Sen. Sue Rezin

Filed: 4/14/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2576

2    AMENDMENT NO. ______. Amend Senate Bill 2576 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing 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
9Water Revolving Fund, consisting of 3 interest-bearing special
10programs to be known as the Water Pollution Control Loan
11Program, the Public Water Supply Loan Program, and the Loan
12Support Program, which shall be used and administered by the
13Agency.
14    (b) The Water Pollution Control Loan Program shall be used
15and administered by the Agency to provide assistance for the
16following purposes:

 

 

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1        (1) to accept and retain funds from grant awards,
2    appropriations, transfers, and payments of interest and
3    principal;
4        (2) to make direct loans at or below market interest
5    rates and to provide additional subsidization, including,
6    but not limited to, forgiveness of principal, negative
7    interest rates, and grants, to any eligible local
8    government unit to finance the construction of treatments
9    works, including storm water treatment systems that are
10    treatment works, and projects that fulfill federal State
11    Revolving Fund grant requirements for a green project
12    reserve;
13        (2.5) with respect to funds provided under the
14    American Recovery and Reinvestment Act of 2009:
15            (A) to make direct loans at or below market
16        interest rates to any eligible local government unit
17        and to provide additional subsidization to any
18        eligible local government unit, including, but not
19        limited to, forgiveness of principal, negative
20        interest rates, and grants;
21            (B) to make direct loans at or below market
22        interest rates to any eligible local government unit
23        to buy or refinance debt obligations for treatment
24        works incurred on or after October 1, 2008; and
25            (C) to provide additional subsidization,
26        including, but not limited to, forgiveness of

 

 

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1        principal, negative interest rates, and grants for
2        treatment works incurred on or after October 1, 2008;
3        (3) to make direct loans at or below market interest
4    rates and to provide additional subsidization, including,
5    but not limited to, forgiveness of principal, negative
6    interest rates, and grants, to any eligible local
7    government unit to buy or refinance debt obligations for
8    costs incurred after March 7, 1985, for the construction
9    of treatment works, including storm water treatment
10    systems that are treatment works, and projects that
11    fulfill federal State Revolving Fund grant requirements
12    for a green project reserve;
13        (3.5) to make loans, including, but not limited to,
14    loans through a linked deposit program, at or below market
15    interest rates for the implementation of a management
16    program established under Section 319 of the Federal Water
17    Pollution Control Act, as amended;
18        (4) to guarantee or purchase insurance for local
19    obligations where such action would improve credit market
20    access or reduce interest rates;
21        (5) as a source of revenue or security for the payment
22    of principal and interest on revenue or general obligation
23    bonds issued by the State or any political subdivision or
24    instrumentality thereof, if the proceeds of such bonds
25    will be deposited in the Fund;
26        (6) to finance the reasonable costs incurred by the

 

 

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1    Agency in the administration of the Fund;
2        (7) to transfer funds to the Public Water Supply Loan
3    Program; and
4        (8) notwithstanding any other provision of this
5    subsection (b), to provide, in accordance with rules
6    adopted under this Title, any other financial assistance
7    that may be provided under Section 603 of the Federal
8    Water Pollution Control Act for any other projects or
9    activities eligible for assistance under that Section or
10    federal rules adopted to implement that Section.
11    (b-5) The wastewater treatment facility located in the
12Village of Lisbon in Kendall County, specifically located at
13200 East Joliet Street, is allowed to apply for the Water
14Pollution Control Loan Program for the purposes of refinancing
15existing debt.
16    (c) The Loan Support Program shall be used and
17administered by the Agency for the following purposes:
18        (1) to accept and retain funds from grant awards and
19    appropriations;
20        (2) to finance the reasonable costs incurred by the
21    Agency in the administration of the Fund, including
22    activities under Title III of this Act, including the
23    administration of the State construction grant program;
24        (3) to transfer funds to the Water Pollution Control
25    Loan Program and the Public Water Supply Loan Program;
26        (4) to accept and retain a portion of the loan

 

 

