Bill Text: IL SB0550 | 2015-2016 | 99th General Assembly | Enrolled
Bill Title: Amends the Illinois Nuclear Facility Safety Act. Makes a technical change in a Section on legislative findings.
Spectrum: Partisan Bill (Democrat 46-0)
Status: (Enrolled - Dead) 2017-01-11 - Sent to the Governor [SB0550 Detail]
Download: Illinois-2015-SB0550-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning safety.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Municipal Code is amended by adding | ||||||
5 | Division 150.1 to Article 11 as follows:
| ||||||
6 | (65 ILCS 5/Art. 11 Div. 150.1 heading new) | ||||||
7 | DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE | ||||||
8 | (65 ILCS 5/11-150.1-1 new) | ||||||
9 | Sec. 11-150.1-1. Lead hazard cost recovery fee. The | ||||||
10 | corporate authorities of any municipality that operates a | ||||||
11 | waterworks system and that incurs reasonable costs to comply | ||||||
12 | with Section 35.5 of the Illinois Plumbing License Law shall | ||||||
13 | have the authority, by ordinance, to collect a fair and | ||||||
14 | reasonable fee from users of the system in order to recover | ||||||
15 | those reasonable costs. Fees collected pursuant to this Section | ||||||
16 | shall be used exclusively for the purpose of complying with | ||||||
17 | Section 35.5 of the Illinois Plumbing License Law.
| ||||||
18 | Section 10. The School Code is amended by changing Sections | ||||||
19 | 17-2.11 and 17-2A as follows:
| ||||||
20 | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) |
| |||||||
| |||||||
1 | Sec. 17-2.11. School board power to levy a tax or to borrow | ||||||
2 | money and
issue bonds for fire prevention, safety, energy | ||||||
3 | conservation,
accessibility, school security, and specified | ||||||
4 | repair purposes. | ||||||
5 | (a) Whenever, as a
result of any lawful order of any | ||||||
6 | agency,
other than a school board, having authority to enforce | ||||||
7 | any school building code
applicable to any facility that houses | ||||||
8 | students, or any law or regulation for
the protection and | ||||||
9 | safety of the environment, pursuant to the Environmental
| ||||||
10 | Protection Act, any school district having a population of less | ||||||
11 | than 500,000
inhabitants is required to alter or reconstruct | ||||||
12 | any school building or
permanent, fixed equipment; the district | ||||||
13 | may, by proper resolution, levy a tax for the purpose of making | ||||||
14 | such alteration or reconstruction, based on a survey report by | ||||||
15 | an architect or engineer licensed in this State, upon all of | ||||||
16 | the taxable property of the district at the value as assessed | ||||||
17 | by the Department of Revenue and at a rate not to exceed 0.05% | ||||||
18 | per year for a period sufficient to finance such alteration or | ||||||
19 | reconstruction, upon the following conditions: | ||||||
20 | (1) When there are not sufficient funds available in | ||||||
21 | the operations and maintenance fund of the school district, | ||||||
22 | the school facility occupation tax fund of the district, or | ||||||
23 | the fire prevention and safety fund of the district, as | ||||||
24 | determined by the district on the basis of rules adopted by | ||||||
25 | the State Board of Education, to make such alteration or | ||||||
26 | reconstruction or to purchase and install such permanent, |
| |||||||
| |||||||
1 | fixed equipment so ordered or determined as necessary. | ||||||
2 | Appropriate school district records must be made available | ||||||
3 | to the State Superintendent of Education, upon request, to | ||||||
4 | confirm this insufficiency. | ||||||
5 | (2) When a certified estimate of an architect or | ||||||
6 | engineer licensed in this State stating the estimated | ||||||
7 | amount necessary to make the alteration or reconstruction | ||||||
8 | or to purchase and install the equipment so ordered has | ||||||
9 | been secured by the school district, and the estimate has | ||||||
10 | been approved by the regional superintendent of schools | ||||||
11 | having jurisdiction over the district and the State | ||||||
12 | Superintendent of Education. Approval must not be granted | ||||||
13 | for any work that has already started without the prior | ||||||
14 | express authorization of the State Superintendent of | ||||||
15 | Education. If the estimate is not approved or is denied | ||||||
16 | approval by the regional superintendent of schools within 3 | ||||||
17 | months after the date on which it is submitted to him or | ||||||
18 | her, the school board of the district may submit the | ||||||
19 | estimate directly to the State Superintendent of Education | ||||||
20 | for approval or denial. | ||||||
21 | In the case of an emergency situation, where the estimated | ||||||
22 | cost to effectuate emergency repairs is less than the amount | ||||||
23 | specified in Section 10-20.21 of this Code, the school district | ||||||
24 | may proceed with such repairs prior to approval by the State | ||||||
25 | Superintendent of Education, but shall comply with the | ||||||
26 | provisions of subdivision (2) of this subsection (a) as soon |
| |||||||
| |||||||
1 | thereafter as may be as well as Section 10-20.21 of this Code. | ||||||
2 | If the estimated cost to effectuate emergency repairs is | ||||||
3 | greater than the amount specified in Section 10-20.21 of this | ||||||
4 | Code, then the school district shall proceed in conformity with | ||||||
5 | Section 10-20.21 of this Code and with rules established by the | ||||||
6 | State Board of Education to address such situations. The rules | ||||||
7 | adopted by the State Board of Education to deal with these | ||||||
8 | situations shall stipulate that emergency situations must be | ||||||
9 | expedited and given priority consideration. For purposes of | ||||||
10 | this paragraph, an emergency is a situation that presents an | ||||||
11 | imminent and continuing threat to the health and safety of | ||||||
12 | students or other occupants of a facility, requires complete or | ||||||
13 | partial evacuation of a building or part of a building, or | ||||||
14 | consumes one or more of the 5 emergency days built into the | ||||||
15 | adopted calendar of the school or schools or would otherwise be | ||||||
16 | expected to cause such school or schools to fall short of the | ||||||
17 | minimum school calendar requirements. | ||||||
18 | (b) Whenever any such district determines that
it is | ||||||
19 | necessary for energy conservation purposes that any school | ||||||
20 | building
or permanent, fixed equipment should be altered or | ||||||
21 | reconstructed and
that such alterations or reconstruction will | ||||||
22 | be made with funds not necessary
for the completion of approved | ||||||
23 | and recommended projects contained in any safety
survey report | ||||||
24 | or amendments thereto authorized by Section 2-3.12 of this Act; | ||||||
25 | the district may levy a tax or issue bonds as provided in | ||||||
26 | subsection (a) of this Section. |
| |||||||
| |||||||
1 | (c) Whenever
any such district determines that it is | ||||||
2 | necessary for accessibility purposes and to comply with the | ||||||
3 | school building
code that any
school building or equipment | ||||||
4 | should be altered or reconstructed and that such
alterations or | ||||||
5 | reconstruction will be made with
funds not necessary for the | ||||||
6 | completion of approved and recommended projects
contained in | ||||||
7 | any safety survey report or amendments thereto authorized under
| ||||||
8 | Section 2-3.12 of this Act, the district may levy a tax or | ||||||
9 | issue bonds as provided in subsection (a) of this Section. | ||||||
10 | (d) Whenever any such district determines that it is
| ||||||
11 | necessary for school
security purposes and the related | ||||||
12 | protection and safety of pupils and school
personnel that any | ||||||
13 | school building or property should be altered or
