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1 | | (c) that local government units and privately owned |
2 | | community water
supplies require assistance in financing the |
3 | | construction of their public
water supplies to comply with |
4 | | State and federal drinking water laws and
regulations;
|
5 | | (d) that the federal Safe Drinking Water Act ("SDWA"), P.L. |
6 | | 93-523, as now or hereafter amended, provides an important |
7 | | source of
capitalization grant awards to the State to provide |
8 | | assistance to local
government units and privately owned |
9 | | community water supplies through the
Public Water Supply Loan |
10 | | Program;
|
11 | | (e) that violations of State and federal drinking water |
12 | | standards
threaten the public interest, safety, and welfare, |
13 | | which demands that
the Illinois Environmental Protection |
14 | | Agency expeditiously adopt
emergency rules to administer the |
15 | | Public Water Supply Loan Program;
|
16 | | (f) that the General Assembly agrees with the conclusions |
17 | | and
recommendations of the "Report to the Illinois General |
18 | | Assembly on the Issue
of Expanding Public Water Supply Loan |
19 | | Eligibility to Privately Owned Community
Water Supplies", |
20 | | dated August 1998, including the stated access to the Public
|
21 | | Water Supply Loan Program by the privately owned public water |
22 | | supplies so that
the long term integrity and viability of the |
23 | | corpus of the Fund will be
assured; and
|
24 | | (g) that the American Recovery and Reinvestment Act of 2009 |
25 | | provides a source of capitalization grant awards to the State |
26 | | to provide loans and additional subsidization, including, but |
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1 | | not limited to, forgiveness of principal, negative interest |
2 | | loans, and grants, to local government units through the Water |
3 | | Pollution Control Loan Program and to local government units |
4 | | and privately owned community water supplies through the Public |
5 | | Water Supply Loan Program ; . |
6 | | (h) that expanding eligibility to include publicly owned |
7 | | municipal storm water projects eligible for financing as |
8 | | treatment works, as defined under Section 212 of the Federal |
9 | | Water Pollution Control Act, will provide the Agency with the |
10 | | statutory authority to use moneys in the Water Pollution |
11 | | Control Loan Program to provide financial assistance for |
12 | | eligible projects, including those that encourage green |
13 | | infrastructure, that manage and treat storm water, and that |
14 | | maintain and restore natural hydrology by infiltrating, |
15 | | evapotranspiring, and capturing and using storm water; |
16 | | (i) that in planning projects for which financing will be |
17 | | sought from the Water Pollution Control Loan Program, |
18 | | municipalities may benefit from efforts to consider a project's |
19 | | lifetime costs; the availability of long-term funding for the |
20 | | construction, operation, maintenance, and replacement of the |
21 | | project; the resilience of the project to the effects of |
22 | | climate change; the project's ability to increase water |
23 | | efficiency; the capacity of the project to restore natural |
24 | | hydrology or to preserve or restore landscape features; the |
25 | | cost-effectiveness of the project; and the overall |
26 | | environmental innovativeness of the project; and |
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1 | | (j) that projects implementing a management program |
2 | | established under Section 319 of the Federal Water Pollution |
3 | | Control Act may benefit from the creation of a linked deposit |
4 | | program that would make loans available at or below market |
5 | | interest rates through private lenders. |
6 | | (Source: P.A. 96-8, eff. 4-28-09.)
|
7 | | (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
|
8 | | Sec. 19.2.
As used in this Title, unless the context |
9 | | clearly
requires otherwise:
|
10 | | (a) "Agency" means the Illinois Environmental Protection |
11 | | Agency.
|
12 | | (b) "Fund" means the Water Revolving Fund created
pursuant |
13 | | to this Title, consisting of the Water Pollution Control Loan
|
14 | | Program, the Public Water Supply Loan Program,
and the Loan |
15 | | Support Program.
|
16 | | (c) "Loan" means a loan made from the Water Pollution |
17 | | Control
Loan Program or the Public Water Supply Loan Program to |
18 | | an eligible applicant as a result of a
contractual agreement |
19 | | between the Agency and such applicant.
