State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ][ House Amendment 003 ][ Senate Amendment 001 ]


      70 ILCS 1830/1.1 new
      70 ILCS 1830/7.1          from Ch. 19, par. 507.1
      70 ILCS 1830/10           from Ch. 19, par. 510
      70 ILCS 1830/9 rep.
      70 ILCS 1830/11 rep.
          Amends  the  Kaskaskia  Regional   Port   District   Act.
      Provides  that  the  main  purpose  of  the Act is to promote
      industrial,   commercial,   transportation,   and    economic
      activities.  Provides that the Port District has the right to
      acquire,  own,  construct, lease, operate and maintain, among
      other things, transportation equipment facilities,  railroads
      and  marinas,  and  airport  facilities.   Provides  that the
      District has the power to acquire, own, construct,  lease  or
      contract  for  any  period  not  exceeding 99 years, operate,
      develop,  and  maintain  water,  sewage,  and  other  utility
      systems and services for the use of any tenant, occupant,  or
      user of the District or any person engaged in commerce in the
      District.   Provides that the Board may promulgate reasonable
      regulations prescribing the qualification of  operators  (now
      bidders).   Requires  that  copies of the regulations be made
      available  to  all  prospective  operators   (now   bidders).
      Repeals  provisions  concerning  public  warehouses and grain
SB1500 Enrolled                                LRB9011204MWpc
 1        AN ACT  concerning port districts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  3.  The  Build Illinois Act is amended by adding
 5    Section 9-11 as follows:
 6        (30 ILCS 750/9-11 new)
 7        Sec. 9-11.  Port Development Revolving Loan Program.
 8        (1)  There is created in  the  State  Treasury  the  Port
 9    Development  Revolving Loan Fund, referred to in this Section
10    as the Fund.  Moneys in the Fund may be appropriated for  the
11    purposes  of  the  Port  Development  Revolving  Loan Program
12    created by this Section to be administered by the  Department
13    of  Commerce and Community Affairs in order to facilitate and
14    enhance the utilization of Illinois' navigable  waterways  or
15    the  development  of  inland intermodal freight facilities or
16    both.  The Department may adopt rules for the  administration
17    of the Program.
18        The  General  Assembly  may  make  appropriations for the
19    purposes  of  the  Program.  Repayment  of  loans   made   to
20    individual port districts shall be paid back into the Fund to
21    establish  an  ongoing  revolving  loan  fund  to  facilitate
22    continuing port development activities in the State.
23        (2)  Loan  funds from the Program shall be made available
24    to Illinois port districts on a competitive basis.  In  order
25    to  obtain assistance under the Program, a port district must
26    submit a comprehensive  application  to  the  Department  for
27    consideration.
28        Projects  eligible  for funding under the Program must be
29    intermodal facilities and within  the  scope  of  powers  and
30    responsibilities  as granted in each port district's enabling
31    legislation.  Loan  funds  shall  not  be  used  for  working
SB1500 Enrolled            -2-                 LRB9011204MWpc
 1    capital or administrative purposes by the port district.
 2        (3)  The  maximum  amount  which  may  be loaned from the
 3    Program to fund any one project is $3,000,000.  Program funds
 4    may be used for up to 50% of an individual project financing.
 5    The balance of financing for an individual  project  must  be
 6    secured by the respective district.
 7        The  maximum  loan  term  shall  be  for 20 years with an
 8    interest rate  of  5%  per  annum.   Principal  and  interest
 9    payments shall be made on a semi-annual basis.
10        (4)  In  order to receive a loan from the Program, a port
11    district must:
12             (a)  demonstrate that  the  proposed  project  shall
13        generate  sufficient  revenue  to support amortization of
14        the loan and be  willing  to  pledge  revenues  from  the
15        project to loan repayment or
16             (b)  demonstrate   that   the   port   district  can
17        financially support debt service payments through general
18        revenue sources of the port district and pledge the  full
19        faith and credit of the port district to loan repayment.
20        In  order  to achieve the requirement of paragraph (a) of
21    this subsection (4), the port  district  may  use  guarantees
22    provided  under  facility  operating agreements or guaranteed
23    facility use agreements from private concerns to  demonstrate
24    loan repayment ability.
