is amended to read: 21.6 Subd. 2a. [HOUSING POOL ALLOCATION.] (a)On the first21.7business day that falls on a Monday of the calendar year and the21.8first Monday in FebruaryCommencing on the second Tuesday in 21.9 January and continuing on each Monday through July 15, the 21.10 commissioner shall allocate available bonding authorityinfrom 21.11 the housing pool to applications receivedbyon or before the 21.12 Monday of thepreviouspreceding week for residential rental 21.13 projectsthat are not restricted to persons who are 55 years of21.14age or older andthat meet the eligibility criteria under 21.15 section 474A.047, except that allocations may be made to21.16projects that are restricted to persons who are 55 years of age21.17or older, if the project preserves existing federally subsidized21.18housing. Projects that preserve existing federally subsidized21.19housing shall be allocated available bonding authority in the21.20housing pool for residential rental projects prior to the21.21allocation of available bonding authority to other eligible21.22residential rental projects. Allocations of available bonding 21.23 authority from the housing pool for eligible residential rental 21.24 projects shall be awarded in the following order of priority: 21.25 (1) projects that preserve existing federally subsidized 21.26 housing; (2) projects that are not restricted to persons who are 21.27 55 years of age or older; and (3) other residential rental 21.28 projects. Prior to May 15, no allocation shall be made to a 21.29 project restricted to persons who are 55 years of age or older. 21.30 If an issuer that receives an allocation under this paragraph 21.31 does not issue obligations equal to all or a portion of the 21.32 allocation received within 120 days of the allocation or returns 21.33 the allocation to the commissioner, the amount of the allocation 21.34 is canceled and returned for reallocation through the housing 21.35 pool or to the unified pool after July 15. 21.36 (b) AfterFebruaryJanuary 1, and throughFebruaryJanuary 22.1 15, the Minnesota housing finance agency may accept applications 22.2 from cities for single-family housing programs which meet 22.3 program requirements as follows: 22.4 (1) the housing program must meet a locally identified 22.5 housing need and be economically viable; 22.6 (2) the adjusted income of home buyers may not exceed 80 22.7 percent of the greater of statewide or area median income as 22.8 published by the Department of Housing and Urban Development, 22.9 adjusted for household size; 22.10 (3) house price limits may not exceed the federal price 22.11 limits established for mortgage revenue bond programs. Data on 22.12 the home purchase price amount, mortgage amount, income, 22.13 household size, and race of the households served in the 22.14 previous year's single-family housing program, if any, must be 22.15 included in each application; and 22.16 (4) for applicants who choose to have the agency issue 22.17 bonds on their behalf, an application fee pursuant to section 22.18 474A.03, subdivision 4, and an application deposit equal to one 22.19 percent of the requested allocation must be submitted to the 22.20 Minnesota housing finance agency before the agency forwards the 22.21 list specifying the amounts allocated to the commissioner under 22.22 paragraph(c)(d). The agency shall submit the city's 22.23 application fee and application deposit to the commissioner when 22.24 requesting an allocation from the housing pool. 22.25 Applications by a consortium shall include the name of each 22.26 member of the consortium and the amount of allocation requested 22.27 by each member. 22.28The Minnesota housing finance agency may accept22.29applications from June 15 through June 30 from cities for22.30single-family housing programs which meet program requirements22.31specified under clauses (1) to (4) if bonding authority is22.32available in the housing pool. Applications will be accepted22.33from June 15 to June 30 only from cities that received an22.34allotment in the same calendar year and used at least 75 percent22.35of their allotment by June 1.22.36 (c) Any amounts remaining in the housing pool after July 15 23.1 are available for single-family housing programs for cities that 23.2 applied in January and received an allocation under this section 23.3 in the same calendar year. For a city that chooses to issue 23.4 bonds on its own behalf or pursuant to a joint powers agreement, 23.5 the agency must allot available bonding authority based on the 23.6 formula in paragraphs (d) and (f). Allocations will be made 23.7 loan by loan, on a first come, first served basis 23.8 amongapplicantcities on whose behalf the Minnesota housing 23.9 finance agency issues bonds.The agency must allot available23.10bonding authority.23.11 Any city that received an allocation pursuant to paragraph 23.12 (f) in the same calendar year that wishes to issue bonds on its 23.13 own behalf or pursuant to a joint powers agreement for an amount 23.14 becoming available for single-family housing programs after July 23.15 15 shall notify the Minnesota housing finance agency by July 23.16 15. The Minnesota housing finance agency shall notify each city 23.17 making a request of the amount of its allocation within three 23.18 business days after July 15. The city must comply with 23.19 paragraph (f). 23.20 For purposes of paragraphs (a) to(g)(h), "city" means a 23.21 county or a consortium of local government units that agree 23.22 through a joint powers agreement to apply together for 23.23 single-family housing programs, and has the meaning given it in 23.24 section 462C.02, subdivision 6. "Agency" means the Minnesota 23.25 housing finance agency. 23.26(c)(d) The total amount of allocation for mortgage bonds 23.27 for one city is limited to the lesser of: (i) the amount 23.28 requested, or (ii) the product of the total amount available for 23.29 mortgage bonds from the housing pool, multiplied by the ratio of 23.30 each applicant's population as determined by the most recent 23.31 estimate of the city's population released by the state 23.32 demographer's office to the total of all the applicants' 23.33 population, except that each applicant shall be allocated a 23.34 minimum of $100,000 regardless of the amount requested or the 23.35 amount determined under the formula in clause (ii). If a city 23.36 applying for an allocation is located within a county that has 24.1 also applied for an allocation, the city's population will be 24.2 deducted from the county's population in calculating the amount 24.3 of allocations under this paragraph. 24.4 Upon determining the amount of each applicant's allocation, 24.5 the agency shall forward to the commissioner a list specifying 24.6 the amounts allotted to each applicationand application deposit24.7checks to the commissionerwith all application fees and 24.8 deposits from applicants who choose to have the agency issue 24.9 bonds on their behalf. 24.10 Total allocations from the housing pool for single-family 24.11 housing programs may not exceed 31 percent of the adjusted 24.12 allocation to the housing pool until after July 15. 