Full Text of SB2576 102nd General Assembly
SB2576sam001 102ND GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 4/14/2021
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| 1 | | AMENDMENT TO SENATE BILL 2576
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2576 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 19.3 as follows:
| 6 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 7 | | Sec. 19.3. Water Revolving Fund.
| 8 | | (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.
| 14 | | (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 | | (1) to accept and retain funds from grant awards, | 2 | | appropriations,
transfers, and payments of interest and | 3 | | principal;
| 4 | | (2) to make direct loans at or below market interest | 5 | | rates and to provide additional subsidization, including, | 6 | | but not limited to, forgiveness of principal, negative | 7 | | interest rates, and grants, to any
eligible local | 8 | | government unit to finance the construction of
treatments | 9 | | works, including storm water treatment systems that are | 10 | | treatment works, and projects that fulfill federal State | 11 | | Revolving Fund grant requirements for a green project | 12 | | reserve;
| 13 | | (2.5) with respect to funds provided under the | 14 | | American Recovery and Reinvestment Act of 2009: | 15 | | (A) to make direct loans at or below market | 16 | | interest rates to any eligible local government unit | 17 | | and to provide additional subsidization to any | 18 | | eligible local government unit, including, but not | 19 | | limited to, forgiveness of principal, negative | 20 | | interest rates, and grants; | 21 | | (B) to make direct loans at or below market | 22 | | interest rates to any eligible local government unit | 23 | | to buy or refinance debt obligations for treatment | 24 | | works incurred on or after October 1, 2008; and | 25 | | (C) to provide additional subsidization, | 26 | | including, but not limited to, forgiveness of |
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| 1 | | principal, negative interest rates, and grants for | 2 | | treatment works incurred on or after October 1, 2008; | 3 | | (3) to make direct loans at or below market interest | 4 | | rates and to provide additional subsidization, including, | 5 | | but not limited to, forgiveness of principal, negative | 6 | | interest rates, and grants, to any
eligible local | 7 | | government unit to buy or refinance debt obligations for | 8 | | costs
incurred after March 7, 1985, for the construction | 9 | | of treatment works, including storm water treatment | 10 | | systems that are treatment works, and projects that | 11 | | fulfill federal State Revolving Fund grant requirements | 12 | | for a green project reserve;
| 13 | | (3.5) to make loans, including, but not limited to, | 14 | | loans through a linked deposit program, at or below market | 15 | | interest rates for the
implementation of a management | 16 | | program established under Section 319 of the
Federal Water | 17 | | Pollution Control Act, as amended;
| 18 | | (4) to guarantee or purchase insurance for local | 19 | | obligations
where such action would improve credit market | 20 | | access or reduce interest rates;
| 21 | | (5) as a source of revenue or security for the payment | 22 | | of principal and
interest on revenue or general obligation | 23 | | bonds issued by the State or any
political subdivision or | 24 | | instrumentality thereof, if the proceeds of such
bonds | 25 | | will be deposited in the Fund;
| 26 | | (6) to finance the reasonable costs incurred by the |
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| 1 | | Agency in the
administration of the Fund;
| 2 | | (7) to transfer funds to the Public Water Supply Loan | 3 | | Program; and
| 4 | | (8) notwithstanding any other provision of this | 5 | | subsection (b), to provide, in accordance with rules | 6 | | adopted under this Title, any other financial assistance | 7 | | that may be provided under Section 603 of the Federal | 8 | | Water Pollution Control Act for any other projects or | 9 | | activities eligible for assistance under that Section or | 10 | | federal rules adopted to implement that Section. | 11 | | (b-5) The wastewater treatment facility located in the | 12 | | Village of Lisbon in Kendall County, specifically located at | 13 | | 200 East Joliet Street, is allowed to apply for the Water | 14 | | Pollution Control Loan Program for the purposes of refinancing | 15 | | existing debt. | 16 | | (c) The Loan Support Program shall be used and | 17 | | administered by the Agency
for the following purposes:
| 18 | | (1) to accept and retain funds from grant awards and | 19 | | appropriations;
| 20 | | (2) to finance the reasonable costs incurred by the | 21 | | Agency in the
administration of the Fund, including | 22 | | activities under Title III of this
Act, including the | 23 | | administration of the State
construction grant program;
| 24 | | (3) to transfer funds to the Water Pollution Control | 25 | | Loan
Program and the Public Water Supply Loan Program;
| 26 | | (4) to accept and retain a portion of the loan |
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| 1 | | repayments;
| 2 | | (5) to finance the development of the low interest | 3 | | loan
programs for water pollution control and public water | 4 | | supply projects;
| 5 | | (6) to finance the reasonable costs incurred by the | 6 | | Agency to provide
technical assistance for public water | 7 | | supplies; and
| 8 | | (7) to finance the reasonable costs incurred by the | 9 | | Agency for
public water system supervision programs, to | 10 | | administer or provide for
technical assistance through | 11 | | source water protection programs, to develop and
implement | 12 | | a capacity development strategy, to delineate and assess | 13 | | source water
protection areas, and for an operator | 14 | | certification program in accordance with
Section 1452 of | 15 | | the federal Safe Drinking Water Act.
