Bill Text: IL SB0366 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Attorney General Act. Makes a technical change in the Section concerning the short title of the Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-04-28 - Public Act . . . . . . . . . 96-0008 [SB0366 Detail]
Download: Illinois-2009-SB0366-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | ARTICLE 1. SHORT TITLE; PURPOSE | ||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||
6 | FY2009 Budget Implementation (Spring Supplemental) Act.
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7 | Section 1-5. Purpose. It is the purpose of this Act to make | ||||||
8 | changes in State programs that are necessary to implement the | ||||||
9 | Governor's Fiscal Year 2009 supplemental budget | ||||||
10 | recommendations as a result of enactment of the American | ||||||
11 | Recovery and Reinvestment Act of 2009.
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12 | ARTICLE 5. FEDERAL RECOVERY | ||||||
13 | Section 5-5. The Department of Transportation Law of the | ||||||
14 | Civil Administrative Code of Illinois is amended by adding | ||||||
15 | Section 2705-585 as follows:
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16 | (20 ILCS 2705/2705-585 new)
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17 | Sec. 2705-585. Diversity goals. | ||||||
18 | (a) To the extent permitted by any applicable federal law | ||||||
19 | or regulation, all State construction projects funded from |
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1 | amounts (i) made available under the Governor's Fiscal Year | ||||||
2 | 2009 supplemental budget or the American Recovery and | ||||||
3 | Reinvestment Act of 2009 and (ii) that are appropriated to the | ||||||
4 | Illinois Department of Transportation shall comply with the | ||||||
5 | Business Enterprise for Minorities, Females, and Persons with | ||||||
6 | Disabilities Act. | ||||||
7 | (b) The Illinois Department of Transportation shall | ||||||
8 | appoint representatives to professional and artistic services | ||||||
9 | selection committees representative of the State's ethnic, | ||||||
10 | cultural, and geographic diversity, including, but not limited | ||||||
11 | to, at least one person from each of the following: an | ||||||
12 | association representing the interests of African American | ||||||
13 | business owners, an association representing the interests of | ||||||
14 | Latino business owners, and an association representing the | ||||||
15 | interests of women business owners. These committees shall | ||||||
16 | comply with all requirements of the Open Meetings Act.
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17 | Section 5-10. The State Finance Act is amended by changing | ||||||
18 | Section 6z-52 as follows:
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19 | (30 ILCS 105/6z-52)
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20 | Sec. 6z-52. Drug Rebate Fund.
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21 | (a) There is created in the State Treasury a special fund | ||||||
22 | to be known as
the Drug Rebate Fund.
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23 | (b) The Fund is created for the purpose of receiving and | ||||||
24 | disbursing moneys
in accordance with this Section. |
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1 | Disbursements from the Fund shall be made,
subject to | ||||||
2 | appropriation, only as follows:
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3 | (1) For payments to pharmacies for reimbursement for | ||||||
4 | prescription drugs
provided to a recipient of aid under | ||||||
5 | Article V of the Illinois Public Aid Code
or the Children's | ||||||
6 | Health Insurance Program Act.
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7 | (2) For reimbursement of moneys collected by the | ||||||
8 | Department of Healthcare and Family Services (formerly
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9 | Illinois Department of
Public Aid) through error or | ||||||
10 | mistake.
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11 | (3) For payments of any amounts that are reimbursable | ||||||
12 | to the federal
government resulting from a payment into | ||||||
13 | this Fund.
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14 | (c) The Fund shall consist of the following:
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15 | (1) Upon notification from the Director of Healthcare | ||||||
16 | and Family Services, the Comptroller
shall direct and the | ||||||
17 | Treasurer shall transfer the net State share (disregarding | ||||||
18 | the reduction in net State share attributable to the | ||||||
19 | American Recovery and Reinvestment Act of 2009 or any other | ||||||
20 | federal economic stimulus program) of all moneys
received | ||||||
21 | by the Department of Healthcare and Family Services | ||||||
22 | (formerly Illinois Department of Public Aid) from drug | ||||||
23 | rebate agreements
with pharmaceutical manufacturers | ||||||
24 | pursuant to Title XIX of the federal Social
Security Act, | ||||||
25 | including any portion of the balance in the Public Aid | ||||||
26 | Recoveries
Trust Fund on July 1, 2001 that is attributable |
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1 | to such receipts.