24.13(d)(e) The agency may issue bonds on behalf of 24.14 participating cities. The agency shall request an allocation 24.15 from the commissioner for all applicants who choose to have the 24.16 agency issue bonds on their behalf and the commissioner shall 24.17 allocate the requested amount to the agency. The agency may 24.18 request an allocation at any time after thefirst Mondaysecond 24.19 Tuesday inFebruaryJanuary and through the last Monday in July,24.20but may request an allocation no later than the last Monday in24.21July. After awarding an allocation and receiving a notice of 24.22 issuance for the mortgage bonds issued on behalf of the 24.23 participating cities, the commissioner shall transfer the 24.24 application deposits to the Minnesota housing finance agency to 24.25 be returned to the participating cities. Thecommissioner24.26 Minnesota housing finance agency shall return any application 24.27 deposit to a city that paid an application deposit under 24.28 paragraph (b), clause (4), but was not part of the list 24.29 forwarded to the commissioner under paragraph(c)(d). 24.30(e)(f) A city may choose to issue bonds on its own behalf 24.31 or through a joint powers agreementor may use bonding authority24.32for mortgage credit certificatesand may request an allocation 24.33 from the commissioner by forwarding an application with an 24.34 application fee pursuant to section 474A.03, subdivision 4, and 24.35 a one percent application deposit to the commissioner no later 24.36 than the Monday of the week preceding an allocation. If the 25.1 total amount requested by all applicants exceeds the amount 25.2 available in the pool, the city may not receive a greater 25.3 allocation than the amount it would have received under the list 25.4 forwarded by the Minnesota housing finance agency to the 25.5 commissioner. No city may request or receive an allocation from 25.6 the commissioner until the list under paragraph(c)(d) has been 25.7 forwarded to the commissioner. A city must request an 25.8 allocation from the commissioner no later than14 days before25.9the unified pool is created pursuant to section 474A.091,25.10subdivision 1the last Monday in July.On and after the first25.11Monday in February and through the last Monday in July,No city 25.12 may receive an allocation from the housing pool for mortgage 25.13 bonds which has not first applied to the Minnesota housing 25.14 finance agency. The commissioner shall allocate the requested 25.15 amount to the city or cities subject to the limitations under 25.16 this paragraph. 25.17 If a city issues mortgage bonds from an allocation received 25.18 under this paragraph, the issuer must provide for the recycling 25.19 of funds into new loans. If the issuer is not able to provide 25.20 for recycling, the issuer must notify the commissioner in 25.21 writing of the reason that recycling was not possible and the 25.22 reason the issuer elected not to have the Minnesota housing 25.23 finance agency issue the bonds. "Recycling" means the use of 25.24 money generated from the repayment and prepayment of loans for 25.25 further eligible loans or for the redemption of bonds and the 25.26 issuance of current refunding bonds. 25.27(f)(g) No entitlement city or county or city in an 25.28 entitlement county may apply for or be allocated authority to 25.29 issue mortgage bonds or use mortgage credit certificates from 25.30 the housing pool. No city in an entitlement county may apply 25.31 for or be allocated authority to issue residential rental bonds 25.32 from the housing pool or the unified pool. 25.33(g)(h) A city that does not use at least 50 percent of its 25.34 allotment by the date applications are due for the first 25.35 allocation that is made from the housing pool for single-family 25.36 housing programs in the immediately succeeding calendar year may 26.1 not apply to the housing pool for a single-family mortgage bond 26.2 or mortgage credit certificate program allocation that exceeds 26.3 the amount of its allotment for the preceding year that was used 26.4 by the city in the immediately preceding year or receive an 26.5 allotment from the housing pool in the succeeding calendar year 26.6 that exceeds the amount of its allotment for the preceding year 26.7 that was used in the preceding year. The minimum allotment is 26.8 $100,000 for an allocation made prior to July 15, regardless of 26.9 the amount used in the preceding calendar year, except that a 26.10 city whose allocation in the preceding year was the minimum 26.11 amount of $100,000 and who did not use at least 50 percent of 26.12 its allocation from the preceding year is ineligible for an 26.13 allocation in the immediate succeeding calendar year. Each 26.14 local government unit in a consortium must meet the requirements 26.15 of this paragraph. 26.16 Sec. 31. Minnesota Statutes 2000, section 474A.061, 26.17 subdivision 2b, is amended to read: 26.18 Subd. 2b. [SMALL ISSUE POOL ALLOCATION.]On the first26.19Monday in January that is a business day through the last Monday26.20in JulyCommencing on the second Tuesday in January and 26.21 continuing on each Monday through the last Monday in July, the 26.22 commissioner shall allocate available bonding authority from the 26.23 small issue poolon Monday of each weekto applications received 26.24 on or before the Monday of the preceding week for manufacturing 26.25 projects and enterprise zone facility projects. From thefirst26.26Monday in January that is a business daysecond Tuesday in 26.27 January through the last Monday in July, the commissioner shall 26.28 reserve $5,000,000 of the available bonding authority from the 26.29 small issue pool for applications for agricultural development 26.30 bond loan projects of the Minnesota rural finance authority. 26.31 Beginning in calendar year 2002, on the second Tuesday in 26.32 January through the last Monday in July, the commissioner shall 26.33 reserve $10,000,000 of available bonding authority in the small 26.34 issue pool for applications for student loan bonds of or on 26.35 behalf of the Minnesota higher education services office. The 26.36 total amount of allocations for student loan bonds from the 27.1 small issue pool may not exceed $10,000,000 per year. 27.2 The commissioner shall reserve $10,000,000 until the day 27.3 after the last Monday in February, $10,000,000 until the day 27.4 after the last Monday in April, and $10,000,000 until the day 27.5 after the last Monday in June in the small issue pool 27.6 for enterprise zone facility projects and manufacturing 27.7 projects. The amount of allocation provided to an issuer for a 27.8 specific enterprise zone facility project or manufacturing 27.9 project will be based on the number of points received for the 27.10 proposed project under the scoring system under section 27.11 474A.045.Proposed projects that receive 50 points or more are27.12eligible for all of the proposed allocation. Proposed projects27.13that receive less than 50 points are eligible to receive a27.14proportionally reduced share of the proposed authority, based27.15upon the number of points received.27.16 If there are two or more applications for manufacturing and 27.17 enterprise zone facility projects from the small issue pool and 27.18 there is insufficient bonding authority to provide allocations 27.19 for all projects in any one week, the available bonding 27.20 authority shall be awarded based on the number of points awarded 27.21 a project under section 474A.045, with those projects receiving 27.22 the greatest number of points receiving allocation first. If 27.23 two or more applications receive an equal number of points, 27.24 available bonding authority shall be awarded by lot unless 27.25 otherwise agreed to by the respective issuers. 