SF 282

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; providing grants to
municipalities for wastewater treatment projects
needed to meet total maximum daily load plan
requirements; authorizing sale of state bonds;
appropriating money; amending Minnesota Statutes 2004,
section 116.182, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 446A.

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

Section 1.

Minnesota Statutes 2004, section 116.182,
subdivision 2, is amended to read:

Subd. 2.

Applicability.

This section governs the
commissioner's certification of projects seeking financial
assistance under section 103F.725, subdivision 1a deleted text begin , deleted text end new text begin ; new text end 446A.07 deleted text begin , or deleted text end new text begin ;
new text end 446A.072 new text begin ; or 446A.073 new text end .

Sec. 2.

new text begin [446A.073] TOTAL MAXIMUM DAILY LOAD GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The authority must
make grants to municipalities to cover one-half the cost of
wastewater treatment projects made necessary by wasteload
reductions under total maximum daily load plans required by
section 303(d) of the federal Clean Water Act, United States
Code, title 33, section 1313(d).
new text end

new text begin Subd. 2. new text end

new text begin Grant application. new text end

new text begin Application for a grant must
be made to the authority on forms prescribed by the authority
for the total maximum daily load grant program, with additional
information as required by the authority. In accordance with
section 116.182, the Pollution Control Agency shall:
new text end

new text begin (1) calculate the essential project component percentage
which must be multiplied by the total project cost to determine
the eligible project cost; and
new text end

new text begin (2) review and certify approved projects to the authority.
new text end

new text begin Subd. 3. new text end

new text begin Project priorities. new text end

new text begin When money is appropriated
for grants under this program, the authority shall reserve money
for projects in the order that their total maximum daily load
plan was approved by the United States Environmental Protection
Agency and in an amount based on their most recent cost
estimates submitted to the authority or the as-bid costs,
whichever is less.
new text end

new text begin Subd. 4. new text end

new text begin Grant approval. new text end

new text begin The authority must make a grant
to a municipality, as defined in section 116.182, subdivision 1,
only after:
new text end

new text begin (1) the commissioner of the Minnesota Pollution Control
Agency has certified to the United States Environmental
Protection Agency a total maximum daily load plan for identified
waters of this state that includes a point source wasteload
allocation;
new text end

new text begin (2) the Environmental Protection Agency has approved the
plan;
new text end

new text begin (3) a municipality affected by the plan has estimated the
cost to it of wastewater treatment projects necessary to comply
with the point source wasteload allocation;
new text end

new text begin (4) the Pollution Control Agency has approved the cost
estimate; and
new text end

new text begin (5) the authority has determined that the additional
financing necessary to complete the project has been committed
from other sources.
new text end

new text begin Subd. 5. new text end

new text begin Grant disbursement. new text end

new text begin Disbursement of a grant
must be made for eligible project costs as incurred by the
municipality and in accordance with a project financing
agreement and applicable state and federal laws and rules
governing the payments.
new text end

Sec. 3. new text begin APPROPRIATION; BOND AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $20,000,000 is
appropriated from the bond proceeds fund to the Minnesota Public
Facilities Authority to make grants under section 2.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in
this section from the bond proceeds fund, the commissioner of
finance shall sell and issue bonds of the state in an amount up
to $20,000,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 16A.631 to
16A.675, and by the Minnesota Constitution, article XI, sections
4 to 7. Notwithstanding Minnesota Statutes, section 16A.642,
this bond sale authorization and appropriation do not expire.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end