Full Text of HB4382 98th General Assembly
HB4382 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4382 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/4 | from Ch. 111 1/2, par. 1004 | 415 ILCS 5/19.2 | from Ch. 111 1/2, par. 1019.2 | 415 ILCS 5/19.3 | from Ch. 111 1/2, par. 1019.3 |
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Amends the Environmental Protection Act. Removes a provision requiring rule to include a requirement for a local match of 30% of the
total project cost for projects funded through grants. Adds to the definition of "treatment works". Provides that the Water Pollution Control Loan Program shall be used and administered
by the Environmental Protection Agency to provide any financial assistance that may be provided under a specified provision of the Federal Water Pollution Control Act for any projects eligible for assistance under that provision. 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 Sections 4, 19.2 and 19.3 as follows:
| 6 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| 7 | | Sec. 4. Environmental Protection Agency; establishment; | 8 | | duties.
| 9 | | (a) There is established in the Executive Branch of the | 10 | | State Government an
agency to be known as the Environmental | 11 | | Protection Agency. This Agency shall
be under the supervision | 12 | | and direction of a Director who shall be appointed by
the | 13 | | Governor with the advice and consent of the Senate. The term of | 14 | | office
of the Director shall expire on the third Monday of | 15 | | January in odd numbered
years, provided that he or she shall | 16 | | hold office until a successor is appointed
and has qualified. | 17 | | The Director shall
receive an annual salary as set by
the | 18 | | Compensation Review Board. The Director, in accord with the | 19 | | Personnel Code, shall employ and
direct such personnel, and | 20 | | shall provide for such laboratory and other
facilities, as may | 21 | | be necessary to carry out the purposes of this Act. In
| 22 | | addition, the Director may by agreement secure such services as | 23 | | he or she
may deem necessary from any other department, agency, |
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| 1 | | or unit of the State
Government, and may employ and compensate | 2 | | such consultants and technical
assistants as may be required.
| 3 | | (b) The Agency shall have the duty to collect and | 4 | | disseminate such
information, acquire such technical data, and | 5 | | conduct such experiments
as may be required to carry out the | 6 | | purposes of this Act, including
ascertainment of the quantity | 7 | | and nature of discharges from any
contaminant source and data | 8 | | on those sources, and to operate and arrange
for the operation | 9 | | of devices for the monitoring of environmental quality.
| 10 | | (c) The Agency shall have authority to conduct a program of
| 11 | | continuing surveillance and of regular or periodic inspection | 12 | | of actual
or potential contaminant or noise sources, of public | 13 | | water supplies, and
of refuse disposal sites.
| 14 | | (d) In accordance with constitutional limitations,
the | 15 | | Agency shall have authority to enter at all reasonable times
| 16 | | upon any private or public property for the purpose of:
| 17 | | (1) Inspecting and investigating to ascertain possible | 18 | | violations of
this Act, any rule or regulation adopted | 19 | | under this Act, any permit or
term or condition of a | 20 | | permit, or any Board order; or
| 21 | | (2) In accordance with the provisions of this Act, | 22 | | taking whatever
preventive or corrective action, including | 23 | | but not limited to removal or
remedial action, that is | 24 | | necessary or appropriate whenever there is a
release or a | 25 | | substantial threat of a release of (A) a hazardous
| 26 | | substance or pesticide or (B) petroleum from an underground |
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| 1 | | storage tank.
| 2 | | (e) The Agency shall have the duty to investigate | 3 | | violations of this
Act, any rule or regulation adopted under | 4 | | this Act, any permit or
term or condition of a permit, or any | 5 | | Board order;
to issue administrative citations as provided in | 6 | | Section 31.1 of this
Act; and to take such summary enforcement | 7 | | action as is provided
for by Section 34 of this Act.
| 8 | | (f) The Agency shall appear before the Board in any hearing | 9 | | upon a
petition for variance, the denial of a permit, or the | 10 | | validity or effect
of a rule or regulation of the Board, and | 11 | | shall have the authority to
appear before the Board in any | 12 | | hearing under the Act.
| 13 | | (g) The Agency shall have the duty to administer, in accord | 14 | | with
Title X of this Act, such permit and certification systems | 15 | | as may be
established by this Act or by regulations adopted | 16 | | thereunder.
