Full Text of HB0701 98th General Assembly
HB0701ham001 98TH GENERAL ASSEMBLY | Rep. Keith Farnham Filed: 3/27/2013
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| 1 | | AMENDMENT TO HOUSE BILL 701
| 2 | | AMENDMENT NO. ______. Amend House Bill 701 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 19.2 and 19.3 as follows:
| 6 | | (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
| 7 | | Sec. 19.2.
As used in this Title, unless the context | 8 | | clearly
requires otherwise:
| 9 | | (a) "Agency" means the Illinois Environmental Protection | 10 | | Agency.
| 11 | | (b) "Fund" means the Water Revolving Fund created
pursuant | 12 | | to this Title, consisting of the Water Pollution Control Loan
| 13 | | Program, the Public Water Supply Loan Program,
and the Loan | 14 | | Support Program.
| 15 | | (c) "Loan" means a loan made from the Water Pollution | 16 | | Control
Loan Program or the Public Water Supply Loan Program to |
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| 1 | | an eligible applicant as a result of a
contractual agreement | 2 | | between the Agency and such applicant.
| 3 | | (d) "Construction" means any one or more of the following | 4 | | which is
undertaken for a public purpose: preliminary planning | 5 | | to determine the
feasibility of the treatment works or public | 6 | | water supply, engineering,
architectural, legal,
fiscal or | 7 | | economic investigations or studies, surveys, designs, plans,
| 8 | | working drawings, specifications, procedures or other | 9 | | necessary actions,
erection, building, acquisition, | 10 | | alteration, remodeling, improvement or
extension of treatment | 11 | | works or public water supplies, or the inspection or
| 12 | | supervision of any of
the foregoing items. "Construction" also | 13 | | includes implementation of source
water quality protection | 14 | | measures and establishment and implementation of
wellhead | 15 | | protection programs in accordance with Section 1452(k)(1) of | 16 | | the
federal Safe Drinking Water Act.
| 17 | | (e) "Intended use plan" means a plan which includes a | 18 | | description of the
short and long term goals and objectives of | 19 | | the Water Pollution Control Loan
Program and the Public Water | 20 | | Supply Loan Program, project categories,
discharge | 21 | | requirements, terms of financial assistance and the loan | 22 | | applicants
to be served.
| 23 | | (f) "Treatment works" means any devices and systems owned | 24 | | by a local
government unit and used in the storage, treatment, | 25 | | recycling, and
reclamation of sewerage or industrial wastes of | 26 | | a liquid nature, including
intercepting sewers, outfall |
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| 1 | | sewers, sewage collection systems, pumping
power and other | 2 | | equipment, and appurtenances; extensions,
improvements, | 3 | | remodeling, additions, and alterations thereof; elements
| 4 | | essential to provide a reliable recycled supply, such as | 5 | | standby treatment
units and clear well facilities; and any | 6 | | works, including site acquisition
of the land that will be an | 7 | | integral part of the treatment process for
wastewater | 8 | | facilities.
| 9 | | (g) "Local government unit" means a county, municipality, | 10 | | township,
municipal or county sewerage or utility authority, | 11 | | sanitary district, public
water district, improvement | 12 | | authority or any other political subdivision
whose primary
| 13 | | purpose is to construct, operate and maintain wastewater | 14 | | treatment facilities
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 | | (i) "Maintenance" means any one or more of the following | 24 | | activities that is undertaken for a public purpose aimed at | 25 | | extending the useful life of the project: corrosion mitigation | 26 | | or prevention; cathodic protection; prevention of structural |
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| 1 | | degradation; or other activities necessary to extend the useful | 2 | | life of the treatment works or public water supply. | 3 | | (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, | 4 | | eff. 8-13-99; 92-16, eff. 6-28-01.)
| 5 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 6 | | Sec. 19.3. Water Revolving Fund.
| 7 | | (a) There is hereby created within the State Treasury a | 8 | | Water Revolving
Fund, consisting of 3 interest-bearing special | 9 | | programs to be known as the
Water Pollution Control Loan | 10 | | Program, the Public Water Supply Loan Program, and
the Loan | 11 | | Support Program, which shall be used and administered by the | 12 | | Agency.
