Full Text of SB2350 93rd General Assembly
SB2350sam002 93RD GENERAL ASSEMBLY
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Sen. Patrick Welch
Filed: 3/22/2004
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| AMENDMENT TO SENATE BILL 2350
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| AMENDMENT NO. ______. Amend Senate Bill 2350 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Clean Water Bond Act.
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| Section 5. Findings. The General Assembly makes the | 7 |
| following findings and
determinations:
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| (1) There is a pressing need in the State to improve
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| water quality through the making of loans or grants to
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| local government entities and to encourage partnerships | 11 |
| among federal, State, and local governments and | 12 |
| not-for-profit organizations
for:
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| (A) financing, repairing, upgrading, and
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| constructing wastewater facilities;
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| (B) planning, engineering, acquiring,
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| constructing, and improving watershed, drainage, and
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| flood control improvements, which includes expenses
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| related to land and easement acquisition, relocation,
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| control structures, channel work, and clearing and
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| appurtenant work;
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| (C) the protection, preservation, restoration, | 22 |
| conservation, and improvement of water,
including the | 23 |
| making of grants to soil and water
conservation | 24 |
| districts for the planning and
implementation of |
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| conservation practices and for
funding contracts with | 2 |
| the Soil Conservation Service
for watershed planning | 3 |
| and the provision of cost-sharing for the planning and | 4 |
| implementation of
conservation practices by farmers | 5 |
| and landowners
approved under federal programs of the | 6 |
| United States
Department of Agriculture;
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| (D) capital development and improvement of water
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| projects, including planning and engineering costs,
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| and the acquisition, from willing sellers, of open | 10 |
| space lands related to the protection, preservation, | 11 |
| restoration, conservation, and
improvement of water, | 12 |
| including the
acquisition of easements and other | 13 |
| property interests
of less than fee simple ownership | 14 |
| provided that these mechanisms are all voluntary on the | 15 |
| part of the landowners and do not involve the use of | 16 |
| eminent domain; and
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| (E) the removal and disposition of hazardous
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| substances, including the cost of project management,
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| equipment, laboratory analysis, and contractual
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| services necessary for preventative and corrective
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| actions related to water quality.
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| (2) The issuance and sale of bonds under the General | 23 |
| Obligation Bond Act
is an economical and efficient method | 24 |
| of financing the goals of this Act.
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| Section 7. Definitions. As used in this Act: | 26 |
| "Local government entity" means a school district, a | 27 |
| municipality, a county, a township, a conservation district, a | 28 |
| soil or water conservation district, a drainage district, a | 29 |
| forest preserve district, a park district, a port district, a | 30 |
| river conservancy district, a sanitary district, a solid waste | 31 |
| disposal district, a surface water protection district, a | 32 |
| public water district, a water service district, a water | 33 |
| authority, a water commission, or any other entity defined as a |
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| "unit of local government" by Section 1 of Article VII of the | 2 |
| Illinois Constitution. | 3 |
| "Not-for-profit organization" means an entity that is | 4 |
| organized as a not-for-profit corporation under the laws of | 5 |
| this State and of the United States. | 6 |
| Section 10. Proceeds of bonds.
