Full Text of SB2350 93rd General Assembly
SB2350 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2350
Introduced 1/28/2004, by Patrick Welch SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.625 new |
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30 ILCS 330/2 |
from Ch. 127, par. 652 |
30 ILCS 330/6 |
from Ch. 127, par. 656 |
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Creates the Clean Water Bond Act. Provides that, of the proceeds of the bonds
issued under the General Obligation Bond Act for the purposes of the Clean
Water Bond
Act, $35,000,000 shall be deposited into the Anti-Pollution Fund and, subject
to
appropriation, shall be transferred to the Clean Water Trust Fund and, subject
to
appropriation, be used by the Office of the Lieutenant Governor to fund the
making of
loans or grants to local government entities and not-for-profit organizations for projects concerning clean water.
Amends the
General Obligation Bond Act. Increases the amount of the authorization of State
bonds
from $27,658,149,369 to $27,693,149,369. Provides that the amount of
$35,000,000 is
authorized for use by the Office of the Lieutenant Governor for the purposes of
the Clean
Water Bond Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE DEBT IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB2350 |
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| AN ACT concerning clean water.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Clean | 5 |
| Water Bond Act.
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| Section 5. Findings. The General Assembly makes the | 7 |
| following findings and
determinations:
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| (1) There is a pressing need in the State to improve | 9 |
| water quality through
the making of loans or grants to | 10 |
| local government entities and not-for-profit organizations | 11 |
| for:
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| (A) financing, repairing, upgrading, and | 13 |
| constructing wastewater
facilities;
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| (B) planning, engineering, acquiring, | 15 |
| constructing, and improving
watershed, drainage, and | 16 |
| flood control improvements, which includes
expenses | 17 |
| related to land and easement acquisition, relocation, | 18 |
| control
structures, channel work, and clearing and | 19 |
| appurtenant work;
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| (C) the protection, preservation, restoration, and | 21 |
| conservation of
environmental and natural resources, | 22 |
| including the making of grants to
soil and water | 23 |
| conservation districts for the planning and | 24 |
| implementation
of conservation practices and for | 25 |
| funding contracts with the Soil
Conservation Service | 26 |
| for watershed planning and the provision of cost-
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| sharing for the planning and implementation of | 28 |
| conservation practices by
farmers and landowners | 29 |
| approved under federal programs of the United
States | 30 |
| Department of Agriculture;
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| (D) capital development and improvement of water | 32 |
| projects,
including planning and engineering costs, |
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| and the acquisition of open
space lands related to the | 2 |
| improvement of water quality, including the
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| acquisition of easements and other property interests | 4 |
| of less than fee
simple ownership;
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| (E) the acquisition and related costs and | 6 |
| development and
management of natural heritage lands, | 7 |
| including natural areas and areas
that provide habitat | 8 |
| for endangered species and nongame wildlife, and
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| buffer lands;
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| (F) the acquisition and related costs and the | 11 |
| development and
management of habitat lands, including | 12 |
| forests, wildlife habitat, and
wetlands; and
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| (G) the removal and disposition of hazardous | 14 |
| substances, including
the cost of project management, | 15 |
| equipment, laboratory analysis, and
contractual | 16 |
| services necessary for preventative and corrective | 17 |
| actions
related to the preservation, restoration, and | 18 |
| conservation of the
environment.
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| (2) The issuance and sale of bonds under the General | 20 |
| Obligation Bond Act
is an economical and efficient method | 21 |
| of financing the goals of this Act.
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| Section 7. Definitions. As used in this Act: | 23 |
| "Local government entity" means a school district, a | 24 |
| municipality, a county, a township, a conservation district, a | 25 |
| soil or water conservation district, a drainage district, a | 26 |
| forest preserve district, a park district, a port district, a | 27 |
| river conservancy district, a sanitary district, a solid waste | 28 |
| disposal district, a surface water protection district, a | 29 |
| public water district, a water service district, a water | 30 |
| authority, a water commission, or any other entity defined as a | 31 |
| "unit of local government" by Section 1 of Article VII of the | 32 |
| Illinois Constitution. | 33 |
| "Not-for-profit organization" means an entity that is | 34 |
| organized as a not-for-profit corporation under the laws of | 35 |
| this State and of the United States. |
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| Section 10. Proceeds of bonds.