reconstructed | ||||||
14 | or that security systems and equipment (including but not | ||||||
15 | limited
to intercom, early detection and warning, access | ||||||
16 | control and television
monitoring systems) should be purchased | ||||||
17 | and installed, and that such
alterations, reconstruction or | ||||||
18 | purchase and installation of equipment will be
made with funds | ||||||
19 | not necessary for the completion of approved and recommended
| ||||||
20 | projects contained in any safety survey report or amendment | ||||||
21 | thereto authorized
by Section 2-3.12 of this Act and will deter | ||||||
22 | and prevent unauthorized entry or
activities upon school | ||||||
23 | property by unknown or dangerous persons, assure early
| ||||||
24 | detection and advance warning of any such actual or attempted | ||||||
25 | unauthorized
entry or activities and help assure the continued | ||||||
26 | safety of pupils and school
staff if any such unauthorized |
| |||||||
| |||||||
1 | entry or activity is attempted or occurs;
the district may levy | ||||||
2 | a tax or issue bonds as provided in subsection (a) of this | ||||||
3 | Section. | ||||||
4 | (e) If a school district does not need funds for other fire | ||||||
5 | prevention and
safety projects, including the completion of | ||||||
6 | approved and recommended projects
contained in any safety | ||||||
7 | survey report or amendments thereto authorized by
Section | ||||||
8 | 2-3.12 of this Act, and it is determined after a public hearing | ||||||
9 | (which
is preceded by at least one published notice (i) | ||||||
10 | occurring at least 7 days
prior to the hearing in a newspaper | ||||||
11 | of general circulation within the school
district and (ii) | ||||||
12 | setting forth the time, date, place, and general subject
matter | ||||||
13 | of the hearing) that there is a
substantial, immediate, and | ||||||
14 | otherwise unavoidable threat to the health, safety,
or welfare | ||||||
15 | of pupils due to disrepair of school sidewalks, playgrounds, | ||||||
16 | parking
lots, or school bus turnarounds and repairs must be | ||||||
17 | made; then the district may levy a tax or issue bonds as | ||||||
18 | provided in subsection (a) of this Section. | ||||||
19 | (f) For purposes of this Section a school district may | ||||||
20 | replace a school
building or build additions to replace | ||||||
21 | portions of a building when it is
determined that the | ||||||
22 | effectuation of the recommendations for the existing
building | ||||||
23 | will cost more than the replacement costs. Such determination | ||||||
24 | shall
be based on a comparison of estimated costs made by an | ||||||
25 | architect or engineer
licensed in the State of Illinois. The | ||||||
26 | new building or addition shall be
equivalent in area (square |
| |||||||
| |||||||
1 | feet) and comparable in purpose and grades served
and may be on | ||||||
2 | the same site or another site. Such replacement may only be | ||||||
3 | done
upon order of the regional superintendent of schools and | ||||||
4 | the approval of the
State Superintendent of Education. | ||||||
5 | (g) The filing of a certified copy of the resolution | ||||||
6 | levying the tax when
accompanied by the certificates of the | ||||||
7 | regional superintendent of schools and
State Superintendent of | ||||||
8 | Education shall be the authority of the county clerk to
extend | ||||||
9 | such tax. | ||||||
10 | (h) The county clerk of the county in which any school | ||||||
11 | district levying a
tax under the authority of this Section is | ||||||
12 | located, in reducing raised
levies, shall not consider any such | ||||||
13 | tax as a part of the general levy
for school purposes and shall | ||||||
14 | not include the same in the limitation of
any other tax rate | ||||||
15 | which may be extended. | ||||||
16 | Such tax shall be levied and collected in like manner as | ||||||
17 | all other
taxes of school districts, subject to the provisions | ||||||
18 | contained in this Section. | ||||||
19 | (i) The tax rate limit specified in this Section may be | ||||||
20 | increased to .10%
upon the approval of a proposition to effect | ||||||
21 | such increase by a majority
of the electors voting on that | ||||||
22 | proposition at a regular scheduled election.
Such proposition | ||||||
23 | may be initiated by resolution of the school board and
shall be | ||||||
24 | certified by the secretary to the proper election authorities | ||||||
25 | for
submission in accordance with the general election law. | ||||||
26 | (j) When taxes are levied by any school district for fire |
| |||||||
| |||||||
1 | prevention,
safety, energy conservation, and school security | ||||||
2 | purposes as specified in this
Section, and the purposes for | ||||||
3 | which the taxes have been
levied are accomplished and paid in | ||||||
4 | full, and there remain funds on hand in
the Fire Prevention and | ||||||
5 | Safety Fund from the proceeds of the taxes levied,
including | ||||||
6 | interest earnings thereon, the school board by resolution shall | ||||||
7 | use
such excess and other board restricted funds, excluding | ||||||
8 | bond proceeds and
earnings from such proceeds, as follows: | ||||||
9 | (1) for other authorized fire prevention,
safety, | ||||||
10 | energy conservation, required safety inspections, and | ||||||
11 | school security purposes , sampling for lead in drinking | ||||||
12 | water in schools, and for repair and mitigation due to lead | ||||||
13 | levels in the drinking water supply and for required safety | ||||||
14 | inspections ;
or | ||||||
15 | (2) for transfer to the Operations and Maintenance Fund
| ||||||
16 | for the purpose of abating an equal amount of operations | ||||||
17 | and maintenance
purposes taxes. | ||||||
18 | Notwithstanding subdivision (2) of this subsection (j) and | ||||||
19 | subsection (k) of this Section, through June 30, 2019, the | ||||||
20 | school board
may, by proper resolution following a public | ||||||
21 | hearing set by the
school board or the president of the school | ||||||
22 | board (that is
preceded (i) by at least one published notice | ||||||
23 | over the name of
the clerk or secretary of the board, occurring | ||||||
24 | at least 7 days
and not more than 30 days prior to the hearing, | ||||||
25 | in a newspaper
of general circulation within the school | ||||||
26 | district and (ii) by
posted notice over the name of the clerk |
| |||||||
| |||||||
1 | or secretary of the
board, at least 48 hours before the | ||||||
2 | hearing, at the principal
office of the school board or at the | ||||||
3 | building where the hearing
is to be held if a principal office | ||||||
4 | does not exist, with both
notices setting forth the time, date, | ||||||
5 | place, and subject matter
of the hearing), transfer surplus | ||||||
6 | life safety taxes and interest earnings thereon to the | ||||||
7 | Operations and Maintenance Fund for building repair work. | ||||||
8 | (k) If any transfer is made to the Operation and | ||||||
9 | Maintenance
Fund, the secretary of the school board shall | ||||||
10 | within 30 days notify
the county clerk of the amount of that | ||||||
11 | transfer and direct the clerk to
abate the taxes to be extended | ||||||
12 | for the purposes of operations and
maintenance authorized under | ||||||
13 | Section 17-2 of this Act by an amount equal
to such transfer. | ||||||
14 | (l) If the proceeds from the tax levy authorized by this
| ||||||
15 | Section are insufficient to complete the work approved under | ||||||
16 | this
Section, the school board is authorized to sell bonds | ||||||
17 | without referendum
under the provisions of this Section in an | ||||||
18 | amount that, when added to the
proceeds of the tax levy | ||||||
19 | authorized by this Section, will allow completion
of the | ||||||
20 | approved work. | ||||||
21 | (m) Any bonds issued pursuant to this Section shall bear | ||||||
22 | interest at a rate not to exceed the maximum rate