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| (a) Of the proceeds of the bonds issued under the General | 8 |
| Obligation Bond
Act
for the purposes of this Act, $35,000,000 | 9 |
| shall be deposited into the
Anti-Pollution Fund
and, subject to | 10 |
| appropriation, shall be transferred to the Clean Water Trust
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| Fund, a
special fund in the State treasury, and, subject to | 12 |
| appropriation, used by the
Office of the
Lieutenant Governor to | 13 |
| fund the making of loans or grants. Loans or grants shall be | 14 |
| awarded only to local government entities, as defined in | 15 |
| Section 7 of this Act, however, this shall not be construed to | 16 |
| prohibit or impede not-for-profit organizations from | 17 |
| submitting applications for loans or grants in partnership with | 18 |
| any entity of local government. Loans and grants shall be | 19 |
| awarded
for the following:
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| (1) the financing and construction of wastewater | 21 |
| facilities;
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| (2) the planning, engineering, acquisition, | 23 |
| construction, and improvement
of watershed, drainage, and | 24 |
| flood control improvements, which includes expenses
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| related to land and easement acquisition from willing | 26 |
| sellers, relocation, control structures,
channel
work, and | 27 |
| clearing and appurtenant work;
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| (3) the protection, preservation, restoration, and | 29 |
| conservation of
water, including the making of grants to | 30 |
| soil and
water conservation districts for the planning and | 31 |
| implementation of
conservation
practices and for funding | 32 |
| contracts with the Soil Conservation Service for
watershed | 33 |
| planning and the provision of cost-sharing for the planning |
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| and
implementation of conservation practices by farmers | 2 |
| and landowners approved
under federal programs of the | 3 |
| United States Department of Agriculture;
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| (4) the capital development and improvement of water
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| projects, including planning and engineering costs, and
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| the acquisition, from willing sellers, of open space lands | 7 |
| related to the
improvement of water quality, including the | 8 |
| acquisition of
easements and other property interests of | 9 |
| less than fee
simple ownership provided that these | 10 |
| mechanisms are all voluntary on the part of the landowners | 11 |
| and do not involve the use of eminent domain; and
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| (5) the removal and disposition of hazardous | 13 |
| substances, including the
cost of project management, | 14 |
| equipment, laboratory analysis, and contractual
services | 15 |
| necessary for preventative and corrective actions related | 16 |
| to the
preservation, restoration, and conservation of | 17 |
| water.
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| (b) Moneys derived from the repayment of loans made under | 19 |
| this Section shall
be
deposited into the Clean Water Trust Fund | 20 |
| and, subject to appropriation, shall
be used to
fund new loans | 21 |
| or grants under this Section or, if they cannot be so used,
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| shall be
transferred to the General Obligation Bond Retirement | 23 |
| and Interest Fund and
shall be
applied to pay the principal of, | 24 |
| interest on, or the redemption price of bonds
payable from the
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| General Obligation Bond Retirement and Interest Fund.
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| Section 15. Acceptance of grants, loans, and | 27 |
| appropriations. The Office of
the
Lieutenant Governor may | 28 |
| apply for and accept grants, loans, or appropriations
from the
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| federal government or any of its agencies or instrumentalities, | 30 |
| the State or
any of its
agencies or instrumentalities, or any | 31 |
| unit of local government to be used for
any of the
purposes of | 32 |
| this Act. Additionally, the Office of the Lieutenant Governor | 33 |
| may
enter into
any agreement with the federal or State |
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| government or any of their agencies or
instrumentalities or | 2 |
| with any unit of local government concerning these grants,
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| loans, or
appropriations.
Any grants, donations, or | 4 |
| appropriations must be deposited into the Clean Water Trust | 5 |
| Fund.
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| Section 20. Grant and loan criteria. | 7 |
| (a) Priority shall be given to innovative pilot or | 8 |
| demonstrative projects that, if proven successful, may be | 9 |
| applied regionally or statewide.
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| (b) For all other projects, the following factors shall be | 11 |
| taken into account:
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| (1) the necessity of the project to the health and | 13 |
| safety of a community;
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| (2) the impending harm to the environment in the | 15 |
| location of the proposed project; and | 16 |
| (3)
the financial status of the area benefiting from | 17 |
| the proposed project.
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| (c) Grants and loans shall be distributed throughout the | 19 |
| State without preference to any one region, local government | 20 |
| entity, or not-for-profit organization.
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| (d) The Office of the Lieutenant Governor shall adopt rules | 22 |
| concerning the selection of grant or loan recipients, amount of | 23 |
| grant or loan awards, and eligibility requirements for grants | 24 |
| or loans under this Act. The rules must include the following | 25 |
| additional requirements:
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| (1) funds may be used to purchase interests in land | 27 |
| only from willing sellers;
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| (2) no real property acquired with grant or loan funds | 29 |
| may be sold, leased, exchanged, or otherwise encumbered, | 30 |
| unless it is used to qualify for a federal program or | 31 |
| transferred to the federal government, the State, or a unit | 32 |
| of local government for the protection, preservation, | 33 |
| restoration, improvement, or conservation of water; and
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| (3) no funds, whether a grant or loan, may be used to | 2 |
| acquire lands or interests in lands or real property by | 3 |
| eminent domain or to fund the costs of an eminent domain | 4 |
| proceeding.