The Agency may enter into written delegation | 17 | | agreements with any department,
agency, or unit of State or | 18 | | local government under which all or portions
of this duty may | 19 | | be delegated for public water supply storage and transport
| 20 | | systems, sewage collection and transport systems, air | 21 | | pollution control
sources with uncontrolled emissions of 100 | 22 | | tons per year or less and
application of algicides to waters of | 23 | | the State. Such delegation
agreements will require that the | 24 | | work to be performed thereunder will be
in accordance with | 25 | | Agency criteria, subject to Agency review, and shall
include | 26 | | such financial and program auditing by the Agency as may be |
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| 1 | | required.
| 2 | | (h) The Agency shall have authority to require the | 3 | | submission of
complete plans and specifications from any | 4 | | applicant for a permit
required by this Act or by regulations | 5 | | thereunder, and to require the
submission of such reports | 6 | | regarding actual or potential violations of
this Act, any rule | 7 | | or regulation adopted under this Act, any permit or
term or | 8 | | condition of a permit, or any Board order, as may be necessary | 9 | | for the purposes of
this Act.
| 10 | | (i) The Agency shall have authority to make recommendations | 11 | | to the
Board for the adoption of regulations under Title VII of | 12 | | the Act.
| 13 | | (j) The Agency shall have the duty to represent the State | 14 | | of
Illinois in any and all matters pertaining to plans, | 15 | | procedures, or
negotiations for interstate compacts or other | 16 | | governmental arrangements
relating to environmental | 17 | | protection.
| 18 | | (k) The Agency shall have the authority to accept, receive, | 19 | | and
administer on behalf of the State any grants, gifts, loans, | 20 | | indirect cost
reimbursements, or other funds made available to | 21 | | the State from any source
for purposes of this Act or for air | 22 | | or water pollution control, public water
supply, solid waste | 23 | | disposal, noise abatement, or other environmental
protection | 24 | | activities, surveys, or programs. Any federal funds received by | 25 | | the
Agency pursuant to this subsection shall be deposited in a | 26 | | trust fund with the
State Treasurer and held and disbursed by |
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| 1 | | him in accordance with Treasurer as
Custodian of Funds Act, | 2 | | provided that such monies shall be used only for the
purposes | 3 | | for which they are contributed and any balance remaining shall | 4 | | be
returned to the contributor.
| 5 | | The Agency is authorized to promulgate such regulations and | 6 | | enter
into such contracts as it may deem necessary for carrying | 7 | | out the
provisions of this subsection.
