Full Text of HB2650 101st General Assembly
HB2650eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 19.3 as follows:
| 6 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 7 | | Sec. 19.3. Water Revolving Fund.
| 8 | | (a) There is hereby created within the State Treasury a | 9 | | Water Revolving
Fund, consisting of 3 interest-bearing special | 10 | | programs to be known as the
Water Pollution Control Loan | 11 | | Program, the Public Water Supply Loan Program, and
the Loan | 12 | | Support Program, which shall be used and administered by the | 13 | | Agency.
| 14 | | (b) The Water Pollution Control Loan Program shall be used | 15 | | and administered
by the Agency to provide assistance for the | 16 | | following purposes:
| 17 | | (1) to accept and retain funds from grant awards, | 18 | | appropriations,
transfers, and payments of interest and | 19 | | principal;
| 20 | | (2) to make direct loans at or below market interest | 21 | | rates and to provide additional subsidization, including, | 22 | | but not limited to, forgiveness of principal, negative | 23 | | interest rates, and grants, to any
eligible local |
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| 1 | | government unit to finance the construction of
treatments | 2 | | works, including storm water treatment systems that are | 3 | | treatment works, and projects that fulfill federal State | 4 | | Revolving Fund grant requirements for a green project | 5 | | reserve;
| 6 | | (2.5) with respect to funds provided under the American | 7 | | Recovery and Reinvestment Act of 2009: | 8 | | (A) to make direct loans at or below market | 9 | | interest rates to any eligible local government unit | 10 | | and to provide additional subsidization to any | 11 | | eligible local government unit, including, but not | 12 | | limited to, forgiveness of principal, negative | 13 | | interest rates, and grants; | 14 | | (B) to make direct loans at or below market | 15 | | interest rates to any eligible local government unit to | 16 | | buy or refinance debt obligations for treatment works | 17 | | incurred on or after October 1, 2008; and | 18 | | (C) to provide additional subsidization, | 19 | | including, but not limited to, forgiveness of | 20 | | principal, negative interest rates, and grants for | 21 | | treatment works incurred on or after October 1, 2008; | 22 | | (3) to make direct loans at or below market interest | 23 | | rates and to provide additional subsidization, including, | 24 | | but not limited to, forgiveness of principal, negative | 25 | | interest rates, and grants, to any
eligible local | 26 | | government unit to buy or refinance debt obligations for |
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| 1 | | costs
incurred after March 7, 1985, for the construction of | 2 | | treatment works, including storm water treatment systems | 3 | | that are treatment works, and projects that fulfill federal | 4 | | State Revolving Fund grant requirements for a green project | 5 | | reserve;
| 6 | | (3.5) to make loans, including, but not limited to, | 7 | | loans through a linked deposit program, at or below market | 8 | | interest rates for the
implementation of a management | 9 | | program established under Section 319 of the
Federal Water | 10 | | Pollution Control Act, as amended;
| 11 | | (4) to guarantee or purchase insurance for local | 12 | | obligations
where such action would improve credit market | 13 | | access or reduce interest rates;
| 14 | | (5) as a source of revenue or security for the payment | 15 | | of principal and
interest on revenue or general obligation | 16 | | bonds issued by the State or any
political subdivision or | 17 | | instrumentality thereof, if the proceeds of such
bonds will | 18 | | be deposited in the Fund;
| 19 | | (6) to finance the reasonable costs incurred by the | 20 | | Agency in the
administration of the Fund;
| 21 | | (7) to transfer funds to the Public Water Supply Loan | 22 | | Program; and
| 23 | | (8) notwithstanding any other provision of this | 24 | | subsection (b), to provide, in accordance with rules | 25 | | adopted under this Title, any other financial assistance | 26 | | that may be provided under Section 603 of the Federal Water |
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| 1 | | Pollution Control Act for any other projects or activities | 2 | | eligible for assistance under that Section or federal rules | 3 | | adopted to implement that Section. | 4 | | (c) The Loan Support Program shall be used and administered | 5 | | by the Agency
for the following purposes:
| 6 | | (1) to accept and retain funds from grant awards and | 7 | | appropriations;
| 8 | | (2) to finance the reasonable costs incurred by the | 9 | | Agency in the
administration of the Fund, including | 10 | | activities under Title III of this
Act, including the | 11 | | administration of the State
construction grant program;
| 12 | | (3) to transfer funds to the Water Pollution Control | 13 | | Loan
Program and the Public Water Supply Loan Program;
| 14 | | (4) to accept and retain a portion of the loan | 15 | | repayments;
| 16 | | (5) to finance the development of the low interest loan
| 17 | | programs for water pollution control and public water | 18 | | supply projects;
| 19 | | (6) to finance the reasonable costs incurred by the | 20 | | Agency to provide
technical assistance for public water | 21 | | supplies; and
| 22 | | (7) to finance the reasonable costs incurred by the | 23 | | Agency for
public water system supervision programs, to | 24 | | administer or provide for
technical assistance through | 25 | | source water protection programs, to develop and
implement | 26 | | a capacity development strategy, to delineate and assess |
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| 1 | | source water
protection areas, and for an operator | 2 | | certification program in accordance with
Section 1452 of | 3 | | the federal Safe Drinking Water Act.
