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90_SB1500enr
70 ILCS 1830/1.1 new
70 ILCS 1830/7.1 from Ch. 19, par. 507.1
70 ILCS 1830/10 from Ch. 19, par. 510
70 ILCS 1830/9 rep.
70 ILCS 1830/11 rep.
Amends the Kaskaskia Regional Port District Act.
Provides that the main purpose of the Act is to promote
industrial, commercial, transportation, and economic
activities. Provides that the Port District has the right to
acquire, own, construct, lease, operate and maintain, among
other things, transportation equipment facilities, railroads
and marinas, and airport facilities. Provides that the
District has the power to acquire, own, construct, lease or
contract for any period not exceeding 99 years, operate,
develop, and maintain water, sewage, and other utility
systems and services for the use of any tenant, occupant, or
user of the District or any person engaged in commerce in the
District. Provides that the Board may promulgate reasonable
regulations prescribing the qualification of operators (now
bidders). Requires that copies of the regulations be made
available to all prospective operators (now bidders).
Repeals provisions concerning public warehouses and grain
elevators.
LRB9011204MWpc
SB1500 Enrolled LRB9011204MWpc
1 AN ACT concerning port districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Build Illinois Act is amended by adding
5 Section 9-11 as follows:
6 (30 ILCS 750/9-11 new)
7 Sec. 9-11. Port Development Revolving Loan Program.
8 (1) There is created in the State Treasury the Port
9 Development Revolving Loan Fund, referred to in this Section
10 as the Fund. Moneys in the Fund may be appropriated for the
11 purposes of the Port Development Revolving Loan Program
12 created by this Section to be administered by the Department
13 of Commerce and Community Affairs in order to facilitate and
14 enhance the utilization of Illinois' navigable waterways or
15 the development of inland intermodal freight facilities or
16 both. The Department may adopt rules for the administration
17 of the Program.
18 The General Assembly may make appropriations for the
19 purposes of the Program. Repayment of loans made to
20 individual port districts shall be paid back into the Fund to
21 establish an ongoing revolving loan fund to facilitate
22 continuing port development activities in the State.
23 (2) Loan funds from the Program shall be made available
24 to Illinois port districts on a competitive basis. In order
25 to obtain assistance under the Program, a port district must
26 submit a comprehensive application to the Department for
27 consideration.
28 Projects eligible for funding under the Program must be
29 intermodal facilities and within the scope of powers and
30 responsibilities as granted in each port district's enabling
31 legislation. Loan funds shall not be used for working
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1 capital or administrative purposes by the port district.
2 (3) The maximum amount which may be loaned from the
3 Program to fund any one project is $3,000,000. Program funds
4 may be used for up to 50% of an individual project financing.
5 The balance of financing for an individual project must be
6 secured by the respective district.
7 The maximum loan term shall be for 20 years with an
8 interest rate of 5% per annum. Principal and interest
9 payments shall be made on a semi-annual basis.
10 (4) In order to receive a loan from the Program, a port
11 district must:
12 (a) demonstrate that the proposed project shall
13 generate sufficient revenue to support amortization of
14 the loan and be willing to pledge revenues from the
15 project to loan repayment or
16 (b) demonstrate that the port district can
17 financially support debt service payments through general
18 revenue sources of the port district and pledge the full
19 faith and credit of the port district to loan repayment.
20 In order to achieve the requirement of paragraph (a) of
21 this subsection (4), the port district may use guarantees
22 provided under facility operating agreements or guaranteed
23 facility use agreements from private concerns to demonstrate
24 loan repayment ability.
25 Certain infrastructure facilities developed under the
26 Program may be general use public facilities where there is
27 not a definitive and guaranteed revenue stream to support the
28 project, nevertheless the facilities are important to
29 facilitate overall long term port development objectives. In
30 such cases, the full faith and credit of the port district
31 may be used as loan collateral.
32 (5) A loan agreement shall be executed between the port
33 district and the State stipulating all of the terms and
34 conditions of the loan. The Department shall release funds
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1 on a reimbursement basis for eligible costs of the project as
2 incurred. The port district shall certify to the Department
3 that expenses incurred during construction are in accordance
4 with plans and specifications as approved by the Department.
5 Funds may be drawn once per month during construction of the
6 project.
7 (6) The loan agreement shall contain customary and usual
8 loan default provisions in the event the port district fails
9 to make the required payments. The loan agreement shall
10 stipulate the State's recourse in curing any default.
11 In the event a port district becomes delinquent in
12 payments to the State, that port district shall not be
13 eligible for any future loans until the delinquency is
14 remedied.
15 (7) Individual port district project applications shall
16 include the following:
17 (a) Statement of purpose. A description of the
18 project shall be submitted along with the project's
19 anticipated overall effect on meeting port district
20 objectives.