| 8 | | (l) The Agency is hereby designated as water pollution | 9 | | agency for
the state for all purposes of the Federal Water | 10 | | Pollution Control Act, as
amended; as implementing agency for | 11 | | the State for all purposes of the Safe
Drinking Water Act, | 12 | | Public Law 93-523, as now or hereafter amended, except
Section | 13 | | 1425 of that Act; as air pollution agency for the state for all
| 14 | | purposes of the Clean Air Act of 1970, Public Law 91-604, | 15 | | approved December 31,
1970, as amended; and as solid waste | 16 | | agency for the state for all purposes of
the Solid Waste | 17 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | 18 | | amended by the Resource Recovery Act of 1970, Public Law | 19 | | 91-512, approved
October 26, 1970, as amended, and amended by | 20 | | the Resource Conservation and
Recovery Act of 1976, (P.L. | 21 | | 94-580) approved October 21, 1976, as amended; as
noise control | 22 | | agency for the state for all purposes of the Noise Control Act | 23 | | of
1972, Public Law 92-574, approved October 27, 1972, as | 24 | | amended; and as
implementing agency for the State for all | 25 | | purposes of the Comprehensive
Environmental Response, | 26 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as |
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| 1 | | amended; and otherwise as pollution control agency for the | 2 | | State pursuant
to federal laws integrated with the foregoing | 3 | | laws, for financing purposes or
otherwise. The Agency is hereby | 4 | | authorized to take all action necessary or
appropriate to | 5 | | secure to the State the benefits of such federal Acts, provided
| 6 | | that the Agency shall transmit to the United States without | 7 | | change any
standards adopted by the Pollution Control Board | 8 | | pursuant to Section 5(c) of
this Act. This subsection (l) of | 9 | | Section 4 shall not be construed to bar or
prohibit the | 10 | | Environmental Protection Trust Fund Commission from accepting,
| 11 | | receiving, and administering on behalf of the State any grants, | 12 | | gifts,
loans or other funds for which the Commission is | 13 | | eligible pursuant to the
Environmental Protection Trust Fund | 14 | | Act. The Agency is hereby designated as
the State agency for | 15 | | all purposes of administering the requirements of Section
313 | 16 | | of the federal Emergency Planning and Community Right-to-Know | 17 | | Act of 1986.
| 18 | | Any municipality, sanitary district, or other political | 19 | | subdivision,
or any Agency of the State or interstate Agency, | 20 | | which makes application
for loans or grants under such federal | 21 | | Acts shall notify the Agency of
such application; the Agency | 22 | | may participate in proceedings under such
federal Acts.
| 23 | | (m) The Agency shall have authority, consistent with | 24 | | Section 5(c)
and other provisions of this Act, and for purposes | 25 | | of Section 303(e) of
the Federal Water Pollution Control Act, | 26 | | as now or hereafter amended,
to engage in planning processes |
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| 1 | | and activities and to develop
plans in cooperation with units | 2 | | of local government, state agencies and
officers, and other | 3 | | appropriate persons in connection with the
jurisdiction or | 4 | | duties of each such unit, agency, officer or person.
Public | 5 | | hearings shall be held on the planning process, at which any
| 6 | | person shall be permitted to appear and be heard, pursuant to | 7 | | procedural
regulations promulgated by the Agency.
| 8 | | (n) In accordance with the powers conferred upon the Agency | 9 | | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | 10 | | Agency shall
have authority to establish and enforce minimum | 11 | | standards for the
operation of laboratories relating to | 12 | | analyses and laboratory tests for
air pollution, water | 13 | | pollution, noise emissions, contaminant discharges
onto land | 14 | | and sanitary, chemical, and mineral quality of water
| 15 | | distributed by a public water supply. The Agency may enter into | 16 | | formal
working agreements with other departments or agencies of | 17 | | state
government under which all or portions of this authority | 18 | | may be
delegated to the cooperating department or agency.
| 19 | | (o) The Agency shall have the authority to issue | 20 | | certificates of
competency to persons and laboratories meeting | 21 | | the minimum standards
established by the Agency in accordance | 22 | | with Section 4(n) of this Act
and to promulgate and enforce | 23 | | regulations relevant to the issuance and
use of such | 24 | | certificates. The Agency may enter into formal working
| 25 | | agreements with other departments or agencies of state | 26 | | government under
which all or portions of this authority may be |
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| 1 | | delegated to the
cooperating department or agency.
| 2 | | (p) Except as provided in Section 17.7, the Agency shall | 3 | | have the
duty to analyze samples as required
from each public | 4 | | water supply to determine compliance with the
contaminant | 5 | | levels specified by the Pollution Control Board. The maximum
| 6 | | number of samples which the Agency shall be required to analyze | 7 | | for
microbiological quality shall be 6 per month, but the | 8 | | Agency may, at its
option, analyze a larger number each month | 9 | | for any supply. Results of
sample analyses for additional | 10 | | required bacteriological testing,
turbidity, residual chlorine | 11 | | and radionuclides are to be provided to the
Agency in | 12 | | accordance with Section 19. Owners of water supplies may enter
| 13 | | into agreements with the Agency to provide for reduced Agency
| 14 | | participation in sample analyses.
