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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Build Illinois Bond Act is amended by | ||||||
5 | changing Section 4 as follows:
| ||||||
6 | (30 ILCS 425/4) (from Ch. 127, par. 2804)
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7 | Sec. 4. Purposes of Bonds. Bonds shall be issued for the | ||||||
8 | following
purposes and in the approximate amounts as set forth | ||||||
9 | below:
| ||||||
10 | (a) $2,417,000,000 for the expenses of issuance and
sale of | ||||||
11 | Bonds, including bond discounts, and for planning, | ||||||
12 | engineering,
acquisition, construction, reconstruction, | ||||||
13 | development, improvement and
extension of the public | ||||||
14 | infrastructure in the State of Illinois, including: the
making | ||||||
15 | of loans or grants to local governments for waste disposal | ||||||
16 | systems,
water and sewer line extensions and water distribution | ||||||
17 | and purification
facilities, rail or air or water port | ||||||
18 | improvements, gas and electric utility
extensions, publicly | ||||||
19 | owned industrial and commercial sites, buildings
used for | ||||||
20 | public administration purposes and other public infrastructure | ||||||
21 | capital
improvements; the making of loans or grants to units of | ||||||
22 | local government
for financing and construction of wastewater | ||||||
23 | facilities , including grants to serve unincorporated areas ; |
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| |||||||
1 | refinancing or
retiring bonds issued between January 1, 1987 | ||||||
2 | and January 1,
1990 by home rule municipalities, debt service | ||||||
3 | on which is provided from a
tax imposed by home rule | ||||||
4 | municipalities prior to January 1, 1990 on the
sale of food and | ||||||
5 | drugs pursuant to Section 8-11-1 of the Home Rule
Municipal | ||||||
6 | Retailers' Occupation Tax Act or Section 8-11-5 of the Home
| ||||||
7 | Rule Municipal Service Occupation Tax Act; the making of | ||||||
8 | deposits not
to exceed $70,000,000 in the aggregate into
the | ||||||
9 | Water Pollution Control Revolving Fund to provide assistance in
| ||||||
10 | accordance with the provisions of Title IV-A of the | ||||||
11 | Environmental
Protection Act; the planning, engineering, | ||||||
12 | acquisition,
construction, reconstruction, alteration, | ||||||
13 | expansion, extension and
improvement of highways, bridges, | ||||||
14 | structures separating highways and
railroads, rest areas, | ||||||
15 | interchanges, access
roads to and from any State or local | ||||||
16 | highway and other transportation
improvement projects which | ||||||
17 | are related to
economic development activities; the making of | ||||||
18 | loans or grants for
planning, engineering, rehabilitation, | ||||||
19 | improvement or construction of rail
and transit facilities; the | ||||||
20 | planning, engineering, acquisition,
construction, | ||||||
21 | reconstruction and improvement of watershed, drainage, flood
| ||||||
22 | control, recreation and related improvements and facilities, | ||||||
23 | including
expenses related to land and easement acquisition, | ||||||
24 | relocation, control
structures, channel work and clearing and | ||||||
25 | appurtenant work; the making of
grants for improvement and | ||||||
26 | development of zoos and park district field
houses and related |
| |||||||
| |||||||
1 | structures; and the making of grants for improvement and
| ||||||
2 | development of Navy Pier and related structures.
