(20 ILCS 3510/3)
(from Ch. 111 1/2, par. 8103)
In addition to the powers set forth elsewhere in
this Act and in The Illinois Finance Authority Act,
as now or
hereafter amended, the Authority may:
(a) Adopt an official seal.
(b) Maintain asbestos abatement suboffices at places within the
State as it designates.
(c) Sue and be sued, plead and be impleaded, all in its own name, and
agree to binding arbitration of any dispute to which it is a party under
(d) Adopt bylaws, rules, and regulations to carry out the provisions and
purposes of this Act.
(e) Employ, either as regular employees or independent contractors,
consultants, engineers, architects, accountants, attorneys, financial
experts, construction experts, superintendents, managers, other
professional personnel, and other persons as may be necessary or
appropriate in the judgment of the Authority to achieve the purposes of this
Act, and fix their compensation.
(f) Determine the locations of, develop, establish, construct, erect,
acquire, own, repair, remodel, add to, extend, improve, equip, operate,
regulate, and maintain facilities to the extent necessary to accomplish the
purposes of this Act.
(g) Acquire, hold, lease, use, encumber, transfer, or dispose of real
and personal property, including the alteration or demolition of
improvements to real estate, necessary to accomplish the purposes of this Act.
(h) Enter into contracts of any kind in furtherance of or which are
necessary or incidental to the purposes of this Act or actions of the
Authority taken under this Act.
(i) Regulate the use and operation of asbestos abatement projects
developed under the provisions of this Act, except that asbestos abatement
projects undertaken by schools shall be governed by the Asbestos Abatement
Act, the Asbestos Hazard Emergency Response Act and by the regulations
promulgated by the Department of Public Health pursuant to those Acts.
(j) Purchase from time to time by negotiated sale, upon such
terms as the Authority shall determine, public corporation securities issued
by one or more public corporations for the purpose of paying costs of
asbestos abatement projects or private institution securities issued by one
or more private institutions for the purpose of paying costs of asbestos
(k) Make loans from time to time, upon such terms as the Authority shall
determine, to public corporations and private institutions for the purpose
of paying costs of asbestos abatement projects.
(l) Issue bonds in one or more series pursuant to one or more resolutions
adopted by the Board for the purpose of purchasing or acquiring public
corporation securities or private institution securities issued for the
purpose of paying costs of asbestos abatement projects or for the purpose
of making loans to public corporations or private institutions for the
purpose of paying costs of asbestos abatement projects, providing for the
payment of any interest deemed necessary on such bonds, paying for the costs
of issuance of such bonds, providing for the payment of any premium on any
insurance or the cost of any guarantees, letters of credit or other credit
enhancement facilities, or providing for the funding of any reserves deemed
necessary in connection with such bonds, and refunding or advance refunding
(one or more times) any such bonds. Such bonds may bear interest at any
rate or rates (whether fixed or variable, and whether current or deferred),
notwithstanding any other provision of law to the contrary, which rate or
rates may be established by an index or formula which may be implemented or
established by persons appointed or retained therefor by the Authority, may
bear such date or dates, may be payable at such time or times and at such
place or places, may mature at any time or times not later than 40 years
from the date of issuance, may be sold at competitive or negotiated sale at
such time or times and at such price or prices, may be secured by such
pledges, covenants, reserves, guarantees, letters of credit or other credit
enhancement facilities, may be issued and secured by such form of trust
agreement between the Authority and a bank or trust company having the
powers of a trust company within or without the State, may be executed in
such manner, may be subject to redemption prior to maturity, and may be
subject to such other terms and conditions, as are provided by the
Authority in the resolution authorizing the issuance of any such bonds.
(m) Provide for the establishment and funding of any reserves or other
funds or accounts deemed necessary by the Authority in connection with any
bonds issued by the Authority under this Act, any public corporation
securities or private institution securities purchased or acquired by the
Authority, or any loan made by the Authority to a public corporation or a
private institution, and deposit into such reserves, funds or accounts the
proceeds of any bonds issued by the Authority or any other funds of the
Authority or any funds of a public corporation or a private institution
which may be applied for such purpose. Such reserves, funds or accounts
may be held by a corporate trustee, which may be any trust company or bank
having the powers of a trust company located within or outside the State.
(n) Pledge any public corporation security or private institution
security, including any payment thereon, and any other funds of the
Authority which may be applied to such purpose, as security for any bonds
issued by the Authority or to secure any letter of credit, guarantee or
other credit enhancement facility.
(o) Enter into agreements or other transactions with any federal, State
or local governmental agency in connection with this Act.
(p) Receive and accept from any federal agency, subject to the approval
of the Governor, grants for or in aid of the construction of asbestos
abatement projects or for research and development with respect to asbestos
abatement projects, such grants to be held, used and applied only for the
purposes for which such grants were made.
(q) Charge fees to defray the cost of letters of credit, guarantees or
other credit enhancement facilities, trustees, depositaries, paying agents,
bond registrars, escrow agents, tender agents and other administrative and
program expenses; and otherwise charge such program fees consistent with
the purposes of this Act as the Authority shall from time to time determine.
Any such fees shall be payable in such amounts and at such times as the
Authority shall determine, and the amount of the fees need not be uniform
among the various series of bonds issued by the Authority or among the
issuers of public corporation securities or private institution securities
purchased or acquired or proposed to be purchased or acquired by the Authority.
(r) Prescribe application forms, notification forms, forms of contracts,
loan agreements, financing agreements and security agreements, and such
other forms as the Authority deems necessary or appropriate in connection
with this Act.
(s) Purchase or acquire any bonds of the Authority issued under this
Act for cancellation, resale, or reissuance.
(t) Subject to the provisions of any resolution, indenture, or other
contract with the owners of bonds, sell, or otherwise transfer or dispose
of public corporation securities or private institution
securities acquired under this Act.
(u) Do any and all things necessary or convenient to carry out the
purposes of, and exercise the powers expressly given and granted in, this
Act, including the adoption of rules under The Illinois
Administrative Procedure Act, as now or hereafter amended, as are necessary
to carry out the powers and duties conferred by this Act.
(Source: P.A. 93-205, eff. 1-1-04.)