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| (a) Of the proceeds of the bonds issued under the General | 3 |
| Obligation Bond
Act
for the purposes of this Act, $35,000,000 | 4 |
| shall be deposited into the
Anti-Pollution Fund
and, subject to | 5 |
| appropriation, shall be transferred to the Clean Water Trust
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| Fund, a
special fund in the State treasury, and, subject to | 7 |
| appropriation, used by the
Office of the
Lieutenant Governor to | 8 |
| fund the making of loans or grants to local government entities | 9 |
| and not-for-profit organizations
for the
following:
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| (1) the financing and construction of wastewater | 11 |
| facilities;
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| (2) the planning, engineering, acquisition, | 13 |
| construction, and improvement
of watershed, drainage, and | 14 |
| flood control improvements, which includes expenses
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| related to land and easement acquisition, relocation, | 16 |
| control structures,
channel
work, and clearing and | 17 |
| appurtenant work;
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| (3) the protection, preservation, restoration, and | 19 |
| conservation of
environmental and natural resources, | 20 |
| including the making of grants to soil and
water | 21 |
| conservation districts for the planning and implementation | 22 |
| of
conservation
practices and for funding contracts with | 23 |
| the Soil Conservation Service for
watershed planning and | 24 |
| the provision of cost-sharing for the planning and
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| implementation of conservation practices by farmers and | 26 |
| landowners approved
under federal programs of the United | 27 |
| States Department of Agriculture;
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| (4) the capital development and improvement of water | 29 |
| projects, including
planning and engineering costs, and | 30 |
| the acquisition of open space lands related
to
the | 31 |
| improvement of water quality, including the acquisition of | 32 |
| easements and
other property interests of less than fee | 33 |
| simple ownership;
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| (5) the acquisition and related costs and development | 35 |
| and management of
natural heritage lands, including |
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| natural areas and areas that provide habitat
for
endangered | 2 |
| species and nongame wildlife, and buffer lands;
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| (6) the acquisition and related costs and the | 4 |
| development and
management of habitat lands, including | 5 |
| forests, wildlife habitat, and wetlands;
and
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| (7) the removal and disposition of hazardous | 7 |
| substances, including the
cost of project management, | 8 |
| equipment, laboratory analysis, and contractual
services | 9 |
| necessary for preventative and corrective actions related | 10 |
| to the
preservation, restoration, and conservation of the | 11 |
| environment.
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| (b) Moneys derived from the repayment of loans made under | 13 |
| this Section shall
be
deposited into the Clean Water Trust Fund | 14 |
| and, subject to appropriation, shall
be used to
fund new loans | 15 |
| or grants under this Section or, if they cannot be so used,
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| shall be
transferred to the General Obligation Bond Retirement | 17 |
| and Interest Fund and
shall be
applied to pay the principal of, | 18 |
| interest on, or the redemption price of bonds
payable from the
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| General Obligation Bond Retirement and Interest Fund.
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| Section 15. Acceptance of grants, loans, and | 21 |
| appropriations. The Office of
the
Lieutenant Governor may | 22 |
| apply for and accept grants, loans, or appropriations
from the
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| federal government or any of its agencies or instrumentalities, | 24 |
| the State or
any of its
agencies or instrumentalities, or any | 25 |
| unit of local government to be used for
any of the
purposes of | 26 |
| this Act. Additionally, the Office of the Lieutenant Governor | 27 |
| may
enter into
any agreement with the federal or State | 28 |
| government or any of their agencies or
instrumentalities or | 29 |
| with any unit of local government concerning these grants,
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| loans, or
appropriations.