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2 | (2) All federal matching funds received by the Illinois | ||||||
3 | Department as a
result of expenditures made by the | ||||||
4 | Department that are attributable to moneys
deposited in the | ||||||
5 | Fund.
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6 | (3) Any premium collected by the Illinois Department | ||||||
7 | from participants
under a waiver approved by the federal | ||||||
8 | government relating to provision of
pharmaceutical | ||||||
9 | services.
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10 | (4) All other moneys received for the Fund from any | ||||||
11 | other source,
including interest earned thereon.
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12 | (Source: P.A. 95-331, eff. 8-21-07.)
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13 | Section 5-12. The Business Enterprise for Minorities, | ||||||
14 | Females, and Persons with Disabilities Act is amended by | ||||||
15 | changing Section 4 as follows:
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16 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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17 | (Section scheduled to be repealed on June 30, 2010)
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18 | Sec. 4. Award of State contracts.
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19 | (a) Except as provided in subsection (b), not less than 12% | ||||||
20 | of
the total dollar amount of State contracts, as defined by | ||||||
21 | the Secretary of
the Council and approved by the Council, shall | ||||||
22 | be established as a goal to
be awarded to businesses owned by | ||||||
23 | minorities,
females, and persons with disabilities; provided, | ||||||
24 | however, that
contracts representing at least five-twelfths of |
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1 | the total amount of all
State contracts awarded to businesses | ||||||
2 | owned by
minorities, females, and persons with disabilities | ||||||
3 | pursuant to
this Section shall be awarded to female owned | ||||||
4 | businesses, and that
contracts representing at least one-sixth | ||||||
5 | of the total amount of all State
contracts awarded to | ||||||
6 | businesses owned by
minorities, females, and persons with | ||||||
7 | disabilities pursuant to this
Section shall be awarded to | ||||||
8 | businesses owned by persons
with disabilities.
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9 | The above percentage relates to the total dollar amount of | ||||||
10 | State
contracts during each State fiscal year, calculated by | ||||||
11 | examining
independently each type of contract for each agency | ||||||
12 | or university which
lets such contracts. Only that percentage | ||||||
13 | of arrangements which represents the participation of | ||||||
14 | businesses owned by
minorities, females, and persons with | ||||||
15 | disabilities on such contracts shall
be included.
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16 | (b) In the case of State construction contracts, the | ||||||
17 | provisions of
subsection (a) requiring a portion of State | ||||||
18 | contracts to be awarded to
businesses owned and controlled by | ||||||
19 | persons with
disabilities do not apply. Not less
than 10% of | ||||||
20 | the total dollar amount of State construction contracts is
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21 | established as a goal to be awarded to minority and female | ||||||
22 | owned
businesses, and contracts representing 50% of the amount | ||||||
23 | of all State
construction contracts awarded to minority and | ||||||
24 | female owned businesses
shall be awarded to female owned | ||||||
25 | businesses.
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26 | (c) Within one year after the effective date of this |
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1 | amendatory Act of the 96th General Assembly, the Department of | ||||||
2 | Central Management Services shall conduct a social scientific | ||||||
3 | study that measures the impact of discrimination on minority | ||||||
4 | and female business development in Illinois. Within 18 months | ||||||
5 | after the effective date of this amendatory Act, the Department | ||||||
6 | shall issue a report of its findings and any recommendations on | ||||||
7 | whether to adjust the goals for minority and female | ||||||
8 | participation established in this Act. Copies of this report | ||||||
9 | and the social scientific study shall be filed with the | ||||||
10 | Governor and the General Assembly. | ||||||
11 | (Source: P.A. 87-701; 88-597, eff. 8-28-94 .)
