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reserved capacity had to be developed. Following intensive study and discussion with Communities, <br /> the SAC system of paying for reserved capacity was developed and instituted in 1973. <br /> While the SAC system proved acceptable to most Communities in the early stages of development, <br /> other Communities challenged the SAC system in court. In a District court ruling, later upheld by the <br /> Minnesota Supreme Court,the SAC system was found consistent with state law authorizing SAC. <br /> In 1986,the Metropolitan Waste Control Commission(MWCC),predecessor of MCES, again <br /> addressed the question of who should pay SAC.Discussions centered on the fact that some <br /> Communities had not extended their sewers to all properties for which SAC had been paid.As a <br /> result,beginning in January 1987,a new SAC policy exempted SAC for those buildings that did not <br /> have sewer service available. Communities would pay SAC for exempted properties when hookup to <br /> the MDS became possible. The MWCC also approved a SAC Rebate Program that made rebates <br /> available to Communities that paid SAC when buildings were not yet connected directly or indirectly <br /> to the interceptor pipes or treatment facilities.The program was optional. If Communities accepted <br /> the Rebate Program,they were rebated the amount originally charged for service. Those not <br /> receiving rebates could still receive Credit when the buildings were connected to the MDS. <br /> Communities had from January 1, 1987,through December 31, 1989 to apply for rebates. <br /> In 2006,the Council adopted new rules for SAC Credits,but after discussion with Communities the <br /> effective date of the rules was delayed until January 1,2010. The two major changes were: i)Credits <br /> for a change of use(e.g.remodeling)to be based on the highest use in a Look-Back Period, instead <br /> of the prior Grandparent and SAC payment history; and ii)no Net Credits from redevelopment of a <br /> Site allowed(except that approved Phased Development Plans allow a Credit-like reservation for <br /> delayed,but planned, development). <br /> In 2010,the Minnesota state legislature amended Minnesota Statute 473.517, subdivision 3 to <br /> recognize that occasionally the wastewater reserved capacity fund may not be able to pay the share <br /> anticipated, and some of the SAC requirement may need to be temporarily"shifted"from SAC to the <br /> municipal wastewater charges.A"SAC shift"was incorporated into 2011 and 2012 rates. This <br /> authority will sunset in 2015. <br /> In late 2010,the Council adopted the recommendations of a year-long task force of SAC <br /> stakeholders. The report is available online. <br /> In 2011 recommendations from the 2010 task force that were implemented included a provision to <br /> allow i)a new Temporary Capacity Charge as a voluntary(Community choice)and temporary <br /> substitute for SAC for temporary wastewater demand, ii)a change from two restaurant criteria to <br /> one,and iii)a change from two daycare facility criteria to one. However,the portion of the <br /> recommendation that required legislation was not introduced in 2011 and failed in 2012. <br /> In 2011 an informal SAC work group recommended some improvements in outreach,but did not <br /> support the idea of small business deferrals from MCES or a change in Net Credits that were also <br /> discussed.The report is available online. <br /> In 2012 another informal work group did support substantial changes in Credit procedures, including <br /> a resumption of generation of Net Credits where SAC was paid(but not for Non-Conforming <br /> Demand),the implementation of a small business deferral program and minor service changes. The <br /> report is available online.These changes were adopted,with a modification to allow for 5 years a <br /> Site-Specific Credit for unused Non-Conforming Grandparent Demand,by the Council in late 2012 <br /> and incorporated herein. <br /> Page 9 <br />