State of Illinois
90th General Assembly
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90_SB1584

      415 ILCS 5/19.3           from Ch. 111 1/2, par. 1019.3
      415 ILCS 5/19.4           from Ch. 111 1/2, par. 1019.4
          Amends the Environmental Protection Act.   Provides  that
      moneys  from the Public Water Supply Loan Program used to buy
      or  refinance  the  debt  obligation  of  a  unit  of   local
      government  shall  be used only to buy or refinance that debt
      at or below market rates.  Provides that priority  in  making
      loans  from  the  Public  Water  Supply Loan Program shall be
      given to  refinancing  debt  of  units  of  local  government
      incurred  after  July  1,  1993  for  capital improvements to
      protect human health and to achieve compliance with State and
      federal primary drinking water standards.
                                                     LRB9008759LDbd
                                               LRB9008759LDbd
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Sections 19.3 and 19.4.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Environmental Protection Act  is  amended
 6    by changing Sections 19.3 and 19.4 as follows:
 7        (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
 8        Sec. 19.3.  Water Revolving Fund.
 9        (a)  There  is hereby created within the State Treasury a
10    Water  Revolving  Fund,  consisting  of  3   interest-bearing
11    special  programs  to be known as the Water Pollution Control
12    Loan Program, the Public Water Supply Loan Program,  and  the
13    Loan Support Program, which shall be used and administered by
14    the Agency.
15        (b)  The  Water  Pollution  Control Loan Program shall be
16    used and administered by the Agency to provide assistance  to
17    local government units for the following public purposes:
18             (1)  to  accept  and retain funds from grant awards,
19        appropriations, transfers, and payments of  interest  and
20        principal;
21             (2)  to   make  direct  loans  at  or  below  market
22        interest rates to any eligible local government  unit  to
23        finance the construction of wastewater treatments works;
24             (3)  to   make  direct  loans  at  or  below  market
25        interest rates to any eligible local government  unit  to
26        buy  or  refinance  debt  obligations for treatment works
27        incurred after March 7, 1985;
28             (4)  to guarantee or purchase  insurance  for  local
29        obligations where such action would improve credit market
30        access or reduce interest rates;
31             (5)  as  a  source  of  revenue  or security for the
                            -2-                LRB9008759LDbd
 1        payment of principal and interest on revenue  or  general
 2        obligation  bonds issued by the State, if the proceeds of
 3        such bonds will be deposited in the Fund;
 4             (6)  to finance the reasonable costs incurred by the
 5        Agency in the administration of the Fund; and
 6             (7)  to transfer funds to the  Public  Water  Supply
 7        Loan Program.
 8        (c)  The   Loan   Support   Program  shall  be  used  and
 9    administered by the Agency for the following purposes:
10             (1)  to accept and retain funds  from  grant  awards
11        and appropriations;
12             (2)  to finance the reasonable costs incurred by the
13        Agency  in  the  administration  of  the  Fund, including
14        activities under Title III of  this  Act,  including  the
15        administration of the State construction grant program;
16             (3)  to   transfer  funds  to  the  Water  Pollution
17        Control Loan Program and the  Public  Water  Supply  Loan
18        Program;
19             (4)  to  accept  and  retain  a  portion of the loan
20        repayments;
21             (5)  to finance the development of the low  interest
22        loan program for public water supply projects;
23             (6)  to finance the reasonable costs incurred by the
24        Agency  to  provide technical assistance for public water
25        supplies; and
26             (7)  to finance the reasonable costs incurred by the
27        Agency for public water system supervision  programs,  to
28        administer  or  provide  for technical assistance through
29        source  water  protection  programs,   to   develop   and
30        implement  a  capacity development strategy, to delineate
31        and assess source water  protection  areas,  and  for  an
32        operator certification program in accordance with Section
33        1452 of the federal Safe Drinking Water Act.
34        (d)  The  Public  Water Supply Loan Program shall be used
                            -3-                LRB9008759LDbd
 1    and administered by the Agency to provide assistance to local
 2    government units for public water supplies for the  following
 3    public purposes:
 4             (1)  to  accept  and retain funds from grant awards,
 5        appropriations, transfers, and payments of  interest  and
 6        principal;
 7             (2)  to   make  direct  loans  at  or  below  market
 8        interest rates to any eligible local government  unit  to
 9        finance the construction of public water supplies;
10             (3)  to   buy  or  refinance,  at  or  below  market
11        interest rates, the debt obligation of a local government
12        unit  for  costs  incurred  on  or  after  July  17,  the
13        effective date of this amendatory Act of 1997;
14             (4)  to  guarantee  local  obligations  where   such
15        action  would  improve  credit  market  access  or reduce
16        interest rates;
17             (5)  as a source of  revenue  or  security  for  the
18        payment  of  principal and interest on revenue or general
19        obligation bonds issued by the State, if the proceeds  of
20        such bonds will be deposited into the Fund; and
21             (6)  to   transfer  funds  to  the  Water  Pollution
22        Control Loan Program.
23        (e)   The  Agency  is  designated  as  the  administering
24    agency of the Fund.  The Agency shall submit to the  Regional
25    Administrator  of  the United States Environmental Protection
26    Agency an intended use plan which outlines the  proposed  use
27    of  funds  available to the State.  The Agency shall take all
28    actions necessary to secure to the State the benefits of  the
29    federal  Water  Pollution  Control  Act  and the federal Safe
30    Drinking Water Act, as now or hereafter amended.
31    (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
32        (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
33        Sec.  19.4.  The  Agency  shall  have  the  authority  to
                            -4-                LRB9008759LDbd
 1    promulgate regulations to set forth procedures  and  criteria
 2    concerning  loan applications, assurance of payment, interest
 3    rates,  loan  support  rates,   impact   on   user   charges,
 4    eligibility  of  proposed  construction,  priority  of needs,
 5    special loan terms for disadvantaged communities, and maximum
 6    limits on annual distributions  of  funds  to  applicants  or
 7    groups  of applicants.  The Agency shall develop and maintain
 8    a priority list of loan applicants as  categorized  by  need.
 9    Priority  in  making  loans  from the Water Pollution Control
10    Loan Program must first be given to  local  government  units
11    which need to make capital improvements to achieve compliance
12    with  National  Pollutant Discharge Elimination System permit
13    requirements pursuant to the federal  Water  Quality  Act  of
14    1987  and  this Act. Priority in making loans from the Public
15    Water Supply Loan  Program  must  first  be  given  to  local
16    government  units  that  need to make capital improvements to
17    protect human health and to achieve compliance with the State
18    and federal primary drinking water standards adopted pursuant
19    to this Act and the federal Safe Drinking Water Act,  as  now
20    and hereafter amended and to refinance debt of units of local
21    government  incurred  after  July  1,  1993  for such capital
22    improvements.
23    (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)

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