Bill Text: IL HB0701 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0701 Detail]
Download: Illinois-2013-HB0701-Amended.html
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1 | AMENDMENT TO HOUSE BILL 701
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2 | AMENDMENT NO. ______. Amend House Bill 701 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 19.2 and 19.3 as follows:
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6 | (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
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7 | Sec. 19.2.
As used in this Title, unless the context | ||||||
8 | clearly
requires otherwise:
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9 | (a) "Agency" means the Illinois Environmental Protection | ||||||
10 | Agency.
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11 | (b) "Fund" means the Water Revolving Fund created
pursuant | ||||||
12 | to this Title, consisting of the Water Pollution Control Loan
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13 | Program, the Public Water Supply Loan Program,
and the Loan | ||||||
14 | Support Program.
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15 | (c) "Loan" means a loan made from the Water Pollution | ||||||
16 | Control
Loan Program or the Public Water Supply Loan Program to |
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1 | an eligible applicant as a result of a
contractual agreement | ||||||
2 | between the Agency and such applicant.
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3 | (d) "Construction" means any one or more of the following | ||||||
4 | which is
undertaken for a public purpose: preliminary planning | ||||||
5 | to determine the
feasibility of the treatment works or public | ||||||
6 | water supply, engineering,
architectural, legal,
fiscal or | ||||||
7 | economic investigations or studies, surveys, designs, plans,
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8 | working drawings, specifications, procedures or other | ||||||
9 | necessary actions,
erection, building, acquisition, | ||||||
10 | alteration, remodeling, improvement or
extension of treatment | ||||||
11 | works or public water supplies, or the inspection or
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12 | supervision of any of
the foregoing items. "Construction" also | ||||||
13 | includes implementation of source
water quality protection | ||||||
14 | measures and establishment and implementation of
wellhead | ||||||
15 | protection programs in accordance with Section 1452(k)(1) of | ||||||
16 | the
federal Safe Drinking Water Act.
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17 | (e) "Intended use plan" means a plan which includes a | ||||||
18 | description of the
short and long term goals and objectives of | ||||||
19 | the Water Pollution Control Loan
Program and the Public Water | ||||||
20 | Supply Loan Program, project categories,
discharge | ||||||
21 | requirements, terms of financial assistance and the loan | ||||||
22 | applicants
to be served.
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23 | (f) "Treatment works" means any devices and systems owned | ||||||
24 | by a local
government unit and used in the storage, treatment, | ||||||
25 | recycling, and
reclamation of sewerage or industrial wastes of | ||||||
26 | a liquid nature, including
intercepting sewers, outfall |
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1 | sewers, sewage collection systems, pumping
power and other | ||||||
2 | equipment, and appurtenances; extensions,
improvements, | ||||||
3 | remodeling, additions, and alterations thereof; elements
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4 | essential to provide a reliable recycled supply, such as | ||||||
5 | standby treatment
units and clear well facilities; and any | ||||||
6 | works, including site acquisition
of the land that will be an | ||||||
7 | integral part of the treatment process for
wastewater | ||||||
8 | facilities.
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9 | (g) "Local government unit" means a county, municipality, | ||||||
10 | township,
municipal or county sewerage or utility authority, | ||||||
11 | sanitary district, public
water district, improvement | ||||||
12 | authority or any other political subdivision
whose primary
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13 | purpose is to construct, operate and maintain wastewater | ||||||
14 | treatment facilities
or public water supply facilities or both.
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15 | (h) "Privately owned community water supply" means:
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16 | (1) an investor-owned water utility, if under Illinois | ||||||
17 | Commerce Commission
regulation and operating as a separate | ||||||
18 | and distinct water utility;
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19 | (2) a not-for-profit water corporation, if operating | ||||||
20 | specifically as a
water utility; and
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21 | (3) a mutually owned or cooperatively owned community | ||||||
22 | water system, if
operating
as a separate water utility.
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23 | (i) "Maintenance" means any one or more of the following | ||||||
24 | activities that is undertaken for a public purpose aimed at | ||||||
25 | extending the useful life of the project: corrosion mitigation | ||||||
26 | or prevention; cathodic protection; prevention of structural |
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1 | degradation; or other activities necessary to extend the useful | ||||||
2 | life of the treatment works or public water supply. | ||||||
3 | (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, | ||||||
4 | eff. 8-13-99; 92-16, eff. 6-28-01.)
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5 | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
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6 | Sec. 19.3. Water Revolving Fund.
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7 | (a) There is hereby created within the State Treasury a | ||||||
8 | Water Revolving
Fund, consisting of 3 interest-bearing special | ||||||
9 | programs to be known as the
Water Pollution Control Loan | ||||||
10 | Program, the Public Water Supply Loan Program, and
the Loan | ||||||
11 | Support Program, which shall be used and administered by the | ||||||
12 | Agency.