| 16 | | (d) The Public Water Supply Loan Program shall be used and | 17 | | administered by
the Agency to provide assistance to local | 18 | | government units and privately owned
community water supplies | 19 | | for public water
supplies for the following public purposes:
| 20 | | (1) to accept and retain funds from grant awards, | 21 | | appropriations,
transfers, and payments of interest and | 22 | | principal;
| 23 | | (2) to make direct loans at or below market interest | 24 | | rates and to provide additional subsidization, including, | 25 | | but not limited to, forgiveness of principal, negative | 26 | | interest rates, and grants, to any eligible
local |
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| 1 | | government unit or to any eligible privately owned | 2 | | community water supply
to finance the construction of | 3 | | water supplies and projects that fulfill federal State | 4 | | Revolving Fund grant requirements for a green project | 5 | | reserve;
| 6 | | (2.5) with respect to funds provided under the | 7 | | American Recovery and Reinvestment Act of 2009: | 8 | | (A) to make direct loans at or below market | 9 | | interest rates to any eligible local government unit | 10 | | or to any eligible privately owned community water | 11 | | supply, and to provide additional subsidization to any | 12 | | eligible local government unit or to any eligible | 13 | | privately owned community water supply, including, but | 14 | | not limited to, forgiveness of principal, negative | 15 | | interest rates, and grants; | 16 | | (B) to buy or refinance the debt obligation of a | 17 | | local government unit for costs incurred on or after | 18 | | October 1, 2008; and
| 19 | | (C) to provide additional subsidization, | 20 | | including, but not limited to, forgiveness of | 21 | | principal, negative interest rates, and grants for a | 22 | | local government unit for costs incurred on or after | 23 | | October 1, 2008; | 24 | | (3) 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 buy or refinance debt | 4 | | obligations for
costs incurred on or after July 17, 1997, | 5 | | for the construction of water supplies and projects that | 6 | | fulfill federal State Revolving Fund requirements for a | 7 | | green project reserve;
| 8 | | (4) to guarantee local obligations where such action | 9 | | would improve credit
market access or reduce interest | 10 | | rates;
| 11 | | (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 | 15 | | will be deposited into the Fund;
| 16 | | (6) to transfer funds to the Water Pollution Control | 17 | | Loan Program; and
| 18 | | (7) notwithstanding any other provision of this | 19 | | subsection (d), to provide to local government units and | 20 | | privately owned community water supplies any other | 21 | | financial assistance that may be provided under Section | 22 | | 1452 of the federal Safe Drinking Water Act for any | 23 | | expenditures eligible for assistance under that Section or | 24 | | federal rules adopted to implement that Section. | 25 | | (e) The Agency is designated as the administering agency | 26 | | of the Fund.
The Agency shall submit to the Regional |
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| 1 | | Administrator of the United States
Environmental Protection | 2 | | Agency an intended use plan which outlines the
proposed use of | 3 | | funds available to the State. The Agency shall take all
| 4 | | actions necessary to secure to the State the benefits of the | 5 | | federal
Water Pollution Control Act and the federal Safe | 6 | | Drinking Water Act, as now
or hereafter amended.
| 7 | | (f) The Agency shall have the power to enter into | 8 | | intergovernmental
agreements with the federal government or | 9 | | the State, or any instrumentality
thereof, for purposes of | 10 | | capitalizing the Water Revolving Fund.
Moneys on deposit in | 11 | | the Water Revolving Fund may be used for the
creation of | 12 | | reserve funds or pledged funds that secure the obligations
of | 13 | | repayment of loans made pursuant to this Section. For the | 14 | | purpose
of obtaining capital for deposit into the Water | 15 | | Revolving Fund, the
Agency may also enter into agreements with | 16 | | financial institutions and other
persons for the purpose of | 17 | | selling loans and developing a secondary market
for such | 18 | | loans. The Agency shall have the power to create and establish | 19 | | such
reserve funds and accounts as may be necessary or | 20 | | desirable to accomplish its
purposes under this subsection and | 21 | | to allocate its available moneys into such
funds and accounts. | 22 | | Investment earnings on moneys held in the Water Revolving
| 23 | | Fund, including any reserve fund or pledged fund, shall be | 24 | | deposited into the
Water Revolving Fund.
| 25 | | (g) Beginning on the effective date of this amendatory Act | 26 | | of the 101st General Assembly, and running for a period of 5 |
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| 1 | | years after that date, the Agency shall prioritize within its | 2 | | annual intended use plan the usage of a portion of the Agency's | 3 | | capitalization grant for federally authorized set-aside | 4 | | activities. The prioritization is for the purpose of | 5 | | supporting disadvantaged communities and utilities throughout | 6 | | Illinois in building their capacity for sustainable and | 7 | | equitable water management. This may include, but is not | 8 | | limited to, assistance for water rate studies, preliminary | 9 | | engineering or other facility planning, training activities, | 10 | | asset management plans, assistance with identification and | 11 | | replacement of lead service lines, and studies of efficiency | 12 | | measures through utility regionalization or other | 13 | | collaborative intergovernmental approaches. | 14 | | (Source: P.A. 101-143, eff. 1-1-20 .)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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