27.26 Sec. 32. Minnesota Statutes 2000, section 474A.061, 27.27 subdivision 2c, is amended to read: 27.28 Subd. 2c. [PUBLIC FACILITIES POOL ALLOCATION.] From the 27.29 beginning of the calendar year and continuing for a period of 27.30 120 days, the commissioner shall reserve$5,000,000$3,000,000 27.31 of the available bonding authority from the public facilities 27.32 pool for applications for public facilities projects to be 27.33 financed by the Western Lake Superior Sanitary District.On the27.34first Monday in January that is a business day through the last27.35Monday in JulyCommencing on the second Tuesday in January and 27.36 continuing on each Monday through the last Monday in July, the 28.1 commissioner shall allocate available bonding authority from the 28.2 public facilities poolon Monday of each weekto applications 28.3 for eligible public facilities projects received on or before 28.4 the Monday of the preceding week. If there are two or more 28.5 applications for public facilities projects from the pool and 28.6 there is insufficient available bonding authority to provide 28.7 allocations for all projects in any one week, the available 28.8 bonding authority shall be awarded by lot unless otherwise 28.9 agreed to by the respective issuers. 28.10 Sec. 33. Minnesota Statutes 2000, section 474A.061, 28.11 subdivision 4, is amended to read: 28.12 Subd. 4. [RETURN OF ALLOCATION; DEPOSIT REFUND.] (a) If an 28.13 issuer that receives an allocation under this section determines 28.14 that it will not issue obligations equal to all or a portion of 28.15 the allocation received under this section within 120 days of 28.16 allocation or within the time period permitted by federal tax 28.17 law, whichever is less, the issuer must notify the department. 28.18 If the issuer notifies the department or the 120-day period 28.19 since allocation has expired prior to the last Monday in July, 28.20 the amount of allocation is canceled and returned for 28.21 reallocation through the pool from which it was originally 28.22 allocated. If the issuer notifies the department or the 120-day 28.23 period since allocation has expired on or after the last Monday 28.24 in July, the amount of allocation is canceled and returned for 28.25 reallocation through the unified pool. If the issuer notifies 28.26 the department after the last Monday in November, the amount of 28.27 allocation is canceled and returned for reallocation to the 28.28 Minnesota housing finance agency. To encourage a competitive 28.29 application process, the commissioner shall reserve, for new 28.30 applications, the amount of allocation that is canceled and 28.31 returned for reallocation under this section for a minimum of 28.32 seven calendar days. 28.33 (b) An issuer that returns for reallocation all or a 28.34 portion of an allocation received under this section within 120 28.35 days of allocation shall receive within 30 days a refund equal 28.36 to: 29.1 (1) one-half of the application deposit for the amount of 29.2 bonding authority returned within 30 days of receiving 29.3 allocation; 29.4 (2) one-fourth of the application deposit for the amount of 29.5 bonding authority returned between 31 and 60 days of receiving 29.6 allocation; and 29.7 (3) one-eighth of the application deposit for the amount of 29.8 bonding authority returned between 61 and 120 days of receiving 29.9 allocation. 29.10 (c) No refund shall be available for allocations returned 29.11 120 or more days after receiving the allocation or beyond the 29.12 last Monday in November.This subdivision does not apply to the29.13Minnesota housing finance agency or the Minnesota rural finance29.14authority.29.15 Sec. 34. [474A.062] [HESO 120-DAY ISSUANCE EXEMPTION.] 29.16 The Minnesota higher education services office is exempt 29.17 from the 120-day issuance requirements in this chapter and may 29.18 carry forward allocations for student loan bonds into three 29.19 successive calendar years, subject to carryforward notice 29.20 requirements of section 474A.131, subdivision 2. The maximum 29.21 cumulative carryforward is limited to $25,000,000. 29.22 Sec. 35. Minnesota Statutes 2000, section 474A.091, 29.23 subdivision 2, is amended to read: 29.24 Subd. 2. [APPLICATION.] Issuers may apply for an 29.25 allocation under this section by submitting to the department an 29.26 application on forms provided by the department accompanied by 29.27 (1) a preliminary resolution, (2) a statement of bond counsel 29.28 that the proposed issue of obligations requires an allocation 29.29 under this chapter and the Internal Revenue Code, (3) the type 29.30 of qualified bonds to be issued, (4) an application deposit in 29.31 the amount of two percent of the requested allocation,and(5) a 29.32 public purpose scoring worksheet for manufacturing and 29.33 enterprise zone applications, and (6) for residential rental 29.34 projects, a statement from the applicant or bond counsel as to 29.35 whether the project preserves existing federally subsidized 29.36 housing and whether the project is restricted to persons who are 30.1 55 years of age or older. The issuer must pay the application 30.2 deposit by check. An entitlement issuer may not apply for an 30.3 allocation for public facility bonds, residential rental project 30.4 bonds, or mortgage bonds under this section unless it has either 30.5 permanently issued bonds equal to the amount of its entitlement 30.6 allocation for the current year plus any amount carried forward 30.7 from previous years or returned for reallocation all of its 30.8 unused entitlement allocation. For purposes of this 30.9 subdivision, its entitlement allocation includes an amount 30.10 obtained under section 474A.04, subdivision 6. 30.11 Notwithstanding the restrictions imposed on entitlement 30.12 issuers under this subdivision, the Minnesota housing finance 30.13 agency may notapply forreceive an allocation for mortgage 30.14 bonds under this sectionuntil afterprior to thelastfirst 30.15 Monday inAugust. Notwithstanding the restrictions imposed on30.16unified pool allocations after September 1 under subdivision 3,30.17paragraph (c)(2), the Minnesota housing finance agencyOctober, 30.18 but may be awarded allocations for mortgage bonds from the 30.19 unified pool on or afterSeptember 1the first Monday in 30.20 October. The Minnesota housing finance agency, the Minnesota 30.21 higher education services office, and the Minnesota rural 30.22 finance authority may apply for and receive an allocation under 30.23 this section without submitting an application deposit. 30.24 Sec. 36. Minnesota Statutes 2000, section 474A.091, 30.25 subdivision 3, is amended to read: 30.26 Subd. 3. [ALLOCATION PROCEDURE.] (a) The commissioner 30.27 shall allocate available bonding authority under this section on 30.28 the Monday of every other week beginning with the first Monday 30.29 in August through and on the last Monday in November. 