25        Certain  infrastructure  facilities  developed  under the
26    Program may be general use public facilities where  there  is
27    not a definitive and guaranteed revenue stream to support the
28    project,   nevertheless   the  facilities  are  important  to
29    facilitate overall long term port development objectives.  In
30    such cases, the full faith and credit of  the  port  district
31    may be used as loan collateral.
32        (5)  A  loan agreement shall be executed between the port
33    district and the State  stipulating  all  of  the  terms  and
34    conditions  of  the loan.  The Department shall release funds
SB1500 Enrolled            -3-                 LRB9011204MWpc
 1    on a reimbursement basis for eligible costs of the project as
 2    incurred.  The port district shall certify to the  Department
 3    that  expenses incurred during construction are in accordance
 4    with plans and specifications as approved by the  Department.
 5    Funds  may be drawn once per month during construction of the
 6    project.
 7        (6)  The loan agreement shall contain customary and usual
 8    loan default provisions in the event the port district  fails
 9    to  make  the  required  payments.   The loan agreement shall
10    stipulate the State's recourse in curing any default.
11        In the  event  a  port  district  becomes  delinquent  in
12    payments  to  the  State,  that  port  district  shall not be
13    eligible for  any  future  loans  until  the  delinquency  is
14    remedied.
15        (7)  Individual  port district project applications shall
16    include the following:
17             (a)  Statement of purpose.   A  description  of  the
18        project  shall  be  submitted  along  with  the project's
19        anticipated  overall  effect  on  meeting  port  district
20        objectives.
21             (b)  Project impact.  The anticipated net effects of
22        the project  shall  be  enumerated.   These  impacts  may
23        include  the  economic  impact  to  the State, employment
24        impact, intermodal  freight  impacts,  and  environmental
25        impacts.
26             (c)  Cost  estimates and preliminary project layout.
27        The overall project development cost estimate and general
28        site and or facility drawings.
29             (d)  Proposed loan amount.  A statement  as  to  the
30        amount  proposed from the Program and the port district's
31        intentions as to the source of other  financing  for  the
32        project.
33             (e)  Business   Proforma.    A   detailed   business
34        proforma     must    be    supplied    which    estimates
SB1500 Enrolled            -4-                 LRB9011204MWpc
 1        facility/project revenues as well as operating costs  and
 2        debt service.
 3             (f)  Loan   collateral  and  guarantees.   The  port
 4        district's  intentions  as   to   how   it   intends   to
 5        collateralize  the  loan  amount,  including  third party
 6        guarantees, pledging of project and facility revenue,  or
 7        pledging general revenues of the district.
 8        (8)  The  Department  shall annually invite Illinois port
 9    districts to submit  projects  for  consideration  under  the
10    Program.    The   Department  shall  perform  a  cost/benefit
11    analysis of each project to  determine  if  a  project  meets
12    minimum  requirements  for  eligibility.   Those applications
13    which meet minimum criteria  shall  then  be  ranked  by  the
14    overall net positive impact on the State.
15             (a)  Minimum criteria shall include:
16                  (i)  positive cost/benefit ratio;
17                  (ii)  demonstrated  economic feasibility of the
18             project; and
19                  (iii)  the ability  of  the  port  district  to
20             repay the loan.
21             (b)  Ranking criteria may include:
22                  (i)  a   cost/benefit   ratio   of  project  in
23             relation to other projects;
24                  (ii)  product tonnage to be handled;
25                  (iii)  product value to be handled;
26                  (iv)  soundness of business proposition;
27                  (v)  positive intermodal  impacts  of  Illinois
28             transportation system;
29                  (vi)  meets    overall   State   transportation
30             objectives;
31                  (vii)  economic impact to the State; or
32                  (viii)  environmental benefits of the project.
33        Projects shall be selected according to their ranking  up
34    to  the limit of available funds.  Selected projects shall be
SB1500 Enrolled            -5-                 LRB9011204MWpc
 1    invited to submit detailed plans,  specifications,  operating
 2    agreements,  environmental  clearances,  evidence of property
 3    title,  and  other  documentation  as  necessitated  by   the
 4    project.    When  the  Department  determines  all  necessary
 5    requirements  are  met  and  the  remainder  of  the  project
 6    financing is available, a loan agreement  shall  be  executed
 7    and project development may commence.
