Illinois Compiled Statutes
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20 ILCS 3515/3
(20 ILCS 3515/3)
(from Ch. 127, par. 723)
In this Act, unless the context otherwise
clearly requires, the terms used herein shall have the meanings ascribed
to them as follows:
(a) "Bonds" means any bonds, notes, debentures, temporary, interim
or permanent certificates of indebtedness or other obligations
(b) "Directing body" means the members of the State authority.
(c) "Environmental facility" or "facilities" means any land,
interest in land, building, structure, facility, system, fixture,
improvement, appurtenance, machinery, equipment or any combination
thereof, and all real and personal property deemed necessary therewith,
having to do with or the primary purpose of which is, reducing, controlling or
preventing pollution, or reclaiming surface mined land. Environmental
facilities may be located anywhere in this State and may include those
facilities or processes used to (i) remove potential pollutants from coal prior
to combustion, (ii) reduce the volume or composition of hazardous waste by
changing or replacing manufacturing equipment or processes, (iii) recycle
hazardous waste, or (iv) recover resources from hazardous waste. Environmental
facilities may also include (i) solar collectors, solar storage mechanisms and
solar energy systems, as defined in Section 10-5 of the Property Tax Code; (ii) facilities designed to collect,
store, transfer, or distribute, for residential, commercial or industrial use,
heat energy which is a by-product of industrial or energy generation processes
and which would otherwise be wasted; (iii) facilities designed to remove
pollutants from emissions that result from the combustion of coal; and (iv)
facilities for the combustion of coal in a fluidized bed boiler. Environmental
facilities may be located outside of the State, provided that the environmental facility must either (i) be owned, operated, leased, or managed by an entity located within the State or an entity affiliated with an entity located within the State or (ii) substantially reduce, control, and prevent the environmental damage and pollution within the State. Environmental
facilities include landfill gas recovery facilities, as defined in the Illinois
Environmental Protection Act.
Environmental facilities do not include any land, interest in land,
buildings, structure, facility, system, fixture, improvement,
appurtenance, machinery, equipment or any combination thereof, and all real
and personal property deemed necessary therewith, having to do with a
hazardous waste disposal site, except where such land, interest in land,
buildings, structure, facility, system, fixture, improvement, appurtenance,
machinery, equipment, real or personal property are used for the management
or recovery of gas generated by a hazardous waste disposal site or are used
for recycling, reclamation, tank storage or treatment in tanks which occurs
on the same site as a hazardous waste disposal site.
(d) "Finance" or "financing" means the issuing of revenue bonds
pursuant to Section 9 of this Act by the State authority for the purpose
of using the proceeds to pay project costs for an environmental or
hazardous waste treatment facility including one in or to which title at all
times remains in a person other than the State authority, in which case the
bonds of the Authority are secured by a pledge of one or more notes,
debentures, bonds or other obligations, secured or unsecured, of any person.
(e) "Person" means any individual, partnership, copartnership, firm,
company, corporation (including public utilities), association, joint
stock company, trust, estate, political subdivision, state agency, or
any other legal entity, or their legal representative, agent or assigns.
(f) "Pollution" means any form of environmental pollution including,
but not limited to, water pollution, air pollution, land pollution,
solid waste pollution, thermal pollution, radiation contamination, or
noise pollution as determined by the various standards prescribed by
this state or the federal government and including but not limited to,
anything which is considered as pollution or environmental damage in the
Environmental Protection Act, approved June 29, 1970, as now or
(g) "Project costs" as applied to environmental or hazardous waste
treatment facilities financed under this Act means and includes the sum
total of all reasonable or necessary costs incidental to the acquisition,
construction, reconstruction, repair, alteration, improvement and extension
of such environmental or hazardous waste treatment facilities including
without limitation the cost of studies and surveys; plans, specifications,
architectural and engineering services; legal, organization, marketing or other
special services; financing, acquisition, demolition, construction, equipment
and site development of new and rehabilitated buildings; rehabilitation,
reconstruction, repair or remodeling of existing buildings and all other
necessary and incidental expenses including an initial bond and interest
reserve together with interest on bonds issued to finance such environmental or
hazardous waste treatment facilities to a date 6 months subsequent to the
estimated date of completion.
(h) "State authority" or "authority" means the Illinois
Finance Authority created by the Illinois Finance
(i) "Small business" or "small businesses" means those commercial
and manufacturing entities which at the time of their application to the
authority meet those criteria, as interpreted and applied by the State
authority, for definition as a "small business" established for the
Small Business Administration and set forth as Section 121.3-10 of Part
121 of Title 13 of the Code of Federal Regulations as such Section is in
effect on the effective date of this amendatory Act of 1975.
(j) "New coal-fired electric utility steam generating plants" and "new
coal-fired industrial boilers" means those plants and boilers on which
construction begins after the effective date of this amendatory Act of 1981.
(k) "Hazardous waste treatment facility" means any land, interest in
land, building, structure, facility, system, fixture, improvement,
appurtenance, machinery, equipment, or any combination thereof, and all
real and personal property deemed necessary therewith, the primary purpose
of which is to recycle, incinerate, or physically, chemically, biologically
or otherwise treat hazardous wastes, or to reduce the production of
hazardous wastes by changing or replacing manufacturing equipment or
processes, and which meets the requirements of the Environmental Protection
Act and all regulations adopted thereunder.
(l) The term "significant presence" means the existence within the State of the national or regional headquarters of an entity or group or such other facility of an entity or group of entities where a significant amount of the business functions are performed for such entity or group of entities.
(Source: P.A. 98-90, eff. 7-15-13.)