Full Text of HB2219 103rd General Assembly
HB2219sam001 103RD GENERAL ASSEMBLY | Sen. Willie Preston Filed: 4/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2219
| 2 | | AMENDMENT NO. ______. Amend House Bill 2219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Metropolitan Water Reclamation District | 5 | | Act is amended by changing Sections 9.6a and 56 as follows:
| 6 | | (70 ILCS 2605/9.6a) (from Ch. 42, par. 328.6a)
| 7 | | Sec. 9.6a. Bonds for sewage treatment , and water quality , | 8 | | and facility improvements. The corporate authorities of a | 9 | | sanitary district, in
order to provide funds required for the | 10 | | replacing, remodeling,
completing, altering, constructing and | 11 | | enlarging of sewage treatment
works, administrative buildings, | 12 | | water quality improvement projects, distributed renewable | 13 | | energy generation devices, or flood control facilities, and | 14 | | additions therefor, pumping
stations, tunnels, conduits, | 15 | | intercepting sewers and outlet sewers,
together with the | 16 | | equipment, including air pollution equipment, and
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| 1 | | appurtenances thereto, to acquire property, real, personal or | 2 | | mixed,
necessary for said purposes, for costs and expenses for | 3 | | the acquisition
of the sites and rights-of-way necessary | 4 | | thereto, and for engineering
expenses for designing and | 5 | | supervising the construction of such works,
may issue on or | 6 | | before December 31, 2034, in addition to all
other obligations | 7 | | heretofore or herein authorized, bonds, notes or
other | 8 | | evidences of indebtedness for such purposes in an aggregate
| 9 | | amount at any one time outstanding not to exceed 3.35% of the | 10 | | equalized
assessed valuation of all taxable property within | 11 | | the sanitary district,
to be ascertained by the last | 12 | | assessment for State and local taxes
previous to the issuance | 13 | | of any such obligations. Such obligations shall be
issued | 14 | | without submitting the question of such issuance to the legal | 15 | | voters
of such sanitary district for approval.
| 16 | | The corporate authorities may sell such obligations at | 17 | | private or
public sale and enter into any contract or | 18 | | agreement necessary, appropriate
or incidental to the exercise | 19 | | of the powers granted by this Act, including,
without | 20 | | limitation, contracts or agreements for the sale and purchase | 21 | | of
such obligations and the payment of costs and expenses | 22 | | incident thereto.
The corporate authorities may pay such costs | 23 | | and expenses, in whole or in
part, from the corporate fund.
| 24 | | Such obligations shall be issued from time to time only in | 25 | | amounts as may
be required for such purposes but the amount of | 26 | | such obligations issued during
any one budget year shall not |
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| 1 | | exceed $150,000,000 plus
the amount of any obligations | 2 | | authorized by this Act to be issued during the 3
budget years | 3 | | next preceding the year of issuance but which were not issued,
| 4 | | provided, however, that this limitation shall not be | 5 | | applicable (i) to the issuance
of obligations to refund bonds, | 6 | | notes or other evidences of indebtedness,
(ii) to obligations | 7 | | issued to provide for the repayment of money received
from the | 8 | | Water Pollution Control Revolving Fund for the construction or
| 9 | | repair of wastewater treatment works, and (iii) to obligations | 10 | | issued as part of the American Recovery and Reinvestment Act | 11 | | of 2009, issued prior to January 1, 2011, that are commonly | 12 | | known as "Build America Bonds" as authorized by Section 54AA | 13 | | of the Internal Revenue Code of 1986, as amended. Each | 14 | | ordinance authorizing the
issuance of the obligations shall | 15 | | state the general purpose or purposes for
which they are to be | 16 | | issued, and the corporate authorities may at any time
| 17 | | thereafter pass supplemental appropriations ordinances | 18 | | appropriating the
proceeds from the sale of such obligations | 19 | | for such purposes.