30.30 Applications for allocations must be received by the department 30.31 by 4:30 p.m. on the Monday preceding the Monday on which 30.32 allocations are to be made. If a Monday falls on a holiday, the 30.33 allocation will be made or the applications must be received by 30.34 the next business day after the holiday. 30.35(b) On or before September 1, allocations shall be awarded30.36from the unified pool in the following order of priority:31.1(1) applications for enterprise zone facility bonds;31.2(2) applications for small issue bonds for manufacturing31.3projects;31.4(3) applications for small issue bonds for agricultural31.5development bond loan projects;31.6(4) applications for residential rental project bonds;31.7(5) applications for public facility projects funded by31.8public facility bonds;31.9(6) applications for redevelopment bonds;31.10(7) applications for mortgage bonds; and31.11(8) applications for governmental bonds.31.12Allocations for residential rental projects may only be31.13made during the first allocation in August. The amount of31.14allocation provided to an issuer for a specific manufacturing31.15project will be based on the number of points received for the31.16proposed project under the scoring system under section 474A.045.31.17Proposed manufacturing projects that receive 50 points or more31.18are eligible for all of the proposed allocation. Proposed31.19manufacturing projects that receive less than 50 points under31.20section 474A.045 are only eligible to receive a proportionally31.21reduced share of the proposed authority, based upon the number31.22of points received.31.23 (b) Prior to October 1, only the following applications 31.24 shall be awarded allocations from the unified pool. Allocations 31.25 shall be awarded in the following order of priority: 31.26 (1) applications for residential rental project bonds; 31.27 (2) applications for small issue bonds for manufacturing 31.28 projects; and 31.29 (3) applications for small issue bonds for agricultural 31.30 development bond loan projects. 31.31 (c) On the first Monday in October through the last Monday 31.32 in November, allocations shall be awarded from the unified pool 31.33 in the following order of priority: 31.34 (1) applications for student loan bonds issued by or on 31.35 behalf of the Minnesota higher education services office; 31.36 (2) applications for mortgage bonds; 32.1 (3) applications for public facility projects funded by 32.2 public facility bonds; 32.3 (4) applications for small issue bonds for manufacturing 32.4 projects; 32.5 (5) applications for small issue bonds for agricultural 32.6 development bond loan projects; 32.7 (6) applications for residential rental project bonds; 32.8 (7) applications for enterprise zone facility bonds; 32.9 (8) applications for governmental bonds; and 32.10 (9) applications for redevelopment bonds. 32.11 (d) If there are two or more applications for manufacturing 32.12 projects from the unified pool and there is insufficient bonding 32.13 authority to provide allocations for all manufacturing projects 32.14 in any one allocation period, the available bonding authority 32.15 shall be awarded based on the number of points awarded a project 32.16 under section 474A.045 with those projects receiving the 32.17 greatest number of points receiving allocation first. If two or 32.18 more applications for manufacturing projects receive an equal 32.19 amount of points, available bonding authority shall be awarded 32.20 by lot unless otherwise agreed to by the respective issuers. 32.21 (e) If there are two or more applications for enterprise 32.22 zone facility projects from the unified pool and there is 32.23 insufficient bonding authority to provide allocations for all 32.24 enterprise zone facility projects in any one allocation period, 32.25 the available bonding authority shall be awarded based on the 32.26 number of points awarded a project under section 474A.045 with 32.27 those projects receiving the greatest number of points receiving 32.28 allocation first. If two or more applications for enterprise 32.29 zone facility projects receive an equal amount of points, 32.30 available bonding authority shall be awarded by lot unless 32.31 otherwise agreed to by the respective issuers. 32.32 (f) If there are two or more applications for residential 32.33 rental projects from the unified pool and there is insufficient 32.34 bonding authority to provide allocations for all residential 32.35 rental projects in any one allocation period, the available 32.36 bonding authority shall be awarded in the following order of 33.1 priority: (1) projects that preserve existing federally 33.2 subsidized housing; (2) projects that are not restricted to 33.3 persons who are 55 years of age or older; and (3) other 33.4 residential rental projects. 33.5(c)(1)(g) From the first Monday in August through the last 33.6 Monday in November, $20,000,000 of bonding authority or an 33.7 amount equal to the total annual amount of bonding authority 33.8 allocated to the small issue pool under section 474A.03, 33.9 subdivision 1, less the amount allocated to issuers from the 33.10 small issue pool for that year, whichever is less, is reserved 33.11 within the unified pool for small issue bonds to the extent such 33.12 amounts are available within the unified pool.On the first33.13Monday in September through the last Monday in November,33.14$2,500,000 of bonding authority or an amount equal to the total33.15annual amount of bonding authority allocated to the public33.16facilities pool under section 474A.03, subdivision 1, less the33.17amount allocated to issuers from the public facilities pool for33.18that year, whichever is less, is reserved within the unified33.19pool for public facility bonds to the extent such amounts are33.20available within the unified pool.33.21(2)(h) The total amount of allocations for mortgage bonds 33.22 from the housing pool and the unified pool may not exceed: 33.23(i)(1) $10,000,000 for any one city; or 33.24(ii)(2) $20,000,000 for any number of cities in any one 33.25 county. 33.26An allocation for mortgage bonds may be used for mortgage33.27credit certificates.33.28(d) After September 1, allocations shall be awarded from33.29the unified pool only for the following types of qualified bonds:33.30small issue bonds, public facility bonds to finance publicly33.31owned facility projects, residential rental project bonds, and33.32enterprise zone facility bonds.33.33 (i) The total amount of allocations for student loan bonds 33.34 from the unified pool may not exceed $10,000,000 per year. 33.35 (j) If there is insufficient bonding authority to fund all 33.36 projects within any qualified bond category other than 34.1 enterprise zone facility projects, manufacturing projects, and 34.2 residential rental projects, allocations shall be awarded by lot 34.3 unless otherwise agreed to by the respective issuers. 34.4 (k) If an application is rejected, the commissioner must 34.5 notify the applicant and return the application deposit to the 34.6 applicant within 30 days unless the applicant requests in 34.7 writing that the application be resubmitted. 34.8 (l) The granting of an allocation of bonding authority 34.9 under this section must be evidenced by issuance of a 34.10 certificate of allocation. 