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