| ||||||
3 | (b) $186,000,000 for fostering economic development and
| ||||||
4 | increased employment and the well being of the citizens of | ||||||
5 | Illinois, including:
the making of grants for improvement and | ||||||
6 | development of McCormick Place and
related structures; the
| ||||||
7 | planning and construction of a microelectronics research | ||||||
8 | center, including
the planning, engineering, construction, | ||||||
9 | improvement, renovation and
acquisition of buildings, | ||||||
10 | equipment and related utility support systems;
the making of | ||||||
11 | loans to businesses and investments in small businesses;
| ||||||
12 | acquiring real properties for industrial or commercial site | ||||||
13 | development;
acquiring, rehabilitating and reconveying | ||||||
14 | industrial and commercial
properties for the purpose of | ||||||
15 | expanding employment and encouraging private
and other public | ||||||
16 | sector investment in the economy of Illinois; the payment
of | ||||||
17 | expenses associated with siting the Superconducting Super | ||||||
18 | Collider Particle
Accelerator in Illinois and with its | ||||||
19 | acquisition, construction,
maintenance, operation, promotion | ||||||
20 | and support; the making of loans for the
planning, engineering, | ||||||
21 | acquisition, construction, improvement and
conversion of | ||||||
22 | facilities and equipment which will foster the use of
Illinois | ||||||
23 | coal; the payment of expenses associated with the
promotion, | ||||||
24 | establishment, acquisition and operation of small business
| ||||||
25 | incubator facilities and agribusiness research facilities, | ||||||
26 | including the lease,
purchase, renovation, planning, |
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| |||||||
1 | engineering, construction and maintenance of
buildings, | ||||||
2 | utility support systems and equipment designated for such
| ||||||
3 | purposes and the establishment and maintenance of centralized | ||||||
4 | support
services within such facilities; and the making of | ||||||
5 | grants or loans to
units of local government for Urban | ||||||
6 | Development Action Grant and Housing
Partnership programs.
| ||||||
7 | (c) $1,052,358,100 for the development and
improvement of | ||||||
8 | educational,
scientific, technical and vocational programs and | ||||||
9 | facilities and the
expansion of health and human services for | ||||||
10 | all citizens of Illinois,
including: the making of construction | ||||||
11 | and improvement grants and loans
to public libraries
and | ||||||
12 | library systems; the making of grants and loans for planning,
| ||||||
13 | engineering, acquisition and construction
of a new State | ||||||
14 | central library in Springfield; the planning, engineering,
| ||||||
15 | acquisition and construction of an animal and dairy sciences | ||||||
16 | facility; the
planning, engineering, acquisition and | ||||||
17 | construction of a campus and all
related buildings, facilities, | ||||||
18 | equipment and materials for Richland
Community College; the | ||||||
19 | acquisition, rehabilitation and installation of
equipment and | ||||||
20 | materials for scientific and historical surveys; the making of
| ||||||
21 | grants or loans for distribution to eligible vocational | ||||||
22 | education instructional
programs for the upgrading of | ||||||
23 | vocational education programs, school shops
and laboratories, | ||||||
24 | including the acquisition, rehabilitation and
installation of | ||||||
25 | technical equipment and materials; the making of grants or
| ||||||
26 | loans for distribution to eligible local educational agencies |
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| |||||||
1 | for the
upgrading of math and science instructional programs, | ||||||
2 | including the
acquisition of instructional equipment and | ||||||
3 | materials; miscellaneous capital
improvements for universities | ||||||
4 | and community colleges including the
planning, engineering,
| ||||||
5 | construction, reconstruction, remodeling, improvement, repair | ||||||
6 | and
installation of capital facilities and costs of planning, | ||||||
7 | supplies,
equipment, materials, services, and all other | ||||||
8 | required expenses; the
making of grants or loans for repair, | ||||||
9 | renovation and miscellaneous capital
improvements for | ||||||
10 | privately operated colleges and universities and community
| ||||||
11 | colleges, including the planning, engineering, acquisition, | ||||||
12 | construction,
reconstruction, remodeling,
improvement, repair | ||||||
13 | and installation of capital facilities and costs of
planning, | ||||||
14 | supplies, equipment, materials, services, and all other | ||||||
15 | required
expenses; and the making of grants or loans for | ||||||
16 | distribution to local
governments for hospital and other health | ||||||
17 | care facilities including the
planning, engineering, | ||||||
18 | acquisition, construction, reconstruction,
remodeling, | ||||||
19 | improvement, repair and installation of capital facilities and
| ||||||
20 | costs of planning, supplies, equipment, materials, services | ||||||
21 | and all other
required expenses.