34.11 Sec. 37. Minnesota Statutes 2000, section 474A.091, is 34.12 amended by adding a subdivision to read: 34.13 Subd. 3a. [MORTGAGE BONDS.] (a) Bonding authority 34.14 remaining in the unified pool on October 1 is available for 34.15 single-family housing programs for cities that applied in 34.16 January and received an allocation under section 474A.061, 34.17 subdivision 2a, in the same calendar year. The Minnesota 34.18 housing finance agency shall receive an allocation for mortgage 34.19 bonds pursuant to this section, minus any amounts for a city or 34.20 consortium that intends to issue bonds on its own behalf under 34.21 paragraph (c). 34.22 (b) The agency may issue bonds on behalf of participating 34.23 cities. The agency shall request an allocation from the 34.24 commissioner for all applicants who choose to have the agency 34.25 issue bonds on their behalf and the commissioner shall allocate 34.26 the requested amount to the agency. Allocations shall be 34.27 awarded by the commissioner each Monday commencing on the first 34.28 Monday in October through the last Monday in November for 34.29 applications received by 4:30 p.m. on the Monday of the week 34.30 preceding an allocation. 34.31 For cities who choose to have the agency issue bonds on 34.32 their behalf, allocations will be made loan by loan, on a first 34.33 come, first served basis among the cities. The agency shall 34.34 submit an application fee pursuant to section 474A.03, 34.35 subdivision 4, and an application deposit equal to two percent 34.36 of the requested allocation to the commissioner when requesting 35.1 an allocation from the unified pool. After awarding an 35.2 allocation and receiving a notice of issuance for mortgage bonds 35.3 issued on behalf of the participating cities, the commissioner 35.4 shall transfer the application deposit to the Minnesota housing 35.5 finance agency. 35.6 For purposes of paragraphs (a) to (d), "city" means a 35.7 county or a consortium of local government units that agree 35.8 through a joint powers agreement to apply together for 35.9 single-family housing programs, and has the meaning given it in 35.10 section 462C.02, subdivision 6. "Agency" means the Minnesota 35.11 housing finance agency. 35.12 (c) Any city that received an allocation pursuant to 35.13 section 474A.061, subdivision 2a, paragraph (f), in the current 35.14 year that wishes to receive an additional allocation from the 35.15 unified pool and issue bonds on its own behalf or pursuant to a 35.16 joint powers agreement shall notify the Minnesota housing 35.17 finance agency by the third Monday in September. The total 35.18 amount of allocation for mortgage bonds for a city choosing to 35.19 issue bonds on its own behalf or through a joint powers 35.20 agreement is limited to the lesser of: (i) the amount 35.21 requested, or (ii) the product of the total amount available for 35.22 mortgage bonds from the unified pool, multiplied by the ratio of 35.23 the population of each city that applied in January and received 35.24 an allocation under section 474A.061, subdivision 2a, in the 35.25 same calendar year, as determined by the most recent estimate of 35.26 the city's population released by the state demographer's office 35.27 to the total of the population of all the cities that applied in 35.28 January and received an allocation under section 474A.061, 35.29 subdivision 2a, in the same calendar year. If a city choosing 35.30 to issue bonds on its own behalf or through a joint powers 35.31 agreement is located within a county that has also chosen to 35.32 issue bonds on its own behalf or through a joint powers 35.33 agreement, the city's population will be deducted from the 35.34 county's population in calculating the amount of allocations 35.35 under this paragraph. 35.36 The Minnesota housing finance agency shall notify each city 36.1 choosing to issue bonds on its own behalf or pursuant to a joint 36.2 powers agreement of the amount of its allocation by October 15. 36.3 Upon determining the amount of the allocation of each choosing 36.4 to issue bonds on its own behalf or through a joint powers 36.5 agreement, the agency shall forward a list specifying the 36.6 amounts allotted to each city. 36.7 A city that chooses to issue bonds on its own behalf or 36.8 through a joint powers agreement may request an allocation from 36.9 the commissioner by forwarding an application with an 36.10 application fee pursuant to section 474A.03, subdivision 4, and 36.11 an application deposit equal to two percent of the requested 36.12 amount to the commissioner no later than 4:30 p.m. on the Monday 36.13 of the week preceding an allocation. Allocations to cities that 36.14 choose to issue bonds on their own behalf shall be awarded by 36.15 the commissioner on the first Monday after October 15 through 36.16 the last Monday in November. No city may receive an allocation 36.17 from the commissioner after the last Monday in November. The 36.18 commissioner shall allocate the requested amount to the city or 36.19 cities subject to the limitations under this subdivision. 36.20 If a city issues mortgage bonds from an allocation received 36.21 under this paragraph, the issuer must provide for the recycling 36.22 of funds into new loans. If the issuer is not able to provide 36.23 for recycling, the issuer must notify the commissioner in 36.24 writing of the reason that recycling was not possible and the 36.25 reason the issuer elected not to have the Minnesota housing 36.26 finance agency issue the bonds. "Recycling" means the use of 36.27 money generated from the repayment and prepayment of loans for 36.28 further eligible loans or for the redemption of bonds and the 36.29 issuance of current refunding bonds. 36.30 (d) No entitlement city or county or city in an entitlement 36.31 county may apply for or be allocated authority to issue mortgage 36.32 bonds or use mortgage credit certificates from the unified pool. 36.33 (e) An allocation awarded to the agency for mortgage bonds 36.34 under this section may be carried forward by the agency into the 36.35 next succeeding calendar year subject to notice requirements 36.36 under section 474A.131 and is available until the last business 37.1 day in December of that succeeding calendar year. 37.2 Sec. 38. Minnesota Statutes 2000, section 474A.091, 37.3 subdivision 4, is amended to read: 37.4 Subd. 4. [MORTGAGE BONDSREMAINING BONDING AUTHORITY.] All 37.5 remaining bonding authority available for allocation under this 37.6 section on December 1, is allocated to the Minnesota housing 37.7 finance agency. 