 8        Section  4.  The  State  Finance Act is amended by adding
 9    Section 5.480 as follows:
10        (30 ILCS 105/5.480 new)
11        Sec. 5.480.  The Port Development Revolving Loan Fund.
12        Section 5.  The Kaskaskia Regional Port District  Act  is
13    amended by changing Sections 7.1 and 10 and by adding Section
14    1.1 as follows:
15        (70 ILCS 1830/1.1 new)
16        Sec.  1.1.  Purpose.   The General Assembly declares that
17    the main purpose  of  this  Act  is  to  promote  industrial,
18    commercial,  transportation,  and economic activities thereby
19    reducing the evils attendant upon unemployment and  enhancing
20    the public health and welfare of this State.
21        (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
22        Sec. 7.1.  Additional rights and powers.
23        The Port District has the following additional rights and
24    powers:
25        (a)  To   issue  permits  for  the  construction  of  all
26    wharves,  piers,   dolphins,   booms,   weirs,   breakwaters,
27    bulkheads,  jetties, bridges or other structures of any kind,
28    over, under, in, or within 40 feet of  any  navigable  waters
29    within  the  Port  District,  for the deposit of rock, earth,
SB1500 Enrolled            -6-                 LRB9011204MWpc
 1    sand or  other  material,  or  any  matter  of  any  kind  or
 2    description in such waters;
 3        (b)  To  prevent  and  remove  obstructions  in navigable
 4    waters, including the removal of wrecks;
 5        (c)  To locate and establish  dock  lines  and  shore  or
 6    harbor lines;
 7        (d)  To  regulate  the  anchorage,  moorage  and speed of
 8    water borne vessels and to establish and enforce  regulations
 9    for the operation of bridges;
10        (e)  To  acquire,  own,  construct,  lease,  operate  and
11    maintain  terminals,  terminal  facilities,  port facilities,
12    transportation equipment facilities, railroads  and  marinas,
13    and airport facilities and transport equipment facilities and
14    systems,  and  to  fix  and  collect  just,  reasonable,  and
15    non-discriminatory   charges  for  use  of  such  facilities,
16    equipment and systems. The charges so collected shall be used
17    to defray the reasonable expenses of the Port  District,  and
18    to  pay  the  principal  of and interest on any revenue bonds
19    issued by the Port District;
20        (f)  To operate, maintain, manage, lease, sub-lease,  and
21    to  make  and  enter into contracts for the use, operation or
22    management of, and to provide rules and regulations for,  the
23    operation,  management  or  use of, any public port or public
24    port facility;
25        (g)  To  fix,  charge  and  collect  reasonable  rentals,
26    tolls, fees and charges for the use of any  public  port,  or
27    any part thereof, or any public port facility;
28        (h)  To establish, maintain, expand and improve roadways,
29    railroads,  and  approaches  by  land,  or water, to any such
30    terminal, terminal  facility  and  port  facilities,  and  to
31    contract  or otherwise provide by condemnation, if necessary,
32    for the removal of any port,  terminal,  terminal  facilities
33    and port facility hazards or the removal or relocation of all
34    private structures, railroads, mains, pipes, conduits, wires,
SB1500 Enrolled            -7-                 LRB9011204MWpc
 1    poles,  and  all  other  facilities  and  equipment which may
 2    interfere  with  the  location,  expansion,  development   or
 3    improvement of ports, terminals, terminal facilities and port
 4    facilities  or  with  the  safe  approach thereto, or exit or
 5    takeoff therefrom by  vehicles,  vessels,  barges  and  other
 6    means  of  transportation,  and to pay the cost of removal or
 7    relocation;
 8        (i)  To  police  its  physical  property  only  and   all
 9    waterways and to exercise police powers in respect thereto or
10    in  respect  to  the  enforcement  of  any rule or regulation
11    provided by the ordinances of the District and to employ  and
12    commission  police  officers  and  other qualified persons to
13    enforce such rules and regulations. A regulatory ordinance of
14    the District adopted under any provisions of this Section may
15    provide for a suspension  or  revocation  of  any  rights  or
16    privileges within the control of the District for a violation
17    of any such regulatory ordinance.