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13 | (b) The Water Pollution Control Loan Program shall be used | ||||||
14 | and administered
by the Agency to provide assistance for the | ||||||
15 | following purposes:
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16 | (1) to accept and retain funds from grant awards, | ||||||
17 | appropriations,
transfers, and payments of interest and | ||||||
18 | principal;
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19 | (2) to make direct loans at or below market interest | ||||||
20 | rates and to provide additional subsidization, including, | ||||||
21 | but not limited to, forgiveness of principal, negative | ||||||
22 | interest rates, and grants, to any
eligible local | ||||||
23 | government unit to finance the construction or maintenance | ||||||
24 | of wastewater
treatments works and projects that fulfill | ||||||
25 | federal State Revolving Fund grant requirements for a green |
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1 | project reserve;
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2 | (2.5) with respect to funds provided under the American | ||||||
3 | Recovery and Reinvestment Act of 2009: | ||||||
4 | (A) to make direct loans at or below market | ||||||
5 | interest rates to any eligible local government unit | ||||||
6 | and to provide additional subsidization to any | ||||||
7 | eligible local government unit, including, but not | ||||||
8 | limited to, forgiveness of principal, negative | ||||||
9 | interest rates, and grants; | ||||||
10 | (B) to make direct loans at or below market | ||||||
11 | interest rates to any eligible local government unit to | ||||||
12 | buy or refinance debt obligations for treatment works | ||||||
13 | incurred on or after October 1, 2008; and | ||||||
14 | (C) to provide additional subsidization, | ||||||
15 | including, but not limited to, forgiveness of | ||||||
16 | principal, negative interest rates, and grants for | ||||||
17 | treatment works incurred on or after October 1, 2008;
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18 | (3) to make direct loans at or below market interest | ||||||
19 | rates and to provide additional subsidization, including, | ||||||
20 | but not limited to, forgiveness of principal, negative | ||||||
21 | interest rates, and grants, to any
eligible local | ||||||
22 | government unit to buy or refinance debt obligations for | ||||||
23 | costs
incurred after March 7, 1985, for the construction or | ||||||
24 | maintenance of wastewater treatment works, and projects | ||||||
25 | that fulfill federal State Revolving Fund grant | ||||||
26 | requirements for a green project reserve;
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1 | (3.5) to make direct loans at or below market interest | ||||||
2 | rates for the
implementation of a management program | ||||||
3 | established under Section 319 of the
Federal Water | ||||||
4 | Pollution Control Act, as amended;
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5 | (4) to guarantee or purchase insurance for local | ||||||
6 | obligations
where such action would improve credit market | ||||||
7 | access or reduce interest rates;
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8 | (5) as a source of revenue or security for the payment | ||||||
9 | of principal and
interest on revenue or general obligation | ||||||
10 | bonds issued by the State or any
political subdivision or | ||||||
11 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
12 | be deposited in the Fund;
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13 | (6) to finance the reasonable costs incurred by the | ||||||
14 | Agency in the
administration of the Fund; and
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15 | (7) to transfer funds to the Public Water Supply Loan | ||||||
16 | Program.
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17 | (c) The Loan Support Program shall be used and administered | ||||||
18 | by the Agency
for the following purposes:
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19 | (1) to accept and retain funds from grant awards and | ||||||
20 | appropriations;
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21 | (2) to finance the reasonable costs incurred by the | ||||||
22 | Agency in the
administration of the Fund, including | ||||||
23 | activities under Title III of this
Act, including the | ||||||
24 | administration of the State
construction grant program;
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25 | (3) to transfer funds to the Water Pollution Control | ||||||
26 | Loan
Program and the Public Water Supply Loan Program;
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1 | (4) to accept and retain a portion of the loan | ||||||
2 | repayments;
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3 | (5) to finance the development of the low interest loan
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4 | programs for water pollution control and public water | ||||||
5 | supply projects;
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6 | (6) to finance the reasonable costs incurred by the | ||||||
7 | Agency to provide
technical assistance for public water | ||||||
8 | supplies; and
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9 | (7) to finance the reasonable costs incurred by the | ||||||
10 | Agency for
public water system supervision programs, to | ||||||
11 | administer or provide for
technical assistance through | ||||||
12 | source water protection programs, to develop and
implement | ||||||
13 | a capacity development strategy, to delineate and assess | ||||||
14 | source water
protection areas, and for an operator | ||||||
15 | certification program in accordance with
Section 1452 of | ||||||
16 | the federal Safe Drinking Water Act.