| 15 | | (q) The Agency shall have the authority to provide notice | 16 | | to any
person who may be liable pursuant to Section 22.2(f) of | 17 | | this Act for a
release or a substantial threat of a release of | 18 | | a hazardous substance or
pesticide. Such notice shall include | 19 | | the identified response action and an
opportunity for such | 20 | | person to perform the response action.
| 21 | | (r) The Agency may enter into written delegation agreements | 22 | | with any
unit of local government under which it may delegate | 23 | | all or portions of its
inspecting, investigating and | 24 | | enforcement functions. Such delegation
agreements shall | 25 | | require that work performed thereunder be in accordance
with | 26 | | Agency criteria and subject to Agency review.
Notwithstanding |
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| 1 | | any other provision of law to the contrary, no unit of
local | 2 | | government shall be liable for any injury resulting from the | 3 | | exercise
of its authority pursuant to such a delegation | 4 | | agreement unless the injury
is proximately caused by the | 5 | | willful and wanton negligence of an agent or
employee of the | 6 | | unit of local government, and any policy of insurance
coverage | 7 | | issued to a unit of local government may provide for the denial | 8 | | of
liability and the nonpayment of claims based upon injuries | 9 | | for which the unit
of local government is not liable pursuant | 10 | | to this subsection (r).
| 11 | | (s) The Agency shall have authority to take whatever | 12 | | preventive or
corrective action is necessary or appropriate, | 13 | | including but not limited to
expenditure of monies appropriated | 14 | | from the Build Illinois Bond Fund and
the Build Illinois | 15 | | Purposes Fund for removal or remedial action, whenever
any | 16 | | hazardous substance or pesticide is released or
there is a | 17 | | substantial threat of such a release into the environment. The
| 18 | | State, the Director, and any State employee shall be | 19 | | indemnified for any
damages or injury arising out of or | 20 | | resulting from any action taken under
this subsection. The | 21 | | Director of the Agency is authorized to enter into
such | 22 | | contracts and agreements as are necessary
to carry out the | 23 | | Agency's duties under this subsection.
| 24 | | (t) The Agency shall have authority to distribute grants, | 25 | | subject to
appropriation by the General Assembly, to units of | 26 | | local government for financing and construction of
wastewater |
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| 1 | | facilities in both incorporated and unincorporated areas. With | 2 | | respect to all monies appropriated
from the Build Illinois Bond | 3 | | Fund and the Build Illinois Purposes
Fund for wastewater | 4 | | facility grants, the Agency shall make
distributions in | 5 | | conformity with the rules and regulations established
pursuant | 6 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
| 7 | | (u) Pursuant to the Illinois Administrative Procedure Act, | 8 | | the
Agency shall have the authority to adopt such rules as are | 9 | | necessary or
appropriate for the Agency to implement Section | 10 | | 31.1 of this Act.
| 11 | | (v) (Blank.)
| 12 | | (w) Neither the State, nor the Director, nor the Board, nor | 13 | | any State
employee shall be liable for any damages or injury | 14 | | arising out of or
resulting from any action taken under | 15 | | subsection (s).
| 16 | | (x)(1) The Agency shall have authority to distribute | 17 | | grants, subject to
appropriation by the General Assembly, | 18 | | to units of local government for
financing and construction | 19 | | of public water supply facilities. With respect
to all | 20 | | monies appropriated from the Build Illinois Bond Fund or | 21 | | the Build
Illinois Purposes Fund for public water supply | 22 | | grants, such grants shall be
made in accordance with rules | 23 | | promulgated by the Agency.
