HF 3445

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:24am

A bill for an act
relating to water; requiring wastewater treatment facilities to recover the costs
of providing services; modifying eligibility for loans and grants administered
by the Public Facilities Authority; amending Minnesota Statutes 2008, sections
444.075, subdivision 3; 446A.051, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 444.075, subdivision 3, is amended to read:

Subd. 3.

Charges; net revenues.

(a) To pay for the construction, reconstruction,
repair, enlargement, improvement, or other obtainment, the maintenance, operation and
use of the facilities, and of obtaining and complying with permits required by law, the
governing body of a municipality or county may impose just and equitable charges for
the use and for the availability of the facilities and for connections with them and make
contracts for the charges as provided in this section. The charges may be imposed with
respect to facilities made available by agreement with other municipalities, counties
or private corporations or individuals, as well as those owned and operated by the
municipality or county itself.

(b) Notwithstanding local charter restrictions, charges made for service rendered
shall be as nearly as possible proportionate to the cost of furnishing the service new text begin except as
provided in paragraph (c) new text end .

new text begin (c) Notwithstanding local charter restrictions, the governing body of a municipality
or county shall charge for the use and availability of a wastewater treatment facility an
amount that, in total, is at least an amount sufficient to cover the cost of furnishing the
services to all those receiving services. Any charges in excess of the costs of furnishing the
services shall be used to pay for future construction, reconstruction, repair, enlargement,
improvement or other obtainment; maintenance, operation, and use of the facilities; and
the cost of obtaining and complying with permits required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2008, section 446A.051, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Wastewater treatment facilities. new text end

new text begin In order to be eligible for a loan or grant
under this chapter for a wastewater treatment facility, a governmental unit shall establish
and fund an enterprise account to provide funding for future construction, reconstruction,
repair, enlargement, or other improvement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end