Full Text of HB5226 96th General Assembly
HB5226enr 96TH GENERAL ASSEMBLY
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 19.3 as follows:
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| (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
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| Sec. 19.3. Water Revolving Fund.
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| (a) There is hereby created within the State Treasury a | 9 |
| Water Revolving
Fund, consisting of 3 interest-bearing special | 10 |
| programs to be known as the
Water Pollution Control Loan | 11 |
| Program, the Public Water Supply Loan Program, and
the Loan | 12 |
| Support Program, which shall be used and administered by the | 13 |
| Agency.
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| (b) The Water Pollution Control Loan Program shall be used | 15 |
| and administered
by the Agency to provide assistance for the | 16 |
| following purposes:
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| (1) to accept and retain funds from grant awards, | 18 |
| appropriations,
transfers, and payments of interest and | 19 |
| principal;
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| (2) to make direct loans at or below market interest | 21 |
| rates and to provide additional subsidization, including, | 22 |
| but not limited to, forgiveness of principal, negative | 23 |
| interest rates, and grants, to any
eligible local |
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| government unit to finance the construction of wastewater
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| treatments works and projects that fulfill federal State | 3 |
| Revolving Fund grant requirements for a green project | 4 |
| reserve ;
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| (2.5) with respect to funds provided under the American | 6 |
| Recovery and Reinvestment Act of 2009: | 7 |
| (A) to make direct loans at or below market | 8 |
| interest rates to any eligible local government unit | 9 |
| and to provide additional subsidization to any | 10 |
| eligible local government unit, including, but not | 11 |
| limited to, forgiveness of principal, negative | 12 |
| interest rates, and grants; | 13 |
| (B) to make direct loans at or below market | 14 |
| interest rates to any eligible local government unit to | 15 |
| buy or refinance debt obligations for treatment works | 16 |
| incurred on or after October 1, 2008; and | 17 |
| (C) to provide additional subsidization, | 18 |
| including, but not limited to, forgiveness of | 19 |
| principal, negative interest rates, and grants for | 20 |
| treatment works incurred on or after October 1, 2008;
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| (3) to make direct loans at or below market interest | 22 |
| rates and to provide additional subsidization, including, | 23 |
| but not limited to, forgiveness of principal, negative | 24 |
| interest rates, and grants, to any
eligible local | 25 |
| government unit to buy or refinance debt obligations for | 26 |
| costs
treatment works incurred after March 7, 1985 , for the |
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| construction of wastewater treatment works, and projects | 2 |
| that fulfill federal State Revolving Fund grant | 3 |
| requirements for a green project reserve ;
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| (3.5) to make direct loans at or below market interest | 5 |
| rates for the
implementation of a management program | 6 |
| established under Section 319 of the
Federal Water | 7 |
| Pollution Control Act, as amended;
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| (4) to guarantee or purchase insurance for local | 9 |
| obligations
where such action would improve credit market | 10 |
| access or reduce interest rates;
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| (5) as a source of revenue or security for the payment | 12 |
| of principal and
interest on revenue or general obligation | 13 |
| bonds issued by the State or any
political subdivision or | 14 |
| instrumentality thereof, if the proceeds of such
bonds will | 15 |
| be deposited in the Fund;
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| (6) to finance the reasonable costs incurred by the | 17 |
| Agency in the
administration of the Fund; and
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| (7) to transfer funds to the Public Water Supply Loan | 19 |
| Program.
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| (c) The Loan Support Program shall be used and administered | 21 |
| by the Agency
for the following purposes:
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| (1) to accept and retain funds from grant awards and | 23 |
| appropriations;
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| (2) to finance the reasonable costs incurred by the | 25 |
| Agency in the
administration of the Fund, including | 26 |
| activities under Title III of this
Act, including the |
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| administration of the State
construction grant program;
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| (3) to transfer funds to the Water Pollution Control | 3 |
| Loan
Program and the Public Water Supply Loan Program;
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| (4) to accept and retain a portion of the loan | 5 |
| repayments;
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| (5) to finance the development of the low interest loan
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| programs program for water pollution control and public | 8 |
| water supply projects;
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| (6) to finance the reasonable costs incurred by the | 10 |
| Agency to provide
technical assistance for public water | 11 |
| supplies; and
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| (7) to finance the reasonable costs incurred by the | 13 |
| Agency for
public water system supervision programs, to | 14 |
| administer or provide for
technical assistance through | 15 |
| source water protection programs, to develop and
implement | 16 |
| a capacity development strategy, to delineate and assess | 17 |
| source water
protection areas, and for an operator | 18 |
| certification program in accordance with
Section 1452 of | 19 |
| the federal Safe Drinking Water Act.