37.8 Sec. 39. Minnesota Statutes 2000, section 474A.091, 37.9 subdivision 5, is amended to read: 37.10 Subd. 5. [RETURN OF ALLOCATION; DEPOSIT REFUND.] (a) If an 37.11 issuer that receives an allocation under this section determines 37.12 that it will not issue obligations equal to all or a portion of 37.13 the allocation received under this section within 120 days of 37.14 the allocation or within the time period permitted by federal 37.15 tax law, whichever is less, the issuer must notify the 37.16 department. If the issuer notifies the department or the 37.17 120-day period since allocation has expired prior to the last 37.18 Monday in November, the amount of allocation is canceled and 37.19 returned for reallocation through the unified pool. If the 37.20 issuer notifies the department on or after the last Monday in 37.21 November, the amount of allocation is canceled and returned for 37.22 reallocation to the Minnesota housing finance agency. To 37.23 encourage a competitive application process, the commissioner 37.24 shall reserve, for new applications, the amount of allocation 37.25 that is canceled and returned for reallocation under this 37.26 section for a minimum of seven calendar days. 37.27 (b) An issuer that returns for reallocation all or a 37.28 portion of an allocation received under this section within 120 37.29 days of the allocation shall receive within 30 days a refund 37.30 equal to: 37.31 (1) one-half of the application deposit for the amount of 37.32 bonding authority returned within 30 days of receiving the 37.33 allocation; 37.34 (2) one-fourth of the application deposit for the amount of 37.35 bonding authority returned between 31 and 60 days of receiving 37.36 the allocation; and 38.1 (3) one-eighth of the application deposit for the amount of 38.2 bonding authority returned between 61 and 120 days of receiving 38.3 the allocation. 38.4 (c) No refund of the application deposit shall be available 38.5 for allocations returned on or after the last Monday in November. 38.6This subdivision does not apply to the Minnesota housing finance38.7agency, or the Minnesota rural finance authority.38.8 Sec. 40. Minnesota Statutes 2000, section 474A.091, 38.9 subdivision 6, is amended to read: 38.10 Subd. 6. [FINAL ALLOCATION; CARRYFORWARD.] Notwithstanding 38.11 the notice requirements of section 474A.131, subdivision 2, any 38.12 bonding authority remaining unissued by the Minnesota housing 38.13 finance agency on the last business day in December shall be 38.14 carried forward into the next calendar year by the commissioner 38.15 for the Minnesota housing finance agencyin accordance with38.16section 474A.131, subdivision 2. 38.17 Sec. 41. Minnesota Statutes 2000, section 474A.131, 38.18 subdivision 1, is amended to read: 38.19 Subdivision 1. [NOTICE OF ISSUE.] Each issuer that issues 38.20 bonds with an allocation received under this chapter shall 38.21 provide a notice of issue to the department on forms provided by 38.22 the department stating: 38.23 (1) the date of issuance of the bonds; 38.24 (2) the title of the issue; 38.25 (3) the principal amount of the bonds; 38.26 (4) the type of qualified bonds under federal tax law;and38.27 (5) the dollar amount of the bonds issued that were subject 38.28 to the annual volume cap; and 38.29 (6) for entitlement issuers, whether the allocation is from 38.30 current year entitlement authority or is from carry forward 38.31 authority. 38.32 For obligations that are issued as a part of a series of 38.33 obligations, a notice must be provided for each series. A 38.34 penalty of one-half of the amount of the application deposit not 38.35 to exceed $5,000 shall apply to any issue of obligations for 38.36 which a notice of issue is not provided to the department within 39.1 five business days after issuance or before the last Monday in 39.2 December, whichever occurs first. Within 30 days after receipt 39.3 of a notice of issue the department shall refund a portion of 39.4 the application deposit equal to one percent of the amount of 39.5 the bonding authority actually issued if a one percent 39.6 application deposit was made, or equal to two percent of the 39.7 amount of the bonding authority actually issued if a two percent 39.8 application deposit was made, less any penalty amount. 39.9 Sec. 42. Minnesota Statutes 2000, section 474A.131, is 39.10 amended by adding a subdivision to read: 39.11 Subd. 1b. [DEADLINE FOR ISSUANCE OF QUALIFIED BONDS.] If 39.12 an issuer fails to notify the department before 4:30 p.m. on the 39.13 last business day in December of issuance of obligations 39.14 pursuant to an allocation received for any qualified bond 39.15 project or issuance of an entitlement allocation, the allocation 39.16 is canceled and the bonding authority is allocated to the 39.17 Minnesota housing finance agency for carryforward by the 39.18 commissioner under section 474A.091, subdivision 6. 39.19 Sec. 43. Minnesota Statutes 2000, section 474A.131, 39.20 subdivision 2, is amended to read: 39.21 Subd. 2. [CARRYFORWARD NOTICE.] If an issuer intends to 39.22 carry forward an allocation received under this chapter, it must 39.23 notify the department in writing before 4:30 p.m. on the last 39.24Monday ofbusiness day in December. This notice requirement 39.25 does not apply to the Minnesota housing finance agency for the 39.26 carryforward of unallocated unified pool balances. 39.27 Sec. 44. Minnesota Statutes 2000, section 474A.14, is 39.28 amended to read: 39.29 474A.14 [NOTICE OF AVAILABLE AUTHORITY.] 39.30 The department shallpublish in the State Register a39.31 provide at its official Web site a written notice of the amount 39.32 of bonding authority in the housing, small issue, and public 39.33 facilities pools as soon after January 1 as possible. The 39.34 department shallpublish in the State Register aprovide at its 39.35 official Web site a written notice of the amount of bonding 39.36 authority available for allocation in the unified pool as soon 40.1 after August 1 as possible. 40.2 Sec. 45. Minnesota Statutes 2000, section 475.54, 40.3 subdivision 1, is amended to read: 40.4 Subdivision 1. [IN INSTALLMENTS; EXCEPTION; ANNUAL LIMIT.] 40.5 Except as provided in subdivision 3, 5a, 15, or 17, or as 40.6 expressly authorized in another law, all obligations of each 40.7 issue shall mature or be subject to mandatory sinking fund 40.8 redemption in installments, the first not later than three years 40.9 and the last not later than 30 years from the date of the issue; 40.10 or 40 years or the useful life of the asset, whichever is less, 40.11 for municipal water and wastewater treatment systems and 40.12 essential community facilities financed or guaranteed by the 40.13 United States Department of Agriculture. No amount of principal 40.14 of the issue payable in any calendar year shall exceedfive40.15times thean amountofequal to the smallest amount payable in 40.16 any preceding calendar year ending three years or more after the 40.17 issue date multiplied: 40.18 (1) by five, in the case of obligations maturing not later 40.19 than 25 years from the date of issue; and 40.20 (2) by six, in the case of obligations maturing 25 years or 40.21 later from the date of issue. 40.22 [EFFECTIVE DATE.] This section is effective the day 40.23 following final enactment. 40.24 Sec. 46. Minnesota Statutes 2000, section 475.58, 40.25 subdivision 1, is amended to read: 40.26 Subdivision 1. [APPROVAL BY ELECTORS; EXCEPTIONS.] 