| ||||||
22 | (d) $150,150,900 for protection, preservation,
restoration | ||||||
23 | and conservation of environmental and natural resources,
| ||||||
24 | including: the making of grants to soil and water conservation | ||||||
25 | districts
for the planning and implementation of conservation | ||||||
26 | practices and for
funding contracts with the Soil Conservation |
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| |||||||
1 | Service for watershed
planning; the making of grants to units | ||||||
2 | of local government for the
capital development and improvement | ||||||
3 | of recreation areas, including
planning and engineering costs, | ||||||
4 | sewer projects, including planning and
engineering costs and | ||||||
5 | water projects, including planning
and engineering costs, and | ||||||
6 | for the acquisition of open space lands,
including the | ||||||
7 | acquisition of easements and other property interests of less
| ||||||
8 | than fee simple ownership; the acquisition and related costs | ||||||
9 | and development
and management of natural heritage lands, | ||||||
10 | including natural areas and areas
providing habitat for
| ||||||
11 | endangered species and nongame wildlife, and buffer area lands; | ||||||
12 | the
acquisition and related costs and development and | ||||||
13 | management of
habitat lands, including forest, wildlife | ||||||
14 | habitat and wetlands;
and the removal and disposition of | ||||||
15 | hazardous substances, including the cost of
project | ||||||
16 | management, equipment, laboratory analysis, and contractual | ||||||
17 | services
necessary for preventative and corrective actions | ||||||
18 | related to the preservation,
restoration and conservation of | ||||||
19 | the environment, including deposits not to
exceed $60,000,000 | ||||||
20 | in the aggregate into the Hazardous Waste Fund and the
| ||||||
21 | Brownfields Redevelopment Fund for improvements in accordance | ||||||
22 | with the
provisions of Titles V and XVII of the Environmental | ||||||
23 | Protection Act.
| ||||||
24 | (e) The amount specified in paragraph (a) above
shall | ||||||
25 | include an amount necessary to pay reasonable expenses of each
| ||||||
26 | issuance and sale of the Bonds, as specified in the related |
| |||||||
| |||||||
1 | Bond Sale Order
(hereinafter defined).
| ||||||
2 | (f) Any unexpended proceeds from any sale of
Bonds which | ||||||
3 | are held in the Build Illinois Bond Fund may be used to redeem,
| ||||||
4 | purchase, advance refund, or defease any Bonds outstanding.
| ||||||
5 | (Source: P.A. 91-39, eff. 6-15-99; 91-53, eff. 6-30-99; 91-709, | ||||||
6 | eff.
5-17-00; 92-9, eff. 6-11-01; 92-598, eff. 6-28-02.)
| ||||||
7 | Section 10. The Environmental Protection Act is amended by | ||||||
8 | changing Section 4 as follows:
| ||||||
9 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
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10 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
11 | duties.
| ||||||
12 | (a) There is established in the Executive Branch of the | ||||||
13 | State Government an
agency to be known as the Environmental | ||||||
14 | Protection Agency. This Agency shall
be under the supervision | ||||||
15 | and direction of a Director who shall be appointed by
the | ||||||
16 | Governor with the advice and consent of the Senate. The term of | ||||||
17 | office
of the Director shall expire on the third Monday of | ||||||
18 | January in odd numbered
years, provided that he or she shall | ||||||
19 | hold office until a successor is appointed
and has qualified. | ||||||
20 | The Director shall
receive an annual salary as set by the | ||||||
21 | Governor from time to time or as set by
the Compensation Review | ||||||
22 | Board, whichever is greater. If set by the Governor,
the | ||||||
23 | Director's annual salary may not exceed 85% of the Governor's | ||||||
24 | annual
salary. The Director, in accord with the Personnel Code, |
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1 | shall employ and
direct such personnel, and shall provide for | ||||||
2 | such laboratory and other
facilities, as may be necessary to | ||||||
3 | carry out the purposes of this Act. In
addition, the Director | ||||||
4 | may by agreement secure such services as he or she
may deem | ||||||
5 | necessary from any other department, agency, or unit of the | ||||||
6 | State
Government, and may employ and compensate such | ||||||
7 | consultants and technical
assistants as may be required.