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| (d) The Public Water Supply Loan Program shall be used and | 21 |
| administered by
the Agency to provide assistance to local | 22 |
| government units and privately owned
community water supplies | 23 |
| for public water
supplies for the following public purposes:
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| (1) to accept and retain funds from grant awards, | 25 |
| appropriations,
transfers, and payments of interest and | 26 |
| principal;
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| (2) to make direct loans at or below market interest | 2 |
| rates and to provide additional subsidization, including, | 3 |
| but not limited to, forgiveness of principal, negative | 4 |
| interest rates, and grants, to any eligible
local | 5 |
| government unit or to any eligible privately owned | 6 |
| community water supply
to finance the construction of water | 7 |
| supplies and projects that fulfill federal State Revolving | 8 |
| Fund grant requirements for a green project reserve ;
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| (2.5) with respect to funds provided under the American | 10 |
| Recovery and Reinvestment Act of 2009: | 11 |
| (A) to make direct loans at or below market | 12 |
| interest rates to any eligible local government unit or | 13 |
| to any eligible privately owned community water | 14 |
| supply, and to provide additional subsidization to any | 15 |
| eligible local government unit or to any eligible | 16 |
| privately owned community water supply, including, but | 17 |
| not limited to, forgiveness of principal, negative | 18 |
| interest rates, and grants; | 19 |
| (B) to buy or refinance the debt obligation of a | 20 |
| local government unit for costs incurred on or after | 21 |
| October 1, 2008; and
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| (C) to provide additional subsidization, | 23 |
| including, but not limited to, forgiveness of | 24 |
| principal, negative interest rates, and grants for a | 25 |
| local government unit for costs incurred on or after | 26 |
| October 1, 2008;
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| (3) to make direct loans at or below market interest | 2 |
| rates and to provide additional subsidization, including, | 3 |
| but not limited to, forgiveness of principal, negative | 4 |
| interest rates, and grants, to any eligible local | 5 |
| government unit or to any eligible privately owned | 6 |
| community water supply to buy or refinance the debt | 7 |
| obligations obligation of a local government unit for
costs | 8 |
| incurred on or after July 17, 1997 , for the construction of | 9 |
| water supplies and projects that fulfill federal State | 10 |
| Revolving Fund requirements for a green project reserve ;
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| (4) to guarantee local obligations where such action | 12 |
| would improve credit
market access or reduce interest | 13 |
| rates;
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| (5) as a source of revenue or security for the payment | 15 |
| of principal and
interest on revenue or general obligation | 16 |
| bonds issued by the State or any
political subdivision or | 17 |
| instrumentality thereof, if the proceeds of such
bonds will | 18 |
| be deposited into the Fund; and
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| (6) to transfer funds to the Water Pollution Control | 20 |
| Loan Program.
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| (e) The Agency is designated as the administering agency of | 22 |
| the Fund.
The Agency shall submit to the Regional Administrator | 23 |
| of the United States
Environmental Protection Agency an | 24 |
| intended use plan which outlines the
proposed use of funds | 25 |
| available to the State. The Agency shall take all
actions | 26 |
| necessary to secure to the State the benefits of the federal
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HB5226 Enrolled |
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LRB096 18771 JDS 34156 b |
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| Water Pollution Control Act and the federal Safe Drinking Water | 2 |
| Act, as now
or hereafter amended.
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| (f) The Agency shall have the power to enter into | 4 |
| intergovernmental
agreements with the federal government or | 5 |
| the State, or any instrumentality
thereof, for purposes of | 6 |
| capitalizing the Water Revolving Fund.
Moneys on deposit in the | 7 |
| Water Revolving Fund may be used for the
creation of reserve | 8 |
| funds or pledged funds that secure the obligations
of repayment | 9 |
| of loans made pursuant to this Section. For the purpose
of | 10 |
| obtaining capital for deposit into the Water Revolving Fund, | 11 |
| the
Agency may also enter into agreements with financial | 12 |
| institutions and other
persons for the purpose of selling loans | 13 |
| and developing a secondary market
for such loans. The Agency | 14 |
| shall have the power to create and establish such
reserve funds | 15 |
| and accounts as may be necessary or desirable to accomplish its
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| purposes under this subsection and to allocate its available | 17 |
| moneys into such
funds and accounts. Investment earnings on | 18 |
| moneys held in the Water Revolving
Fund, including any reserve | 19 |
| fund or pledged fund, shall be deposited into the
Water | 20 |
| Revolving Fund.
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| (Source: P.A. 96-8, eff. 4-28-09.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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