40.27 Obligations authorized by law or charter may be issued by any 40.28 municipality upon obtaining the approval of a majority of the 40.29 electors voting on the question of issuing the obligations, but 40.30 an election shall not be required to authorize obligations 40.31 issued: 40.32 (1) to pay any unpaid judgment against the municipality; 40.33 (2) for refunding obligations; 40.34 (3) for an improvement or improvement program, which 40.35 obligation is payable wholly or partly from the proceeds of 40.36 special assessments levied upon property specially benefited by 41.1 the improvement or by an improvement within the improvement 41.2 program, or of taxes levied upon the increased value of property 41.3 within a district for the development of which the improvement 41.4 is undertaken, including obligations which are the general 41.5 obligations of the municipality, if the municipality is entitled 41.6 to reimbursement in whole or in part from the proceeds of such 41.7 special assessments or taxes and not less than 20 percent of the 41.8 cost of the improvement or the improvement program is to be 41.9 assessed against benefited property or is to be paid from the 41.10 proceeds of federal grant funds or a combination thereof, or is 41.11 estimated to be received from such taxes within the district; 41.12 (4) payable wholly from the income of revenue producing 41.13 conveniences; 41.14 (5) under the provisions of a home rule charter which 41.15 permits the issuance of obligations of the municipality without 41.16 election; 41.17 (6) under the provisions of a law which permits the 41.18 issuance of obligations of a municipality without an election, 41.19 subject to the reverse referendum requirement in subdivision 1b; 41.20 (7) to fund pension or retirement fund liabilities pursuant 41.21 to section 475.52, subdivision 6; 41.22 (8) under a capital improvement plan under section 373.40; 41.23 (9) to fund facilities as provided in subdivision 3; and 41.24 (10) under sections 469.1813 to 469.1815 (property tax 41.25 abatement authority bonds). 41.26 Sec. 47. Minnesota Statutes 2000, section 475.58, 41.27 subdivision 1a, is amended to read: 41.28 Subd. 1a. [RESUBMISSION LIMITATION.] If the electors do 41.29 not approve the issuing of obligations at an election required 41.30 by subdivision 1 or subdivision 1b, the question of authorizing 41.31 the obligations for the same purpose and in the same amount may 41.32 not be submitted to the electors within a period of 180 days 41.33 from the date the election was held. If the question of 41.34 authorizing the obligations for the same purpose and in the same 41.35 amount is not approved a second time it may not be submitted to 41.36 the electors within a period of one year after the second 42.1 election. 42.2 Sec. 48. Minnesota Statutes 2000, section 475.58, is 42.3 amended by adding a subdivision to read: 42.4 Subd. 1b. [REVERSE REFERENDUM REQUIRED.] Any authority 42.5 given to a statutory or home rule charter city, county, or town 42.6 in general or special law to issue general obligation bonds 42.7 under this chapter that is exempt from the election requirement 42.8 under subdivision 1, clause (6), is subject to the reverse 42.9 referendum requirement in this subdivision. The city, county, 42.10 or town must publish a notice of its intention to issue the 42.11 bonds and the date and time of a hearing to obtain public 42.12 comment on the matter. The notice must be published in the 42.13 official newspaper of the local government unit or in a 42.14 newspaper of general circulation in the local government's 42.15 jurisdiction. The notice must be published at least 14 but not 42.16 more than 28 days before the date of the hearing. The local 42.17 government unit may issue the bonds only upon obtaining approval 42.18 of a majority of the voters voting on the question of issuing 42.19 the obligations, if a petition requesting a vote on the issuance 42.20 is signed by voters equal to five percent of the votes cast in 42.21 the local government's last general election and is filed with 42.22 the chief clerical officer of the city, county, or town within 42.23 30 days after the public hearing. The commissioner of revenue 42.24 shall prepare a suggested form of the question to be presented 42.25 at election. 42.26 Sec. 49. Laws 1974, chapter 473, is amended to read: 42.27 Section 1. [SCOTT COUNTY; HOUSING AND REDEVELOPMENT 42.28 AUTHORITY.] 42.29 (a) There is hereby created in Scott county a public body 42.30 corporate and politic, to be known as the Scott county housing 42.31 and redevelopment authority, having all the powers and duties of 42.32 a housing and redevelopment authority under the provisions 42.33 ofthe municipal housing and redevelopment act,Minnesota 42.34 Statutes, sections462.411 to 462.711, and acts amendatory42.35thereof; which act applies to the county of Scott469.001 to 42.36 469.047, and having those powers of an economic development 43.1 authority under the provisions of Minnesota Statutes, sections 43.2 469.090 to 469.180, as are granted to it by Scott county as 43.3 provided below. For the purposes of applying the provisions of 43.4the municipal housing and redevelopment actMinnesota Statutes, 43.5 sections 469.001 to 469.047 and 469.090 to 469.180, to Scott 43.6 county, the county has all the powers and duties of a 43.7 municipality, the county board has all of the powers and duties 43.8 of a governing body, the chairman of the county board has all of 43.9 the powers and duties of a mayor, and the area of operation 43.10 includes the area within the territorial boundaries of the 43.11 county. 43.12 Sec. 2. [APPLICATION.] 43.13 Subdivision 1. This act shall not limit or restrict any 43.14 existing housing and redevelopment authority or prevent a 43.15 municipality from creating an authority.The county shall not43.16exercise jurisdiction in any municipality where a municipal43.17housing and redevelopment authority is established.43.18 Subd. 2. A municipal housing and redevelopment authority 43.19 may request the Scott county housing and redevelopment authority 43.20 to handle the housing duties of the authority and, in such an 43.21 event, the Scott county housing and redevelopment authority 43.22 shall act and have exclusive jurisdiction for housing in the 43.23 municipality pursuant to the provisions ofthe municipal housing43.24and redevelopment act,Minnesota Statutes, sections462.411 to43.25462.711, and acts amendatory thereof469.001 to 469.047. A 43.26 transfer of duties relating to housing shall not transfer any 43.27 duties relating to redevelopment. 43.28 Sec. 3. [MUNICIPAL APPROVAL.] 43.29 If any housing or redevelopment project is undertaken in 43.30 Scott county pursuant to this authorization, and such project is 43.31 within the boundaries of any incorporated village, city, or 43.32 township, the location of such project shall be approved by the 43.33 governing body of such village, city, or township. 43.34 Sec. 4. [ECONOMIC DEVELOPMENT AUTHORITY POWERS.] 43.35 The Scott county housing and redevelopment authority may 43.36 exercise any of the powers of an economic development authority 44.1 (EDA) granted to it by resolution by the Scott county board of 44.2 commissioners, except for the authority to levy the tax 44.3 described in Minnesota Statutes, section 469.107. With the 44.4 prior approval of the Scott county board, the authority may 44.5 increase its levy of the special tax described in Minnesota 44.6 Statutes, section 469.033, subdivision 6, to an amount not 44.7 exceeding 0.01813 percent of taxable market value, or any higher 44.8 limit from time to time authorized under Minnesota Statutes, 44.9 section 469.033, subdivision 6, or 469.107. 44.10Sec. 4.Sec. 5. [EFFECTIVE DATE; LOCAL APPROVAL.] 44.11This act takes effect when approved by a majority of the44.12board of county commissioners of Scott county and upon44.13compliance with Minnesota Statutes, Section 645.021This act is 44.14 effective the day after the governing body of Scott county and 44.15 its chief clerical officer timely complete their compliance with 44.16 Minnesota Statutes, section 645.021, subdivisions 2 and 3. 