Bill Text: IL HB5226 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Environmental Protection Act. Authorizes funds in 2 of the 3 special programs in the Water Revolving Fund to be used to make direct loans and provide subsidies for certain specified purposes. Authorizes funds in the Loan Support Program to be used to finance water pollution control projects. Authorizes funds in Public Water Supply Loan Program to be used to make direct loans and provide subsidies to eligible local government units and privately owned community water supplies for certain purposes. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-06-09 - Public Act . . . . . . . . . 96-0917 [HB5226 Detail]
Download: Illinois-2009-HB5226-Enrolled.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 19.3 as follows:
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6 | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
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7 | Sec. 19.3. Water Revolving Fund.
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8 | (a) There is hereby created within the State Treasury a | ||||||
9 | Water Revolving
Fund, consisting of 3 interest-bearing special | ||||||
10 | programs to be known as the
Water Pollution Control Loan | ||||||
11 | Program, the Public Water Supply Loan Program, and
the Loan | ||||||
12 | Support Program, which shall be used and administered by the | ||||||
13 | Agency.
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14 | (b) The Water Pollution Control Loan Program shall be used | ||||||
15 | and administered
by the Agency to provide assistance for the | ||||||
16 | following purposes:
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17 | (1) to accept and retain funds from grant awards, | ||||||
18 | appropriations,
transfers, and payments of interest and | ||||||
19 | principal;
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20 | (2) to make direct loans at or below market interest | ||||||
21 | rates and to provide additional subsidization, including, | ||||||
22 | but not limited to, forgiveness of principal, negative | ||||||
23 | interest rates, and grants, to any
eligible local |
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1 | government unit to finance the construction of wastewater
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2 | treatments works and projects that fulfill federal State | ||||||
3 | Revolving Fund grant requirements for a green project | ||||||
4 | reserve ;
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5 | (2.5) with respect to funds provided under the American | ||||||
6 | Recovery and Reinvestment Act of 2009: | ||||||
7 | (A) to make direct loans at or below market | ||||||
8 | interest rates to any eligible local government unit | ||||||
9 | and to provide additional subsidization to any | ||||||
10 | eligible local government unit, including, but not | ||||||
11 | limited to, forgiveness of principal, negative | ||||||
12 | interest rates, and grants; | ||||||
13 | (B) to make direct loans at or below market | ||||||
14 | interest rates to any eligible local government unit to | ||||||
15 | buy or refinance debt obligations for treatment works | ||||||
16 | incurred on or after October 1, 2008; and | ||||||
17 | (C) to provide additional subsidization, | ||||||
18 | including, but not limited to, forgiveness of | ||||||
19 | principal, negative interest rates, and grants for | ||||||
20 | treatment works incurred on or after October 1, 2008;
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21 | (3) to make direct loans at or below market interest | ||||||
22 | rates and to provide additional subsidization, including, | ||||||
23 | but not limited to, forgiveness of principal, negative | ||||||
24 | interest rates, and grants, to any
eligible local | ||||||
25 | government unit to buy or refinance debt obligations for | ||||||
26 | costs
treatment works incurred after March 7, 1985 , for the |
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1 | construction of wastewater treatment works, and projects | ||||||
2 | that fulfill federal State Revolving Fund grant | ||||||
3 | requirements for a green project reserve ;
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4 | (3.5) to make direct loans at or below market interest | ||||||
5 | rates for the
implementation of a management program | ||||||
6 | established under Section 319 of the
Federal Water | ||||||
7 | Pollution Control Act, as amended;
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8 | (4) to guarantee or purchase insurance for local | ||||||
9 | obligations
where such action would improve credit market | ||||||
10 | access or reduce interest rates;
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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 will | ||||||
15 | be deposited in the Fund;
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16 | (6) to finance the reasonable costs incurred by the | ||||||
17 | Agency in the
administration of the Fund; and
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18 | (7) to transfer funds to the Public Water Supply Loan | ||||||
19 | Program.
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20 | (c) The Loan Support Program shall be used and administered | ||||||
21 | by the Agency
for the following purposes:
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22 | (1) to accept and retain funds from grant awards and | ||||||
23 | appropriations;
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24 | (2) to finance the reasonable costs incurred by the | ||||||
25 | Agency in the
administration of the Fund, including | ||||||
26 | activities under Title III of this
Act, including the |
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1 | administration of the State
construction grant program;
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2 | (3) to transfer funds to the Water Pollution Control | ||||||
3 | Loan
Program and the Public Water Supply Loan Program;
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4 | (4) to accept and retain a portion of the loan | ||||||
5 | repayments;
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6 | (5) to finance the development of the low interest loan
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7 | programs program for water pollution control and public | ||||||
8 | water supply projects;
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9 | (6) to finance the reasonable costs incurred by the | ||||||
10 | Agency to provide
technical assistance for public water | ||||||
11 | supplies; and
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12 | (7) to finance the reasonable costs incurred by the | ||||||
13 | Agency for
public water system supervision programs, to | ||||||
14 | administer or provide for
technical assistance through | ||||||
15 | source water protection programs, to develop and
implement | ||||||
16 | a capacity development strategy, to delineate and assess | ||||||
17 | source water
protection areas, and for an operator | ||||||
18 | certification program in accordance with
Section 1452 of | ||||||
19 | the federal Safe Drinking Water Act.