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| Section 20. Grant criteria. The Office of the Lieutenant | 32 |
| Governor shall establish eligibility criteria for grants under | 33 |
| this Act. |
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| Section 905. The State Finance Act is amended by adding | 2 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Clean Water Trust Fund.
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| Section 910. The General Obligation Bond Act is amended by | 6 |
| changing
Sections 2 and 6 as follows:
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| (30 ILCS 330/2) (from Ch. 127, par. 652)
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| Sec. 2. Authorization for Bonds. The State of Illinois is | 9 |
| authorized to
issue, sell and provide for the retirement of | 10 |
| General Obligation Bonds of
the State of Illinois for the | 11 |
| categories and specific purposes expressed in
Sections 2 | 12 |
| through 8 of this Act, in the total amount of $27,693,149,369
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| $27,658,149,369 .
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| The bonds authorized in this Section 2 and in Section 16 of | 15 |
| this Act are
herein called "Bonds".
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| Of the total amount of Bonds authorized in this Act, up to | 17 |
| $2,200,000,000
in aggregate original principal amount may be | 18 |
| issued and sold in accordance
with the Baccalaureate Savings | 19 |
| Act in the form of General Obligation
College Savings Bonds.
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| Of the total amount of Bonds authorized in this Act, up to | 21 |
| $300,000,000 in
aggregate original principal amount may be | 22 |
| issued and sold in accordance
with the Retirement Savings Act | 23 |
| in the form of General Obligation
Retirement Savings Bonds.
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| Of the total amount of Bonds authorized in this Act, the | 25 |
| additional
$10,000,000,000 authorized by Public
this | 26 |
| amendatory Act 93-2
of
the 93rd General
Assembly shall be used | 27 |
| solely as provided in Section 7.2.
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| The issuance and sale of Bonds pursuant to the General | 29 |
| Obligation Bond
Act is an economical and efficient method of | 30 |
| financing the capital and
general operating needs of
the State. | 31 |
| This Act will permit the issuance of a multi-purpose General
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| Obligation Bond with uniform terms and features. This will not | 33 |
| only lower
the cost of registration but also reduce the overall |
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| cost of issuing debt
by improving the marketability of Illinois | 2 |
| General Obligation Bonds.
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| (Source: P.A. 92-13, eff. 6-22-01; 92-596, eff. 6-28-02; | 4 |
| 92-598, eff.
6-28-02; 93-2, eff. 4-7-03.)
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| (30 ILCS 330/6) (from Ch. 127, par. 656) | 6 |
| Sec. 6. Anti-Pollution.
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| (a) The amount of $319,815,000 is authorized for
allocation | 8 |
| by the
Environmental Protection Agency for grants or loans to | 9 |
| units of local
government in such amounts, at such times and | 10 |
| for such purpose as the Agency
deems necessary or desirable for | 11 |
| the planning, financing, and construction of
municipal sewage | 12 |
| treatment works and solid waste disposal facilities and for
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| making of deposits into the Water Revolving Fund and
the U.S. | 14 |
| Environmental Protection Fund to provide assistance in | 15 |
| accordance
with the provisions of Title IV-A of the | 16 |
| Environmental Protection Act.
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| (b) The amount of $160,500,000 is authorized for allocation | 18 |
| by the
Environmental Protection Agency for payment of claims | 19 |
| submitted to the State
and approved for payment under the | 20 |
| Leaking Underground Storage Tank Program
established in Title | 21 |
| XVI of the Environmental Protection Act.
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| (c) The amount of $35,000,000 is authorized for use by the | 23 |
| Office of the
Lieutenant Governor for the purposes stated in | 24 |
| Section 10 of the Clean Water
Bond Act.
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| (Source: P.A. 92-13, eff. 6-22-01; 92-598, eff. 6-28-02; | 26 |
| 93-650, eff. 1-8-04.)
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| Section 999. Effective date. This Act takes effect upon | 28 |
| becoming law.
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