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12 | Section 5-15. The Illinois Public Aid Code is amended by | ||||||
13 | changing Section 5A-10 as follows:
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14 | (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
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15 | Sec. 5A-10. Applicability.
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16 | (a) The assessment imposed by Section 5A-2 shall not take | ||||||
17 | effect or shall
cease to be imposed, and
any moneys
remaining | ||||||
18 | in the Fund shall be refunded to hospital providers
in | ||||||
19 | proportion to the amounts paid by them, if:
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20 | (1) The sum of the appropriations for State fiscal | ||||||
21 | years 2004 and 2005
from the
General Revenue Fund for | ||||||
22 | hospital payments
under the medical assistance program is | ||||||
23 | less than $4,500,000,000 or the appropriation for each of | ||||||
24 | State fiscal years 2006, 2007 and 2008 from the General |
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1 | Revenue Fund for hospital payments under the medical | ||||||
2 | assistance program is less than $2,500,000,000 increased | ||||||
3 | annually to reflect any increase in the number of | ||||||
4 | recipients, or the annual appropriation for State fiscal | ||||||
5 | years 2009 through 2013, from the General Revenue Fund | ||||||
6 | combined with the Hospital Provider Fund as authorized in | ||||||
7 | Section 5A-8 for hospital payments under the medical | ||||||
8 | assistance program, is less than the amount appropriated | ||||||
9 | for State fiscal year 2009, adjusted annually to reflect | ||||||
10 | any change in the number of recipients , excluding State | ||||||
11 | fiscal year 2009 supplemental appropriations made | ||||||
12 | necessary by the enactment of the American Recovery and | ||||||
13 | Reinvestment Act of 2009 ; or
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14 | (2) For State fiscal years prior to State fiscal year | ||||||
15 | 2009, the Department of Healthcare and Family Services | ||||||
16 | (formerly Department of Public Aid) makes changes in its | ||||||
17 | rules
that
reduce the hospital inpatient or outpatient | ||||||
18 | payment rates, including adjustment
payment rates, in | ||||||
19 | effect on October 1, 2004, except for hospitals described | ||||||
20 | in
subsection (b) of Section 5A-3 and except for changes in | ||||||
21 | the methodology for calculating outlier payments to | ||||||
22 | hospitals for exceptionally costly stays, so long as those | ||||||
23 | changes do not reduce aggregate
expenditures below the | ||||||
24 | amount expended in State fiscal year 2005 for such
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25 | services; or
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26 | (2.1) For State fiscal years 2009 through 2013, the
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1 | Department of Healthcare and Family Services adopts any | ||||||
2 | administrative rule change to reduce payment rates or | ||||||
3 | alters any payment methodology that reduces any payment | ||||||
4 | rates made to operating hospitals under the approved Title | ||||||
5 | XIX or Title XXI State plan in effect January 1, 2008 | ||||||
6 | except for: | ||||||
7 | (A) any changes for hospitals described in | ||||||
8 | subsection (b) of Section 5A-3; or | ||||||
9 | (B) any rates for payments made under this Article | ||||||
10 | V-A; or | ||||||
11 | (C) any changes proposed in State plan amendment | ||||||
12 | transmittal numbers 08-01, 08-02, 08-04, 08-06, and | ||||||
13 | 08-07; or | ||||||
14 | (3) The payments to hospitals required under Section | ||||||
15 | 5A-12 or Section 5A-12.2 are changed or
are
not eligible | ||||||
16 | for federal matching funds under Title XIX or XXI of the | ||||||
17 | Social
Security Act.
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18 | (b) The assessment imposed by Section 5A-2 shall not take | ||||||
19 | effect or
shall
cease to be imposed if the assessment is | ||||||
20 | determined to be an impermissible
tax under Title XIX
of the | ||||||
21 | Social Security Act. Moneys in the Hospital Provider Fund | ||||||
22 | derived
from assessments imposed prior thereto shall be
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23 | disbursed in accordance with Section 5A-8 to the extent federal | ||||||
24 | financial participation is
not reduced due to the | ||||||
25 | impermissibility of the assessments, and any
remaining
moneys | ||||||
26 | shall be
refunded to hospital providers in proportion to the |
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1 | amounts paid by them.