| ||||||
8 | (b) The Agency shall have the duty to collect and | ||||||
9 | disseminate such
information, acquire such technical data, and | ||||||
10 | conduct such experiments
as may be required to carry out the | ||||||
11 | purposes of this Act, including
ascertainment of the quantity | ||||||
12 | and nature of discharges from any
contaminant source and data | ||||||
13 | on those sources, and to operate and arrange
for the operation | ||||||
14 | of devices for the monitoring of environmental quality.
| ||||||
15 | (c) The Agency shall have authority to conduct a program of
| ||||||
16 | continuing surveillance and of regular or periodic inspection | ||||||
17 | of actual
or potential contaminant or noise sources, of public | ||||||
18 | water supplies, and
of refuse disposal sites.
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19 | (d) In accordance with constitutional limitations,
the | ||||||
20 | Agency shall have authority to enter at all reasonable times
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21 | upon any private or public property for the purpose of:
| ||||||
22 | (1) Inspecting and investigating to ascertain possible | ||||||
23 | violations of
this Act, any rule or regulation adopted | ||||||
24 | under this Act, any permit or
term or condition of a | ||||||
25 | permit, or any Board order; or
| ||||||
26 | (2) In accordance with the provisions of this Act, |
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| |||||||
1 | taking whatever
preventive or corrective action, including | ||||||
2 | but not limited to removal or
remedial action, that is | ||||||
3 | necessary or appropriate whenever there is a
release or a | ||||||
4 | substantial threat of a release of (A) a hazardous
| ||||||
5 | substance or pesticide or (B) petroleum from an underground | ||||||
6 | storage tank.
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7 | (e) The Agency shall have the duty to investigate | ||||||
8 | violations of this
Act, any rule or regulation adopted under | ||||||
9 | this Act, any permit or
term or condition of a permit, or any | ||||||
10 | Board order;
to issue administrative citations as provided in | ||||||
11 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
12 | action as is provided
for by Section 34 of this Act.
| ||||||
13 | (f) The Agency shall appear before the Board in any hearing | ||||||
14 | upon a
petition for variance, the denial of a permit, or the | ||||||
15 | validity or effect
of a rule or regulation of the Board, and | ||||||
16 | shall have the authority to
appear before the Board in any | ||||||
17 | hearing under the Act.
| ||||||
18 | (g) The Agency shall have the duty to administer, in accord | ||||||
19 | with
Title X of this Act, such permit and certification systems | ||||||
20 | as may be
established by this Act or by regulations adopted | ||||||
21 | thereunder.
The Agency may enter into written delegation | ||||||
22 | agreements with any department,
agency, or unit of State or | ||||||
23 | local government under which all or portions
of this duty may | ||||||
24 | be delegated for public water supply storage and transport
| ||||||
25 | systems, sewage collection and transport systems, air | ||||||
26 | pollution control
sources with uncontrolled emissions of 100 |
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1 | tons per year or less and
application of algicides to waters of | ||||||
2 | the State. Such delegation
agreements will require that the | ||||||
3 | work to be performed thereunder will be
in accordance with | ||||||
4 | Agency criteria, subject to Agency review, and shall
include | ||||||
5 | such financial and program auditing by the Agency as may be | ||||||
6 | required.
| ||||||
7 | (h) The Agency shall have authority to require the | ||||||
8 | submission of
complete plans and specifications from any | ||||||
9 | applicant for a permit
required by this Act or by regulations | ||||||
10 | thereunder, and to require the
submission of such reports | ||||||
11 | regarding actual or potential violations of
this Act, any rule | ||||||
12 | or regulation adopted under this Act, any permit or
term or | ||||||
13 | condition of a permit, or any Board order, as may be necessary | ||||||
14 | for the purposes of
this Act.
| ||||||
15 | (i) The Agency shall have authority to make recommendations | ||||||
16 | to the
Board for the adoption of regulations under Title VII of | ||||||
17 | the Act.
| ||||||
18 | (j) The Agency shall have the duty to represent the State | ||||||
19 | of
Illinois in any and all matters pertaining to plans, | ||||||
20 | procedures, or
negotiations for interstate compacts or other | ||||||
21 | governmental arrangements
relating to environmental | ||||||
22 | protection.
