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Public Act 101-0143


 

Public Act 0143 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0143
 
HB2650 EnrolledLRB101 07219 CPF 52257 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 19.3 as follows:
 
    (415 ILCS 5/19.3)  (from Ch. 111 1/2, par. 1019.3)
    Sec. 19.3. Water Revolving Fund.
    (a) There is hereby created within the State Treasury a
Water Revolving Fund, consisting of 3 interest-bearing special
programs to be known as the Water Pollution Control Loan
Program, the Public Water Supply Loan Program, and the Loan
Support Program, which shall be used and administered by the
Agency.
    (b) The Water Pollution Control Loan Program shall be used
and administered by the Agency to provide assistance for the
following purposes:
        (1) to accept and retain funds from grant awards,
    appropriations, transfers, and payments of interest and
    principal;
        (2) to make direct loans at or below market interest
    rates and to provide additional subsidization, including,
    but not limited to, forgiveness of principal, negative
    interest rates, and grants, to any eligible local
    government unit to finance the construction of treatments
    works, including storm water treatment systems that are
    treatment works, and projects that fulfill federal State
    Revolving Fund grant requirements for a green project
    reserve;
        (2.5) with respect to funds provided under the American
    Recovery and Reinvestment Act of 2009:
            (A) to make direct loans at or below market
        interest rates to any eligible local government unit
        and to provide additional subsidization to any
        eligible local government unit, including, but not
        limited to, forgiveness of principal, negative
        interest rates, and grants;
            (B) to make direct loans at or below market
        interest rates to any eligible local government unit to
        buy or refinance debt obligations for treatment works
        incurred on or after October 1, 2008; and
            (C) to provide additional subsidization,
        including, but not limited to, forgiveness of
        principal, negative interest rates, and grants for
        treatment works incurred on or after October 1, 2008;
        (3) to make direct loans at or below market interest
    rates and to provide additional subsidization, including,
    but not limited to, forgiveness of principal, negative
    interest rates, and grants, to any eligible local
    government unit to buy or refinance debt obligations for
    costs incurred after March 7, 1985, for the construction of
    treatment works, including storm water treatment systems
    that are treatment works, and projects that fulfill federal
    State Revolving Fund grant requirements for a green project
    reserve;
        (3.5) to make loans, including, but not limited to,
    loans through a linked deposit program, at or below market
    interest rates for the implementation of a management
    program established under Section 319 of the Federal Water
    Pollution Control Act, as amended;
        (4) to guarantee or purchase insurance for local
    obligations where such action would improve credit market
    access or reduce interest rates;
        (5) as a source of revenue or security for the payment
    of principal and interest on revenue or general obligation
    bonds issued by the State or any political subdivision or
    instrumentality thereof, if the proceeds of such bonds will
    be deposited in the Fund;
        (6) to finance the reasonable costs incurred by the
    Agency in the administration of the Fund;
        (7) to transfer funds to the Public Water Supply Loan
    Program; and
        (8) notwithstanding any other provision of this
    subsection (b), to provide, in accordance with rules
    adopted under this Title, any other financial assistance
    that may be provided under Section 603 of the Federal Water
    Pollution Control Act for any other projects or activities
    eligible for assistance under that Section or federal rules
    adopted to implement that Section.
    (c) The Loan Support Program shall be used and administered
by the Agency for the following purposes:
        (1) to accept and retain funds from grant awards and
    appropriations;
        (2) to finance the reasonable costs incurred by the
    Agency in the administration of the Fund, including
    activities under Title III of this Act, including the
    administration of the State construction grant program;
        (3) to transfer funds to the Water Pollution Control
    Loan Program and the Public Water Supply Loan Program;
        (4) to accept and retain a portion of the loan
    repayments;
        (5) to finance the development of the low interest loan
    programs for water pollution control and public water
    supply projects;
        (6) to finance the reasonable costs incurred by the
    Agency to provide technical assistance for public water
    supplies; and
        (7) to finance the reasonable costs incurred by the
    Agency for public water system supervision programs, to
    administer or provide for technical assistance through
    source water protection programs, to develop and implement
    a capacity development strategy, to delineate and assess
    source water protection areas, and for an operator
    certification program in accordance with Section 1452 of
    the federal Safe Drinking Water Act.
    (d) The Public Water Supply Loan Program shall be used and
administered by the Agency to provide assistance to local
