Bill Text: IL HB4808 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Requires rules adopted by the Illinois Environmental Protection Agency for purposes of administering the Water Revolving Fund to encourage regionalization and proactive compliance. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4808 Detail]

Download: Illinois-2023-HB4808-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4808 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
415 ILCS 5/19.4 from Ch. 111 1/2, par. 1019.4
Amends the Environmental Protection Act. Requires rules adopted by the Illinois Environmental Protection Agency for purposes of administering the Water Revolving Fund to encourage regionalization and proactive compliance. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 19.4 as follows:
(415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
Sec. 19.4. Regulations; priorities.
(a) The Agency shall have the authority to promulgate
regulations for the administration of this Title, including,
but not limited to, rules setting forth procedures and
criteria concerning loan applications and the issuance of
loans. For loans to units of local government, the regulations
shall include, but need not be limited to, the following
elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan
applicant;
(3) special loan terms, as necessary, for securing the
repayment of the loan;
(4) assurance of payment;
(5) interest rates;
(6) loan support rates;
(7) impact on user charges;

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(8) eligibility of proposed construction;
(9) priority of needs;
(10) special loan terms for disadvantaged communities;
(11) maximum limits on annual distributions of funds
to applicants or groups of applicants;
(12) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(13) indemnification of the State of Illinois and the
Agency by the loan recipient.
(b) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications for loan recipients other than units of
local government. In addition to all of the elements required
for units of local government under subsection (a), the
regulations shall include, but need not be limited to, the
following elements:
(1) types of security required for the loan;
(2) types of collateral, as necessary, that can be
pledged for the loan; and
(3) staged access to fund privately owned community
water supplies.
(c) Rules adopted under this Title shall also include, but
shall not be limited to, criteria for prioritizing the
issuance of loans under this Title according to applicant
need. Priority in making loans from the Public Water Supply

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Loan Program must first be given to local government units and
privately owned community water supplies that need to make
capital improvements to protect human health and to achieve
compliance with the State and federal primary drinking water
standards adopted pursuant to this Act and the federal Safe
Drinking Water Act, as now and hereafter amended. Rules for
prioritizing loans from the Water Pollution Control Loan
Program may include, but shall not be limited to, criteria
designed to encourage green infrastructure, water efficiency,
environmentally innovative projects, and nutrient pollution
removal.
(d) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications for funds provided under the American
Recovery and Reinvestment Act of 2009. In addition, due to
time constraints in the American Recovery and Reinvestment Act
of 2009, the Agency shall adopt emergency rules as necessary
to allow the timely administration of funds provided under the
American Recovery and Reinvestment Act of 2009. Emergency
rules adopted under this subsection (d) shall be adopted in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act.
(e) The Agency may adopt rules to create a linked deposit
loan program through which loans made pursuant to paragraph
(3.5) of subsection (b) of Section 19.3 may be made through
private lenders. Rules adopted under this subsection (e) shall

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include, but shall not be limited to, provisions requiring
private lenders, prior to disbursing loan proceeds through the
linked deposit loan program, to verify that the loan
recipients have been approved by the Agency for financing
under paragraph (3.5) of subsection (b) of Section 19.3.
(f) Rules adopted under this Section for the
administration of this Title shall encourage regionalization
and shall encourage proactive compliance.
(Source: P.A. 98-782, eff. 7-23-14.)