101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4930

 

Introduced 2/18/2020, by Rep. David A. Welter

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/19.3  from Ch. 111 1/2, par. 1019.3

    Amends the Environmental Protection Act. Provides that a wastewater treatment facility located in the Village of Lisbon in Kendall County is allowed to apply for the Water Pollution Control Loan Program for the purposes of refinancing existing debt. Effective immediately.


LRB101 18168 CPF 67610 b

 

 

A BILL FOR

 

HB4930LRB101 18168 CPF 67610 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 19.3 as follows:
 
6    (415 ILCS 5/19.3)  (from Ch. 111 1/2, par. 1019.3)
7    Sec. 19.3. Water Revolving Fund.
8    (a) There is hereby created within the State Treasury a
9Water Revolving Fund, consisting of 3 interest-bearing special
10programs to be known as the Water Pollution Control Loan
11Program, the Public Water Supply Loan Program, and the Loan
12Support Program, which shall be used and administered by the
13Agency.
14    (b) The Water Pollution Control Loan Program shall be used
15and administered by the Agency to provide assistance for the
16following purposes:
17        (1) to accept and retain funds from grant awards,
18    appropriations, transfers, and payments of interest and
19    principal;
20        (2) to make direct loans at or below market interest
21    rates and to provide additional subsidization, including,
22    but not limited to, forgiveness of principal, negative
23    interest rates, and grants, to any eligible local

 

 

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1    government unit to finance the construction of treatments
2    works, including storm water treatment systems that are
3    treatment works, and projects that fulfill federal State
4    Revolving Fund grant requirements for a green project
5    reserve;
6        (2.5) with respect to funds provided under the American
7    Recovery and Reinvestment Act of 2009:
8            (A) to make direct loans at or below market
9        interest rates to any eligible local government unit
10        and to provide additional subsidization to any
11        eligible local government unit, including, but not
12        limited to, forgiveness of principal, negative
13        interest rates, and grants;
14            (B) to make direct loans at or below market
15        interest rates to any eligible local government unit to
16        buy or refinance debt obligations for treatment works
17        incurred on or after October 1, 2008; and
18            (C) to provide additional subsidization,
19        including, but not limited to, forgiveness of
20        principal, negative interest rates, and grants for
21        treatment works incurred on or after October 1, 2008;
22        (3) to make direct loans at or below market interest
23    rates and to provide additional subsidization, including,
24    but not limited to, forgiveness of principal, negative
25    interest rates, and grants, to any eligible local
26    government unit to buy or refinance debt obligations for

 

 

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1    costs incurred after March 7, 1985, for the construction of
2    treatment works, including storm water treatment systems
3    that are treatment works, and projects that fulfill federal
4    State Revolving Fund grant requirements for a green project
5    reserve;
6        (3.5) to make loans, including, but not limited to,
7    loans through a linked deposit program, at or below market
8    interest rates for the implementation of a management
9    program established under Section 319 of the Federal Water
10    Pollution Control Act, as amended;
11        (4) to guarantee or purchase insurance for local
12    obligations where such action would improve credit market
13    access or reduce interest rates;
14        (5) as a source of revenue or security for the payment
15    of principal and interest on revenue or general obligation
16    bonds issued by the State or any political subdivision or
17    instrumentality thereof, if the proceeds of such bonds will
18    be deposited in the Fund;
19        (6) to finance the reasonable costs incurred by the
20    Agency in the administration of the Fund;
21        (7) to transfer funds to the Public Water Supply Loan
22    Program; and
23        (8) notwithstanding any other provision of this
24    subsection (b), to provide, in accordance with rules
25    adopted under this Title, any other financial assistance
26    that may be provided under Section 603 of the Federal Water

 

 

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1    Pollution Control Act for any other projects or activities
2    eligible for assistance under that Section or federal rules
3    adopted to implement that Section.
4    (b-5) The wastewater treatment facility located in the
5Village of Lisbon in Kendall County, specifically located at
6200 East Joliet Street, is allowed to apply for the Water
7Pollution Control Loan Program for the purposes of refinancing
8existing debt.
9    (c) The Loan Support Program shall be used and administered
10by the Agency for the following purposes:
11        (1) to accept and retain funds from grant awards and
12    appropriations;
13        (2) to finance the reasonable costs incurred by the
14    Agency in the administration of the Fund, including
15    activities under Title III of this Act, including the
16    administration of the State construction grant program;
17        (3) to transfer funds to the Water Pollution Control
18    Loan Program and the Public Water Supply Loan Program;
19        (4) to accept and retain a portion of the loan
20    repayments;
21        (5) to finance the development of the low interest loan
22    programs for water pollution control and public water
23    supply projects;
24        (6) to finance the reasonable costs incurred by the
25    Agency to provide technical assistance for public water
26    supplies; and

 

 