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1    repayments;
2        (5) to finance the development of the low interest
3    loan programs for water pollution control and public water
4    supply projects;
5        (6) to finance the reasonable costs incurred by the
6    Agency to provide technical assistance for public water
7    supplies; and
8        (7) to finance the reasonable costs incurred by the
9    Agency for public water system supervision programs, to
10    administer or provide for technical assistance through
11    source water protection programs, to develop and implement
12    a capacity development strategy, to delineate and assess
13    source water protection areas, and for an operator
14    certification program in accordance with Section 1452 of
15    the federal Safe Drinking Water Act.
16    (d) The Public Water Supply Loan Program shall be used and
17administered by the Agency to provide assistance to local
18government units and privately owned community water supplies
19for public water supplies for the following public purposes:
20        (1) to accept and retain funds from grant awards,
21    appropriations, transfers, and payments of interest and
22    principal;
23        (2) to make direct loans at or below market interest
24    rates and to provide additional subsidization, including,
25    but not limited to, forgiveness of principal, negative
26    interest rates, and grants, to any eligible local

 

 

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1    government unit or to any eligible privately owned
2    community water supply to finance the construction of
3    water supplies 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
7    American 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        or to any eligible privately owned community water
11        supply, and to provide additional subsidization to any
12        eligible local government unit or to any eligible
13        privately owned community water supply, including, but
14        not limited to, forgiveness of principal, negative
15        interest rates, and grants;
16            (B) to buy or refinance the debt obligation of a
17        local government unit for costs incurred on or after
18        October 1, 2008; and
19            (C) to provide additional subsidization,
20        including, but not limited to, forgiveness of
21        principal, negative interest rates, and grants for a
22        local government unit for costs incurred on or after
23        October 1, 2008;
24        (3) to make direct loans at or below market interest
25    rates and to provide additional subsidization, including,
26    but not limited to, forgiveness of principal, negative

 

 

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1    interest rates, and grants, to any eligible local
2    government unit or to any eligible privately owned
3    community water supply to buy or refinance debt
4    obligations for costs incurred on or after July 17, 1997,
5    for the construction of water supplies and projects that
6    fulfill federal State Revolving Fund requirements for a
7    green project reserve;
8        (4) to guarantee local obligations where such action
9    would improve credit market access or reduce interest
10    rates;
11        (5) as a source of revenue or security for the payment
12    of principal and interest on revenue or general obligation
13    bonds issued by the State or any political subdivision or
14    instrumentality thereof, if the proceeds of such bonds
15    will be deposited into the Fund;
16        (6) to transfer funds to the Water Pollution Control
17    Loan Program; and
18        (7) notwithstanding any other provision of this
19    subsection (d), to provide to local government units and
20    privately owned community water supplies any other
21    financial assistance that may be provided under Section
22    1452 of the federal Safe Drinking Water Act for any
23    expenditures eligible for assistance under that Section or
24    federal rules adopted to implement that Section.
25    (e) The Agency is designated as the administering agency
26of the Fund. The Agency shall submit to the Regional

 

 

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1Administrator of the United States Environmental Protection
2Agency an intended use plan which outlines the proposed use of
3funds available to the State. The Agency shall take all
4actions necessary to secure to the State the benefits of the
5federal Water Pollution Control Act and the federal Safe
6Drinking Water Act, as now or hereafter amended.
7    (f) The Agency shall have the power to enter into
8intergovernmental agreements with the federal government or
9the State, or any instrumentality thereof, for purposes of
10capitalizing the Water Revolving Fund. Moneys on deposit in
11the Water Revolving Fund may be used for the creation of
12reserve funds or pledged funds that secure the obligations of
13repayment of loans made pursuant to this Section. For the
14purpose of obtaining capital for deposit into the Water
15Revolving Fund, the Agency may also enter into agreements with
16financial institutions and other persons for the purpose of
17selling loans and developing a secondary market for such
18loans. The Agency shall have the power to create and establish
19such reserve funds and accounts as may be necessary or
20desirable to accomplish its purposes under this subsection and
21to allocate its available moneys into such funds and accounts.
22Investment earnings on moneys held in the Water Revolving
23Fund, including any reserve fund or pledged fund, shall be
24deposited into the Water Revolving Fund.
25    (g) Beginning on the effective date of this amendatory Act
26of the 101st General Assembly, and running for a period of 5

 

 

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1years after that date, the Agency shall prioritize within its
2annual intended use plan the usage of a portion of the Agency's
3capitalization grant for federally authorized set-aside
4activities. The prioritization is for the purpose of
5supporting disadvantaged communities and utilities throughout
6Illinois in building their capacity for sustainable and
7equitable water management. This may include, but is not
8limited to, assistance for water rate studies, preliminary
9engineering or other facility planning, training activities,
10asset management plans, assistance with identification and
11replacement of lead service lines, and studies of efficiency
12measures through utility regionalization or other
13collaborative intergovernmental approaches.
14(Source: P.A. 101-143, eff. 1-1-20.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".