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2 | (Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07; | ||||||
3 | 95-859, eff. 8-19-08.)
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4 | Section 5-20. The Environmental Protection Act is amended | ||||||
5 | by changing Sections 19.1, 19.3, and 19.4 as follows:
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6 | (415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
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7 | Sec. 19.1. Legislative findings. The General Assembly | ||||||
8 | finds:
| ||||||
9 | (a) that local government units require assistance in | ||||||
10 | financing the
construction of wastewater treatment works in | ||||||
11 | order to comply with the
State's program of environmental | ||||||
12 | protection and federally mandated
requirements;
| ||||||
13 | (b) that the federal Water Quality Act of 1987 provides an | ||||||
14 | important
source of grant awards to the State for providing | ||||||
15 | assistance to local
government units through the Water | ||||||
16 | Pollution Control Loan Program;
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17 | (c) that local government units and privately owned | ||||||
18 | community water
supplies require assistance in financing the | ||||||
19 | construction of their public
water supplies to comply with | ||||||
20 | State and federal drinking water laws and
regulations;
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21 | (d) that the federal Safe Drinking Water Act ("SDWA"), P.L. | ||||||
22 | 93-523, as now or hereafter amended, provides an important | ||||||
23 | source of
capitalization grant awards to the State to provide | ||||||
24 | assistance to local
government units and privately owned |
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1 | community water supplies through the
Public Water Supply Loan | ||||||
2 | Program;
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3 | (e) that violations of State and federal drinking water | ||||||
4 | standards
threaten the public interest, safety, and welfare, | ||||||
5 | which demands that
the Illinois Environmental Protection | ||||||
6 | Agency expeditiously adopt
emergency rules to administer the | ||||||
7 | Public Water Supply Loan Program; and
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8 | (f) that the General Assembly agrees with the conclusions | ||||||
9 | and
recommendations of the "Report to the Illinois General | ||||||
10 | Assembly on the Issue
of Expanding Public Water Supply Loan | ||||||
11 | Eligibility to Privately Owned Community
Water Supplies", | ||||||
12 | dated August 1998, including the stated access to the Public
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13 | Water Supply Loan Program by the privately owned public water | ||||||
14 | supplies so that
the long term integrity and viability of the | ||||||
15 | corpus of the Fund will be
assured ; and .
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16 | (g) that the American Recovery and Reinvestment Act of 2009 | ||||||
17 | provides a source of capitalization grant awards to the State | ||||||
18 | to provide loans and additional subsidization, including, but | ||||||
19 | not limited to, forgiveness of principal, negative interest | ||||||
20 | loans, and grants, to local government units through the Water | ||||||
21 | Pollution Control Loan Program and to local government units | ||||||
22 | and privately owned community water supplies through the Public | ||||||
23 | Water Supply Loan Program. | ||||||
24 | (Source: P.A. 91-52, eff. 6-30-99; 91-501, eff.
8-13-99; | ||||||
25 | 92-651, eff. 7-11-02.)
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1 | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
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2 | Sec. 19.3. Water Revolving Fund.
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3 | (a) There is hereby created within the State Treasury a | ||||||
4 | Water Revolving
Fund, consisting of 3 interest-bearing special | ||||||
5 | programs to be known as the
Water Pollution Control Loan | ||||||
6 | Program, the Public Water Supply Loan Program, and
the Loan | ||||||
7 | Support Program, which shall be used and administered by the | ||||||
8 | Agency.