| 4 | | (d) The Public Water Supply Loan Program shall be used and | 5 | | administered by
the Agency to provide assistance to local | 6 | | government units and privately owned
community water supplies | 7 | | for public water
supplies for the following public purposes:
| 8 | | (1) to accept and retain funds from grant awards, | 9 | | appropriations,
transfers, and payments of interest and | 10 | | principal;
| 11 | | (2) to make direct loans at or below market interest | 12 | | rates and to provide additional subsidization, including, | 13 | | but not limited to, forgiveness of principal, negative | 14 | | interest rates, and grants, to any eligible
local | 15 | | government unit or to any eligible privately owned | 16 | | community water supply
to finance the construction of water | 17 | | supplies and projects that fulfill federal State Revolving | 18 | | Fund grant requirements for a green project reserve;
| 19 | | (2.5) with respect to funds provided under the American | 20 | | Recovery and Reinvestment Act of 2009: | 21 | | (A) to make direct loans at or below market | 22 | | interest rates to any eligible local government unit or | 23 | | to any eligible privately owned community water | 24 | | supply, and to provide additional subsidization to any | 25 | | eligible local government unit or to any eligible | 26 | | privately owned community water supply, including, but |
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| 1 | | not limited to, forgiveness of principal, negative | 2 | | interest rates, and grants; | 3 | | (B) to buy or refinance the debt obligation of a | 4 | | local government unit for costs incurred on or after | 5 | | October 1, 2008; and
| 6 | | (C) to provide additional subsidization, | 7 | | including, but not limited to, forgiveness of | 8 | | principal, negative interest rates, and grants for a | 9 | | local government unit for costs incurred on or after | 10 | | October 1, 2008; | 11 | | (3) to make direct loans at or below market interest | 12 | | rates and to provide additional subsidization, including, | 13 | | but not limited to, forgiveness of principal, negative | 14 | | interest rates, and grants, to any eligible local | 15 | | government unit or to any eligible privately owned | 16 | | community water supply to buy or refinance debt obligations | 17 | | for
costs incurred on or after July 17, 1997, for the | 18 | | construction of water supplies and projects that fulfill | 19 | | federal State Revolving Fund requirements for a green | 20 | | project reserve;
| 21 | | (4) to guarantee local obligations where such action | 22 | | would improve credit
market access or reduce interest | 23 | | rates;
| 24 | | (5) as a source of revenue or security for the payment | 25 | | of principal and
interest on revenue or general obligation | 26 | | bonds issued by the State or any
political subdivision or |
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| 1 | | instrumentality thereof, if the proceeds of such
bonds will | 2 | | be deposited into the Fund;
| 3 | | (6) to transfer funds to the Water Pollution Control | 4 | | Loan Program; and
| 5 | | (7) notwithstanding any other provision of this | 6 | | subsection (d), to provide to local government units and | 7 | | privately owned community water supplies any other | 8 | | financial assistance that may be provided under Section | 9 | | 1452 of the federal Safe Drinking Water Act for any | 10 | | expenditures eligible for assistance under that Section or | 11 | | federal rules adopted to implement that Section. | 12 | | (e) The Agency is designated as the administering agency of | 13 | | the Fund.
The Agency shall submit to the Regional Administrator | 14 | | of the United States
Environmental Protection Agency an | 15 | | intended use plan which outlines the
proposed use of funds | 16 | | available to the State. The Agency shall take all
actions | 17 | | necessary to secure to the State the benefits of the federal
| 18 | | Water Pollution Control Act and the federal Safe Drinking Water | 19 | | Act, as now
or hereafter amended.
| 20 | | (f) The Agency shall have the power to enter into | 21 | | intergovernmental
agreements with the federal government or | 22 | | the State, or any instrumentality
thereof, for purposes of | 23 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the | 24 | | Water Revolving Fund may be used for the
creation of reserve | 25 | | funds or pledged funds that secure the obligations
of repayment | 26 | | of loans made pursuant to this Section. For the purpose
of |
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| 1 | | obtaining capital for deposit into the Water Revolving Fund, | 2 | | the
Agency may also enter into agreements with financial | 3 | | institutions and other
persons for the purpose of selling loans | 4 | | and developing a secondary market
for such loans. The Agency | 5 | | shall have the power to create and establish such
reserve funds | 6 | | and accounts as may be necessary or desirable to accomplish its
| 7 | | purposes under this subsection and to allocate its available | 8 | | moneys into such
funds and accounts. Investment earnings on | 9 | | moneys held in the Water Revolving
Fund, including any reserve | 10 | | fund or pledged fund, shall be deposited into the
Water | 11 | | Revolving Fund.
| 12 | | (g) Beginning on the effective date of this amendatory Act | 13 | | of the 101st General Assembly, and running for a period of 5 | 14 | | years after that date, the Agency shall prioritize within its | 15 | | annual intended use plan the usage of a portion of the Agency's | 16 | | capitalization grant for federally authorized set-aside | 17 | | activities. The prioritization is for the purpose of supporting | 18 | | disadvantaged communities and utilities throughout Illinois in | 19 | | building their capacity for sustainable and equitable water | 20 | | management. This may include, but is not limited to, assistance | 21 | | for water rate studies, preliminary engineering or other | 22 | | facility planning, training activities, asset management | 23 | | plans, assistance with identification and replacement of lead | 24 | | service lines, and studies of efficiency measures through | 25 | | utility regionalization or other collaborative | 26 | | intergovernmental approaches. |
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| 1 | | (Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15; | 2 | | 99-922, eff. 1-17-17.)
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