| ||||||
23 | (k) The Agency shall have the authority to accept, receive, | ||||||
24 | and
administer on behalf of the State any grants, gifts, loans, | ||||||
25 | indirect cost
reimbursements, or other funds made available to | ||||||
26 | the State from any source
for purposes of this Act or for air |
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| |||||||
1 | or water pollution control, public water
supply, solid waste | ||||||
2 | disposal, noise abatement, or other environmental
protection | ||||||
3 | activities, surveys, or programs. Any federal funds received by | ||||||
4 | the
Agency pursuant to this subsection shall be deposited in a | ||||||
5 | trust fund with the
State Treasurer and held and disbursed by | ||||||
6 | him in accordance with Treasurer as
Custodian of Funds Act, | ||||||
7 | provided that such monies shall be used only for the
purposes | ||||||
8 | for which they are contributed and any balance remaining shall | ||||||
9 | be
returned to the contributor.
| ||||||
10 | The Agency is authorized to promulgate such regulations and | ||||||
11 | enter
into such contracts as it may deem necessary for carrying | ||||||
12 | out the
provisions of this subsection.
| ||||||
13 | (l) The Agency is hereby designated as water pollution | ||||||
14 | agency for
the state for all purposes of the Federal Water | ||||||
15 | Pollution Control Act, as
amended; as implementing agency for | ||||||
16 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
17 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
18 | 1425 of that Act; as air pollution agency for the state for all
| ||||||
19 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
20 | approved December 31,
1970, as amended; and as solid waste | ||||||
21 | agency for the state for all purposes of
the Solid Waste | ||||||
22 | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||||||
23 | amended by the Resource Recovery Act of 1970, Public Law | ||||||
24 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
25 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
26 | 94-580) approved October 21, 1976, as amended; as
noise control |
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| |||||||
1 | agency for the state for all purposes of the Noise Control Act | ||||||
2 | of
1972, Public Law 92-574, approved October 27, 1972, as | ||||||
3 | amended; and as
implementing agency for the State for all | ||||||
4 | purposes of the Comprehensive
Environmental Response, | ||||||
5 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
6 | amended; and otherwise as pollution control agency for the | ||||||
7 | State pursuant
to federal laws integrated with the foregoing | ||||||
8 | laws, for financing purposes or
otherwise. The Agency is hereby | ||||||
9 | authorized to take all action necessary or
appropriate to | ||||||
10 | secure to the State the benefits of such federal Acts, provided
| ||||||
11 | that the Agency shall transmit to the United States without | ||||||
12 | change any
standards adopted by the Pollution Control Board | ||||||
13 | pursuant to Section 5(c) of
this Act. This subsection (l) of | ||||||
14 | Section 4 shall not be construed to bar or
prohibit the | ||||||
15 | Environmental Protection Trust Fund Commission from accepting,
| ||||||
16 | receiving, and administering on behalf of the State any grants, | ||||||
17 | gifts,
loans or other funds for which the Commission is | ||||||
18 | eligible pursuant to the
Environmental Protection Trust Fund | ||||||
19 | Act. The Agency is hereby designated as
the State agency for | ||||||
20 | all purposes of administering the requirements of Section
313 | ||||||
21 | of the federal Emergency Planning and Community Right-to-Know | ||||||
22 | Act of 1986.
| ||||||
23 | Any municipality, sanitary district, or other political | ||||||
24 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
25 | which makes application
for loans or grants under such federal | ||||||
26 | Acts shall notify the Agency of
such application; the Agency |
| |||||||
| |||||||
1 | may participate in proceedings under such
federal Acts.
| ||||||
2 | (m) The Agency shall have authority, consistent with | ||||||
3 | Section 5(c)
and other provisions of this Act, and for purposes | ||||||
4 | of Section 303(e) of
the Federal Water Pollution Control Act, | ||||||
5 | as now or hereafter amended,
to engage in planning processes | ||||||
6 | and activities and to develop
plans in cooperation with units | ||||||
7 | of local government, state agencies and
officers, and other | ||||||
8 | appropriate persons in connection with the
jurisdiction or | ||||||
9 | duties of each such unit, agency, officer or person.