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9 | (b) The Water Pollution Control Loan Program shall be used | ||||||
10 | and administered
by the Agency to provide assistance for the | ||||||
11 | following purposes:
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12 | (1) to accept and retain funds from grant awards, | ||||||
13 | appropriations,
transfers, and payments of interest and | ||||||
14 | principal;
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15 | (2) to make direct loans at or below market interest | ||||||
16 | rates to any
eligible local government unit to finance the | ||||||
17 | construction of wastewater
treatments works;
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18 | (2.5) with respect to funds provided under the American | ||||||
19 | Recovery and Reinvestment Act of 2009: | ||||||
20 | (A) to make direct loans at or below market | ||||||
21 | interest rates to any eligible local government unit | ||||||
22 | and to provide additional subsidization to any | ||||||
23 | eligible local government unit, including, but not | ||||||
24 | limited to, forgiveness of principal, negative | ||||||
25 | interest rates, and grants; | ||||||
26 | (B) to make direct loans at or below market |
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1 | interest rates to any eligible local government unit to | ||||||
2 | buy or refinance debt obligations for treatment works | ||||||
3 | incurred on or after October 1, 2008; and | ||||||
4 | (C) to provide additional subsidization, | ||||||
5 | including, but not limited to, forgiveness of | ||||||
6 | principal, negative interest rates, and grants for | ||||||
7 | treatment works incurred on or after October 1, 2008;
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8 | (3) to make direct loans at or below market interest | ||||||
9 | rates to any
eligible local government unit to buy or | ||||||
10 | refinance debt obligations for
treatment works incurred | ||||||
11 | after March 7, 1985;
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12 | (3.5) to make direct loans at or below market interest | ||||||
13 | rates for the
implementation of a management program | ||||||
14 | established under Section 319 of the
Federal Water | ||||||
15 | Pollution Control Act, as amended;
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16 | (4) to guarantee or purchase insurance for local | ||||||
17 | obligations
where such action would improve credit market | ||||||
18 | access or reduce interest rates;
| ||||||
19 | (5) as a source of revenue or security for the payment | ||||||
20 | of principal and
interest on revenue or general obligation | ||||||
21 | bonds issued by the State or any
political subdivision or | ||||||
22 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
23 | be deposited in the Fund;
| ||||||
24 | (6) to finance the reasonable costs incurred by the | ||||||
25 | Agency in the
administration of the Fund; and
| ||||||
26 | (7) to transfer funds to the Public Water Supply Loan |
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1 | Program.
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2 | (c) The Loan Support Program shall be used and administered | ||||||
3 | by the Agency
for the following purposes:
| ||||||
4 | (1) to accept and retain funds from grant awards and | ||||||
5 | appropriations;
| ||||||
6 | (2) to finance the reasonable costs incurred by the | ||||||
7 | Agency in the
administration of the Fund, including | ||||||
8 | activities under Title III of this
Act, including the | ||||||
9 | administration of the State
construction grant program;
| ||||||
10 | (3) to transfer funds to the Water Pollution Control | ||||||
11 | Loan
Program and the Public Water Supply Loan Program;
| ||||||
12 | (4) to accept and retain a portion of the loan | ||||||
13 | repayments;
| ||||||
14 | (5) to finance the development of the low interest loan
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15 | program for public water supply projects;
| ||||||
16 | (6) to finance the reasonable costs incurred by the | ||||||
17 | Agency to provide
technical assistance for public water | ||||||
18 | supplies; and
| ||||||
19 | (7) to finance the reasonable costs incurred by the | ||||||
20 | Agency for
public water system supervision programs, to | ||||||
21 | administer or provide for
technical assistance through | ||||||
22 | source water protection programs, to develop and
implement | ||||||
23 | a capacity development strategy, to delineate and assess | ||||||
24 | source water
protection areas, and for an operator | ||||||
25 | certification program in accordance with
Section 1452 of | ||||||
26 | the federal Safe Drinking Water Act.