authorized by | ||||||
23 | law at the time of the making of the contract, shall mature
| ||||||
24 | within 20 years from date, and shall be signed by the president | ||||||
25 | of the school
board and the treasurer of the school district. | ||||||
26 | (n) In order to authorize and issue such bonds, the school |
| |||||||
| |||||||
1 | board shall adopt
a resolution fixing the amount of bonds, the | ||||||
2 | date thereof, the maturities
thereof, rates of interest | ||||||
3 | thereof, place of payment and denomination,
which shall be in | ||||||
4 | denominations of not less than $100 and not more than
$5,000, | ||||||
5 | and provide for the levy and collection of a direct annual tax | ||||||
6 | upon
all the taxable property in the school district sufficient | ||||||
7 | to pay the
principal and interest on such bonds to maturity. | ||||||
8 | Upon the filing in the
office of the county clerk of the county | ||||||
9 | in which the school district is
located of a certified copy of | ||||||
10 | the resolution, it is the duty of the
county clerk to extend | ||||||
11 | the tax therefor in addition to and in excess of all
other | ||||||
12 | taxes heretofore or hereafter authorized to be
levied by such | ||||||
13 | school district. | ||||||
14 | (o) After the time such bonds are issued as provided for by | ||||||
15 | this Section, if
additional alterations or reconstructions are | ||||||
16 | required to be made because
of surveys conducted by an | ||||||
17 | architect or engineer licensed in the State of
Illinois, the | ||||||
18 | district may levy a tax at a rate not to exceed .05% per year
| ||||||
19 | upon all the taxable property of the district or issue | ||||||
20 | additional bonds,
whichever action shall be the most feasible. | ||||||
21 | (p) This Section is cumulative and constitutes complete | ||||||
22 | authority for the
issuance of bonds as provided in this Section | ||||||
23 | notwithstanding any other
statute or law to the contrary. | ||||||
24 | (q) With respect to instruments for the payment of money | ||||||
25 | issued under this
Section either before, on, or after the | ||||||
26 | effective date of Public Act 86-004
(June 6, 1989), it is, and |
| |||||||
| |||||||
1 | always has been, the intention of the General
Assembly (i) that | ||||||
2 | the Omnibus Bond Acts are, and always have been,
supplementary | ||||||
3 | grants of power to issue instruments in accordance with the
| ||||||
4 | Omnibus Bond Acts, regardless of any provision of this Act that | ||||||
5 | may appear
to be or to have been more restrictive than those | ||||||
6 | Acts, (ii) that the
provisions of this Section are not a | ||||||
7 | limitation on the supplementary
authority granted by the | ||||||
8 | Omnibus Bond Acts, and (iii) that instruments
issued under this | ||||||
9 | Section within the supplementary authority granted by the
| ||||||
10 | Omnibus Bond Acts are not invalid because of any provision of | ||||||
11 | this Act that
may appear to be or to have been more restrictive | ||||||
12 | than those Acts. | ||||||
13 | (r) When the purposes for which the bonds are issued have | ||||||
14 | been accomplished
and paid for in full and there remain funds | ||||||
15 | on hand from the proceeds of
the bond sale and interest | ||||||
16 | earnings therefrom, the board shall, by
resolution, use such | ||||||
17 | excess funds in accordance with the provisions of
Section | ||||||
18 | 10-22.14 of this Act. | ||||||
19 | (s) Whenever any tax is levied or bonds issued for fire | ||||||
20 | prevention, safety,
energy conservation, and school security | ||||||
21 | purposes, such proceeds shall be
deposited and accounted for | ||||||
22 | separately within the Fire Prevention and Safety
Fund. | ||||||
23 | (Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; | ||||||
24 | 99-143, eff. 7-27-15; 99-713, eff. 8-5-16.)
| ||||||
25 | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
|
| |||||||
| |||||||
1 | Sec. 17-2A. Interfund transfers. | ||||||
2 | (a) The school board of any district having a population of | ||||||
3 | less than
500,000 inhabitants may, by proper resolution | ||||||
4 | following a public hearing
set by the school board or the | ||||||
5 | president of the school board
(that is preceded (i) by at least | ||||||
6 | one published notice over the name of
the clerk
or secretary of | ||||||
7 | the board, occurring at least 7 days and not more than 30
days
| ||||||
8 | prior to the hearing, in a newspaper of general circulation | ||||||
9 | within the
school
district and (ii) by posted notice over the | ||||||
10 | name of the clerk or secretary of
the board, at least 48 hours | ||||||
11 | before the hearing, at the principal office of the
school board | ||||||
12 | or at the building where the hearing is to be held if a | ||||||
13 | principal
office does not exist, with both notices setting | ||||||
14 | forth the time, date, place,
and subject matter of the
| ||||||
15 | hearing), transfer money from (1) the Educational Fund to the | ||||||
16 | Operations
and
Maintenance Fund or the Transportation Fund, (2) | ||||||
17 | the Operations and
Maintenance Fund to the Educational Fund or | ||||||
18 | the Transportation Fund, or (3) the
Transportation Fund to the | ||||||
19 | Educational Fund or the Operations and Maintenance
Fund , or (4) | ||||||
20 | the Tort Immunity Fund to the Operations and Maintenance Fund | ||||||
21 | of said
district,
provided that, except during the period from | ||||||
22 | July 1, 2003 through June 30, 2019, such transfer is made | ||||||
23 | solely for the purpose of meeting one-time,
non-recurring | ||||||
24 | expenses. Except during the period from July 1, 2003 through
| ||||||
25 | June 30, 2019 and except as otherwise provided in subsection | ||||||
26 | (b) of this Section, any other permanent interfund transfers |
| |||||||
| |||||||
1 | authorized
by any provision or judicial interpretation of this | ||||||
2 | Code for which the
transferee fund is not precisely and | ||||||
3 | specifically set forth in the provision of
this Code | ||||||
4 | authorizing such transfer shall be made to the fund of the | ||||||
5 | school
district most in need of the funds being transferred, as | ||||||
6 | determined by
resolution of the school board. | ||||||
7 | (b) (Blank). Notwithstanding subsection (a) of this | ||||||
8 | Section or any
other provision of this Code to the contrary, | ||||||
9 | the school board
of any school district (i) that is subject to | ||||||
10 | the Property Tax
Extension Limitation Law, (ii) that has a | ||||||
11 | population of less
than 500,000 inhabitants, (iii) that is | ||||||
12 | levying at its maximum
tax rate, (iv) whose total equalized | ||||||
13 | assessed valuation has
declined 20% in the prior 2 years, (v) | ||||||
14 | in which 80% or more
of its students receive free or | ||||||
15 | reduced-price lunch, and (vi) that had an equalized assessed | ||||||
16 | valuation of less than $207 million but more than $203 million | ||||||
17 | in the 2011 levy year may annually, until July 1, 2016, | ||||||
18 | transfer money from any fund of the district, other than the | ||||||
19 | Illinois Municipal Retirement Fund and the Bonds and Interest | ||||||
20 | Fund, to the educational fund, the operations and maintenance | ||||||
21 | fund, or the transportation fund of the district by proper | ||||||
22 | resolution following a public hearing set by the school board | ||||||
23 | or the president of the school board, with notice as provided | ||||||
24 | in subsection (a) of this Section, so long as the district | ||||||
25 | meets the qualifications set forth in this subsection (b) on | ||||||
26 | the effective date of this amendatory Act of the 98th General |
| |||||||
| |||||||
1 | Assembly even if the district does not meet those | ||||||
2 | qualifications at the time a given transfer is made.
| ||||||
3 | (Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713, | ||||||
4 | eff. 8-5-16.)
