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92_HB5958 LRB9212248LBprA 1 AN ACT concerning environmental law. 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 5 by changing Sections 58.13 and 58.15 as follows: 6 (415 ILCS 5/58.13) 7 Sec. 58.13.
MunicipalBrownfields Redevelopment Grant 8 Program. 9 (a)(1) The Agency shall establish and administer a 10 program of grants to be known as the Municipal11 Brownfields Redevelopment Grant Program to provide 12 municipalities and counties in Illinois with financial 13 assistance to be used for coordination of activities 14 related to brownfields redevelopment, including but not 15 limited to identification of brownfields sites, site 16 investigation and determination of remediation objectives 17 and related plans and reports, and development of 18 remedial action plans, but not including the 19 implementation of remedial action plans and remedial 20 action completion reports. The plans and reports shall be 21 developed in accordance with Title XVII of this Act. 22 (2) Grants shall be awarded on a competitive basis 23 subject to availability of funding. Criteria for 24 awarding grants shall include, but shall not be limited 25 to the following: 26 (A) problem statement and needs assessment; 27 (B) community-based planning and involvement; 28 (C) implementation planning; and 29 (D) long-term benefits and sustainability. 30 (3) The Agency may give weight to geographic 31 location to enhance geographic distribution of grants -2- LRB9212248LBprA 1 across this State. 2 (4) Grants shall be limited to a maximum of 3 $240,000 and no municipality or county shall receive more 4 than one grant under this Section. 5 (5) Grant amounts shall not exceed 70% of the 6 project amount, with the remainder to be provided by the 7 municipality or county as local matching funds. 8 (b) The Agency shall have the authority to enter into 9 any contracts or agreements that may be necessary to carry 10 out its duties or responsibilities under this Section. The 11 Agency shall have the authority to adopt rules setting forth 12 procedures and criteria for administering the Municipal13 Brownfields Redevelopment Grant Program. The rules adopted 14 by the Agency may include but shall not be limited to the 15 following: 16 (1) purposes for which grants are available; 17 (2) application periods and content of 18 applications; 19 (3) procedures and criteria for Agency review of 20 grant applications, grant approvals and denials, and 21 grantee acceptance; 22 (4) grant payment schedules; 23 (5) grantee responsibilities for work schedules, 24 work plans, reports, and record keeping; 25 (6) evaluation of grantee performance, including 26 but not limited to auditing and access to sites and 27 records; 28 (7) requirements applicable to contracting and 29 subcontracting by the grantee; 30 (8) penalties for noncompliance with grant 31 requirements and conditions, including stop-work orders, 32 termination of grants, and recovery of grant funds; 33 (9) indemnification of this State and the Agency by 34 the grantee; and -3- LRB9212248LBprA 1 (10) manner of compliance with the Local Government 2 Professional Services Selection Act. 3 (Source: P.A. 92-486, eff. 1-1-02.) 4 (415 ILCS 5/58.15) 5 Sec. 58.15. Brownfields Redevelopment Loan Program. 6 (a) The Agency shall establish and administer a 7 revolving loan program to be known as the "Brownfields 8 Redevelopment Loan Program" for the purpose of providing 9 loans to be used for site investigation, site remediation, or 10 both, at brownfields sites. All principal, interest, and 11 penalty payments from loans made under this Section shall be 12 deposited into the Brownfields Redevelopment Fund and reused 13 in accordance with this Section. 14 (b) General requirements for loans: 15 (1) Loans shall be at or below market interest 16 rates in accordance with a formula set forth in 17 regulations promulgated under subsection (c) of this 18 Section. 19 (2) Loans shall be awarded subject to availability 20 of funding based on the order of receipt of applications 21 satisfying all requirements as set forth in the 22 regulations promulgated under subsection (c) of this 23 Section. Counties are not excluded from eligibility for 24 loans under this program. 25 (3) The maximum loan amount under this Section for 26 any one project is $1,000,000. 27 (4) In addition to any requirements or conditions 28 placed on loans by regulation, loan agreements under the 29 Brownfields Redevelopment Loan Program shall include the 30 following requirements: 31 (A) the loan recipient shall secure the loan 32 repayment obligation; 33 (B) completion of the loan repayment shall not -4- LRB9212248LBprA 1 exceed 5 years; and 2 (C) loan agreements shall provide for a 3 confession of judgment by the loan recipient upon 4 default. 5 (5) Loans shall not be used to cover expenses 6 incurred prior to the approval of the loan application. 7 (6) If the loan recipient fails to make timely 8 payments or otherwise fails to meet its obligations as 9 provided in this Section or implementing regulations, the 10 Agency is authorized to pursue the collection of the 11 amounts past due, the outstanding loan balance, and the 12 costs thereby incurred, either pursuant to the Illinois 13 State Collection Act of 1986 or by any other means 14 provided by law, including the taking of title, by 15 foreclosure or otherwise, to any project or other 16 property pledged, mortgaged, encumbered, or otherwise 17 available as security or collateral. 18 (c) The Agency shall have the authority to enter into 19 any contracts or agreements that may be necessary to carry 20 out its duties or responsibilities under this Section. The 21 Agency shall have the authority to promulgate regulations 22 setting forth procedures and criteria for administering the 23 Brownfields Redevelopment Loan Program. The regulations 24 promulgated by the Agency for loans under this Section shall 25 include, but need not be limited to, the following elements: 26 (1) loan application requirements; 27 (2) determination of credit worthiness of the loan 28 applicant; 29 (3) types of security required for the loan; 30 (4) types of collateral, as necessary, that can be 31 pledged for the loan; 32 (5) special loan terms, as necessary, for securing 33 the repayment of the loan; 34 (6) maximum loan amounts; -5- LRB9212248LBprA 1 (7) purposes for which loans are available; 2 (8) application periods and content of 3 applications; 4 (9) procedures for Agency review of loan 5 applications, loan approvals or denials, and loan 6 acceptance by the loan recipient; 7 (10) procedures for establishing interest rates; 8 (11) requirements applicable to disbursement of 9 loans to loan recipients; 10 (12) requirements for securing loan repayment 11 obligations; 12 (13) conditions or circumstances constituting 13 default; 14 (14) procedures for repayment of loans and 15 delinquent loans including, but not limited to, the 16 initiation of principal and interest payments following 17 loan acceptance; 18 (15) loan recipient responsibilities for work 19 schedules, work plans, reports, and record keeping; 20 (16) evaluation of loan recipient performance, 21 including auditing and access to sites and records; 22 (17) requirements applicable to contracting and 23 subcontracting by the loan recipient, including 24 procurement requirements; 25 (18) penalties for noncompliance with loan 26 requirements and conditions, including stop-work orders, 27 termination, and recovery of loan funds; and 28 (19) indemnification of the State of Illinois and 29 the Agency by the loan recipient. 30 (d) Moneys in the Brownfields Redevelopment Fund may be 31 used as a source of revenue or security for the principal and 32 interest on revenue or general obligation bonds issued by the 33 State or any county or other political subdivision or 34 instrumentality thereof, if the proceeds of those bonds will -6- LRB9212248LBprA 1 be deposited into the Fund. 2 (Source: P.A. 91-36, eff. 6-15-99; 92-16, eff. 6-28-01.)
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