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1 | (d) The Public Water Supply Loan Program shall be used and | ||||||
2 | administered by
the Agency to provide assistance to local | ||||||
3 | government units and privately owned
community water supplies | ||||||
4 | for public water
supplies for the following public purposes:
| ||||||
5 | (1) to accept and retain funds from grant awards, | ||||||
6 | appropriations,
transfers, and payments of interest and | ||||||
7 | principal;
| ||||||
8 | (2) to make direct loans at or below market interest | ||||||
9 | rates to any eligible
local government unit or to any | ||||||
10 | eligible privately owned community water supply
to finance | ||||||
11 | the construction of water supplies;
| ||||||
12 | (2.5) with respect to funds provided under the American | ||||||
13 | Recovery and Reinvestment Act of 2009: | ||||||
14 | (A) to make direct loans at or below market | ||||||
15 | interest rates to any eligible local government unit or | ||||||
16 | to any eligible privately owned community water | ||||||
17 | supply, and to provide additional subsidization to any | ||||||
18 | eligible local government unit or to any eligible | ||||||
19 | privately owned community water supply, including, but | ||||||
20 | not limited to, forgiveness of principal, negative | ||||||
21 | interest rates, and grants; | ||||||
22 | (B) to buy or refinance the debt obligation of a | ||||||
23 | local government unit for costs incurred on or after | ||||||
24 | October 1, 2008; and
| ||||||
25 | (C) to provide additional subsidization, | ||||||
26 | including, but not limited to, forgiveness of |
| |||||||
| |||||||
1 | principal, negative interest rates, and grants for a | ||||||
2 | local government unit for costs incurred on or after | ||||||
3 | October 1, 2008;
| ||||||
4 | (3) to buy or refinance the debt obligation of a local | ||||||
5 | government unit for
costs incurred on or after July 17, | ||||||
6 | 1997;
| ||||||
7 | (4) to guarantee local obligations where such action | ||||||
8 | would improve credit
market access or reduce interest | ||||||
9 | rates;
| ||||||
10 | (5) as a source of revenue or security for the payment | ||||||
11 | of principal and
interest on revenue or general obligation | ||||||
12 | bonds issued by the State or any
political subdivision or | ||||||
13 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
14 | be deposited into the Fund; and
| ||||||
15 | (6) to transfer funds to the Water Pollution Control | ||||||
16 | Loan Program.
| ||||||
17 | (e) The Agency is designated as the administering agency of | ||||||
18 | the Fund.
The Agency shall submit to the Regional Administrator | ||||||
19 | of the United States
Environmental Protection Agency an | ||||||
20 | intended use plan which outlines the
proposed use of funds | ||||||
21 | available to the State. The Agency shall take all
actions | ||||||
22 | necessary to secure to the State the benefits of the federal
| ||||||
23 | Water Pollution Control Act and the federal Safe Drinking Water | ||||||
24 | Act, as now
or hereafter amended.
| ||||||
25 | (f) The Agency shall have the power to enter into | ||||||
26 | intergovernmental
agreements with the federal government or |
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| |||||||
1 | the State, or any instrumentality
thereof, for purposes of | ||||||
2 | capitalizing the Water Revolving Fund.
Moneys on deposit in the | ||||||
3 | Water Revolving Fund may be used for the
creation of reserve | ||||||
4 | funds or pledged funds that secure the obligations
of repayment | ||||||
5 | of loans made pursuant to this Section. For the purpose
of | ||||||
6 | obtaining capital for deposit into the Water Revolving Fund, | ||||||
7 | the
Agency may also enter into agreements with financial | ||||||
8 | institutions and other
persons for the purpose of selling loans | ||||||
9 | and developing a secondary market
for such loans. The Agency | ||||||
10 | shall have the power to create and establish such
reserve funds | ||||||
11 | and accounts as may be necessary or desirable to accomplish its
| ||||||
12 | purposes under this subsection and to allocate its available | ||||||
13 | moneys into such
funds and accounts. Investment earnings on | ||||||
14 | moneys held in the Water Revolving
Fund, including any reserve | ||||||
15 | fund or pledged fund, shall be deposited into the
Water | ||||||
16 | Revolving Fund.
| ||||||
17 | (Source: P.A. 92-16, 6-28-01; 93-170, eff. 7-10-03.)
| ||||||
18 | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
| ||||||
19 | Sec. 19.4. Regulations; priorities.
