2006 Minnesota Statutes

446A.074 CLEAN WATER LEGACY PHOSPHORUS REDUCTION GRANTS.
    Subdivision 1. Creation of account. A clean water legacy capital improvement account is
created in the bond proceeds fund. Money in the account may only be used for grants for eligible
capital costs as provided in this section. Money in the clean water legacy capital improvement
fund, including interest earned, is appropriated to the authority for the purposes of this section.
    Subd. 2. Grants. The authority shall award grants from the clean water legacy capital
improvement account to governmental units for the capital costs of wastewater treatment facility
projects or a portion thereof that will reduce the discharge of total phosphorus from the facility
to one milligram per liter or less. A project is eligible for a grant if it meets the following
requirements:
    (1) the applicable phosphorus discharge limit is incorporated in a permit issued by the agency
for the wastewater treatment facility on or after March 28, 2000, the grantee agrees to comply
with the applicable limit as a condition of receiving the grant, or the grantee made improvements
to a wastewater treatment facility on or after March 28, 2000, that include infrastructure to reduce
the discharge of total phosphorus to one milligram per liter or less;
    (2) the governmental unit has submitted a facilities plan for the project to the agency and a
grant application to the authority on a form prescribed by the authority; and
    (3) the agency has approved the facilities plan, and certified the eligible costs for the project
to the authority.
    Subd. 3. Eligible capital costs. Eligible capital costs for phosphorus reduction grants under
subdivision 4, paragraph (a), include engineering and inspection costs and the as-bid construction
costs for phosphorus treatment. Eligible capital costs for phosphorus reduction grants under
subdivision 4, paragraph (b), include the final, incurred construction, engineering, and inspection
costs for phosphorus treatment.
    Subd. 4. Grant amounts and priorities. (a) Priority must be given to projects that start
construction on or after July 1, 2006. If a facility's plan for a project is approved by the agency
before July 1, 2010, the amount of the grant is 75 percent of the eligible capital cost of the project.
If a facility's plan for a project is approved by the agency on or after July 1, 2010, the amount of
the grant is 50 percent of the eligible capital cost of the project. Priority in awarding grants under
this paragraph must be based on the date of approval of the facility's plan for the project.
    (b) Projects that meet the eligibility requirements in subdivision 2 and have started
construction before July 1, 2006, may be eligible for grants to reimburse up to 75 percent of the
eligible capital cost of the project, less any amounts previously received in grants from other
sources, provided that reimbursement is an eligible use of funds. Application for a grant under
this paragraph must be submitted to the authority no later than June 30, 2008. Priority for award
of grants under this paragraph must be based on the date of agency approval of the facility plan.
    (c) In each fiscal year that money is available for grants, the authority shall first award grants
under paragraph (a) to projects that met the eligibility requirements of subdivision 2 by May 1 of
that year. The authority shall use any remaining money available that year to award grants under
paragraph (b). Grants that have been approved but not awarded in a previous fiscal year carry over
and must be awarded in subsequent fiscal years in accordance with the priorities in this paragraph.
    (d) Disbursements of grants under this section by the authority to recipients must be made
for eligible project costs as incurred by the recipients, and must be made by the authority in
accordance with the project financing agreement and applicable state law.
    Subd. 5. Fees. The authority may charge the grant recipient a fee for its administrative
costs not to exceed one-half of one percent of the grant amount, to be paid upon execution of
the grant agreement.
History: 2006 c 251 s 14