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    Subdivision 1. Creation of account. A small community wastewater treatment account is
created in the special revenue fund. The authority shall make loans and grants from the account as
provided in this section. Money in the fund is annually appropriated to the authority and does
not lapse. The account shall be credited with all loan repayments and investment income from
the account and servicing fees assessed under section 446A.04, subdivision 5. The authority
shall manage and administer the small community wastewater treatment account and for these
purposes, may exercise all powers provided in this chapter.
    Subd. 2. Loans and grants. (a) The authority shall award loans as provided in paragraph (b)
and grants as provided in paragraphs (c) and (d) to governmental units from the small community
wastewater treatment account for projects to replace noncomplying individual sewage treatment
systems with a community wastewater treatment system or systems meeting the requirements
of section 115.55. A governmental unit receiving a loan or loan and grant from the account
shall own the individual wastewater treatment systems or community wastewater treatment
systems built under the program and shall be responsible, either directly or through a contract
with a private vendor, for all inspections, maintenance, and repairs necessary to ensure proper
operation of the systems.
    (b) Loans may be awarded for up to 100 percent of eligible project costs as described
in this section.
    (c) When the area to be served by a project has a median household income below the state
average median household income, the governmental unit may receive 50 percent of the funding
provided under this section in the form of a grant. An applicant may submit income survey data
collected by an independent party if it believes the most recent United States census does not
accurately reflect the median household income of the area to be served.
(d) If requested, and if it is an eligible use of funds, a governmental unit receiving funding
under this section may receive a grant equal to ten percent of its first year's award, up to a
maximum of $30,000, to contract for technical assistance services from the University of
Minnesota Extension Service to develop the technical, managerial, and financial capacity
necessary to build, operate, and maintain the systems.
    Subd. 3. Project priority list. Governmental units seeking loans or loans and grants from
the small community wastewater treatment program shall first submit a project proposal to the
agency on a form prescribed by the agency. A project proposal shall include the compliance
status for all individual sewage treatment systems in the project area. The agency shall rank
project proposals on its project priority list used for the water pollution control revolving fund
under section 446A.07.
    Subd. 4. Applications. Governmental units with projects on the project priority list shall
submit applications to the authority on forms prescribed by the authority. The application shall
    (1) a list of the individual sewage treatment systems proposed to be replaced over a period
of up to three years;
    (2) a project schedule and cost estimate for each year of the project;
    (3) a financing plan for repayment of the loan; and
    (4) a management plan providing for the inspection, maintenance, and repairs necessary to
ensure proper operation of the systems.
    Subd. 5. Awards. The authority shall award loans or loans and grants as provided in
subdivision 2 to governmental units with approved applications based on their ranking on the
agency's project priority list. The total amount awarded shall be based on the estimated project
costs for the portion of the project expected to be completed within one year, up to an annual
maximum of $500,000. For projects expected to take more than one year to complete, the
authority may make a multiyear commitment for a period not to exceed three years, contingent
on the future availability of funds. Each year of a multiyear commitment must be funded by a
separate loan or loan and grant agreement meeting the terms and conditions in subdivision 6. A
governmental unit receiving a loan or loan and grant under a multiyear commitment shall have
priority for additional loan and grant funds in subsequent years.
    Subd. 6. Loan terms and conditions. Loans from the small community wastewater
treatment account shall comply with the following terms and conditions:
    (1) principal and interest payments must begin no later than two years after the loan is
    (2) loans shall carry an interest rate of one percent;
    (3) loans shall be fully amortized within ten years of the first scheduled payment or, if the
loan amount exceeds $10,000 per household, shall be fully amortized within 20 years but not to
exceed the expected design life of the system;
    (4) a governmental unit receiving a loan must establish a dedicated source or sources of
revenues for repayment of the loan and must issue a general obligation note to the authority
for the full amount of the loan; and
    (5) each property owner voluntarily seeking assistance for repair or replacement of an
individual treatment system under this program must provide an easement to the governmental
unit to allow access to the system for management and repairs.
    Subd. 7. Special assessment deferral. (a) A governmental unit receiving a loan under this
section that levies special assessments to repay the loan may defer payment of the assessments
under the provisions of sections 435.193 to 435.195.
    (b) A governmental unit that defers payment of special assessments for one or more
properties under paragraph (a) may request deferral of that portion of the debt service on its loan,
and the authority shall accept appropriate amendments to the general obligation note of the
governmental unit. If special assessment payments are later received from properties that received
a deferral, the funds received shall be paid to the authority with the next scheduled loan payment.
    Subd. 8. Eligible costs. Eligible costs for small community wastewater treatment loans and
grants shall include the costs of technical assistance as provided in subdivision 2, paragraph (d),
design, construction, related legal fees, and land acquisition.
    Subd. 9. Disbursements. Loan and grant disbursements by the authority under this section
must be made for eligible project costs as incurred by the recipients, and must be made in
accordance with the project loan or grant and loan agreement and applicable state law.
    Subd. 10. Audits. A governmental unit receiving a loan under this section must annually
provide to the authority for the term of the loan a copy of its annual independent audit or, if the
governmental unit is not required to prepare an independent audit, a copy of the annual financial
reporting form it provides to the state auditor.
History: 2006 c 251 s 15

Official Publication of the State of Minnesota
Revisor of Statutes