| ||||||
20 | (a) The Agency shall have the authority to promulgate
| ||||||
21 | regulations to set forth procedures and criteria concerning | ||||||
22 | loan
applications. For units of local government, the | ||||||
23 | regulations shall
include, but need not be limited to, the | ||||||
24 | following elements:
| ||||||
25 | (1) loan application requirements;
|
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| |||||||
1 | (2) determination of credit worthiness of the loan | ||||||
2 | applicant;
| ||||||
3 | (3) special loan terms, as necessary, for securing the | ||||||
4 | repayment of the
loan;
| ||||||
5 | (4) assurance of payment;
| ||||||
6 | (5) interest rates;
| ||||||
7 | (6) loan support rates;
| ||||||
8 | (7) impact on user charges;
| ||||||
9 | (8) eligibility of proposed construction;
| ||||||
10 | (9) priority of needs;
| ||||||
11 | (10) special loan terms for disadvantaged communities;
| ||||||
12 | (11) maximum limits on annual distributions of funds to | ||||||
13 | applicants
or groups of applicants;
| ||||||
14 | (12) penalties for noncompliance with loan | ||||||
15 | requirements and conditions,
including stop-work orders, | ||||||
16 | termination, and recovery of loan funds; and
| ||||||
17 | (13) indemnification of the State of Illinois and the | ||||||
18 | Agency by the loan
recipient.
| ||||||
19 | (b) The Agency shall have the authority to promulgate | ||||||
20 | regulations to set
forth procedures and criteria concerning | ||||||
21 | loan applications for loan recipients
other than units of local | ||||||
22 | government. In addition to all of the elements
required for | ||||||
23 | units of local government under subsection (a), the regulations
| ||||||
24 | shall include, but need not be limited to, the following | ||||||
25 | elements:
| ||||||
26 | (1) types of security required for the loan;
|
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| |||||||
1 | (2) types of collateral, as necessary, that can be | ||||||
2 | pledged for the loan;
and
| ||||||
3 | (3) staged access to fund privately owned community | ||||||
4 | water supplies.
| ||||||
5 | (c) The Agency shall develop and maintain a priority list | ||||||
6 | of loan
applicants as categorized by need.
Priority in making | ||||||
7 | loans from the Public Water Supply Loan Program must first
be | ||||||
8 | given to local government units and privately owned community | ||||||
9 | water supplies
that need to make capital improvements to
| ||||||
10 | protect human health and to achieve compliance with the State | ||||||
11 | and federal
primary drinking water standards adopted pursuant | ||||||
12 | to this Act and the federal
Safe Drinking Water Act, as now and | ||||||
13 | hereafter amended.
| ||||||
14 | (d) The Agency shall have the authority to promulgate | ||||||
15 | regulations to set forth procedures and criteria concerning | ||||||
16 | loan applications for funds provided under the American | ||||||
17 | Recovery and Reinvestment Act of 2009. In addition, due to time | ||||||
18 | constraints in the American Recovery and Reinvestment Act of | ||||||
19 | 2009, the Agency shall adopt emergency rules as necessary to | ||||||
20 | allow the timely administration of funds provided under the | ||||||
21 | American Recovery and Reinvestment Act of 2009. Emergency rules | ||||||
22 | adopted under this subsection (d) shall be adopted in | ||||||
23 | accordance with Section 5-45 of the Illinois Administrative | ||||||
24 | Procedure Act. | ||||||
25 | (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, | ||||||
26 | eff. 8-13-99; 92-16, eff. 6-28-01.)
|
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1 | ARTICLE 10. RTA CLEAN/GREEN VEHICLES | ||||||
2 | Section 10-5. The Regional Transportation Authority Act is | ||||||
3 | amended by adding Section 2.32 as follows:
| ||||||
4 | (70 ILCS 3615/2.32 new)
| ||||||
5 | Sec. 2.32. Clean/green vehicles. Any vehicles purchased | ||||||
6 | from funds made available to the Authority from the | ||||||
7 | Transportation Bond, Series B Fund must incorporate | ||||||
8 | clean/green technologies and alternative fuel technologies, to | ||||||
9 | the extent practical.
| ||||||
10 | ARTICLE 99. EFFECTIVE DATE
| ||||||
11 | Section 99-99. Effective date. This Act takes effect upon | ||||||
12 |