|
20 | | (d) "Construction" means any one or more of the following |
21 | | which is
undertaken for a public purpose: preliminary planning |
22 | | to determine the
feasibility of the treatment works or public |
23 | | water supply, engineering,
architectural, legal,
fiscal or |
24 | | economic investigations or studies, surveys, designs, plans,
|
25 | | working drawings, specifications, procedures or other |
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1 | | necessary actions,
erection, building, acquisition, |
2 | | alteration, remodeling, improvement or
extension of treatment |
3 | | works or public water supplies, or the inspection or
|
4 | | supervision of any of
the foregoing items. "Construction" also |
5 | | includes implementation of source
water quality protection |
6 | | measures and establishment and implementation of
wellhead |
7 | | protection programs in accordance with Section 1452(k)(1) of |
8 | | the
federal Safe Drinking Water Act.
|
9 | | (e) "Intended use plan" means a plan which includes a |
10 | | description of the
short and long term goals and objectives of |
11 | | the Water Pollution Control Loan
Program and the Public Water |
12 | | Supply Loan Program, project categories,
discharge |
13 | | requirements, terms of financial assistance and the loan |
14 | | applicants
to be served.
|
15 | | (f) "Treatment works" means treatment works, as defined in |
16 | | Section 212 of the Federal Water Pollution Control Act, |
17 | | including, but not limited to, the following: any devices and |
18 | | systems owned by a local
government unit and used in the |
19 | | storage, treatment, recycling, and
reclamation of sewerage or |
20 | | industrial wastes of a liquid nature, including
intercepting |
21 | | sewers, outfall sewers, sewage collection systems, pumping
|
22 | | power and other equipment, and appurtenances; extensions,
|
23 | | improvements, remodeling, additions, and alterations thereof; |
24 | | elements
essential to provide a reliable recycled supply, such |
25 | | as standby treatment
units and clear well facilities; and any |
26 | | works, including site acquisition
of the land that will be an |
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1 | | integral part of the treatment process for
wastewater |
2 | | facilities ; and any other method or system for preventing, |
3 | | abating, reducing, storing, treating, separating, or disposing |
4 | | of municipal waste, including storm water runoff, or industrial |
5 | | waste, including waste in combined storm water and sanitary |
6 | | sewer systems as those terms are defined in the Federal Water |
7 | | Pollution Control Act .
|
8 | | (g) "Local government unit" means a county, municipality, |
9 | | township,
municipal or county sewerage or utility authority, |
10 | | sanitary district, public
water district, improvement |
11 | | authority or any other political subdivision
whose primary
|
12 | | purpose is to construct, operate and maintain wastewater |
13 | | treatment facilities , including storm water treatment systems,
|
14 | | or public water supply facilities or both.
|
15 | | (h) "Privately owned community water supply" means:
|
16 | | (1) an investor-owned water utility, if under Illinois |
17 | | Commerce Commission
regulation and operating as a separate |
18 | | and distinct water utility;
|
19 | | (2) a not-for-profit water corporation, if operating |
20 | | specifically as a
water utility; and
|
21 | | (3) a mutually owned or cooperatively owned community |
22 | | water system, if
operating
as a separate water utility.
|
23 | | (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, |
24 | | eff. 8-13-99; 92-16, eff. 6-28-01.)
|
25 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
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1 | | Sec. 19.3. Water Revolving Fund.
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2 | | (a) There is hereby created within the State Treasury a |
3 | | Water Revolving
Fund, consisting of 3 interest-bearing special |
4 | | programs to be known as the
Water Pollution Control Loan |
5 | | Program, the Public Water Supply Loan Program, and
the Loan |
6 | | Support Program, which shall be used and administered by the |
7 | | Agency.