government units and privately owned community water supplies
for public water supplies for the following public purposes:
        (1) to accept and retain funds from grant awards,
    appropriations, transfers, and payments of interest and
    principal;
        (2) to make direct loans at or below market interest
    rates and to provide additional subsidization, including,
    but not limited to, forgiveness of principal, negative
    interest rates, and grants, to any eligible local
    government unit or to any eligible privately owned
    community water supply to finance the construction of water
    supplies and projects that fulfill federal State Revolving
    Fund grant requirements for a green project reserve;
        (2.5) with respect to funds provided under the American
    Recovery and Reinvestment Act of 2009:
            (A) to make direct loans at or below market
        interest rates to any eligible local government unit or
        to any eligible privately owned community water
        supply, and to provide additional subsidization to any
        eligible local government unit or to any eligible
        privately owned community water supply, including, but
        not limited to, forgiveness of principal, negative
        interest rates, and grants;
            (B) to buy or refinance the debt obligation of a
        local government unit for costs incurred on or after
        October 1, 2008; and
            (C) to provide additional subsidization,
        including, but not limited to, forgiveness of
        principal, negative interest rates, and grants for a
        local government unit for costs incurred on or after
        October 1, 2008;
        (3) to make direct loans at or below market interest
    rates and to provide additional subsidization, including,
    but not limited to, forgiveness of principal, negative
    interest rates, and grants, to any eligible local
    government unit or to any eligible privately owned
    community water supply to buy or refinance debt obligations
    for costs incurred on or after July 17, 1997, for the
    construction of water supplies and projects that fulfill
    federal State Revolving Fund requirements for a green
    project reserve;
        (4) to guarantee local obligations where such action
    would improve credit market access or reduce interest
    rates;
        (5) as a source of revenue or security for the payment
    of principal and interest on revenue or general obligation
    bonds issued by the State or any political subdivision or
    instrumentality thereof, if the proceeds of such bonds will
    be deposited into the Fund;
        (6) to transfer funds to the Water Pollution Control
    Loan Program; and
        (7) notwithstanding any other provision of this
    subsection (d), to provide to local government units and
    privately owned community water supplies any other
    financial assistance that may be provided under Section
    1452 of the federal Safe Drinking Water Act for any
    expenditures eligible for assistance under that Section or
    federal rules adopted to implement that Section.
    (e) The Agency is designated as the administering agency of
the Fund. The Agency shall submit to the Regional Administrator
of the United States Environmental Protection Agency an
intended use plan which outlines the proposed use of funds
available to the State. The Agency shall take all actions
necessary to secure to the State the benefits of the federal
Water Pollution Control Act and the federal Safe Drinking Water
Act, as now or hereafter amended.
    (f) The Agency shall have the power to enter into
intergovernmental agreements with the federal government or
the State, or any instrumentality thereof, for purposes of
capitalizing the Water Revolving Fund. Moneys on deposit in the
Water Revolving Fund may be used for the creation of reserve
funds or pledged funds that secure the obligations of repayment
of loans made pursuant to this Section. For the purpose of
obtaining capital for deposit into the Water Revolving Fund,
the Agency may also enter into agreements with financial
institutions and other persons for the purpose of selling loans
and developing a secondary market for such loans. The Agency
shall have the power to create and establish such reserve funds
and accounts as may be necessary or desirable to accomplish its
purposes under this subsection and to allocate its available
moneys into such funds and accounts. Investment earnings on
moneys held in the Water Revolving Fund, including any reserve
fund or pledged fund, shall be deposited into the Water
Revolving Fund.
    (g) Beginning on the effective date of this amendatory Act
of the 101st General Assembly, and running for a period of 5
years after that date, the Agency shall prioritize within its
annual intended use plan the usage of a portion of the Agency's
capitalization grant for federally authorized set-aside
activities. The prioritization is for the purpose of supporting
disadvantaged communities and utilities throughout Illinois in
building their capacity for sustainable and equitable water
management. This may include, but is not limited to, assistance
for water rate studies, preliminary engineering or other
facility planning, training activities, asset management
plans, assistance with identification and replacement of lead
service lines, and studies of efficiency measures through
utility regionalization or other collaborative
intergovernmental approaches.
(Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15;
99-922, eff. 1-17-17.)

Effective Date: 1/1/2020