21 (b) Project impact. The anticipated net effects of
22 the project shall be enumerated. These impacts may
23 include the economic impact to the State, employment
24 impact, intermodal freight impacts, and environmental
25 impacts.
26 (c) Cost estimates and preliminary project layout.
27 The overall project development cost estimate and general
28 site and or facility drawings.
29 (d) Proposed loan amount. A statement as to the
30 amount proposed from the Program and the port district's
31 intentions as to the source of other financing for the
32 project.
33 (e) Business Proforma. A detailed business
34 proforma must be supplied which estimates
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1 facility/project revenues as well as operating costs and
2 debt service.
3 (f) Loan collateral and guarantees. The port
4 district's intentions as to how it intends to
5 collateralize the loan amount, including third party
6 guarantees, pledging of project and facility revenue, or
7 pledging general revenues of the district.
8 (8) The Department shall annually invite Illinois port
9 districts to submit projects for consideration under the
10 Program. The Department shall perform a cost/benefit
11 analysis of each project to determine if a project meets
12 minimum requirements for eligibility. Those applications
13 which meet minimum criteria shall then be ranked by the
14 overall net positive impact on the State.
15 (a) Minimum criteria shall include:
16 (i) positive cost/benefit ratio;
17 (ii) demonstrated economic feasibility of the
18 project; and
19 (iii) the ability of the port district to
20 repay the loan.
21 (b) Ranking criteria may include:
22 (i) a cost/benefit ratio of project in
23 relation to other projects;
24 (ii) product tonnage to be handled;
25 (iii) product value to be handled;
26 (iv) soundness of business proposition;
27 (v) positive intermodal impacts of Illinois
28 transportation system;
29 (vi) meets overall State transportation
30 objectives;
31 (vii) economic impact to the State; or
32 (viii) environmental benefits of the project.
33 Projects shall be selected according to their ranking up
34 to the limit of available funds. Selected projects shall be
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1 invited to submit detailed plans, specifications, operating
2 agreements, environmental clearances, evidence of property
3 title, and other documentation as necessitated by the
4 project. When the Department determines all necessary
5 requirements are met and the remainder of the project
6 financing is available, a loan agreement shall be executed
7 and project development may commence.
8 Section 4. The State Finance Act is amended by adding
9 Section 5.480 as follows:
10 (30 ILCS 105/5.480 new)
11 Sec. 5.480. The Port Development Revolving Loan Fund.
12 Section 5. The Kaskaskia Regional Port District Act is
13 amended by changing Sections 7.1 and 10 and by adding Section
14 1.1 as follows:
15 (70 ILCS 1830/1.1 new)
16 Sec. 1.1. Purpose. The General Assembly declares that
17 the main purpose of this Act is to promote industrial,
18 commercial, transportation, and economic activities thereby
19 reducing the evils attendant upon unemployment and enhancing
20 the public health and welfare of this State.
21 (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
22 Sec. 7.1. Additional rights and powers.
23 The Port District has the following additional rights and
24 powers:
25 (a) To issue permits for the construction of all
26 wharves, piers, dolphins, booms, weirs, breakwaters,
27 bulkheads, jetties, bridges or other structures of any kind,
28 over, under, in, or within 40 feet of any navigable waters
29 within the Port District, for the deposit of rock, earth,
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1 sand or other material, or any matter of any kind or
2 description in such waters;
3 (b) To prevent and remove obstructions in navigable
4 waters, including the removal of wrecks;
5 (c) To locate and establish dock lines and shore or
6 harbor lines;
7 (d) To regulate the anchorage, moorage and speed of
8 water borne vessels and to establish and enforce regulations
9 for the operation of bridges;
10 (e) To acquire, own, construct, lease, operate and
11 maintain terminals, terminal facilities, port facilities,
12 transportation equipment facilities, railroads and marinas,
13 and airport facilities and transport equipment facilities and
14 systems, and to fix and collect just, reasonable, and
15 non-discriminatory charges for use of such facilities,
16 equipment and systems. The charges so collected shall be used
17 to defray the reasonable expenses of the Port District, and
18 to pay the principal of and interest on any revenue bonds
19 issued by the Port District;
20 (f) To operate, maintain, manage, lease, sub-lease, and
21 to make and enter into contracts for the use, operation or
22 management of, and to provide rules and regulations for, the
23 operation, management or use of, any public port or public
24 port facility;
25 (g) To fix, charge and collect reasonable rentals,
26 tolls, fees and charges for the use of any public port, or
27 any part thereof, or any public port facility;
28 (h) To establish, maintain, expand and improve roadways,
29 railroads, and approaches by land, or water, to any such
30 terminal, terminal facility and port facilities, and to
31 contract or otherwise provide by condemnation, if necessary,
32 for the removal of any port, terminal, terminal facilities
33 and port facility hazards or the removal or relocation of all
34 private structures, railroads, mains, pipes, conduits, wires,
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1 poles, and all other facilities and equipment which may
2 interfere with the location, expansion, development or
3 improvement of ports, terminals, terminal facilities and port
4 facilities or with the safe approach thereto, or exit or
5 takeoff therefrom by vehicles, vessels, barges and other
6 means of transportation, and to pay the cost of removal or
7 relocation;
8 (i) To police its physical property only and all
9 waterways and to exercise police powers in respect thereto or
10 in respect to the enforcement of any rule or regulation
11 provided by the ordinances of the District and to employ and
12 commission police officers and other qualified persons to
13 enforce such rules and regulations. A regulatory ordinance of
14 the District adopted under any provisions of this Section may
15 provide for a suspension or revocation of any rights or
16 privileges within the control of the District for a violation
17 of any such regulatory ordinance.