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| Section 905. The State Finance Act is amended by adding | 6 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Clean Water Trust Fund.
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| Section 910. The General Obligation Bond Act is amended by | 10 |
| changing
Sections 2 and 6 as follows:
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| (30 ILCS 330/2) (from Ch. 127, par. 652)
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| Sec. 2. Authorization for Bonds. The State of Illinois is | 13 |
| authorized to
issue, sell and provide for the retirement of | 14 |
| General Obligation Bonds of
the State of Illinois for the | 15 |
| categories and specific purposes expressed in
Sections 2 | 16 |
| through 8 of this Act, in the total amount of $27,693,149,369
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| $27,658,149,369 .
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| The bonds authorized in this Section 2 and in Section 16 of | 19 |
| this Act are
herein called "Bonds".
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| Of the total amount of Bonds authorized in this Act, up to | 21 |
| $2,200,000,000
in aggregate original principal amount may be | 22 |
| issued and sold in accordance
with the Baccalaureate Savings | 23 |
| Act in the form of General Obligation
College Savings Bonds.
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| Of the total amount of Bonds authorized in this Act, up to | 25 |
| $300,000,000 in
aggregate original principal amount may be | 26 |
| issued and sold in accordance
with the Retirement Savings Act | 27 |
| in the form of General Obligation
Retirement Savings Bonds.
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| Of the total amount of Bonds authorized in this Act, the | 29 |
| additional
$10,000,000,000 authorized by Public
this | 30 |
| amendatory Act 93-2
of
the 93rd General
Assembly shall be used |
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| solely as provided in Section 7.2.
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| The issuance and sale of Bonds pursuant to the General | 3 |
| Obligation Bond
Act is an economical and efficient method of | 4 |
| financing the capital and
general operating needs of
the State. | 5 |
| This Act will permit the issuance of a multi-purpose General
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| Obligation Bond with uniform terms and features. This will not | 7 |
| only lower
the cost of registration but also reduce the overall | 8 |
| cost of issuing debt
by improving the marketability of Illinois | 9 |
| General Obligation Bonds.
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| (Source: P.A. 92-13, eff. 6-22-01; 92-596, eff. 6-28-02; | 11 |
| 92-598, eff.
6-28-02; 93-2, eff. 4-7-03.)
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| (30 ILCS 330/6) (from Ch. 127, par. 656) | 13 |
| Sec. 6. Anti-Pollution.
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| (a) The amount of $319,815,000 is authorized for
allocation | 15 |
| by the
Environmental Protection Agency for grants or loans to | 16 |
| units of local
government in such amounts, at such times and | 17 |
| for such purpose as the Agency
deems necessary or desirable for | 18 |
| the planning, financing, and construction of
municipal sewage | 19 |
| treatment works and solid waste disposal facilities and for
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| making of deposits into the Water Revolving Fund and
the U.S. | 21 |
| Environmental Protection Fund to provide assistance in | 22 |
| accordance
with the provisions of Title IV-A of the | 23 |
| Environmental Protection Act.
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| (b) The amount of $160,500,000 is authorized for allocation | 25 |
| by the
Environmental Protection Agency for payment of claims | 26 |
| submitted to the State
and approved for payment under the | 27 |
| Leaking Underground Storage Tank Program
established in Title | 28 |
| XVI of the Environmental Protection Act.
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| (c) The amount of $35,000,000 is authorized for use by the | 30 |
| Office of the
Lieutenant Governor for the purposes stated in | 31 |
| Section 10 of the Clean Water
Bond Act.
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| (Source: P.A. 92-13, eff. 6-22-01; 92-598, eff. 6-28-02; | 33 |
| 93-650, eff. 1-8-04.)
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| Section 999. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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