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20 | (d) The Public Water Supply Loan Program shall be used and | ||||||
21 | administered by
the Agency to provide assistance to local | ||||||
22 | government units and privately owned
community water supplies | ||||||
23 | for public water
supplies for the following public purposes:
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24 | (1) to accept and retain funds from grant awards, | ||||||
25 | appropriations,
transfers, and payments of interest and | ||||||
26 | principal;
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1 | (2) to make direct loans at or below market interest | ||||||
2 | rates and to provide additional subsidization, including, | ||||||
3 | but not limited to, forgiveness of principal, negative | ||||||
4 | interest rates, and grants, to any eligible
local | ||||||
5 | government unit or to any eligible privately owned | ||||||
6 | community water supply
to finance the construction of water | ||||||
7 | supplies and projects that fulfill federal State Revolving | ||||||
8 | Fund grant requirements for a green project reserve ;
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9 | (2.5) with respect to funds provided under the American | ||||||
10 | Recovery and Reinvestment Act of 2009: | ||||||
11 | (A) to make direct loans at or below market | ||||||
12 | interest rates to any eligible local government unit or | ||||||
13 | to any eligible privately owned community water | ||||||
14 | supply, and to provide additional subsidization to any | ||||||
15 | eligible local government unit or to any eligible | ||||||
16 | privately owned community water supply, including, but | ||||||
17 | not limited to, forgiveness of principal, negative | ||||||
18 | interest rates, and grants; | ||||||
19 | (B) to buy or refinance the debt obligation of a | ||||||
20 | local government unit for costs incurred on or after | ||||||
21 | October 1, 2008; and
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22 | (C) to provide additional subsidization, | ||||||
23 | including, but not limited to, forgiveness of | ||||||
24 | principal, negative interest rates, and grants for a | ||||||
25 | local government unit for costs incurred on or after | ||||||
26 | October 1, 2008;
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1 | (3) to make direct loans at or below market interest | ||||||
2 | rates and to provide additional subsidization, including, | ||||||
3 | but not limited to, forgiveness of principal, negative | ||||||
4 | interest rates, and grants, to any eligible local | ||||||
5 | government unit or to any eligible privately owned | ||||||
6 | community water supply to buy or refinance the debt | ||||||
7 | obligations obligation of a local government unit for
costs | ||||||
8 | incurred on or after July 17, 1997 , for the construction of | ||||||
9 | water supplies and projects that fulfill federal State | ||||||
10 | Revolving Fund requirements for a green project reserve ;
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11 | (4) to guarantee local obligations where such action | ||||||
12 | would improve credit
market access or reduce interest | ||||||
13 | rates;
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14 | (5) as a source of revenue or security for the payment | ||||||
15 | of principal and
interest on revenue or general obligation | ||||||
16 | bonds issued by the State or any
political subdivision or | ||||||
17 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
18 | be deposited into the Fund; and
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19 | (6) to transfer funds to the Water Pollution Control | ||||||
20 | Loan Program.
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21 | (e) The Agency is designated as the administering agency of | ||||||
22 | the Fund.
The Agency shall submit to the Regional Administrator | ||||||
23 | of the United States
Environmental Protection Agency an | ||||||
24 | intended use plan which outlines the
proposed use of funds | ||||||
25 | available to the State. The Agency shall take all
actions | ||||||
26 | necessary to secure to the State the benefits of the federal
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1 | Water Pollution Control Act and the federal Safe Drinking Water | ||||||
2 | Act, as now
or hereafter amended.
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3 | (f) The Agency shall have the power to enter into | ||||||
4 | intergovernmental
agreements with the federal government or | ||||||
5 | the State, or any instrumentality
thereof, for purposes of | ||||||
6 | capitalizing the Water Revolving Fund.
Moneys on deposit in the | ||||||
7 | Water Revolving Fund may be used for the
creation of reserve | ||||||
8 | funds or pledged funds that secure the obligations
of repayment | ||||||
9 | of loans made pursuant to this Section. For the purpose
of | ||||||
10 | obtaining capital for deposit into the Water Revolving Fund, | ||||||
11 | the
Agency may also enter into agreements with financial | ||||||
12 | institutions and other
persons for the purpose of selling loans | ||||||
13 | and developing a secondary market
for such loans. The Agency | ||||||
14 | shall have the power to create and establish such
reserve funds | ||||||
15 | and accounts as may be necessary or desirable to accomplish its
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16 | purposes under this subsection and to allocate its available | ||||||
17 | moneys into such
funds and accounts. Investment earnings on | ||||||
18 | moneys held in the Water Revolving
Fund, including any reserve | ||||||
19 | fund or pledged fund, shall be deposited into the
Water | ||||||
20 | Revolving Fund.
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21 | (Source: P.A. 96-8, eff. 4-28-09.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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