| ||||||
5 | Section 15. The Public Utilities Act is amended by adding | ||||||
6 | Section 9-246 as follows:
| ||||||
7 | (220 ILCS 5/9-246 new) | ||||||
8 | Sec. 9-246. Rates; lead hazard cost recovery by | ||||||
9 | investor-owned water utilities. In determining the rates for an | ||||||
10 | investor-owned public utility engaged in providing water | ||||||
11 | service, the Commission shall allow the utility to recover | ||||||
12 | annually any reasonable costs incurred by the utility to comply | ||||||
13 | with Section 35.5 of the Illinois Plumbing License Law.
| ||||||
14 | Section 20. The Child Care Act of 1969 is amended by adding | ||||||
15 | Section 5.9 as follows:
| ||||||
16 | (225 ILCS 10/5.9 new) | ||||||
17 | Sec. 5.9. Lead testing of water in licensed day care | ||||||
18 | centers, day care homes and group day care homes. | ||||||
19 | (a) On or before January 1, 2018, the Department, in | ||||||
20 | consultation with the Department of Public Health, shall adopt | ||||||
21 | rules that prescribe the procedures and standards to be used by | ||||||
22 | the Department in assessing levels of lead in water in licensed |
| |||||||
| |||||||
1 | day care centers, day care homes, and group day care homes | ||||||
2 | constructed on or before January 1, 2000 that serve children | ||||||
3 | under the age of 6. Such rules shall, at a minimum, include | ||||||
4 | provisions regarding testing parameters, the notification of | ||||||
5 | sampling results, training requirements for lead exposure and | ||||||
6 | mitigation. | ||||||
7 | (b) After adoption of the rules required by subsection (a), | ||||||
8 | and as part of an initial application or application for | ||||||
9 | renewal of a license for day care centers, day care homes, and | ||||||
10 | group day care homes, the Department shall require proof that | ||||||
11 | the applicant has complied with all such rules.
| ||||||
12 | Section 25. The Illinois Plumbing License Law is amended by | ||||||
13 | adding Section 35.5 as follows:
| ||||||
14 | (225 ILCS 320/35.5 new) | ||||||
15 | Sec. 35.5. Lead in drinking water prevention. | ||||||
16 | (a) The General Assembly finds that lead has been detected | ||||||
17 | in the drinking water of schools in this State. The General | ||||||
18 | Assembly also finds that infants and young children may suffer | ||||||
19 | adverse health effects and developmental delays as a result of | ||||||
20 | exposure to even low levels of lead. The General Assembly | ||||||
21 | further finds that it is in the best interests of the people of | ||||||
22 | the State to require school districts or chief school | ||||||
23 | administrators, or the designee of the school district or chief | ||||||
24 | school administrator, to test for lead in drinking water in |
| |||||||
| |||||||
1 | school buildings and provide written notification of the test | ||||||
2 | results. | ||||||
3 | The purpose of this Section is to require (i) school | ||||||
4 | districts or chief school administrators, or the designees of | ||||||
5 | the school districts or chief school administrators, to test | ||||||
6 | for lead with the goal of providing school building occupants | ||||||
7 | with an adequate supply of safe, potable water; and (ii) school | ||||||
8 | districts or chief school administrators, or the designees of | ||||||
9 | the school districts or chief school administrators, to notify | ||||||
10 | the parents and legal guardians of enrolled students of the | ||||||
11 | sampling results from their respective school buildings. | ||||||
12 | (b) For the purposes of this Section: | ||||||
13 | "Community water system" has the meaning provided in 35 | ||||||
14 | Ill. Adm. Code 611.101. | ||||||
15 | "School building" means any facility or portion thereof | ||||||
16 | that was constructed on or before January 1, 2000 and may be | ||||||
17 | occupied by more than 10 children or students, pre-kindergarten | ||||||
18 | through grade 5, under the control of (a) a school district or | ||||||
19 | (b) a public, private, charter, or nonpublic day or residential | ||||||
20 | educational institution. | ||||||
21 | "Source of potable water" means the point at which | ||||||
22 | non-bottled water that may be ingested by children or used for | ||||||
23 | food preparation exits any tap, faucet, drinking fountain, wash | ||||||
24 | basin in a classroom occupied by children or students under | ||||||
25 | grade 1, or similar point of use; provided, however, that all | ||||||
26 | (a) bathroom sinks and (b) wash basins used by janitorial staff |
| |||||||
| |||||||
1 | are excluded from this definition. | ||||||
2 | (c) Each school district or chief school administrator, or | ||||||
3 | the designee of each school district or chief school | ||||||
4 | administrator, shall test each source of potable water in a | ||||||
5 | school building for lead contamination as required in this | ||||||
6 | subsection. | ||||||
7 | (1) Each school district or chief school | ||||||
8 | administrator, or the designee of each school district or | ||||||
9 | chief school administrator, shall, at a minimum, (a) | ||||||
10 | collect a first-draw 250 milliliter sample of water, (b) | ||||||
11 | flush for 30 seconds, and (c) collect a second-draw 250 | ||||||
12 | milliliter sample from each source of potable water located | ||||||
13 | at each corresponding school building; provided, however, | ||||||
14 | that to the extent that multiple sources of potable water | ||||||
15 | utilize the same drain, (i) the foregoing collection | ||||||
16 | protocol is required for one such source of potable water, | ||||||
17 | and (ii) only a first-draw 250 milliliter sample of water | ||||||
18 | is required from the remaining such sources of potable | ||||||
19 | water. The water corresponding to the first-draw 250 | ||||||
20 | milliliter sample from each source of potable water shall | ||||||
21 | have been standing in the plumbing pipes for at least 8 | ||||||
22 | hours, but not more than 18 hours, without any flushing of | ||||||
23 | the source of potable water before sample collection. | ||||||
24 | (2) Each school district or chief school | ||||||
25 | administrator, or the designee of each school district or | ||||||
26 | chief school administrator, shall submit or cause to be |
| |||||||
| |||||||
1 | submitted (A) the samples to an Illinois Environmental | ||||||
2 | Protection Agency-accredited laboratory for analysis for | ||||||
3 | lead in accordance with the instructions supplied by an | ||||||
4 | Illinois Environmental Protection Agency-accredited | ||||||
5 | laboratory and (B) the written sampling results to the | ||||||
6 | Department within 7 business days of receipt of the | ||||||
7 | results. | ||||||
8 | (3) If any of the samples taken in the school exceed 5 | ||||||
9 | parts per billion, the school district or chief school | ||||||
10 | administrator, or the designee of the school district or | ||||||
11 | chief school administrator, shall promptly provide an | ||||||
12 | individual notification of the sampling results, via | ||||||
13 | written or electronic communication, to the parents or | ||||||
14 | legal guardians of all enrolled students and include the | ||||||
15 | following information: the corresponding sampling location | ||||||
16 | within the school building and the United States | ||||||
17 | Environmental Protection Agency's website for information | ||||||
18 | about lead in drinking water. If any of the samples taken | ||||||
19 | at the school are at or below 5 parts per billion, | ||||||
20 | notification may be made as provided in this paragraph or | ||||||
21 | by posting on the school's website. | ||||||
22 | (4) Sampling and analysis required under this Section | ||||||
23 | shall be completed by the following applicable deadlines: | ||||||
24 | for school buildings constructed prior to January 1, 1987, | ||||||
25 | by December 31, 2017; and for school buildings constructed | ||||||
26 | between January 2, 1987 and January 1, 2000, by December |
| |||||||
| |||||||
1 | 31, 2018. | ||||||
2 | (5) A school district or chief school administrator, or | ||||||
3 | the designee of the school district or chief school | ||||||
4 | administrator, may seek a waiver of the requirements of | ||||||
5 | this subsection from the Department, if (A) the school | ||||||
6 | district or chief school administrator, or the designee of | ||||||
7 | the school district or chief school administrator, | ||||||
8 | collected at least one 250 milliliter or greater sample of | ||||||
9 | water from each source of potable water that had been | ||||||
10 | standing in the plumbing pipes for at least 6 hours and | ||||||
11 | that was collected without flushing the source of potable | ||||||
12 | water before collection, (B) an Illinois Environmental | ||||||
13 | Protection Agency-accredited laboratory analyzed the | ||||||
14 | samples, (C) test results were obtained prior to the | ||||||
15 | effective date of this amendatory Act of the 99th General | ||||||
16 | Assembly, but after January 1, 2013, and (D) test results | ||||||
17 | were submitted to the Department within 120 days of the | ||||||
18 | effective date of this amendatory Act of the 99th General | ||||||
19 | Assembly. | ||||||
20 | (6) The owner or operator of a community water system | ||||||
21 | may agree to pay for the cost of the laboratory analysis of | ||||||
