Full Text of HB4808 103rd General Assembly
HB4808 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4808 Introduced 2/6/2024, by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: | | 415 ILCS 5/19.4 | from Ch. 111 1/2, par. 1019.4 |
| Amends the Environmental Protection Act. Requires rules adopted by the Illinois Environmental Protection Agency for purposes of administering the Water Revolving Fund to encourage regionalization and proactive compliance. 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 Section 19.4 as follows: | 6 | | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4) | 7 | | Sec. 19.4. Regulations; priorities. | 8 | | (a) The Agency shall have the authority to promulgate | 9 | | regulations for the administration of this Title, including, | 10 | | but not limited to, rules setting forth procedures and | 11 | | criteria concerning loan applications and the issuance of | 12 | | loans. For loans to units of local government, the regulations | 13 | | shall include, but need not be limited to, the following | 14 | | elements: | 15 | | (1) loan application requirements; | 16 | | (2) determination of credit worthiness of the loan | 17 | | applicant; | 18 | | (3) special loan terms, as necessary, for securing the | 19 | | repayment of the loan; | 20 | | (4) assurance of payment; | 21 | | (5) interest rates; | 22 | | (6) loan support rates; | 23 | | (7) impact on user charges; |
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| 1 | | (8) eligibility of proposed construction; | 2 | | (9) priority of needs; | 3 | | (10) special loan terms for disadvantaged communities; | 4 | | (11) maximum limits on annual distributions of funds | 5 | | to applicants or groups of applicants; | 6 | | (12) penalties for noncompliance with loan | 7 | | requirements and conditions, including stop-work orders, | 8 | | termination, and recovery of loan funds; and | 9 | | (13) indemnification of the State of Illinois and the | 10 | | Agency by the loan recipient. | 11 | | (b) The Agency shall have the authority to promulgate | 12 | | regulations to set forth procedures and criteria concerning | 13 | | loan applications for loan recipients other than units of | 14 | | local government. In addition to all of the elements required | 15 | | for units of local government under subsection (a), the | 16 | | regulations shall include, but need not be limited to, the | 17 | | following elements: | 18 | | (1) types of security required for the loan; | 19 | | (2) types of collateral, as necessary, that can be | 20 | | pledged for the loan; and | 21 | | (3) staged access to fund privately owned community | 22 | | water supplies. | 23 | | (c) Rules adopted under this Title shall also include, but | 24 | | shall not be limited to, criteria for prioritizing the | 25 | | issuance of loans under this Title according to applicant | 26 | | need. Priority in making loans from the Public Water Supply |
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| 1 | | Loan Program must first be given to local government units and | 2 | | privately owned community water supplies that need to make | 3 | | capital improvements to protect human health and to achieve | 4 | | compliance with the State and federal primary drinking water | 5 | | standards adopted pursuant to this Act and the federal Safe | 6 | | Drinking Water Act, as now and hereafter amended. Rules for | 7 | | prioritizing loans from the Water Pollution Control Loan | 8 | | Program may include, but shall not be limited to, criteria | 9 | | designed to encourage green infrastructure, water efficiency, | 10 | | environmentally innovative projects, and nutrient pollution | 11 | | removal. | 12 | | (d) The Agency shall have the authority to promulgate | 13 | | regulations to set forth procedures and criteria concerning | 14 | | loan applications for funds provided under the American | 15 | | Recovery and Reinvestment Act of 2009. In addition, due to | 16 | | time constraints in the American Recovery and Reinvestment Act | 17 | | of 2009, the Agency shall adopt emergency rules as necessary | 18 | | to allow the timely administration of funds provided under the | 19 | | American Recovery and Reinvestment Act of 2009. Emergency | 20 | | rules adopted under this subsection (d) shall be adopted in | 21 | | accordance with Section 5-45 of the Illinois Administrative | 22 | | Procedure Act. | 23 | | (e) The Agency may adopt rules to create a linked deposit | 24 | | loan program through which loans made pursuant to paragraph | 25 | | (3.5) of subsection (b) of Section 19.3 may be made through | 26 | | private lenders. Rules adopted under this subsection (e) shall |
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| 1 | | include, but shall not be limited to, provisions requiring | 2 | | private lenders, prior to disbursing loan proceeds through the | 3 | | linked deposit loan program, to verify that the loan | 4 | | recipients have been approved by the Agency for financing | 5 | | under paragraph (3.5) of subsection (b) of Section 19.3. | 6 | | (f) Rules adopted under this Section for the | 7 | | administration of this Title shall encourage regionalization | 8 | | and shall encourage proactive compliance. | 9 | | (Source: P.A. 98-782, eff. 7-23-14.) | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law. |
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