Title 24, Title 24: Municipal and County Government

§ 4753b. Acceptance of funds (a) The Commissioner of Environmental Conservation, with the approval of the Secretary of Natural Resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with this chapte…

§ 4754. Loan application A municipality may apply for a loan, the proceeds of which shall be used to acquire, design, plan, construct, enlarge, repair, or improve a clean water project, public water supply systems as defined in subdivision 4752(9) of this title, or a solid waste …

§ 4755. Loan; loan agreements; general provisions (a) Except as provided by subsection (c) of this section, the Bond Bank may make loans to a municipality on behalf of the State for one or more of the purposes set forth in section 4754 of this chapter. Each of the loans shall be …

§ 4756. Eligibility certification (a) No construction loan or loan for the purchase of land or conservation easements to a municipality shall be made under this chapter, nor shall any part of any revolving fund that is designated for project construction be expended under section…

§ 4757. Revolving loan funds; additional uses In addition to providing a source of funds from which loans may be made to municipalities under this chapter, each fund created under section 4753 of this chapter may be used for one or more of the following purposes: (1) To make loan…

§ 4758. Loan priorities (a) Periodically, and at least annually, the Secretary shall prepare and certify to the Bond Bank a project priority list of those municipalities whose publicly or privately owned clean water projects are eligible for financing or assistance under this cha…

§ 4759. Regulations The Secretary and the Bond Bank may adopt rules and policies necessary to implement the provisions of this chapter in order to ensure the self-sustaining nature of the funds created under section 4753 of this chapter, and also to ensure compliance with the req…

§ 4760. Contractual authority; reports (a) The Secretary and the Bond Bank may enter into agreements on behalf of the State with agencies of the United States of America as may be necessary to obtain grants and awards in furtherance of the stated purposes for which the loan funds…

§ 4761. Noncontestability No action at law or in equity shall be brought or maintained that directly or indirectly challenges, attacks, or questions or in any manner contests the formation, or the existence as a body corporate and politic of any municipality whose bonds, notes, o…

§ 4762. Delinquent loan payments Delinquent loan payments due the bank under section 4755 of this title may, with an interest rate of ten percent per annum greater than the interest rate of the loan, be recovered by action in a court of competent jurisdiction against the politica…

§ 4763. Loans to municipalities for privately owned clean water projects (a) Where the Secretary has determined that a privately owned clean water project is the preferred alternative to abate or control a pollution problem or to provide water quality benefits, a loan may be made…

§ 4763a. Loans to municipalities for privately owned potable water supplies When a household has been involuntarily disconnected from a public water supply system and that disconnection did not occur as a result of nonpayment of fees, a loan may be made to a municipality from the…

§ 4763b. Loans to individuals for failed wastewater systems and failed potable water supplies (a) Notwithstanding any other provision of law to the contrary, when the wastewater system or potable water supply serving only single-family and multifamily residences either meets the …

§ 4763c. Loans to municipalities for municipal public water supply systems (a) The Secretary may certify to the Vermont Municipal Bond Bank established by section 4571 of this title the award of a loan to a municipality to assist with a public water supply system project, when th…

§ 4763d. Municipal match of federal revolving funds (a) A municipality may choose to provide the State money necessary to match federal monies available to the Vermont EPA Drinking Water State Revolving Fund established by subdivision 4753(a)(3) of this title, and thereby become …

§ 4764. Planning (a) Engineering planning advance. A municipality or a combination of two or more municipalities desiring an advance of funds for engineering and land use planning for public water supply systems, as defined in subdivision 4752(9) of this title, or improvements, o…

§ 4765. Application for loans to municipalities The application shall be supported by data covering: (1) a description of the project; (2) a description of the engineering service to be performed; (3) an explanation of the need for the project; (4) an estimate of the cost of the …

§ 4766. Award of advance (a) The Department may award an engineering planning advance, as defined in section 4764 of this title, in an amount determined by standards established by the Department, and pursuant to the following: (1) for public water supply systems, as defined in s…

§ 4767. Payment of awards On receipt of the engineering planning documents and their approval by the Department, the Department shall certify the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment of the award from the construction …