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17 | (d) The Public Water Supply Loan Program shall be used and | ||||||
18 | administered by
the Agency to provide assistance to local | ||||||
19 | government units and privately owned
community water supplies | ||||||
20 | for public water
supplies for the following public purposes:
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21 | (1) to accept and retain funds from grant awards, | ||||||
22 | appropriations,
transfers, and payments of interest and | ||||||
23 | principal;
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24 | (2) 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 finance the construction or | ||||||
4 | maintenance of water supplies and projects that fulfill | ||||||
5 | federal State Revolving Fund grant requirements for a green | ||||||
6 | project reserve;
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7 | (2.5) with respect to funds provided under the American | ||||||
8 | Recovery and Reinvestment Act of 2009: | ||||||
9 | (A) to make direct loans at or below market | ||||||
10 | interest rates to any eligible local government unit or | ||||||
11 | to any eligible privately owned community water | ||||||
12 | supply, and to provide additional subsidization to any | ||||||
13 | eligible local government unit or to any eligible | ||||||
14 | privately owned community water supply, including, but | ||||||
15 | not limited to, forgiveness of principal, negative | ||||||
16 | interest rates, and grants; | ||||||
17 | (B) to buy or refinance the debt obligation of a | ||||||
18 | local government unit for costs incurred on or after | ||||||
19 | October 1, 2008; and
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20 | (C) to provide additional subsidization, | ||||||
21 | including, but not limited to, forgiveness of | ||||||
22 | principal, negative interest rates, and grants for a | ||||||
23 | local government unit for costs incurred on or after | ||||||
24 | October 1, 2008;
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25 | (3) to make direct loans at or below market interest | ||||||
26 | rates and to provide additional subsidization, including, |
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1 | but not limited to, forgiveness of principal, negative | ||||||
2 | interest rates, and grants, to any eligible local | ||||||
3 | government unit or to any eligible privately owned | ||||||
4 | community water supply to buy or refinance debt obligations | ||||||
5 | for
costs incurred on or after July 17, 1997, for the | ||||||
6 | construction or maintenance of water supplies and projects | ||||||
7 | that fulfill federal State Revolving Fund requirements for | ||||||
8 | a green project reserve;
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9 | (4) to guarantee local obligations where such action | ||||||
10 | would improve credit
market access or reduce interest | ||||||
11 | rates;
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12 | (5) as a source of revenue or security for the payment | ||||||
13 | of principal and
interest on revenue or general obligation | ||||||
14 | bonds issued by the State or any
political subdivision or | ||||||
15 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
16 | be deposited into the Fund; and
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17 | (6) to transfer funds to the Water Pollution Control | ||||||
18 | Loan Program.
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19 | (e) The Agency is designated as the administering agency of | ||||||
20 | the Fund.
The Agency shall submit to the Regional Administrator | ||||||
21 | of the United States
Environmental Protection Agency an | ||||||
22 | intended use plan which outlines the
proposed use of funds | ||||||
23 | available to the State. The Agency shall take all
actions | ||||||
24 | necessary to secure to the State the benefits of the federal
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25 | Water Pollution Control Act and the federal Safe Drinking Water | ||||||
26 | Act, as now
or hereafter amended.
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1 | (f) The Agency shall have the power to enter into | ||||||
2 | intergovernmental
agreements with the federal government or | ||||||
3 | the State, or any instrumentality
thereof, for purposes of | ||||||
4 | capitalizing the Water Revolving Fund.
Moneys on deposit in the | ||||||
5 | Water Revolving Fund may be used for the
creation of reserve | ||||||
6 | funds or pledged funds that secure the obligations
of repayment | ||||||
7 | of loans made pursuant to this Section. For the purpose
of | ||||||
8 | obtaining capital for deposit into the Water Revolving Fund, | ||||||
9 | the
Agency may also enter into agreements with financial | ||||||
10 | institutions and other
persons for the purpose of selling loans | ||||||
11 | and developing a secondary market
for such loans. The Agency | ||||||
12 | shall have the power to create and establish such
reserve funds | ||||||
13 | and accounts as may be necessary or desirable to accomplish its
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14 | purposes under this subsection and to allocate its available | ||||||
15 | moneys into such
funds and accounts. Investment earnings on | ||||||
16 | moneys held in the Water Revolving
Fund, including any reserve | ||||||
17 | fund or pledged fund, shall be deposited into the
Water | ||||||
18 | Revolving Fund.
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19 | (g) To ensure the effective use of funds, produce the | ||||||
20 | highest quality new treatment works, and extend the useful life | ||||||
21 | of existing treatment works, the Agency shall establish | ||||||
22 | contractor requirements on all construction and maintenance | ||||||
23 | projects. These requirements shall be developed in concert with | ||||||
24 | engineers, architects, contractors, unions, and industry | ||||||
25 | recognized partners, such as the National Association of | ||||||
26 | Corrosion Engineers and the Society for Protective Coatings. |
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1 | The requirements shall mandate conformity to the Society of | ||||||
2 | Protective Coatings certifications QP1, QP2, QP3, or any | ||||||
3 | combination of those certifications, as applicable to the scope | ||||||
4 | of the treatment works projects. The Agency shall make | ||||||
5 | compliance with these requirements, including the mandatory | ||||||
6 | certifications, a condition of any party receiving funds for | ||||||
7 | construction or maintenance under this Title. | ||||||
8 | (Source: P.A. 96-8, eff. 4-28-09; 96-917, eff. 6-9-10.)".
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