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Minnesota Legislature

Office of the Revisor of Statutes

446A.081 DRINKING WATER REVOLVING FUND.
    Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this subdivision
have the meanings given them.
(b) "Eligible recipient" means governmental units or other entities eligible to receive loans or
other assistance as provided in the federal Safe Drinking Water Act.
(c) "Federal Safe Drinking Water Act" means the federal Safe Drinking Water Act, as
amended, United States Code, title 42, sections 300f et seq.
    Subd. 2. Establishment of fund. The authority shall establish a drinking water revolving
fund to provide loans and other forms of financial assistance authorized by the federal Safe
Drinking Water Act, as determined by the authority under the rules adopted under this section
for the purposes and eligible costs authorized under the federal Safe Drinking Water Act. The
fund must be credited with repayments. The federal Safe Drinking Water Act requires that the
fund corpus must be managed so as to be available in perpetuity for the financing of drinking
water systems in the state. At a minimum, 15 percent of the funds received each federal fiscal
year shall be available solely for providing loans to public water systems which regularly serve
fewer than 10,000 individuals.
    Subd. 3. State funds. A state matching fund is established to be used in compliance with
federal matching requirements specified in the federal Safe Drinking Water Act.
    Subd. 4. Capitalization grant agreement. The authority shall enter into an agreement with
the administrator of the United States Environmental Protection Agency to receive capitalization
grants for the fund. The authority and the Department of Health shall enter into an operating
agreement with the administrator of the United States Environmental Protection Agency to satisfy
the criteria in the act to operate the fund. The authority and the Department of Health may exercise
the powers necessary to comply with the requirements specified in the agreements and to ensure
that loan recipients comply with all applicable federal and state requirements.
    Subd. 5. Intended use plan. The authority shall annually prepare and submit to the United
States Environmental Protection Agency an intended use plan. The plan must identify the
intended uses of the amounts available to the drinking water revolving loan fund. The Department
of Health shall provide a prioritized list of drinking water projects and other eligible activities to
be considered for funding by the authority. The plan may be amended by the authority and include
additional eligible projects proposed by the Department of Health.
    Subd. 6. Applications. Applications by municipalities, privately owned public water
systems, and eligible entities identified in the annual intended use plan for loans from the fund
must be made to the authority on the forms prescribed by the rules of the authority and the rules of
the Department of Health adopted under this section. The authority shall forward the application
to the Department of Health within ten days of receipt. The Department of Health shall approve
those applications that appear to meet the criteria in the federal Safe Drinking Water Act, this
section, and the rules of the Department of Health or the authority.
    Subd. 7. Award and terms of loans. The authority shall award loans to those municipalities,
privately owned public water systems, and other eligible entities approved by the Department of
Health, provided that the applicant is able to comply with the terms and conditions of the authority
loan, which must be in conformance with the federal Safe Drinking Water Act, this section, and
the rules of the authority adopted under this section.
    Subd. 8. Loan conditions. (a) When making loans from the drinking water revolving fund,
the authority shall comply with the conditions of the federal Safe Drinking Water Act, including
the criteria in paragraphs (b) to (e).
(b) Loans must be made at or below market interest rates, including zero interest loans, for
terms not to exceed 20 years.
(c) The annual principal and interest payments must begin no later than one year after
completion of the project. Loans must be amortized no later than 20 years after project completion.
(d) A loan recipient must identify and establish a dedicated source of revenue for repayment
of the loan, and provide for a source of revenue to properly operate, maintain, and repair the
water system.
(e) The fund must be credited with all payments of principal and interest on all loans, except
the costs as permitted under section 446A.04, subdivision 5, paragraph (a).
(f) A loan may not be used to pay operating expenses or current obligations, unless
specifically allowed by the federal Safe Drinking Water Act.
(g) A loan made by the authority must be secured by notes or bonds of the governmental unit
and collateral to be determined by the authority for private borrowers.
    Subd. 9. Other uses of fund. The drinking water revolving loan fund may be used as
provided in the act, including the following uses:
(1) to buy or refinance the debt obligations, at or below market rates, of public water systems
for drinking water systems, where the debt was incurred after the date of enactment of the act, for
the purposes of construction of the necessary improvements to comply with the national primary
drinking water regulations under the federal Safe Drinking Water Act;
(2) to purchase or guarantee insurance for local obligations to improve credit market access
or reduce interest rates;
(3) to provide a source of revenue or security for the payment of principal and interest on
revenue or general obligation bonds issued by the authority if the bond proceeds are deposited in
the fund;
(4) to provide loans or loan guarantees for similar revolving funds established by a
governmental unit or state agency;
(5) to earn interest on fund accounts;
(6) to pay the reasonable costs incurred by the authority, the Department of Employment and
Economic Development, and the Department of Health for conducting activities as authorized and
required under the act up to the limits authorized under the act; and
(7) to develop and administer programs for water system supervision, source water
protection, and related programs required under the act.
    Subd. 10. Payments. Payments from the fund to borrowers must be in accordance with the
applicable state and federal laws governing the payments, except no payment for a project may be
made to a borrower until and unless the authority has determined that the total estimated cost
of the project and the financing of the project are assured by:
(1) a loan authorized by state law or appropriation of proceeds of bonds or other money of
the borrower to a fund for the construction of the project; and
(2) an irrevocable undertaking, by resolution of the governing body of the borrower, to use all
money made available for the project exclusively for the project, and to pay any additional amount
by which the cost of the project exceeds the estimate by the appropriation to the construction fund
of additional money or proceeds of additional bonds to be issued by the borrower.
    Subd. 11. [Repealed by amendment, 2007 c 96 art 1 s 10]
    Subd. 12. Rules of the department. The Department of Health shall adopt rules relating
to the procedures for administration of the Department of Health's duties under the act and this
section.
History: 1994 c 632 art 2 s 50; 1997 c 200 art 5 s 3-5; 1Sp2003 c 4 s 1; 2007 c 96 art 1 s 10