§ 4768. Repayment of advances Advances under this subchapter shall be repaid when construction of the facilities or any portion thereof is undertaken. Where a construction grant or loan is authorized by the Department for the project, the amount of the outstanding advances shall …

§ 4769. Loans to hardship municipalities (a) Waiver of bond vote. A hardship municipality may receive a loan for an eligible project that includes a loan subsidy of up to $200,000.00 in the form of 100 percent principal forgiveness with no interest or administrative fee from fund…

§ 4770. Eligibility (a) For the purpose of this subchapter, “VEDA” means the Vermont Economic Development Authority which is authorized to make loans on behalf of the State under this chapter when the loan recipient is a privately-owned public water system. Such loans shall be is…

§ 4771. Conditions of loan agreement (a) VEDA may make loans to applicants on behalf of the State for one or more of the purposes set forth in subsection 4770(b) of this title. Each such loan shall be made subject to the following conditions: (1) The loan shall be evidenced by a …

§ 4772. Qualifications for eligibility; certification No loan to an applicant shall be made under this subchapter until: (1) The applicant has certified to VEDA that: (A) all State and federal permits and licenses, including land use, subdivision, water supply and wastewater perm…

§ 4773. Loan priorities The Secretary shall at least annually prepare a list of projects, ranked in priority order, that are eligible for financial assistance under this subchapter. In establishing such priorities, the Secretary shall at a minimum consider the following: (1) the …

§ 4774. Contractual authority; reports (a) The Secretary and VEDA may enter into agreements on behalf of the State with agencies of the United States as may be necessary to obtain grants and awards in furtherance of the stated purposes of the loan fund created under section 4753 …

§ 4775. Liability against default Under no circumstance shall the State or VEDA become responsible for owning or operating a privately-owned community water system when the loan recipient defaults on a loan obligation or abandons the water supply or water system. (Added 1997, No.…

§ 4776. Action for receivership Upon default of a loan, VEDA shall have the right to petition the Superior Court in the county in which any part of the water system is located, or the Public Utility Commission for systems subject to the jurisdiction of the Commission, to appoint …

§ 4777. Loan consolidation Loans, or the outstanding balance of loans, made for the purpose of preparing engineering plans for a project may be consolidated with any subsequent loans for construction. (Added 1997, No. 62, § 75, eff. June 26, 1997.)

§ 4778. Federal capitalization grant distribution The Secretary may use any available and lawful funds to match federal funds otherwise available to capitalize the Fund created by subdivision 4753(a)(3) of this title. Up to 20 percent of the funds which have been identified in th…

§ 4781. Eligibility and loan application (a) The Vermont Economic Development Authority (VEDA) is authorized to make loans on behalf of the State to private entities for a clean water project; provided, however, that no State funds are used. Such loans shall be issued and adminis…

§ 4782. Conditions of loan agreement (a) VEDA may make loans to applicants on behalf of the State for one or more of the purposes set forth in subsection 4781(b) of this title. Each loan shall be made subject to the following conditions: (1) The loan shall be evidenced by a note …

§ 4783. Qualifications for eligibility; certification No loan to an applicant shall be made under this subchapter until: (1) The applicant has certified all of the following to VEDA: (A) all State and federal permits and licenses necessary to undertake the project for which finan…

§ 4784. Loan priorities (a) The Secretary shall at least annually prepare and certify to VEDA a list of privately owned clean water projects, ranked in priority order, that are eligible for financial assistance under this subchapter. (b) In determining financing ability for clean…

§ 4785. Liability against default Under no circumstance shall the State become responsible for owning or operating a clean water project when the loan recipient defaults on a loan obligation or abandons the project. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)

§ 4786. Action for receivership Upon default of a loan, VEDA shall have the right to petition the Superior Court in the county in which the clean water project is located, or the Public Utility Commission for projects subject to the jurisdiction of the Commission, to appoint a re…

§ 4787. Loan consolidation Loans, or the outstanding balance of loans, made for the purpose of preparing engineering plans for a project may be consolidated with any subsequent loans for construction. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)