| 13 | | (b) The Water Pollution Control Loan Program shall be used | 14 | | and administered
by the Agency to provide assistance for the | 15 | | following purposes:
| 16 | | (1) to accept and retain funds from grant awards, | 17 | | appropriations,
transfers, and payments of interest and | 18 | | principal;
| 19 | | (2) to make direct loans at or below market interest | 20 | | rates and to provide additional subsidization, including, | 21 | | but not limited to, forgiveness of principal, negative | 22 | | interest rates, and grants, to any
eligible local | 23 | | government unit to finance the construction or maintenance | 24 | | of wastewater
treatments works and projects that fulfill | 25 | | federal State Revolving Fund grant requirements for a green |
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| 1 | | project reserve;
| 2 | | (2.5) with respect to funds provided under the American | 3 | | Recovery and Reinvestment Act of 2009: | 4 | | (A) to make direct loans at or below market | 5 | | interest rates to any eligible local government unit | 6 | | and to provide additional subsidization to any | 7 | | eligible local government unit, including, but not | 8 | | limited to, forgiveness of principal, negative | 9 | | interest rates, and grants; | 10 | | (B) to make direct loans at or below market | 11 | | interest rates to any eligible local government unit to | 12 | | buy or refinance debt obligations for treatment works | 13 | | incurred on or after October 1, 2008; and | 14 | | (C) to provide additional subsidization, | 15 | | including, but not limited to, forgiveness of | 16 | | principal, negative interest rates, and grants for | 17 | | treatment works incurred on or after October 1, 2008;
| 18 | | (3) to make direct loans at or below market interest | 19 | | rates and to provide additional subsidization, including, | 20 | | but not limited to, forgiveness of principal, negative | 21 | | interest rates, and grants, to any
eligible local | 22 | | government unit to buy or refinance debt obligations for | 23 | | costs
incurred after March 7, 1985, for the construction or | 24 | | maintenance of wastewater treatment works, and projects | 25 | | that fulfill federal State Revolving Fund grant | 26 | | requirements for a green project reserve;
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| 1 | | (3.5) to make direct loans at or below market interest | 2 | | rates for the
implementation of a management program | 3 | | established under Section 319 of the
Federal Water | 4 | | Pollution Control Act, as amended;
| 5 | | (4) to guarantee or purchase insurance for local | 6 | | obligations
where such action would improve credit market | 7 | | access or reduce interest rates;
| 8 | | (5) as a source of revenue or security for the payment | 9 | | of principal and
interest on revenue or general obligation | 10 | | bonds issued by the State or any
political subdivision or | 11 | | instrumentality thereof, if the proceeds of such
bonds will | 12 | | be deposited in the Fund;
| 13 | | (6) to finance the reasonable costs incurred by the | 14 | | Agency in the
administration of the Fund; and
| 15 | | (7) to transfer funds to the Public Water Supply Loan | 16 | | Program.
| 17 | | (c) The Loan Support Program shall be used and administered | 18 | | by the Agency
for the following purposes:
| 19 | | (1) to accept and retain funds from grant awards and | 20 | | appropriations;
| 21 | | (2) to finance the reasonable costs incurred by the | 22 | | Agency in the
administration of the Fund, including | 23 | | activities under Title III of this
Act, including the | 24 | | administration of the State
construction grant program;
| 25 | | (3) to transfer funds to the Water Pollution Control | 26 | | Loan
Program and the Public Water Supply Loan Program;
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| 1 | | (4) to accept and retain a portion of the loan | 2 | | repayments;
| 3 | | (5) to finance the development of the low interest loan
| 4 | | programs for water pollution control and public water | 5 | | supply projects;
| 6 | | (6) to finance the reasonable costs incurred by the | 7 | | Agency to provide
technical assistance for public water | 8 | | supplies; and
| 9 | | (7) to finance the reasonable costs incurred by the | 10 | | Agency for
public water system supervision programs, to | 11 | | administer or provide for
technical assistance through | 12 | | source water protection programs, to develop and
implement | 13 | | a capacity development strategy, to delineate and assess | 14 | | source water
protection areas, and for an operator | 15 | | certification program in accordance with
Section 1452 of | 16 | | the federal Safe Drinking Water Act.