44.17 Sec. 50. Laws 1980, chapter 482, is amended to read: 44.18 Section 1. [CARVER COUNTY; HOUSING AND REDEVELOPMENT.] 44.19 Subdivision 1. There is created in the county of Carver a 44.20 public body corporate and politic, to be known as the Carver 44.21 county housing and redevelopment authority, having all of the 44.22 powers and duties of a housing and redevelopment authority under 44.23 the provisions ofthe municipal housing and redevelopment act,44.24 Minnesota Statutes,Section 462.411 to 462.711sections 469.001 44.25 to 469.047, and having those powers of an economic development 44.26 authority under the provisions of Minnesota Statutes, sections 44.27 469.090 to 469.180, as are granted to it by Carver county as 44.28 provided below. For the purposes of applying the provisions 44.29 ofthe municipal housing and redevelopment actMinnesota 44.30 Statutes, sections 469.001 to 469.047 and 469.090 to 469.180, to 44.31 Carver county, the county has all of the powers and duties of a 44.32 municipality, the county board has all of the powers and duties 44.33 of a governing body, the chairman of the county board has all of 44.34 the powers and duties of a mayor, and the area of operation 44.35 includes the area within the territorial boundaries of the 44.36 county. 45.1 Subd. 2. This section shall not limit or restrict any 45.2 existing housing and redevelopment authority or prevent a 45.3 municipality from creating an authority.The county shall not45.4exercise jurisdiction in any municipality where a municipal45.5housing and redevelopment authority is established.If a 45.6 municipal housing and redevelopment authority requests the 45.7 Carver county housing and redevelopment authority to handle the 45.8 housing duties of the municipal authority, the Carver county 45.9 housing and redevelopment authority shall act and have exclusive 45.10 jurisdiction for housing in the municipality. A transfer of 45.11 duties relating to housing shall not transfer any duties 45.12 relating to redevelopment. 45.13 Sec. 2. [EDA POWERS.] 45.14 The Carver county housing and redevelopment authority may 45.15 exercise any of the powers of an economic development authority 45.16 granted to it by resolution by the Carver county board of 45.17 commissioners, except for the authority to levy the tax 45.18 described in Minnesota Statutes, section 469.107. With the 45.19 prior approval of the Carver county board, the authority may 45.20 increase its levy of the special tax described in Minnesota 45.21 Statutes, section 469.033, subdivision 6, to an amount not 45.22 exceeding 0.01813 percent of taxable market value, or any higher 45.23 limit from time to time authorized under Minnesota Statutes, 45.24 section 469.033, subdivision 6, or 469.107. 45.25 Sec. 3. [LOCAL APPROVAL.] 45.26 Before a housing or redevelopment project of the Carver 45.27 county housing and redevelopment authority is undertaken, the 45.28 project shall be approved by the local governing body with 45.29 jurisdiction over all or any part of the area in which the 45.30 proposed project is located. 45.31Sec. 3.Sec. 4. [EFFECTIVEDATEDATES; LOCAL APPROVAL.] 45.32This act is effective upon the day of compliance with45.33Minnesota Statutes, Section 645.021, Subdivision 3.This act is 45.34 effective the day after the governing body of Carver county and 45.35 its chief clerical officer timely complete their compliance with 45.36 Minnesota Statutes, section 645.021, subdivisions 2 and 3. 46.1 Sec. 51. [CHISAGO LAKES JOINT SEWAGE TREATMENT COMMISSION 46.2 BONDING AUTHORITY.] 46.3 Subdivision 1. [AUTHORITY.] Notwithstanding Minnesota 46.4 Statutes, section 471.59, subdivision 11, the Chisago lakes 46.5 joint sewage treatment commission, a joint powers board 46.6 established by the county of Chisago, and the cities of 46.7 Lindstrom, Chisago City, and Center City, to own and operate 46.8 wastewater treatment facilities for the member local 46.9 governments, may issue and sell general obligation bonds 46.10 pursuant to Minnesota Statutes, sections 115.46 and 444.075, and 46.11 chapter 475, to acquire land for, construct, expand, furnish, 46.12 equip, and modify its wastewater treatment facilities, and 46.13 pledge the full faith and credit and taxing power of the 46.14 governmental units that are members of the joint powers board. 46.15 Bonds issued under this section are not subject to Minnesota 46.16 Statutes, section 475.58. The joint powers board is a 46.17 municipality within the meaning of Minnesota Statutes, chapter 46.18 475. Each government unit that is a member of the joint powers 46.19 board must adopt a resolution authorizing the joint powers board 46.20 to issue and sell the bonds. 46.21 Subd. 2. [EFFECTIVE DATE; NO LOCAL APPROVAL.] This section 46.22 is effective the day following final enactment and does not 46.23 require local approval, as provided in Minnesota Statutes, 46.24 section 645.023, subdivision 1, paragraph (a). 46.25 Sec. 52. [HASSAN TOWNSHIP; ECONOMIC DEVELOPMENT AUTHORITY; 46.26 ESTABLISHMENT AND POWERS.] 46.27 Subdivision 1. [ESTABLISHMENT.] The board of township 46.28 supervisors of Hassan township may establish an economic 46.29 development authority in the manner provided in Minnesota 46.30 Statutes, sections 469.090 to 469.1081, and may impose limits on 46.31 the authority enumerated in Minnesota Statutes, section 46.32 469.092. The economic development authority has all of the 46.33 powers and duties granted to or imposed upon economic 46.34 development authorities under Minnesota Statutes, sections 46.35 469.090 to 469.1081. The township economic development 46.36 authority may create and define the boundaries of economic 47.1 development districts at any place or places within the 47.2 township, provided that a project as recommended by the township 47.3 authority that is to be located within the corporate limits of a 47.4 city may not be commenced without the approval of the governing 47.5 body of the city. Minnesota Statutes, section 469.174, 47.6 subdivision 10, and the contiguity requirement specified under 47.7 Minnesota Statutes, section 469.101, subdivision 1, do not apply 47.8 to limit the areas that may be designated as township economic 47.9 development districts. 47.10 Subd. 2. [POWERS.] If an economic development authority is 47.11 established as provided in subdivision 1, the township may 47.12 exercise all of the powers relating to an economic development 47.13 authority granted to a city under Minnesota Statutes, sections 47.14 469.090 to 469.1081, or other law, including the power to levy a 47.15 tax to support the activities of the authority. 47.16 Subd. 3. [LOCAL APPROVAL.] This section is effective the 47.17 day after the town board of supervisors of Hassan township and 47.18 its chief clerical officer timely complete their compliance with 47.19 Minnesota Statutes, section 645.021, subdivisions 2 and 3. 47.20 Sec. 53. [REPEALER.] 47.21 Minnesota Statutes 2000, section 474A.061, subdivision 6, 47.22 is repealed. 47.23 Sec. 54. [EFFECTIVE DATE.] 47.24 Sections 16 to 44 are effective the day after final 47.25 enactment except that section 22, paragraph (c), is effective to 47.26 require submissions by December 31, 2002, and annually 47.27 thereafter. Hearings under section 48 may be held at any time 47.28 after the date of enactment.