|
8 | | (b) The Water Pollution Control Loan Program shall be used |
9 | | and administered
by the Agency to provide assistance for the |
10 | | following purposes:
|
11 | | (1) to accept and retain funds from grant awards, |
12 | | appropriations,
transfers, and payments of interest and |
13 | | principal;
|
14 | | (2) to make direct loans at or below market interest |
15 | | rates and to provide additional subsidization, including, |
16 | | but not limited to, forgiveness of principal, negative |
17 | | interest rates, and grants, to any
eligible local |
18 | | government unit to finance the construction of wastewater
|
19 | | treatments works , including storm water treatment systems |
20 | | that are treatment works, and projects that fulfill federal |
21 | | State Revolving Fund grant requirements for a green project |
22 | | reserve;
|
23 | | (2.5) with respect to funds provided under the American |
24 | | Recovery and Reinvestment Act of 2009: |
25 | | (A) to make direct loans at or below market |
26 | | interest rates to any eligible local government unit |
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1 | | and to provide additional subsidization to any |
2 | | eligible local government unit, including, but not |
3 | | limited to, forgiveness of principal, negative |
4 | | interest rates, and grants; |
5 | | (B) to make direct loans at or below market |
6 | | interest rates to any eligible local government unit to |
7 | | buy or refinance debt obligations for treatment works |
8 | | incurred on or after October 1, 2008; and |
9 | | (C) to provide additional subsidization, |
10 | | including, but not limited to, forgiveness of |
11 | | principal, negative interest rates, and grants for |
12 | | treatment works incurred on or after October 1, 2008;
|
13 | | (3) to make direct loans at or below market interest |
14 | | rates and to provide additional subsidization, including, |
15 | | but not limited to, forgiveness of principal, negative |
16 | | interest rates, and grants, to any
eligible local |
17 | | government unit to buy or refinance debt obligations for |
18 | | costs
incurred after March 7, 1985, for the construction of |
19 | | wastewater treatment works , including storm water |
20 | | treatment systems that are treatment works , and projects |
21 | | that fulfill federal State Revolving Fund grant |
22 | | requirements for a green project reserve;
|
23 | | (3.5) to make direct loans , including, but not limited |
24 | | to, loans through a linked deposit program, at or below |
25 | | market interest rates for the
implementation of a |
26 | | management program established under Section 319 of the
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1 | | Federal Water Pollution Control Act, as amended;
|
2 | | (4) to guarantee or purchase insurance for local |
3 | | obligations
where such action would improve credit market |
4 | | access or reduce interest rates;
|
5 | | (5) as a source of revenue or security for the payment |
6 | | of principal and
interest on revenue or general obligation |
7 | | bonds issued by the State or any
political subdivision or |
8 | | instrumentality thereof, if the proceeds of such
bonds will |
9 | | be deposited in the Fund;
|
10 | | (6) to finance the reasonable costs incurred by the |
11 | | Agency in the
administration of the Fund; and
|
12 | | (7) to transfer funds to the Public Water Supply Loan |
13 | | Program ; and .
|
14 | | (8) notwithstanding any other provision of this |
15 | | subsection (b), to provide, in accordance with rules |
16 | | adopted under this Title, any financial assistance that may |
17 | | be provided under Section 603 of the Federal Water |
18 | | Pollution Control Act for any projects eligible for |
19 | | assistance under subsections (c)(1) or (c)(2) of that |
20 | | Section or federal rules adopted under those subsections. |
21 | | (c) The Loan Support Program shall be used and administered |
22 | | by the Agency
for the following purposes:
|
23 | | (1) to accept and retain funds from grant awards and |
24 | | appropriations;
|
25 | | (2) to finance the reasonable costs incurred by the |
26 | | Agency in the
administration of the Fund, including |
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1 | | activities under Title III of this
Act, including the |
2 | | administration of the State
construction grant program;
|
3 | | (3) to transfer funds to the Water Pollution Control |
4 | | Loan
Program and the Public Water Supply Loan Program;
|
5 | | (4) to accept and retain a portion of the loan |
6 | | repayments;
|
7 | | (5) to finance the development of the low interest loan
|
8 | | programs for water pollution control and public water |
9 | | supply projects;
|
10 | | (6) to finance the reasonable costs incurred by the |
11 | | Agency to provide
technical assistance for public water |
12 | | supplies; and
|
13 | | (7) to finance the reasonable costs incurred by the |
14 | | Agency for
public water system supervision programs, to |
15 | | administer or provide for
technical assistance through |
16 | | source water protection programs, to develop and
implement |
17 | | a capacity development strategy, to delineate and assess |
18 | | source water
protection areas, and for an operator |
19 | | certification program in accordance with
Section 1452 of |
20 | | the federal Safe Drinking Water Act.