| 17 | | (d) The Public Water Supply Loan Program shall be used and | 18 | | administered by
the Agency to provide assistance to local | 19 | | government units and privately owned
community water supplies | 20 | | for public water
supplies for the following public purposes:
| 21 | | (1) to accept and retain funds from grant awards, | 22 | | appropriations,
transfers, and payments of interest and | 23 | | principal;
| 24 | | (2) to make direct loans at or below market interest | 25 | | rates and to provide additional subsidization, including, | 26 | | but not limited to, forgiveness of principal, negative |
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| 1 | | interest rates, and grants, to any eligible
local | 2 | | government unit or to any eligible privately owned | 3 | | community water supply
to finance the construction or | 4 | | maintenance of water supplies and projects that fulfill | 5 | | federal State Revolving Fund grant requirements for a green | 6 | | project reserve;
| 7 | | (2.5) with respect to funds provided under the American | 8 | | Recovery and Reinvestment Act of 2009: | 9 | | (A) to make direct loans at or below market | 10 | | interest rates to any eligible local government unit or | 11 | | to any eligible privately owned community water | 12 | | supply, and to provide additional subsidization to any | 13 | | eligible local government unit or to any eligible | 14 | | privately owned community water supply, including, but | 15 | | not limited to, forgiveness of principal, negative | 16 | | interest rates, and grants; | 17 | | (B) to buy or refinance the debt obligation of a | 18 | | local government unit for costs incurred on or after | 19 | | October 1, 2008; and
| 20 | | (C) to provide additional subsidization, | 21 | | including, but not limited to, forgiveness of | 22 | | principal, negative interest rates, and grants for a | 23 | | local government unit for costs incurred on or after | 24 | | October 1, 2008;
| 25 | | (3) to make direct loans at or below market interest | 26 | | rates and to provide additional subsidization, including, |
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| 1 | | but not limited to, forgiveness of principal, negative | 2 | | interest rates, and grants, to any eligible local | 3 | | government unit or to any eligible privately owned | 4 | | community water supply to buy or refinance debt obligations | 5 | | for
costs incurred on or after July 17, 1997, for the | 6 | | construction or maintenance of water supplies and projects | 7 | | that fulfill federal State Revolving Fund requirements for | 8 | | a green project reserve;
| 9 | | (4) to guarantee local obligations where such action | 10 | | would improve credit
market access or reduce interest | 11 | | rates;
| 12 | | (5) as a source of revenue or security for the payment | 13 | | of principal and
interest on revenue or general obligation | 14 | | bonds issued by the State or any
political subdivision or | 15 | | instrumentality thereof, if the proceeds of such
bonds will | 16 | | be deposited into the Fund; and
| 17 | | (6) to transfer funds to the Water Pollution Control | 18 | | Loan Program.
| 19 | | (e) The Agency is designated as the administering agency of | 20 | | the Fund.
The Agency shall submit to the Regional Administrator | 21 | | of the United States
Environmental Protection Agency an | 22 | | intended use plan which outlines the
proposed use of funds | 23 | | available to the State. The Agency shall take all
actions | 24 | | necessary to secure to the State the benefits of the federal
| 25 | | Water Pollution Control Act and the federal Safe Drinking Water | 26 | | Act, as now
or hereafter amended.
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| 1 | | (f) The Agency shall have the power to enter into | 2 | | intergovernmental
agreements with the federal government or | 3 | | the State, or any instrumentality
thereof, for purposes of | 4 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the | 5 | | Water Revolving Fund may be used for the
creation of reserve | 6 | | funds or pledged funds that secure the obligations
of repayment | 7 | | of loans made pursuant to this Section. For the purpose
of | 8 | | obtaining capital for deposit into the Water Revolving Fund, | 9 | | the
Agency may also enter into agreements with financial | 10 | | institutions and other
persons for the purpose of selling loans | 11 | | and developing a secondary market
for such loans. The Agency | 12 | | shall have the power to create and establish such
reserve funds | 13 | | and accounts as may be necessary or desirable to accomplish its
| 14 | | purposes under this subsection and to allocate its available | 15 | | moneys into such
funds and accounts. Investment earnings on | 16 | | moneys held in the Water Revolving
Fund, including any reserve | 17 | | fund or pledged fund, shall be deposited into the
Water | 18 | | Revolving Fund.
| 19 | | (g) To ensure the effective use of funds, produce the | 20 | | highest quality new treatment works, and extend the useful life | 21 | | of existing treatment works, the Agency shall establish | 22 | | contractor requirements on all construction and maintenance | 23 | | projects. These requirements shall be developed in concert with | 24 | | engineers, architects, contractors, unions, and industry | 25 | | recognized partners, such as the National Association of | 26 | | Corrosion Engineers and the Society for Protective Coatings. |
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| 1 | | The requirements shall mandate conformity to the Society of | 2 | | Protective Coatings certifications QP1, QP2, QP3, or any | 3 | | combination of those certifications, as applicable to the scope | 4 | | of the treatment works projects. The Agency shall make | 5 | | compliance with these requirements, including the mandatory | 6 | | certifications, a condition of any party receiving funds for | 7 | | construction or maintenance under this Title. | 8 | | (Source: P.A. 96-8, eff. 4-28-09; 96-917, eff. 6-9-10.)".
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