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1        (7) to finance the reasonable costs incurred by the
2    Agency for public water system supervision programs, to
3    administer or provide for technical assistance through
4    source water protection programs, to develop and implement
5    a capacity development strategy, to delineate and assess
6    source water protection areas, and for an operator
7    certification program in accordance with Section 1452 of
8    the federal Safe Drinking Water Act.
9    (d) The Public Water Supply Loan Program shall be used and
10administered by the Agency to provide assistance to local
11government units and privately owned community water supplies
12for public water supplies for the following public purposes:
13        (1) to accept and retain funds from grant awards,
14    appropriations, transfers, and payments of interest and
15    principal;
16        (2) to make direct loans at or below market interest
17    rates and to provide additional subsidization, including,
18    but not limited to, forgiveness of principal, negative
19    interest rates, and grants, to any eligible local
20    government unit or to any eligible privately owned
21    community water supply to finance the construction of water
22    supplies and projects that fulfill federal State Revolving
23    Fund grant requirements for a green project reserve;
24        (2.5) with respect to funds provided under the American
25    Recovery and Reinvestment Act of 2009:
26            (A) to make direct loans at or below market

 

 

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1        interest rates to any eligible local government unit or
2        to any eligible privately owned community water
3        supply, and to provide additional subsidization to any
4        eligible local government unit or to any eligible
5        privately owned community water supply, including, but
6        not limited to, forgiveness of principal, negative
7        interest rates, and grants;
8            (B) to buy or refinance the debt obligation of a
9        local government unit for costs incurred on or after
10        October 1, 2008; and
11            (C) to provide additional subsidization,
12        including, but not limited to, forgiveness of
13        principal, negative interest rates, and grants for a
14        local government unit for costs incurred on or after
15        October 1, 2008;
16        (3) to make direct loans at or below market interest
17    rates and to provide additional subsidization, including,
18    but not limited to, forgiveness of principal, negative
19    interest rates, and grants, to any eligible local
20    government unit or to any eligible privately owned
21    community water supply to buy or refinance debt obligations
22    for costs incurred on or after July 17, 1997, for the
23    construction of water supplies and projects that fulfill
24    federal State Revolving Fund requirements for a green
25    project reserve;
26        (4) to guarantee local obligations where such action

 

 

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1    would improve credit market access or reduce interest
2    rates;
3        (5) as a source of revenue or security for the payment
4    of principal and interest on revenue or general obligation
5    bonds issued by the State or any political subdivision or
6    instrumentality thereof, if the proceeds of such bonds will
7    be deposited into the Fund;
8        (6) to transfer funds to the Water Pollution Control
9    Loan Program; and
10        (7) notwithstanding any other provision of this
11    subsection (d), to provide to local government units and
12    privately owned community water supplies any other
13    financial assistance that may be provided under Section
14    1452 of the federal Safe Drinking Water Act for any
15    expenditures eligible for assistance under that Section or
16    federal rules adopted to implement that Section.
17    (e) The Agency is designated as the administering agency of
18the Fund. The Agency shall submit to the Regional Administrator
19of the United States Environmental Protection Agency an
20intended use plan which outlines the proposed use of funds
21available to the State. The Agency shall take all actions
22necessary to secure to the State the benefits of the federal
23Water Pollution Control Act and the federal Safe Drinking Water
24Act, as now or hereafter amended.
25    (f) The Agency shall have the power to enter into
26intergovernmental agreements with the federal government or

 

 

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1the State, or any instrumentality thereof, for purposes of
2capitalizing the Water Revolving Fund. Moneys on deposit in the
3Water Revolving Fund may be used for the creation of reserve
4funds or pledged funds that secure the obligations of repayment
5of loans made pursuant to this Section. For the purpose of
6obtaining capital for deposit into the Water Revolving Fund,
7the Agency may also enter into agreements with financial
8institutions and other persons for the purpose of selling loans
9and developing a secondary market for such loans. The Agency
10shall have the power to create and establish such reserve funds
11and accounts as may be necessary or desirable to accomplish its
12purposes under this subsection and to allocate its available
13moneys into such funds and accounts. Investment earnings on
14moneys held in the Water Revolving Fund, including any reserve
15fund or pledged fund, shall be deposited into the Water
16Revolving Fund.
17    (g) Beginning on the effective date of this amendatory Act
18of the 101st General Assembly, and running for a period of 5
19years after that date, the Agency shall prioritize within its
20annual intended use plan the usage of a portion of the Agency's
21capitalization grant for federally authorized set-aside
22activities. The prioritization is for the purpose of supporting
23disadvantaged communities and utilities throughout Illinois in
24building their capacity for sustainable and equitable water
25management. This may include, but is not limited to, assistance
26for water rate studies, preliminary engineering or other

 

 

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1facility planning, training activities, asset management
2plans, assistance with identification and replacement of lead
3service lines, and studies of efficiency measures through
4utility regionalization or other collaborative
5intergovernmental approaches.
6(Source: P.A. 101-143, eff. 1-1-20.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.