22 | the samples required under this Section and may utilize the | ||||||
23 | lead hazard cost recovery fee under Section 11-150.1-1 of | ||||||
24 | the Illinois Municipal Code or other available funds to | ||||||
25 | defray said costs. | ||||||
26 | (7) Lead sampling results obtained shall not be used |
| |||||||
| |||||||
1 | for purposes of determining compliance with the Board's | ||||||
2 | rules that implement the national primary drinking water | ||||||
3 | regulations for lead and copper. | ||||||
4 | (d) By no later than June 30, 2019, the Department shall | ||||||
5 | determine whether it is necessary and appropriate to protect | ||||||
6 | public health to require schools constructed in whole or in | ||||||
7 | part after January 1, 2000 to conduct testing for lead from | ||||||
8 | sources of potable water, taking into account, among other | ||||||
9 | relevant information, the results of testing conducted | ||||||
10 | pursuant to this Section. | ||||||
11 | (e) Within 90 days of the effective date of this amendatory | ||||||
12 | Act of the 99th General Assembly, the Department shall post on | ||||||
13 | its website guidance on mitigation actions for lead in drinking | ||||||
14 | water, and ongoing water management practices, in schools. In | ||||||
15 | preparing such guidance, the Department may, in part, reference | ||||||
16 | the United States Environmental Protection Agency's 3Ts for | ||||||
17 | Reducing Lead in Drinking Water in Schools.
| ||||||
18 | Section 30. The Environmental Protection Act is amended by | ||||||
19 | changing Section 19.3 and by adding Section 17.11 as follows:
| ||||||
20 | (415 ILCS 5/17.11 new) | ||||||
21 | Sec. 17.11. Lead in drinking water notifications and | ||||||
22 | inventories. | ||||||
23 | (a) The purpose of this Section is to require the owners | ||||||
24 | and operators of community water systems to (i) create a |
| |||||||
| |||||||
1 | comprehensive lead service line inventory; and (ii) provide | ||||||
2 | notice to occupants of potentially affected residences of | ||||||
3 | construction or repair work on water mains, lead service lines, | ||||||
4 | or water meters. | ||||||
5 | (b) For the purposes of this Section: | ||||||
6 | "Community water system" has the meaning provided in 35 | ||||||
7 | Ill. Adm. Code 611.101. | ||||||
8 | "Potentially affected residence" means any residence | ||||||
9 | where water service is or may be temporarily interrupted or | ||||||
10 | shut off by or on behalf of an owner or operator of a | ||||||
11 | community water system because construction or repair work | ||||||
12 | is to be performed by or on behalf of the owner or operator | ||||||
13 | of a community water system on or affecting a water main, | ||||||
14 | service line, or water meter. | ||||||
15 | "Small system" has the meaning provided in 35 Ill. Adm. | ||||||
16 | Code 611.350. | ||||||
17 | (c) The owner or operator of each community water system in | ||||||
18 | the State shall develop a water distribution system material | ||||||
19 | inventory that shall be submitted in written or electronic form | ||||||
20 | to the Agency on an annual basis commencing on April 15, 2018 | ||||||
21 | and continuing on each April 15 thereafter until the water | ||||||
22 | distribution system material inventory is completed. In | ||||||
23 | addition to meeting the requirements for water distribution | ||||||
24 | system material inventories that are mandated by the United | ||||||
25 | States Environmental Protection Agency, each water | ||||||
26 | distribution system material inventory shall identify: |
| |||||||
| |||||||
1 | (1) the total number of service lines within or | ||||||
2 | connected to the distribution system, including privately | ||||||
3 | owned service lines; | ||||||
4 | (2) the number of all known lead service lines within | ||||||
5 | or connected to the distribution system, including | ||||||
6 | privately owned lead service lines; and | ||||||
7 | (3) the number of the lead service lines that were | ||||||
8 | added to the inventory after the previous year's | ||||||
9 | submission. | ||||||
10 | Nothing in this subsection shall be construed to require | ||||||
11 | that service lines be unearthed. | ||||||
12 | (d) Beginning on January 1, 2018, when conducting routine | ||||||
13 | inspections of community water systems as required under this | ||||||
14 | Act, the Agency may conduct a separate audit to identify | ||||||
15 | progress that the community water system has made toward | ||||||
16 | completing the water distribution system material inventories | ||||||
17 | required under subsection (c) of this Section. | ||||||
18 | (e) The owner or operator of the community water system | ||||||
19 | shall provide notice of construction or repair work on a water | ||||||
20 | main service line, or water meter in accordance with the | ||||||
21 | following requirements: | ||||||
22 | (1) At least 14 days prior to beginning planned work to | ||||||
23 | repair or replace any water mains or lead service lines, | ||||||
24 | the owner or operator of a community water system shall | ||||||
25 | notify, through an individual written notice, each | ||||||
26 | potentially affected residence of the planned work. In |
| |||||||
| |||||||
1 | cases where a community water system must perform | ||||||
2 | construction or repair work on an emergency basis or where | ||||||
3 | such work is not scheduled at least 14 days prior to work | ||||||
4 | taking place, the community water system shall notify each | ||||||
5 | potentially affected residence as soon as reasonably | ||||||
6 | possible. When work is to repair or replace a water meter, | ||||||
7 | the notification shall be provided at the time the work is | ||||||
8 | initiated. | ||||||
9 | (2) Such notification shall include, at a minimum: | ||||||
10 | (A) a warning that the work may result in sediment, | ||||||
11 | possibly containing lead, in the residence's water | ||||||
12 | supply; and | ||||||
13 | (B) information concerning best practices for | ||||||
14 | preventing the consumption of any lead in drinking | ||||||
15 | water, including a recommendation to flush water lines | ||||||
16 | during and after the completion of the repair or | ||||||
17 | replacement work and to clean faucet aerator screens; | ||||||
18 | and | ||||||
19 | (C) information regarding the dangers of lead in | ||||||
20 | young children. | ||||||
21 | (3) To the extent that the owner or operator of a | ||||||
22 | community water system serves a significant proportion of | ||||||
23 | non-English speaking consumers, the notification must | ||||||
24 | contain information in the appropriate languages regarding | ||||||
25 | the importance of the notice, and it must contain a | ||||||
26 | telephone number or address where a person served may |
| |||||||
| |||||||
1 | contact the owner or operator of the community water system | ||||||
2 | to obtain a translated copy of the notification or to | ||||||
3 | request assistance in the appropriate language. | ||||||
4 | (4) Notwithstanding anything to the contrary set forth | ||||||
5 | in this Section, to the extent that (a) notification is | ||||||
6 | required for the entire community served by a community | ||||||
7 | water system, (b) notification is required for | ||||||
8 | construction or repairs occurring on an emergency basis, or | ||||||
9 | (c) the community water system is a small system, | ||||||
10 | publication notification, through a local media, social | ||||||
11 | media or other similar means, may be utilized in lieu of an | ||||||
12 | individual written notification. | ||||||
13 | (5) If an owner or operator is required to provide an | ||||||
14 | individual written notification to a residence that is a | ||||||
15 | multidwelling building, posting a written notification on | ||||||
16 | the primary entrance way to the building shall be | ||||||
17 | sufficient. | ||||||
18 | (6) The notification requirements in this subsection | ||||||
19 | (e) do not apply to work performed on water mains that are | ||||||
20 | used to transmit treated water between community water | ||||||
21 | systems and have no service connections. | ||||||
22 | (7) The owner or operator of a community water system | ||||||
23 | may seek a full or partial waiver of the requirements of | ||||||
24 | this subsection from the Agency if (i) the community water | ||||||
25 | system was originally constructed without lead, (ii) the | ||||||
26 | residential structures were constructed under local |
| |||||||
| |||||||
1 | building codes that categorically prohibited lead | ||||||
2 | construction materials or the owner or operator of a | ||||||
3 | community water system certifies that any residential | ||||||
4 | structures requiring notification were constructed without | ||||||
5 | lead, and (iii) no lead sediment is likely to be present | ||||||
6 | within the community water system or residential | ||||||
7 | structures. The owner or operator of a community water | ||||||
8 | system may seek a time-limited or permanent waiver. | ||||||
9 | (8) The owner and operator of a community water system | ||||||
10 | shall not be required to comply with this subsection (e) to | ||||||
11 | the extent that the corresponding water distribution | ||||||
12 | system material inventory has been completed that | ||||||
13 | demonstrates the water distribution system does not | ||||||
14 | contain any lead.