| 20 | | Notwithstanding anything to the contrary in Section 9.6 or | 21 | | this Section, and in addition to any other amount of bonds | 22 | | authorized to be issued under this Act, the corporate | 23 | | authorities are authorized to issue from time to time bonds of | 24 | | the district in a principal amount not to exceed $600,000,000 | 25 | | for the purpose of making contributions to the pension fund | 26 | | established under Article 13 of the Illinois Pension Code |
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| 1 | | without submitting the question of issuing bonds to the voters | 2 | | of the District. Any bond issuances under this paragraph are | 3 | | intended to decrease the unfunded liability of the pension | 4 | | fund and shall not decrease the amount of the employer | 5 | | contributions required in any given year under Section 13-503 | 6 | | of the Illinois Pension Code. | 7 | | The corporate authorities may issue bonds, notes or other | 8 | | evidences of
indebtedness in an amount necessary to provide | 9 | | funds to refund outstanding
obligations issued pursuant to | 10 | | this Section, including interest accrued or
to accrue thereon.
| 11 | | (Source: P.A. 101-302, eff. 1-1-20; 102-707, eff. 4-22-22.)
| 12 | | (70 ILCS 2605/56) | 13 | | Sec. 56. Resource recovery. | 14 | | (a) The General Assembly finds that: | 15 | | (1) technological advancements in wastewater treatment | 16 | | have resulted in the ability to capture recovered | 17 | | resources and produce renewable energy resources from | 18 | | material previously discarded; | 19 | | (2) the capture and beneficial reuse of recovered | 20 | | resources and the production of renewable energy resources | 21 | | serves a wide variety of environmental benefits including, | 22 | | but not limited to, improved water quality, reduction of | 23 | | greenhouse gases, reduction of carbon footprint, reduction | 24 | | of landfill usage, reduced usage of hydrocarbon-based | 25 | | fuels, return of nutrients to the food cycle, and reduced |
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| 1 | | water consumption; | 2 | | (3) the district is a leader in the field of | 3 | | wastewater treatment and possesses the expertise and | 4 | | experience necessary to capture and beneficially reuse or | 5 | | prepare for beneficial reuse recovered resources, | 6 | | including renewable energy resources; and | 7 | | (4) the district has the opportunity and ability to | 8 | | change the approach to wastewater treatment from that of a | 9 | | waste material to be disposed of to one of a collection of | 10 | | resources to be recovered, reused, and sold, with the | 11 | | opportunity to provide the district with additional | 12 | | sources of revenue and reduce operating costs. | 13 | | (b) As used in this Section: | 14 | | "Distributed renewable energy generation device" has the | 15 | | meaning given to that term in Section 1-10 of the Illinois | 16 | | Power Agency Act. | 17 | | "Recovered resources" means any material produced by or | 18 | | extracted from the operation of district facilities, | 19 | | including, but not limited to: | 20 | | (1) solids, including solids from the digestion | 21 | | process, semi-solids, or liquid materials; | 22 | | (2) gases, including biogas, carbon dioxide, and | 23 | | methane; | 24 | | (3) nutrients; | 25 | | (4) algae; | 26 | | (5) treated effluent; and |
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| 1 | | (6) thermal energy or hydropower. | 2 | | "Renewable energy facility" shall have the same meaning as | 3 | | a facility defined under Section 5 of the Renewable Energy | 4 | | Production District Act. | 5 | | "Renewable energy resources" means resources as defined | 6 | | under Section 1-10 of the Illinois Power Agency Act. | 7 | | "Resource recovery" means the recovery of material or | 8 | | energy from waste as defined under Section 3.435 of the | 9 | | Illinois Environmental Protection Agency Act. | 10 | | (c) The district may sell or otherwise dispose of | 11 | | recovered resources or renewable energy resources resulting | 12 | | from the operation of district facilities, and may construct, | 13 | | maintain, finance, and operate such activities, facilities, | 14 | | distributed renewable energy generation devices, and other | 15 | | works as are necessary for that purpose. | 16 | | (d) The district may take in materials which are used in | 17 | | the generation of usable products from recovered resources, or | 18 | | which increase the production of renewable energy resources, | 19 | | including, but not limited to food waste, organic fraction of | 20 | | solid waste, commercial or industrial organic wastes, fats, | 21 | | oils, and greases, and vegetable debris. | 22 | | (e) The authorizations granted to the district under this | 23 | | Section shall not be construed as modifying or limiting any | 24 | | other law or regulation. Any actions taken pursuant to the | 25 | | authorities granted in this Section must be in compliance with | 26 | | all applicable laws and regulations, including, but not |
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| 1 | | limited to, the Environmental Protection Act, and rules | 2 | | adopted under that Act.
| 3 | | (Source: P.A. 98-731, eff. 7-16-14.)".
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