Public | ||||||
10 | hearings shall be held on the planning process, at which any
| ||||||
11 | person shall be permitted to appear and be heard, pursuant to | ||||||
12 | procedural
regulations promulgated by the Agency.
| ||||||
13 | (n) In accordance with the powers conferred upon the Agency | ||||||
14 | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||||||
15 | Agency shall
have authority to establish and enforce minimum | ||||||
16 | standards for the
operation of laboratories relating to | ||||||
17 | analyses and laboratory tests for
air pollution, water | ||||||
18 | pollution, noise emissions, contaminant discharges
onto land | ||||||
19 | and sanitary, chemical, and mineral quality of water
| ||||||
20 | distributed by a public water supply. The Agency may enter into | ||||||
21 | formal
working agreements with other departments or agencies of | ||||||
22 | state
government under which all or portions of this authority | ||||||
23 | may be
delegated to the cooperating department or agency.
| ||||||
24 | (o) The Agency shall have the authority to issue | ||||||
25 | certificates of
competency to persons and laboratories meeting | ||||||
26 | the minimum standards
established by the Agency in accordance |
| |||||||
| |||||||
1 | with Section 4(n) of this Act
and to promulgate and enforce | ||||||
2 | regulations relevant to the issuance and
use of such | ||||||
3 | certificates. The Agency may enter into formal working
| ||||||
4 | agreements with other departments or agencies of state | ||||||
5 | government under
which all or portions of this authority may be | ||||||
6 | delegated to the
cooperating department or agency.
| ||||||
7 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
8 | have the
duty to analyze samples as required
from each public | ||||||
9 | water supply to determine compliance with the
contaminant | ||||||
10 | levels specified by the Pollution Control Board. The maximum
| ||||||
11 | number of samples which the Agency shall be required to analyze | ||||||
12 | for
microbiological quality shall be 6 per month, but the | ||||||
13 | Agency may, at its
option, analyze a larger number each month | ||||||
14 | for any supply. Results of
sample analyses for additional | ||||||
15 | required bacteriological testing,
turbidity, residual chlorine | ||||||
16 | and radionuclides are to be provided to the
Agency in | ||||||
17 | accordance with Section 19. Owners of water supplies may enter
| ||||||
18 | into agreements with the Agency to provide for reduced Agency
| ||||||
19 | participation in sample analyses.
| ||||||
20 | (q) The Agency shall have the authority to provide notice | ||||||
21 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
22 | this Act for a
release or a substantial threat of a release of | ||||||
23 | a hazardous substance or
pesticide. Such notice shall include | ||||||
24 | the identified response action and an
opportunity for such | ||||||
25 | person to perform the response action.
| ||||||
26 | (r) The Agency may enter into written delegation agreements |
| |||||||
| |||||||
1 | with any
unit of local government under which it may delegate | ||||||
2 | all or portions of its
inspecting, investigating and | ||||||
3 | enforcement functions. Such delegation
agreements shall | ||||||
4 | require that work performed thereunder be in accordance
with | ||||||
5 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
6 | any other provision of law to the contrary, no unit of
local | ||||||
7 | government shall be liable for any injury resulting from the | ||||||
8 | exercise
of its authority pursuant to such a delegation | ||||||
9 | agreement unless the injury
is proximately caused by the | ||||||
10 | willful and wanton negligence of an agent or
employee of the | ||||||
11 | unit of local government, and any policy of insurance
coverage | ||||||
12 | issued to a unit of local government may provide for the denial | ||||||
13 | of
liability and the nonpayment of claims based upon injuries | ||||||
14 | for which the unit
of local government is not liable pursuant | ||||||
15 | to this subsection (r).