| ||||||
15 | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| ||||||
16 | Sec. 19.3. Water Revolving Fund.
| ||||||
17 | (a) There is hereby created within the State Treasury a | ||||||
18 | Water Revolving
Fund, consisting of 3 interest-bearing special | ||||||
19 | programs to be known as the
Water Pollution Control Loan | ||||||
20 | Program, the Public Water Supply Loan Program, and
the Loan | ||||||
21 | Support Program, which shall be used and administered by the | ||||||
22 | Agency.
| ||||||
23 | (b) The Water Pollution Control Loan Program shall be used | ||||||
24 | and administered
by the Agency to provide assistance for the | ||||||
25 | following purposes:
|
| |||||||
| |||||||
1 | (1) to accept and retain funds from grant awards, | ||||||
2 | appropriations,
transfers, and payments of interest and | ||||||
3 | principal;
| ||||||
4 | (2) to make direct loans at or below market interest | ||||||
5 | rates and to provide additional subsidization, including, | ||||||
6 | but not limited to, forgiveness of principal, negative | ||||||
7 | interest rates, and grants, to any
eligible local | ||||||
8 | government unit to finance the construction of
treatments | ||||||
9 | works, including storm water treatment systems that are | ||||||
10 | treatment works, and projects that fulfill federal State | ||||||
11 | Revolving Fund grant requirements for a green project | ||||||
12 | reserve;
| ||||||
13 | (2.5) with respect to funds provided under the American | ||||||
14 | Recovery and Reinvestment Act of 2009: | ||||||
15 | (A) to make direct loans at or below market | ||||||
16 | interest rates to any eligible local government unit | ||||||
17 | and to provide additional subsidization to any | ||||||
18 | eligible local government unit, including, but not | ||||||
19 | limited to, forgiveness of principal, negative | ||||||
20 | interest rates, and grants; | ||||||
21 | (B) to make direct loans at or below market | ||||||
22 | interest rates to any eligible local government unit to | ||||||
23 | buy or refinance debt obligations for treatment works | ||||||
24 | incurred on or after 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 | ||||||
2 | treatment works incurred on or after October 1, 2008; | ||||||
3 | (3) to make direct loans at or below market interest | ||||||
4 | rates and to provide additional subsidization, including, | ||||||
5 | but not limited to, forgiveness of principal, negative | ||||||
6 | interest rates, and grants, to any
eligible local | ||||||
7 | government unit to buy or refinance debt obligations for | ||||||
8 | costs
incurred after March 7, 1985, for the construction of | ||||||
9 | treatment works, including storm water treatment systems | ||||||
10 | that are treatment works, and projects that fulfill federal | ||||||
11 | State Revolving Fund grant requirements for a green project | ||||||
12 | reserve;
| ||||||
13 | (3.5) to make loans, including, but not limited to, | ||||||
14 | loans through a linked deposit program, at or below market | ||||||
15 | interest rates for the
implementation of a management | ||||||
16 | program established under Section 319 of the
Federal Water | ||||||
17 | Pollution Control Act, as amended;
| ||||||
18 | (4) to guarantee or purchase insurance for local | ||||||
19 | obligations
where such action would improve credit market | ||||||
20 | access or reduce interest rates;
| ||||||
21 | (5) as a source of revenue or security for the payment | ||||||
22 | of principal and
interest on revenue or general obligation | ||||||
23 | bonds issued by the State or any
political subdivision or | ||||||
24 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
25 | be deposited in the Fund;
| ||||||
26 | (6) to finance the reasonable costs incurred by the |
| |||||||
| |||||||
1 | Agency in the
administration of the Fund;
| ||||||
2 | (7) to transfer funds to the Public Water Supply Loan | ||||||
3 | Program; and
| ||||||
4 | (8) notwithstanding any other provision of this | ||||||
5 | subsection (b), to provide, in accordance with rules | ||||||
6 | adopted under this Title, any other financial assistance | ||||||
7 | that may be provided under Section 603 of the Federal Water | ||||||
8 | Pollution Control Act for any other projects or activities | ||||||
9 | eligible for assistance under that Section or federal rules | ||||||
10 | adopted to implement that Section. | ||||||
11 | (c) The Loan Support Program shall be used and administered | ||||||
12 | by the Agency
for the following purposes:
| ||||||
13 | (1) to accept and retain funds from grant awards and | ||||||
14 | appropriations;
| ||||||
15 | (2) to finance the reasonable costs incurred by the | ||||||
16 | Agency in the
administration of the Fund, including | ||||||
17 | activities under Title III of this
Act, including the | ||||||
18 | administration of the State
construction grant program;
| ||||||
19 | (3) to transfer funds to the Water Pollution Control | ||||||
20 | Loan
Program and the Public Water Supply Loan Program;
| ||||||
21 | (4) to accept and retain a portion of the loan | ||||||
22 | repayments;
| ||||||
23 | (5) to finance the development of the low interest loan
| ||||||
24 | programs for water pollution control and public water | ||||||
25 | supply projects;
| ||||||
26 | (6) to finance the reasonable costs incurred by the |
| |||||||
| |||||||
1 | Agency to provide
technical assistance for public water | ||||||
2 | supplies; and
| ||||||
3 | (7) to finance the reasonable costs incurred by the | ||||||
4 | Agency for
public water system supervision programs, to | ||||||
5 | administer or provide for
technical assistance through | ||||||
6 | source water protection programs, to develop and
implement | ||||||
7 | a capacity development strategy, to delineate and assess | ||||||
8 | source water
protection areas, and for an operator | ||||||
9 | certification program in accordance with
Section 1452 of | ||||||
10 | the federal Safe Drinking Water Act.