18        (j)  To   enter   into   agreements  with  the  corporate
19    authorities  or  governing  body  of  any   other   municipal
20    corporation or any political subdivision of this State to pay
21    the   reasonable   expense  of  services  furnished  by  such
22    municipal corporation or  political  subdivision  for  or  on
23    account of income producing properties of the District;
24        (k)  To  enter  into contracts dealing in any manner with
25    the objects and purposes of this Act;
26        (l)  To acquire, own, lease, sell or otherwise dispose of
27    interests in and to real property  and  improvements  situate
28    thereon  and  in  personal  property necessary to fulfill the
29    purposes of the District;
30        (m)  To designate the fiscal year for the District;
31        (n)  To engage in any  activity  or  operation  which  is
32    incidental  to  and  in furtherance of efficient operation to
33    accomplish the District's primary purpose;
34        (o)  To acquire, erect, construct, maintain  and  operate
SB1500 Enrolled            -8-                 LRB9011204MWpc
 1    aquariums,   museums,   planetariums,  climatrons  and  other
 2    edifices for the collection and display of objects pertaining
 3    to natural history or the arts and sciences and to permit the
 4    directors or trustees of any corporation or society organized
 5    for the erection, construction, maintenance and operation  of
 6    an  aquarium,  museum,  planetarium,  climatron or other such
 7    edifice to perform such erection,  construction,  maintenance
 8    and  operation  on  or  within  any property now or hereafter
 9    owned by or under the control or supervision of the District;
10    and to contract with any such directors or trustees  relative
11    to  such acquisition, erection, construction, maintenance and
12    operation and  to  charge  or  authorize  such  directors  or
13    trustees  to  charge  an admission fee, the proceeds of which
14    shall be devoted exclusively to such erection,  construction,
15    maintenance and operation;
16        (p)  To  do  any  act  which  is  enumerated  in  Section
17    11-74.1-1  of  the  "Illinois  Municipal  Code",  in the same
18    manner and form as though the District were a  "municipality"
19    as referred to in such Section;
20        (q)  To  acquire, erect, construct, reconstruct, improve,
21    maintain and  operate  one  or  more,  or  a  combination  or
22    combinations  of,  industrial  buildings,  office  buildings,
23    buildings  to  be  used  as a factory, mill shops, processing
24    plants,  packaging  plants,  assembly   plants,   fabricating
25    plants,  and  buildings  to  be  used as warehouses and other
26    storage facilities.
27        (r)  To acquire, own, construct, lease  or  contract  for
28    any  period  not  exceeding  99  years, operate, develop, and
29    maintain Port District water and  sewage  systems  and  other
30    utility  systems and services, including, but not limited to,
31    pipes,  mains,  lines,  sewers,  pumping  stations,  settling
32    tanks, treatment plants, water purification equipment, wells,
33    storage facilities, lines, and all other equipment, material,
34    and facilities necessary to those systems, for the use,  upon
SB1500 Enrolled            -9-                 LRB9011204MWpc
 1    payment of reasonable fee set by the District, of any tenant,
 2    occupant,  or  user  of the District facilities or any person
 3    engaged in  commerce  in  the  District;  provided  that  the
 4    District  shall  not acquire, own, construct, lease, operate,
 5    develop, and maintain  the  systems  and  services  if  those
 6    systems  and  services  can  be provided by an investor-owned
 7    public utility offering electric or gas services.  The public
 8    utility shall provide the District with a  written  response,
 9    within  30  days  after receiving a written  request from the
10    District for those systems or services,  stating  whether  it
11    will  or will not be able to provide the requested systems or
12    services in accordance with the Public Utilities Act.
13    (Source: P.A. 77-2109.)
14        (70 ILCS 1830/10) (from Ch. 19, par. 510)
15        Sec. 10. Regulations as to qualifications  of  operators.
16    The   Board,   by   ordinance,   may   promulgate  reasonable
17    regulations  prescribing  qualifications  of  the   operators
18    bidders  as  to experience, adequacy of equipment, ability to
19    complete performance within the time set, and  other  factors
20    in addition to financial responsibility, and may by ordinance
21    provide for suitable performance guaranties to qualify a bid.
22    Copies of all such regulations shall be made available to all
23    prospective operators bidders.
24    (Source: Laws 1965, p. 1013.)

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