Such rules shall include a | 24 | | requirement for a local match of 30% of the
total project | 25 | | cost for projects funded through such grants.
| 26 | | (2) The Agency shall not terminate a grant to a unit of |
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| 1 | | local government
for the financing and construction of | 2 | | public water supply facilities unless
and until the Agency | 3 | | adopts rules that set forth precise and complete
standards, | 4 | | pursuant to Section 5-20 of the Illinois Administrative
| 5 | | Procedure Act, for the termination of such grants. The | 6 | | Agency shall not
make determinations on whether specific | 7 | | grant conditions are necessary to
ensure the integrity of a | 8 | | project or on whether subagreements shall be
awarded, with | 9 | | respect to grants for the financing and construction of
| 10 | | public water supply facilities, unless and until the Agency | 11 | | adopts rules
that set forth precise and complete standards, | 12 | | pursuant to Section 5-20
of the Illinois Administrative | 13 | | Procedure Act, for making such
determinations. The Agency | 14 | | shall not issue a stop-work order in relation to
such | 15 | | grants unless and until the Agency adopts precise and | 16 | | complete standards,
pursuant to Section 5-20 of the | 17 | | Illinois Administrative Procedure Act, for
determining | 18 | | whether to issue a stop-work order.
| 19 | | (y) The Agency shall have authority to release any person | 20 | | from further
responsibility for preventive or corrective | 21 | | action under this Act following
successful completion of | 22 | | preventive or corrective action undertaken by such
person upon | 23 | | written request by the person.
| 24 | | (z) To the extent permitted by any applicable federal law | 25 | | or regulation, for all work performed for State construction | 26 | | projects which are funded in whole or in part by a capital |
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| 1 | | infrastructure bill enacted by the 96th General Assembly by | 2 | | sums appropriated to the Environmental Protection Agency, at | 3 | | least 50% of the total labor hours must be performed by actual | 4 | | residents of the State of Illinois. For purposes of this | 5 | | subsection, "actual residents of the State of Illinois" means | 6 | | persons domiciled in the State of Illinois. The Department of | 7 | | Labor shall promulgate rules providing for the enforcement of | 8 | | this subsection. | 9 | | (aa) The Agency may adopt rules requiring the electronic | 10 | | submission of any information required to be submitted to the | 11 | | Agency pursuant to any State or federal law or regulation or | 12 | | any court or Board order. Any rules adopted under this | 13 | | subsection (aa) must include, but are not limited to, | 14 | | identification of the information to be submitted | 15 | | electronically. | 16 | | (Source: P.A. 98-72, eff. 7-15-13.)
| 17 | | (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
| 18 | | Sec. 19.2.
As used in this Title, unless the context | 19 | | clearly
requires otherwise:
| 20 | | (a) "Agency" means the Illinois Environmental Protection | 21 | | Agency.
| 22 | | (b) "Fund" means the Water Revolving Fund created
pursuant | 23 | | to this Title, consisting of the Water Pollution Control Loan
| 24 | | Program, the Public Water Supply Loan Program,
and the Loan | 25 | | Support Program.
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| 1 | | (c) "Loan" means a loan made from the Water Pollution | 2 | | Control
Loan Program or the Public Water Supply Loan Program to | 3 | | an eligible applicant as a result of a
contractual agreement | 4 | | between the Agency and such applicant.
| 5 | | (d) "Construction" means any one or more of the following | 6 | | which is
undertaken for a public purpose: preliminary planning | 7 | | to determine the
feasibility of the treatment works or public | 8 | | water supply, engineering,
architectural, legal,
fiscal or | 9 | | economic investigations or studies, surveys, designs, plans,
| 10 | | working drawings, specifications, procedures or other | 11 | | necessary actions,
erection, building, acquisition, | 12 | | alteration, remodeling, improvement or
extension of treatment | 13 | | works or public water supplies, or the inspection or
| 14 | | supervision of any of
the foregoing items. "Construction" also | 15 | | includes implementation of source
water quality protection | 16 | | measures and establishment and implementation of
wellhead | 17 | | protection programs in accordance with Section 1452(k)(1) of | 18 | | the
federal Safe Drinking Water Act.