| ||||||
11 | (d) The Public Water Supply Loan Program shall be used and | ||||||
12 | administered by
the Agency to provide assistance to local | ||||||
13 | government units and privately owned
community water supplies | ||||||
14 | for public water
supplies for the following public purposes:
| ||||||
15 | (1) to accept and retain funds from grant awards, | ||||||
16 | appropriations,
transfers, and payments of interest and | ||||||
17 | principal;
| ||||||
18 | (2) 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 or to any eligible privately owned | ||||||
23 | community water supply
to finance the construction of water | ||||||
24 | supplies and projects that fulfill federal State Revolving | ||||||
25 | Fund grant requirements for a green project reserve;
| ||||||
26 | (2.5) with respect to funds provided under the American |
| |||||||
| |||||||
1 | Recovery and Reinvestment Act of 2009: | ||||||
2 | (A) to make direct loans at or below market | ||||||
3 | interest rates to any eligible local government unit or | ||||||
4 | to any eligible privately owned community water | ||||||
5 | supply, and to provide additional subsidization to any | ||||||
6 | eligible local government unit or to any eligible | ||||||
7 | privately owned community water supply, including, but | ||||||
8 | not limited to, forgiveness of principal, negative | ||||||
9 | interest rates, and grants; | ||||||
10 | (B) to buy or refinance the debt obligation of a | ||||||
11 | local government unit for costs incurred on or after | ||||||
12 | October 1, 2008; and
| ||||||
13 | (C) to provide additional subsidization, | ||||||
14 | including, but not limited to, forgiveness of | ||||||
15 | principal, negative interest rates, and grants for a | ||||||
16 | local government unit for costs incurred on or after | ||||||
17 | October 1, 2008; | ||||||
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 or to any eligible privately owned | ||||||
23 | community water supply to buy or refinance debt obligations | ||||||
24 | for
costs incurred on or after July 17, 1997, for the | ||||||
25 | construction of water supplies and projects that fulfill | ||||||
26 | federal State Revolving Fund requirements for a green |
| |||||||
| |||||||
1 | project reserve;
| ||||||
2 | (4) to guarantee local obligations where such action | ||||||
3 | would improve credit
market access or reduce interest | ||||||
4 | rates;
| ||||||
5 | (5) as a source of revenue or security for the payment | ||||||
6 | of principal and
interest on revenue or general obligation | ||||||
7 | bonds issued by the State or any
political subdivision or | ||||||
8 | instrumentality thereof, if the proceeds of such
bonds will | ||||||
9 | be deposited into the Fund; and
| ||||||
10 | (6) to transfer funds to the Water Pollution Control | ||||||
11 | Loan Program ; and .
| ||||||
12 | (7) notwithstanding any other provision of this | ||||||
13 | subsection (d), to provide to local government units and | ||||||
14 | privately owned community water supplies any other | ||||||
15 | financial assistance that may be provided under Section | ||||||
16 | 1452 of the federal Safe Drinking Water Act for any | ||||||
17 | expenditures eligible for assistance under that Section or | ||||||
18 | federal rules adopted to implement that Section. | ||||||
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
| ||||||
25 | Water Pollution Control Act and the federal Safe Drinking Water | ||||||
26 | Act, as now
or hereafter amended.
|
| |||||||
| |||||||
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
| ||||||
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.
| ||||||
19 | (Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
| ||||||
20 | Section 35. The Local Governmental and Governmental | ||||||
21 | Employees Tort
Immunity Act is amended by changing Section | ||||||
22 | 9-107 as follows:
| ||||||
23 | (745 ILCS 10/9-107) (from Ch. 85, par. 9-107)
| ||||||
24 | Sec. 9-107. Policy; tax levy.
|
| |||||||
| |||||||
1 | (a) The General Assembly finds that the purpose of this | ||||||
2 | Section is to
provide an extraordinary tax for funding expenses | ||||||
3 | relating to (i) tort liability,
(ii) liability relating to | ||||||
4 | actions brought under the federal Comprehensive Environmental | ||||||
5 | Response, Compensation, and Liability Act of 1980 or the | ||||||
6 | Environmental Protection Act, but only until December 31, 2010, | ||||||
7 | (iii) insurance, and (iv) risk management programs. Thus, the | ||||||
8 | tax has been excluded from
various limitations otherwise | ||||||
9 | applicable to tax levies. Notwithstanding the
extraordinary | ||||||
10 | nature of the tax authorized by this Section, however, it has
| ||||||
11 | become apparent that some units of
local government are using | ||||||
12 | the tax revenue to fund expenses more properly paid
from | ||||||
13 | general operating funds. These uses of the revenue are | ||||||
14 | inconsistent with
the limited purpose of the tax authorization.
| ||||||
15 | Therefore, the General Assembly declares, as a matter of | ||||||
16 | policy, that (i) the
use of the tax revenue authorized by this | ||||||
17 | Section for purposes not expressly
authorized under this Act is | ||||||
18 | improper and (ii) the provisions of this Section
shall be | ||||||
19 | strictly construed
consistent with this declaration and the | ||||||
20 | Act's express purposes.
| ||||||
21 | (b) A local public entity may annually levy or have levied | ||||||
22 | on
its behalf taxes upon all taxable property within its | ||||||
23 | territory at
a rate that will produce a sum that will be | ||||||
24 | sufficient to:
(i) pay the cost
of insurance, individual or | ||||||
25 | joint self-insurance (including
reserves thereon), including | ||||||
26 | all operating and administrative costs and
expenses directly |
| |||||||
| |||||||
1 | associated therewith, claims services and risk management
| ||||||
2 | directly attributable to loss prevention and loss reduction, | ||||||
3 | legal services
directly attributable
to the insurance, | ||||||
4 | self-insurance, or joint self-insurance program, and
| ||||||
5 | educational, inspectional, and supervisory
services directly | ||||||
6 | relating to loss prevention and loss reduction, participation
| ||||||
7 | in a reciprocal
insurer as provided in Sections 72, 76, and 81 | ||||||
8 | of the Illinois Insurance Code,
or participation in a
| ||||||
9 | reciprocal insurer, all as provided in settlements or judgments | ||||||
10 | under
Section 9-102, including all costs and reserves directly | ||||||
11 | attributable to
being a member of an insurance
pool, under | ||||||
12 | Section 9-103; (ii) pay the costs of and principal
and interest | ||||||
13 | on bonds issued under Section 9-105; (iii) pay judgments
and | ||||||
14 | settlements under Section 9-104 of this Act; (iv) discharge
| ||||||
15 | obligations under Section 34-18.1 of the School
Code or make | ||||||
16 | transfers under Section 17-2A of the School Code ; (v) pay | ||||||
17 | judgments and settlements under the federal Comprehensive | ||||||
18 | Environmental Response, Compensation, and Liability Act of | ||||||
19 | 1980 and the Environmental Protection Act, but only until | ||||||
20 | December 31, 2010; (vi) pay the costs authorized by the | ||||||
21 | Metro-East Sanitary District Act of 1974 as provided in | ||||||
22 | subsection (a) of Section 5-1 of that Act (70 ILCS 2905/5-1) ; | ||||||
23 | and (vii)
pay the cost of
risk management programs.