18 (j) To enter into agreements with the corporate
19 authorities or governing body of any other municipal
20 corporation or any political subdivision of this State to pay
21 the reasonable expense of services furnished by such
22 municipal corporation or political subdivision for or on
23 account of income producing properties of the District;
24 (k) To enter into contracts dealing in any manner with
25 the objects and purposes of this Act;
26 (l) To acquire, own, lease, sell or otherwise dispose of
27 interests in and to real property and improvements situate
28 thereon and in personal property necessary to fulfill the
29 purposes of the District;
30 (m) To designate the fiscal year for the District;
31 (n) To engage in any activity or operation which is
32 incidental to and in furtherance of efficient operation to
33 accomplish the District's primary purpose;
34 (o) To acquire, erect, construct, maintain and operate
SB1500 Enrolled -8- LRB9011204MWpc
1 aquariums, museums, planetariums, climatrons and other
2 edifices for the collection and display of objects pertaining
3 to natural history or the arts and sciences and to permit the
4 directors or trustees of any corporation or society organized
5 for the erection, construction, maintenance and operation of
6 an aquarium, museum, planetarium, climatron or other such
7 edifice to perform such erection, construction, maintenance
8 and operation on or within any property now or hereafter
9 owned by or under the control or supervision of the District;
10 and to contract with any such directors or trustees relative
11 to such acquisition, erection, construction, maintenance and
12 operation and to charge or authorize such directors or
13 trustees to charge an admission fee, the proceeds of which
14 shall be devoted exclusively to such erection, construction,
15 maintenance and operation;
16 (p) To do any act which is enumerated in Section
17 11-74.1-1 of the "Illinois Municipal Code", in the same
18 manner and form as though the District were a "municipality"
19 as referred to in such Section;
20 (q) To acquire, erect, construct, reconstruct, improve,
21 maintain and operate one or more, or a combination or
22 combinations of, industrial buildings, office buildings,
23 buildings to be used as a factory, mill shops, processing
24 plants, packaging plants, assembly plants, fabricating
25 plants, and buildings to be used as warehouses and other
26 storage facilities.
27 (r) To acquire, own, construct, lease or contract for
28 any period not exceeding 99 years, operate, develop, and
29 maintain Port District water and sewage systems and other
30 utility systems and services, including, but not limited to,
31 pipes, mains, lines, sewers, pumping stations, settling
32 tanks, treatment plants, water purification equipment, wells,
33 storage facilities, lines, and all other equipment, material,
34 and facilities necessary to those systems, for the use, upon
SB1500 Enrolled -9- LRB9011204MWpc
1 payment of reasonable fee set by the District, of any tenant,
2 occupant, or user of the District facilities or any person
3 engaged in commerce in the District; provided that the
4 District shall not acquire, own, construct, lease, operate,
5 develop, and maintain the systems and services if those
6 systems and services can be provided by an investor-owned
7 public utility offering electric or gas services. The public
8 utility shall provide the District with a written response,
9 within 30 days after receiving a written request from the
10 District for those systems or services, stating whether it
11 will or will not be able to provide the requested systems or
12 services in accordance with the Public Utilities Act.
13 (Source: P.A. 77-2109.)
14 (70 ILCS 1830/10) (from Ch. 19, par. 510)
15 Sec. 10. Regulations as to qualifications of operators.
16 The Board, by ordinance, may promulgate reasonable
17 regulations prescribing qualifications of the operators
18 bidders as to experience, adequacy of equipment, ability to
19 complete performance within the time set, and other factors
20 in addition to financial responsibility, and may by ordinance
21 provide for suitable performance guaranties to qualify a bid.
22 Copies of all such regulations shall be made available to all
23 prospective operators bidders.
24 (Source: Laws 1965, p. 1013.)