| 19 | | (e) "Intended use plan" means a plan which includes a | 20 | | description of the
short and long term goals and objectives of | 21 | | the Water Pollution Control Loan
Program and the Public Water | 22 | | Supply Loan Program, project categories,
discharge | 23 | | requirements, terms of financial assistance and the loan | 24 | | applicants
to be served.
| 25 | | (f) "Treatment works" means any devices and systems owned | 26 | | by a local
government unit and used in the storage, treatment, |
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| 1 | | recycling, and
reclamation of sewerage or industrial wastes of | 2 | | a liquid nature, including
intercepting sewers, outfall | 3 | | sewers, sewage collection systems, pumping
power and other | 4 | | equipment, and appurtenances; extensions,
improvements, | 5 | | remodeling, additions, and alterations thereof; elements
| 6 | | essential to provide a reliable recycled supply, such as | 7 | | standby treatment
units and clear well facilities; and any | 8 | | works, including site acquisition
of the land that will be an | 9 | | integral part of the treatment process for
wastewater | 10 | | facilities. In addition, "treatment works" means any other | 11 | | methods or systems that qualify as treatment works under | 12 | | Section 212 of the Federal Water Pollution Control Act.
| 13 | | (g) "Local government unit" means a county, municipality, | 14 | | township,
municipal or county sewerage or utility authority, | 15 | | sanitary district, public
water district, improvement | 16 | | authority or any other political subdivision
whose primary
| 17 | | purpose is to construct, operate and maintain wastewater | 18 | | treatment facilities
or public water supply facilities or both.
| 19 | | (h) "Privately owned community water supply" means:
| 20 | | (1) an investor-owned water utility, if under Illinois | 21 | | Commerce Commission
regulation and operating as a separate | 22 | | and distinct water utility;
| 23 | | (2) a not-for-profit water corporation, if operating | 24 | | specifically as a
water utility; and
| 25 | | (3) a mutually owned or cooperatively owned community | 26 | | water system, if
operating
as a separate water utility.
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| 1 | | (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, | 2 | | eff. 8-13-99; 92-16, eff. 6-28-01.)
| 3 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 4 | | Sec. 19.3. Water Revolving Fund.
| 5 | | (a) There is hereby created within the State Treasury a | 6 | | Water Revolving
Fund, consisting of 3 interest-bearing special | 7 | | programs to be known as the
Water Pollution Control Loan | 8 | | Program, the Public Water Supply Loan Program, and
the Loan | 9 | | Support Program, which shall be used and administered by the | 10 | | Agency.