| ||||||
16 | (s) The Agency shall have authority to take whatever | ||||||
17 | preventive or
corrective action is necessary or appropriate, | ||||||
18 | including but not limited to
expenditure of monies appropriated | ||||||
19 | from the Build Illinois Bond Fund and
the Build Illinois | ||||||
20 | Purposes Fund for removal or remedial action, whenever
any | ||||||
21 | hazardous substance or pesticide is released or
there is a | ||||||
22 | substantial threat of such a release into the environment. The
| ||||||
23 | State, the Director, and any State employee shall be | ||||||
24 | indemnified for any
damages or injury arising out of or | ||||||
25 | resulting from any action taken under
this subsection. The | ||||||
26 | Director of the Agency is authorized to enter into
such |
| |||||||
| |||||||
1 | contracts and agreements as are necessary
to carry out the | ||||||
2 | Agency's duties under this subsection.
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3 | (t) The Agency shall have authority to distribute grants, | ||||||
4 | subject to
appropriation by the General Assembly, to units of | ||||||
5 | local government for financing and construction of
municipal | ||||||
6 | wastewater facilities in both incorporated and unincorporated | ||||||
7 | areas . With respect to all monies appropriated
from the Build | ||||||
8 | Illinois Bond Fund and the Build Illinois Purposes
Fund for | ||||||
9 | wastewater facility grants, the Agency shall make
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10 | distributions in conformity with the rules and regulations | ||||||
11 | established
pursuant to the Anti-Pollution Bond Act, as now or | ||||||
12 | hereafter amended.
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13 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
14 | the
Agency shall have the authority to adopt such rules as are | ||||||
15 | necessary or
appropriate for the Agency to implement Section | ||||||
16 | 31.1 of this Act.
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17 | (v) (Blank.)
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18 | (w) Neither the State, nor the Director, nor the Board, nor | ||||||
19 | any State
employee shall be liable for any damages or injury | ||||||
20 | arising out of or
resulting from any action taken under | ||||||
21 | subsection (s).
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22 | (x)(1) The Agency shall have authority to distribute | ||||||
23 | grants, subject to
appropriation by the General Assembly, | ||||||
24 | to units of local government for
financing and construction | ||||||
25 | of public water supply facilities. With respect
to all | ||||||
26 | monies appropriated from the Build Illinois Bond Fund or |
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1 | the Build
Illinois Purposes Fund for public water supply | ||||||
2 | grants, such grants shall be
made in accordance with rules | ||||||
3 | promulgated by the Agency.
Such rules shall include a | ||||||
4 | requirement for a local match of 30% of the
total project | ||||||
5 | cost for projects funded through such grants.
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6 | (2) The Agency shall not terminate a grant to a unit of | ||||||
7 | local government
for the financing and construction of | ||||||
8 | public water supply facilities unless
and until the Agency | ||||||
9 | adopts rules that set forth precise and complete
standards, | ||||||
10 | pursuant to Section 5-20 of the Illinois Administrative
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11 | Procedure Act, for the termination of such grants. The | ||||||
12 | Agency shall not
make determinations on whether specific | ||||||
13 | grant conditions are necessary to
ensure the integrity of a | ||||||
14 | project or on whether subagreements shall be
awarded, with | ||||||
15 | respect to grants for the financing and construction of
| ||||||
16 | public water supply facilities, unless and until the Agency | ||||||
17 | adopts rules
that set forth precise and complete standards, | ||||||
18 | pursuant to Section 5-20
of the Illinois Administrative | ||||||
19 | Procedure Act, for making such
determinations. The Agency | ||||||
20 | shall not issue a stop-work order in relation to
such | ||||||
21 | grants unless and until the Agency adopts precise and | ||||||
22 | complete standards,
pursuant to Section 5-20 of the | ||||||
23 | Illinois Administrative Procedure Act, for
determining | ||||||
24 | whether to issue a stop-work order.
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25 | (y) The Agency shall have authority to release any person | ||||||
26 | from further
responsibility for preventive or corrective |
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| |||||||
1 | action under this Act following
successful completion of | ||||||
2 | preventive or corrective action undertaken by such
person upon | ||||||
3 | written request by the person.
| ||||||
4 | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law. |