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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4808 Introduced 2/6/2024, by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: | | 415 ILCS 5/19.4 | from Ch. 111 1/2, par. 1019.4 |
| Amends the Environmental Protection Act. Requires rules adopted by the Illinois Environmental Protection Agency for purposes of administering the Water Revolving Fund to encourage regionalization and proactive compliance. Effective immediately. |
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| | A BILL FOR |
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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 Environmental Protection Act is amended by |
5 | | changing Section 19.4 as follows: |
6 | | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4) |
7 | | Sec. 19.4. Regulations; priorities. |
8 | | (a) The Agency shall have the authority to promulgate |
9 | | regulations for the administration of this Title, including, |
10 | | but not limited to, rules setting forth procedures and |
11 | | criteria concerning loan applications and the issuance of |
12 | | loans. For loans to units of local government, the regulations |
13 | | shall include, but need not be limited to, the following |
14 | | elements: |
15 | | (1) loan application requirements; |
16 | | (2) determination of credit worthiness of the loan |
17 | | applicant; |
18 | | (3) special loan terms, as necessary, for securing the |
19 | | repayment of the loan; |
20 | | (4) assurance of payment; |
21 | | (5) interest rates; |
22 | | (6) loan support rates; |
23 | | (7) impact on user charges; |
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1 | | (8) eligibility of proposed construction; |
2 | | (9) priority of needs; |
3 | | (10) special loan terms for disadvantaged communities; |
4 | | (11) maximum limits on annual distributions of funds |
5 | | to applicants or groups of applicants; |
6 | | (12) penalties for noncompliance with loan |
7 | | requirements and conditions, including stop-work orders, |
8 | | termination, and recovery of loan funds; and |
9 | | (13) indemnification of the State of Illinois and the |
10 | | Agency by the loan recipient. |
11 | | (b) The Agency shall have the authority to promulgate |
12 | | regulations to set forth procedures and criteria concerning |
13 | | loan applications for loan recipients other than units of |
14 | | local government. In addition to all of the elements required |
15 | | for units of local government under subsection (a), the |
16 | | regulations shall include, but need not be limited to, the |
17 | | following elements: |
18 | | (1) types of security required for the loan; |
19 | | (2) types of collateral, as necessary, that can be |
20 | | pledged for the loan; and |
21 | | (3) staged access to fund privately owned community |
22 | | water supplies. |
23 | | (c) Rules adopted under this Title shall also include, but |
24 | | shall not be limited to, criteria for prioritizing the |
25 | | issuance of loans under this Title according to applicant |
26 | | need. Priority in making loans from the Public Water Supply |
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1 | | Loan Program must first be given to local government units and |
2 | | privately owned community water supplies that need to make |
3 | | capital improvements to protect human health and to achieve |
4 | | compliance with the State and federal primary drinking water |
5 | | standards adopted pursuant to this Act and the federal Safe |
6 | | Drinking Water Act, as now and hereafter amended. Rules for |
7 | | prioritizing loans from the Water Pollution Control Loan |
8 | | Program may include, but shall not be limited to, criteria |
9 | | designed to encourage green infrastructure, water efficiency, |
10 | | environmentally innovative projects, and nutrient pollution |
11 | | removal. |
12 | | (d) The Agency shall have the authority to promulgate |
13 | | regulations to set forth procedures and criteria concerning |
14 | | loan applications for funds provided under the American |
15 | | Recovery and Reinvestment Act of 2009. In addition, due to |
16 | | time constraints in the American Recovery and Reinvestment Act |
17 | | of 2009, the Agency shall adopt emergency rules as necessary |
18 | | to allow the timely administration of funds provided under the |
19 | | American Recovery and Reinvestment Act of 2009. Emergency |
20 | | rules adopted under this subsection (d) shall be adopted in |
21 | | accordance with Section 5-45 of the Illinois Administrative |
22 | | Procedure Act. |
23 | | (e) The Agency may adopt rules to create a linked deposit |
24 | | loan program through which loans made pursuant to paragraph |
25 | | (3.5) of subsection (b) of Section 19.3 may be made through |
26 | | private lenders. Rules adopted under this subsection (e) shall |
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1 | | include, but shall not be limited to, provisions requiring |
2 | | private lenders, prior to disbursing loan proceeds through the |
3 | | linked deposit loan program, to verify that the loan |
4 | | recipients have been approved by the Agency for financing |
5 | | under paragraph (3.5) of subsection (b) of Section 19.3. |
6 | | (f) Rules adopted under this Section for the |
7 | | administration of this Title shall encourage regionalization |
8 | | and shall encourage proactive compliance. |
9 | | (Source: P.A. 98-782, eff. 7-23-14.) |
10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law. |