| 11 | | (b) The Water Pollution Control Loan Program shall be used | 12 | | and administered
by the Agency to provide assistance for the | 13 | | following purposes:
| 14 | | (1) to accept and retain funds from grant awards, | 15 | | appropriations,
transfers, and payments of interest and | 16 | | principal;
| 17 | | (2) to make direct loans at or below market interest | 18 | | rates and to provide additional subsidization, including, | 19 | | but not limited to, forgiveness of principal, negative | 20 | | interest rates, and grants, to any
eligible local | 21 | | government unit to finance the construction of wastewater
| 22 | | treatments works and projects that fulfill federal State | 23 | | Revolving Fund grant requirements for a green project | 24 | | reserve;
| 25 | | (2.5) with respect to funds provided under the American |
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| 1 | | Recovery and Reinvestment Act of 2009: | 2 | | (A) to make direct loans at or below market | 3 | | interest rates to any eligible local government unit | 4 | | and to provide additional subsidization to any | 5 | | eligible local government unit, including, but not | 6 | | limited to, forgiveness of principal, negative | 7 | | interest rates, and grants; | 8 | | (B) to make direct loans at or below market | 9 | | interest rates to any eligible local government unit to | 10 | | buy or refinance debt obligations for treatment works | 11 | | incurred on or after October 1, 2008; and | 12 | | (C) to provide additional subsidization, | 13 | | including, but not limited to, forgiveness of | 14 | | principal, negative interest rates, and grants for | 15 | | treatment works incurred on or after October 1, 2008;
| 16 | | (3) to make direct loans at or below market interest | 17 | | rates and to provide additional subsidization, including, | 18 | | but not limited to, forgiveness of principal, negative | 19 | | interest rates, and grants, to any
eligible local | 20 | | government unit to buy or refinance debt obligations for | 21 | | costs
incurred after March 7, 1985, for the construction of | 22 | | wastewater treatment works, and projects that fulfill | 23 | | federal State Revolving Fund grant requirements for a green | 24 | | project reserve;
| 25 | | (3.5) to make direct loans at or below market interest | 26 | | rates for the
implementation of a management program |
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| 1 | | established under Section 319 of the
Federal Water | 2 | | Pollution Control Act, as amended;
| 3 | | (4) to guarantee or purchase insurance for local | 4 | | obligations
where such action would improve credit market | 5 | | access or reduce interest rates;
| 6 | | (5) as a source of revenue or security for the payment | 7 | | of principal and
interest on revenue or general obligation | 8 | | bonds issued by the State or any
political subdivision or | 9 | | instrumentality thereof, if the proceeds of such
bonds will | 10 | | be deposited in the Fund;
| 11 | | (6) to finance the reasonable costs incurred by the | 12 | | Agency in the
administration of the Fund; and
| 13 | | (7) to transfer funds to the Public Water Supply Loan | 14 | | Program ; and .
| 15 | | (8) notwithstanding any other provision of this | 16 | | subsection (b), to provide any financial assistance that | 17 | | may be provided under Section 603 of the Federal Water | 18 | | Pollution Control Act for any projects eligible for | 19 | | assistance under that Section. | 20 | | (c) The Loan Support Program shall be used and administered | 21 | | by the Agency
for the following purposes:
| 22 | | (1) to accept and retain funds from grant awards and | 23 | | appropriations;
| 24 | | (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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| 1 | | administration of the State
construction grant program;
| 2 | | (3) to transfer funds to the Water Pollution Control | 3 | | Loan
Program and the Public Water Supply Loan Program;
| 4 | | (4) to accept and retain a portion of the loan | 5 | | repayments;
| 6 | | (5) to finance the development of the low interest loan
| 7 | | programs for water pollution control and public water | 8 | | supply projects;
| 9 | | (6) to finance the reasonable costs incurred by the | 10 | | Agency to provide
technical assistance for public water | 11 | | supplies; and
| 12 | | (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.
| 20 | | (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:
| 24 | | (1) to accept and retain funds from grant awards, | 25 | | appropriations,
transfers, and payments of interest and | 26 | | principal;
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| 1 | | (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;
| 9 | | (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
| 22 | | (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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| 1 | | (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 debt obligations | 7 | | for
costs incurred on or after July 17, 1997, for the | 8 | | construction of water supplies and projects that fulfill | 9 | | federal State Revolving Fund requirements for a green | 10 | | project reserve;
| 11 | | (4) to guarantee local obligations where such action | 12 | | would improve credit
market access or reduce interest | 13 | | rates;
| 14 | | (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
| 19 | | (6) to transfer funds to the Water Pollution Control | 20 | | Loan Program.
| 21 | | (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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| 1 | | Water Pollution Control Act and the federal Safe Drinking Water | 2 | | Act, as now
or hereafter amended.
| 3 | | (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
| 16 | | 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.
| 21 | | (Source: P.A. 96-8, eff. 4-28-09; 96-917, eff. 6-9-10.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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