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90_SB1584
415 ILCS 5/19.3 from Ch. 111 1/2, par. 1019.3
415 ILCS 5/19.4 from Ch. 111 1/2, par. 1019.4
Amends the Environmental Protection Act. Provides that
moneys from the Public Water Supply Loan Program used to buy
or refinance the debt obligation of a unit of local
government shall be used only to buy or refinance that debt
at or below market rates. Provides that priority in making
loans from the Public Water Supply Loan Program shall be
given to refinancing debt of units of local government
incurred after July 1, 1993 for capital improvements to
protect human health and to achieve compliance with State and
federal primary drinking water standards.
LRB9008759LDbd
LRB9008759LDbd
1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 19.3 and 19.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 19.3 and 19.4 as follows:
7 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
8 Sec. 19.3. Water Revolving Fund.
9 (a) There is hereby created within the State Treasury a
10 Water Revolving Fund, consisting of 3 interest-bearing
11 special programs to be known as the Water Pollution Control
12 Loan Program, the Public Water Supply Loan Program, and the
13 Loan Support Program, which shall be used and administered by
14 the Agency.
15 (b) The Water Pollution Control Loan Program shall be
16 used and administered by the Agency to provide assistance to
17 local government units for the following public purposes:
18 (1) to accept and retain funds from grant awards,
19 appropriations, transfers, and payments of interest and
20 principal;
21 (2) to make direct loans at or below market
22 interest rates to any eligible local government unit to
23 finance the construction of wastewater treatments works;
24 (3) to make direct loans at or below market
25 interest rates to any eligible local government unit to
26 buy or refinance debt obligations for treatment works
27 incurred after March 7, 1985;
28 (4) to guarantee or purchase insurance for local
29 obligations where such action would improve credit market
30 access or reduce interest rates;
31 (5) as a source of revenue or security for the
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1 payment of principal and interest on revenue or general
2 obligation bonds issued by the State, if the proceeds of
3 such bonds will be deposited in the Fund;
4 (6) to finance the reasonable costs incurred by the
5 Agency in the administration of the Fund; and
6 (7) to transfer funds to the Public Water Supply
7 Loan Program.
8 (c) The Loan Support Program shall be used and
9 administered by the Agency for the following purposes:
10 (1) to accept and retain funds from grant awards
11 and appropriations;
12 (2) to finance the reasonable costs incurred by the
13 Agency in the administration of the Fund, including
14 activities under Title III of this Act, including the
15 administration of the State construction grant program;
16 (3) to transfer funds to the Water Pollution
17 Control Loan Program and the Public Water Supply Loan
18 Program;
19 (4) to accept and retain a portion of the loan
20 repayments;
21 (5) to finance the development of the low interest
22 loan program for public water supply projects;
23 (6) to finance the reasonable costs incurred by the
24 Agency to provide technical assistance for public water
25 supplies; and
26 (7) to finance the reasonable costs incurred by the
27 Agency for public water system supervision programs, to
28 administer or provide for technical assistance through
29 source water protection programs, to develop and
30 implement a capacity development strategy, to delineate
31 and assess source water protection areas, and for an
32 operator certification program in accordance with Section
33 1452 of the federal Safe Drinking Water Act.
34 (d) The Public Water Supply Loan Program shall be used
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1 and administered by the Agency to provide assistance to local
2 government units for public water supplies for the following
3 public purposes:
4 (1) to accept and retain funds from grant awards,
5 appropriations, transfers, and payments of interest and
6 principal;
7 (2) to make direct loans at or below market
8 interest rates to any eligible local government unit to
9 finance the construction of public water supplies;
10 (3) to buy or refinance, at or below market
11 interest rates, the debt obligation of a local government
12 unit for costs incurred on or after July 17, the
13 effective date of this amendatory Act of 1997;
14 (4) to guarantee local obligations where such
15 action would improve credit market access or reduce
16 interest rates;
17 (5) as a source of revenue or security for the
18 payment of principal and interest on revenue or general
19 obligation bonds issued by the State, if the proceeds of
20 such bonds will be deposited into the Fund; and
21 (6) to transfer funds to the Water Pollution
22 Control Loan Program.
23 (e) The Agency is designated as the administering
24 agency of the Fund. The Agency shall submit to the Regional
25 Administrator of the United States Environmental Protection
26 Agency an intended use plan which outlines the proposed use
27 of funds available to the State. The Agency shall take all
28 actions necessary to secure to the State the benefits of the
29 federal Water Pollution Control Act and the federal Safe
30 Drinking Water Act, as now or hereafter amended.
31 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
32 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
33 Sec. 19.4. The Agency shall have the authority to
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1 promulgate regulations to set forth procedures and criteria
2 concerning loan applications, assurance of payment, interest
3 rates, loan support rates, impact on user charges,
4 eligibility of proposed construction, priority of needs,
5 special loan terms for disadvantaged communities, and maximum
6 limits on annual distributions of funds to applicants or
7 groups of applicants. The Agency shall develop and maintain
8 a priority list of loan applicants as categorized by need.
9 Priority in making loans from the Water Pollution Control
10 Loan Program must first be given to local government units
11 which need to make capital improvements to achieve compliance
12 with National Pollutant Discharge Elimination System permit
13 requirements pursuant to the federal Water Quality Act of
14 1987 and this Act. Priority in making loans from the Public
15 Water Supply Loan Program must first be given to local
16 government units that need to make capital improvements to
17 protect human health and to achieve compliance with the State
18 and federal primary drinking water standards adopted pursuant
19 to this Act and the federal Safe Drinking Water Act, as now
20 and hereafter amended and to refinance debt of units of local
21 government incurred after July 1, 1993 for such capital
22 improvements.
23 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
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