Illinois General Assembly - Full Text of HB2219
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Full Text of HB2219  103rd General Assembly




HB2219 EnrolledLRB103 03428 AWJ 48434 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Sections 9.6a and 56 as follows:
6    (70 ILCS 2605/9.6a)  (from Ch. 42, par. 328.6a)
7    Sec. 9.6a. Bonds for sewage treatment, and water quality,
8and facility improvements. The corporate authorities of a
9sanitary district, in order to provide funds required for the
10replacing, remodeling, completing, altering, constructing and
11enlarging of sewage treatment works, administrative buildings,
12water quality improvement projects, distributed renewable
13energy generation devices, or flood control facilities, and
14additions therefor, pumping stations, tunnels, conduits,
15intercepting sewers and outlet sewers, together with the
16equipment, including air pollution equipment, and
17appurtenances thereto, to acquire property, real, personal or
18mixed, necessary for said purposes, for costs and expenses for
19the acquisition of the sites and rights-of-way necessary
20thereto, and for engineering expenses for designing and
21supervising the construction of such works, may issue on or
22before December 31, 2034, in addition to all other obligations
23heretofore or herein authorized, bonds, notes or other



HB2219 Enrolled- 2 -LRB103 03428 AWJ 48434 b

1evidences of indebtedness for such purposes in an aggregate
2amount at any one time outstanding not to exceed 3.35% of the
3equalized assessed valuation of all taxable property within
4the sanitary district, to be ascertained by the last
5assessment for State and local taxes previous to the issuance
6of any such obligations. Such obligations shall be issued
7without submitting the question of such issuance to the legal
8voters of such sanitary district for approval.
9    The corporate authorities may sell such obligations at
10private or public sale and enter into any contract or
11agreement necessary, appropriate or incidental to the exercise
12of the powers granted by this Act, including, without
13limitation, contracts or agreements for the sale and purchase
14of such obligations and the payment of costs and expenses
15incident thereto. The corporate authorities may pay such costs
16and expenses, in whole or in part, from the corporate fund.
17    Such obligations shall be issued from time to time only in
18amounts as may be required for such purposes but the amount of
19such obligations issued during any one budget year shall not
20exceed $150,000,000 plus the amount of any obligations
21authorized by this Act to be issued during the 3 budget years
22next preceding the year of issuance but which were not issued,
23provided, however, that this limitation shall not be
24applicable (i) to the issuance of obligations to refund bonds,
25notes or other evidences of indebtedness, (ii) to obligations
26issued to provide for the repayment of money received from the



HB2219 Enrolled- 3 -LRB103 03428 AWJ 48434 b

1Water Pollution Control Revolving Fund for the construction or
2repair of wastewater treatment works, and (iii) to obligations
3issued as part of the American Recovery and Reinvestment Act
4of 2009, issued prior to January 1, 2011, that are commonly
5known as "Build America Bonds" as authorized by Section 54AA
6of the Internal Revenue Code of 1986, as amended. Each
7ordinance authorizing the issuance of the obligations shall
8state the general purpose or purposes for which they are to be
9issued, and the corporate authorities may at any time
10thereafter pass supplemental appropriations ordinances
11appropriating the proceeds from the sale of such obligations
12for such purposes.
13    Notwithstanding anything to the contrary in Section 9.6 or
14this Section, and in addition to any other amount of bonds
15authorized to be issued under this Act, the corporate
16authorities are authorized to issue from time to time bonds of
17the district in a principal amount not to exceed $600,000,000
18for the purpose of making contributions to the pension fund
19established under Article 13 of the Illinois Pension Code
20without submitting the question of issuing bonds to the voters
21of the District. Any bond issuances under this paragraph are
22intended to decrease the unfunded liability of the pension
23fund and shall not decrease the amount of the employer
24contributions required in any given year under Section 13-503
25of the Illinois Pension Code.
26    The corporate authorities may issue bonds, notes or other



HB2219 Enrolled- 4 -LRB103 03428 AWJ 48434 b

1evidences of indebtedness in an amount necessary to provide
2funds to refund outstanding obligations issued pursuant to
3this Section, including interest accrued or to accrue thereon.
4(Source: P.A. 101-302, eff. 1-1-20; 102-707, eff. 4-22-22.)
5    (70 ILCS 2605/56)
6    Sec. 56. Resource recovery.
7    (a) The General Assembly finds that:
8        (1) technological advancements in wastewater treatment
9    have resulted in the ability to capture recovered
10    resources and produce renewable energy resources from
11    material previously discarded;
12        (2) the capture and beneficial reuse of recovered
13    resources and the production of renewable energy resources
14    serves a wide variety of environmental benefits including,
15    but not limited to, improved water quality, reduction of
16    greenhouse gases, reduction of carbon footprint, reduction
17    of landfill usage, reduced usage of hydrocarbon-based
18    fuels, return of nutrients to the food cycle, and reduced
19    water consumption;
20        (3) the district is a leader in the field of
21    wastewater treatment and possesses the expertise and
22    experience necessary to capture and beneficially reuse or
23    prepare for beneficial reuse recovered resources,
24    including renewable energy resources; and
25        (4) the district has the opportunity and ability to



HB2219 Enrolled- 5 -LRB103 03428 AWJ 48434 b

1    change the approach to wastewater treatment from that of a
2    waste material to be disposed of to one of a collection of
3    resources to be recovered, reused, and sold, with the
4    opportunity to provide the district with additional
5    sources of revenue and reduce operating costs.
6    (b) As used in this Section:
7    "Distributed renewable energy generation device" has the
8meaning given to that term in Section 1-10 of the Illinois
9Power Agency Act.
10    "Recovered resources" means any material produced by or
11extracted from the operation of district facilities,
12including, but not limited to:
13        (1) solids, including solids from the digestion
14    process, semi-solids, or liquid materials;
15        (2) gases, including biogas, carbon dioxide, and
16    methane;
17        (3) nutrients;
18        (4) algae;
19        (5) treated effluent; and
20        (6) thermal energy or hydropower.
21    "Renewable energy facility" shall have the same meaning as
22a facility defined under Section 5 of the Renewable Energy
23Production District Act.
24    "Renewable energy resources" means resources as defined
25under Section 1-10 of the Illinois Power Agency Act.
26    "Resource recovery" means the recovery of material or



HB2219 Enrolled- 6 -LRB103 03428 AWJ 48434 b

1energy from waste as defined under Section 3.435 of the
2Illinois Environmental Protection Agency Act.
3    (c) The district may sell or otherwise dispose of
4recovered resources or renewable energy resources resulting
5from the operation of district facilities, and may construct,
6maintain, finance, and operate such activities, facilities,
7distributed renewable energy generation devices, and other
8works as are necessary for that purpose.
9    (d) The district may take in materials which are used in
10the generation of usable products from recovered resources, or
11which increase the production of renewable energy resources,
12including, but not limited to food waste, organic fraction of
13solid waste, commercial or industrial organic wastes, fats,
14oils, and greases, and vegetable debris.
15    (e) The authorizations granted to the district under this
16Section shall not be construed as modifying or limiting any
17other law or regulation. Any actions taken pursuant to the
18authorities granted in this Section must be in compliance with
19all applicable laws and regulations, including, but not
20limited to, the Environmental Protection Act, and rules
21adopted under that Act.
22(Source: P.A. 98-731, eff. 7-16-14.)