|
21 | | (d) The Public Water Supply Loan Program shall be used and |
22 | | administered by
the Agency to provide assistance to local |
23 | | government units and privately owned
community water supplies |
24 | | for public water
supplies for the following public purposes:
|
25 | | (1) to accept and retain funds from grant awards, |
26 | | appropriations,
transfers, and payments of interest and |
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1 | | principal;
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2 | | (2) to make direct loans at or below market interest |
3 | | rates and to provide additional subsidization, including, |
4 | | but not limited to, forgiveness of principal, negative |
5 | | interest rates, and grants, to any eligible
local |
6 | | government unit or to any eligible privately owned |
7 | | community water supply
to finance the construction of water |
8 | | supplies and projects that fulfill federal State Revolving |
9 | | Fund grant requirements for a green project reserve;
|
10 | | (2.5) with respect to funds provided under the American |
11 | | Recovery and Reinvestment Act of 2009: |
12 | | (A) to make direct loans at or below market |
13 | | interest rates to any eligible local government unit or |
14 | | to any eligible privately owned community water |
15 | | supply, and to provide additional subsidization to any |
16 | | eligible local government unit or to any eligible |
17 | | privately owned community water supply, including, but |
18 | | not limited to, forgiveness of principal, negative |
19 | | interest rates, and grants; |
20 | | (B) to buy or refinance the debt obligation of a |
21 | | local government unit for costs incurred on or after |
22 | | October 1, 2008; and
|
23 | | (C) to provide additional subsidization, |
24 | | including, but not limited to, forgiveness of |
25 | | principal, negative interest rates, and grants for a |
26 | | local government unit for costs incurred on or after |
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1 | | October 1, 2008;
|
2 | | (3) to make direct loans at or below market interest |
3 | | rates and to provide additional subsidization, including, |
4 | | but not limited to, forgiveness of principal, negative |
5 | | interest rates, and grants, to any eligible local |
6 | | government unit or to any eligible privately owned |
7 | | community water supply to buy or refinance debt obligations |
8 | | for
costs incurred on or after July 17, 1997, for the |
9 | | construction of water supplies and projects that fulfill |
10 | | federal State Revolving Fund requirements for a green |
11 | | project reserve;
|
12 | | (4) to guarantee local obligations where such action |
13 | | would improve credit
market access or reduce interest |
14 | | rates;
|
15 | | (5) as a source of revenue or security for the payment |
16 | | of principal and
interest on revenue or general obligation |
17 | | bonds issued by the State or any
political subdivision or |
18 | | instrumentality thereof, if the proceeds of such
bonds will |
19 | | be deposited into the Fund; and
|
20 | | (6) to transfer funds to the Water Pollution Control |
21 | | Loan Program.
|
22 | | (e) The Agency is designated as the administering agency of |
23 | | the Fund.
The Agency shall submit to the Regional Administrator |
24 | | of the United States
Environmental Protection Agency an |
25 | | intended use plan which outlines the
proposed use of funds |
26 | | available to the State. The Agency shall take all
actions |
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1 | | necessary to secure to the State the benefits of the federal
|
2 | | Water Pollution Control Act and the federal Safe Drinking Water |
3 | | Act, as now
or hereafter amended.
|
4 | | (f) The Agency shall have the power to enter into |
5 | | intergovernmental
agreements with the federal government or |
6 | | the State, or any instrumentality
thereof, for purposes of |
7 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the |
8 | | Water Revolving Fund may be used for the
creation of reserve |
9 | | funds or pledged funds that secure the obligations
of repayment |
10 | | of loans made pursuant to this Section. For the purpose
of |
11 | | obtaining capital for deposit into the Water Revolving Fund, |
12 | | the
Agency may also enter into agreements with financial |
13 | | institutions and other
persons for the purpose of selling loans |
14 | | and developing a secondary market
for such loans. The Agency |
15 | | shall have the power to create and establish such
reserve funds |
16 | | and accounts as may be necessary or desirable to accomplish its
|
17 | | purposes under this subsection and to allocate its available |
18 | | moneys into such
funds and accounts. Investment earnings on |
19 | | moneys held in the Water Revolving
Fund, including any reserve |
20 | | fund or pledged fund, shall be deposited into the
Water |
21 | | Revolving Fund.
|
22 | | (Source: P.A. 96-8, eff. 4-28-09; 96-917, eff. 6-9-10.)