Provided it | ||||||
24 | complies with any other applicable
statutory requirements, the | ||||||
25 | local public entity may self-insure and
establish reserves for | ||||||
26 | expected losses for any property damage or for any
liability or |
| |||||||
| |||||||
1 | loss for which
the local public entity is authorized to levy or | ||||||
2 | have levied on its behalf
taxes for the purchase of insurance | ||||||
3 | or the payment of judgments or
settlements under this Section. | ||||||
4 | The decision of the board to establish a
reserve shall be based | ||||||
5 | on reasonable actuarial or insurance underwriting
evidence and | ||||||
6 | subject to the limits and reporting provisions in Section
| ||||||
7 | 9-103.
| ||||||
8 | If a school district was a member of a | ||||||
9 | joint-self-health-insurance
cooperative that had more | ||||||
10 | liability in outstanding claims than revenue to pay
those | ||||||
11 | claims, the school board of that district may by resolution
| ||||||
12 | make a one-time transfer from any fund in which tort immunity | ||||||
13 | moneys are
maintained to the fund
or funds from which
payments | ||||||
14 | to a joint-self-health-insurance
cooperative can
be or have | ||||||
15 | been made of an amount not to exceed the amount of the
| ||||||
16 | liability claim that the school district
owes to the | ||||||
17 | joint-self-health-insurance cooperative or that the school | ||||||
18 | district
paid within the 2 years immediately preceding the | ||||||
19 | effective date of this
amendatory Act
of the 92nd General | ||||||
20 | Assembly.
| ||||||
21 | Funds raised pursuant to this Section shall , unless | ||||||
22 | lawfully transferred as provided in Section 17-2A of the School | ||||||
23 | Code, only be used for the purposes
specified in this Act, | ||||||
24 | including protection against and reduction of any
liability or | ||||||
25 | loss described
hereinabove and under
Federal or State common or | ||||||
26 | statutory law, the Workers' Compensation Act,
the Workers' |
| |||||||
| |||||||
1 | Occupational Diseases Act and the Unemployment Insurance Act.
| ||||||
2 | Funds
raised pursuant to this Section may be invested in any | ||||||
3 | manner in which
other funds of local public entities may be | ||||||
4 | invested under Section 2 of the
Public Funds Investment Act. | ||||||
5 | Interest on such
funds shall be used only for purposes for | ||||||
6 | which the funds can be used or,
if surplus, must be used for | ||||||
7 | abatement of property
taxes levied by the local taxing entity.
| ||||||
8 | A local public entity may enter into intergovernmental | ||||||
9 | contracts with a
term of not to exceed 12 years for the | ||||||
10 | provision of joint self-insurance
which contracts may include | ||||||
11 | an obligation to pay a proportional share of a
general | ||||||
12 | obligation or revenue bond or other debt instrument issued by a
| ||||||
13 | local public entity which is a party to the intergovernmental | ||||||
14 | contract and
is authorized by the terms of the contract to | ||||||
15 | issue the bond or other debt
instrument. Funds due under such | ||||||
16 | contracts shall not be considered debt
under any constitutional | ||||||
17 | or statutory limitation and the local public
entity may levy or | ||||||
18 | have levied on its behalf taxes to pay for its
proportional | ||||||
19 | share under the contract. Funds raised pursuant to
| ||||||
20 | intergovernmental contracts for the provision of joint | ||||||
21 | self-insurance may
only be used for the payment of any cost, | ||||||
22 | liability or loss against which
a local public entity may | ||||||
23 | protect itself or self-insure pursuant to Section
9-103 or for | ||||||
24 | the payment of which such entity may levy a tax pursuant to
| ||||||
25 | this Section, including tort judgments or settlements, costs
| ||||||
26 | associated with the issuance, retirement or refinancing of the |
| |||||||
| |||||||
1 | bonds or
other debt instruments, the repayment of the principal | ||||||
2 | or interest of the
bonds or other debt instruments, the costs | ||||||
3 | of the administration of the
joint self-insurance fund, | ||||||
4 | consultant, and risk care management programs or
the costs of | ||||||
5 | insurance. Any surplus returned to the local public entity
| ||||||
6 | under the terms of the intergovernmental contract shall be used | ||||||
7 | only for
purposes set forth in subsection (a) of Section 9-103 | ||||||
8 | and Section 9-107 or for
abatement of property
taxes levied by | ||||||
9 | the local taxing entity.
| ||||||
10 | Any tax levied under this Section shall be levied and | ||||||
11 | collected in
like manner with the general taxes of the entity | ||||||
12 | and shall be exclusive
of and in addition to the amount of tax | ||||||
13 | that entity is now or may
hereafter be authorized to levy for | ||||||
14 | general purposes under any statute
which may limit the amount | ||||||
15 | of tax which that entity may levy for general
purposes. The | ||||||
16 | county clerk of the county in which any part of the
territory | ||||||
17 | of the local taxing entity is located, in reducing tax levies
| ||||||
18 | under the provisions of any Act concerning the levy and | ||||||
19 | extension of
taxes, shall not consider any tax provided for by | ||||||
20 | this Section as a part
of the general tax levy for the purposes | ||||||
21 | of the entity nor include such
tax within any limitation of the | ||||||
22 | percent of the assessed valuation upon
which taxes are required | ||||||
23 | to be extended for such entity.
| ||||||
24 | With respect to taxes levied under this Section, either | ||||||
25 | before, on, or
after the effective date of this amendatory Act | ||||||
26 | of 1994:
|
| |||||||
| |||||||
1 | (1) Those taxes
are excepted from and shall not be | ||||||
2 | included within the rate limitation imposed
by law on taxes | ||||||
3 | levied for general corporate purposes by the local public
| ||||||
4 | entity authorized to levy a tax under this Section.
| ||||||
5 | (2) Those taxes that a local public entity has levied | ||||||
6 | in reliance on this
Section and that are excepted under | ||||||
7 | paragraph (1) from
the
rate limitation imposed by law on | ||||||
8 | taxes levied for general corporate purposes
by the local | ||||||
9 | public entity are not
invalid because of any provision of
| ||||||
10 | the law authorizing the local public entity's tax levy for | ||||||
11 | general corporate
purposes that may be construed or may | ||||||
12 | have been construed to restrict or limit
those taxes | ||||||
13 | levied, and those taxes are hereby validated.
This | ||||||
14 | validation of taxes levied applies to all cases pending on | ||||||
15 | or after the
effective date of this amendatory Act of 1994.
| ||||||
16 | (3) Paragraphs (1) and (2) do not apply to a hospital | ||||||
17 | organized under
Article 170 or 175 of the Township Code, | ||||||
18 | under the Town Hospital Act, or under
the Township | ||||||
19 | Non-Sectarian Hospital Act and do not give any authority to | ||||||
20 | levy
taxes on behalf of such a hospital in excess of the | ||||||
21 | rate limitation imposed by
law on taxes levied for general | ||||||
22 | corporate purposes. A hospital organized under
Article 170 | ||||||
23 | or 175 of the Township Code, under the Town Hospital Act, | ||||||
24 | or under
the Township Non-Sectarian Hospital Act is not
| ||||||
25 | prohibited from levying taxes in support of tort liability | ||||||
26 | bonds if the taxes
do not cause the hospital's aggregate |
| |||||||
| |||||||
1 | tax rate from exceeding the rate
limitation imposed by law | ||||||
2 | on taxes levied for general corporate purposes.
| ||||||
3 | Revenues derived from such tax shall be paid to the | ||||||
4 | treasurer of the
local taxing entity as collected and used for | ||||||
5 | the purposes of this
Section and of Section 9-102, 9-103, 9-104 | ||||||
6 | or 9-105, as the case may
be. If payments on account of such | ||||||
7 | taxes are insufficient during any
year to meet such purposes, | ||||||
8 | the entity may issue tax anticipation
warrants against the | ||||||
9 | current tax levy in the manner provided by statute.
| ||||||
10 | (Source: P.A. 95-244, eff. 8-17-07; 95-723, eff. 6-23-08.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|