|
23 | | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
|
24 | | Sec. 19.4. Regulations; priorities.
|
25 | | (a) The Agency shall have the authority to promulgate
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1 | | regulations for the administration of this Title, including, |
2 | | but not limited to, rules setting to set forth procedures and |
3 | | criteria concerning loan
applications and the issuance of |
4 | | loans . For loans to units of local government, the regulations |
5 | | shall
include, but need not be limited to, the following |
6 | | elements:
|
7 | | (1) loan application requirements;
|
8 | | (2) determination of credit worthiness of the loan |
9 | | applicant;
|
10 | | (3) special loan terms, as necessary, for securing the |
11 | | repayment of the
loan;
|
12 | | (4) assurance of payment;
|
13 | | (5) interest rates;
|
14 | | (6) loan support rates;
|
15 | | (7) impact on user charges;
|
16 | | (8) eligibility of proposed construction;
|
17 | | (9) priority of needs;
|
18 | | (10) special loan terms for disadvantaged communities;
|
19 | | (11) maximum limits on annual distributions of funds to |
20 | | applicants
or groups of applicants;
|
21 | | (12) penalties for noncompliance with loan |
22 | | requirements and conditions,
including stop-work orders, |
23 | | termination, and recovery of loan funds; and
|
24 | | (13) indemnification of the State of Illinois and the |
25 | | Agency by the loan
recipient.
|
26 | | (b) The Agency shall have the authority to promulgate |
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1 | | regulations to set
forth procedures and criteria concerning |
2 | | loan applications for loan recipients
other than units of local |
3 | | government. In addition to all of the elements
required for |
4 | | units of local government under subsection (a), the regulations
|
5 | | shall include, but need not be limited to, the following |
6 | | elements:
|
7 | | (1) types of security required for the loan;
|
8 | | (2) types of collateral, as necessary, that can be |
9 | | pledged for the loan;
and
|
10 | | (3) staged access to fund privately owned community |
11 | | water supplies.
|
12 | | (c) Rules adopted under this Title shall also include, but |
13 | | shall not be limited to, criteria for prioritizing the issuance |
14 | | of loans under this Title according to applicant need. The |
15 | | Agency shall develop and maintain a priority list of loan
|
16 | | applicants as categorized by need.
Priority in making loans |
17 | | from the Public Water Supply Loan Program must first
be given |
18 | | to local government units and privately owned community water |
19 | | supplies
that need to make capital improvements to
protect |
20 | | human health and to achieve compliance with the State and |
21 | | federal
primary drinking water standards adopted pursuant to |
22 | | this Act and the federal
Safe Drinking Water Act, as now and |
23 | | hereafter amended. Rules for prioritizing loans from the Water |
24 | | Pollution Control Loan Program may include, but shall not be |
25 | | limited to, criteria designed to encourage green |
26 | | infrastructure, water efficiency, environmentally innovative |
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1 | | projects, and nutrient pollution removal. |
2 | | (d) The Agency shall have the authority to promulgate |
3 | | regulations to set forth procedures and criteria concerning |
4 | | loan applications for funds provided under the American |
5 | | Recovery and Reinvestment Act of 2009. In addition, due to time |
6 | | constraints in the American Recovery and Reinvestment Act of |
7 | | 2009, the Agency shall adopt emergency rules as necessary to |
8 | | allow the timely administration of funds provided under the |
9 | | American Recovery and Reinvestment Act of 2009. Emergency rules |
10 | | adopted under this subsection (d) shall be adopted in |
11 | | accordance with Section 5-45 of the Illinois Administrative |
12 | | Procedure Act. |
13 | | (e) The Agency may adopt rules to create a linked deposit |
14 | | loan program through which loans made pursuant to paragraph |
15 | | (3.5) of subsection (b) of Section 19.3 may be made through |
16 | | private lenders. Rules adopted under this subsection (e) shall |
17 | | include, but shall not be limited to, provisions requiring |
18 | | private lenders, prior to disbursing loan proceeds through the |
19 | | linked deposit loan program, to verify that the loan recipients |
20 | | have been approved by the Agency for financing under paragraph |
21 | | (3.5) of subsection (b) of Section 19.3. |
22 | | (Source: P.A. 96-8, eff. 4-28-09.)
|
23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.".
|