Full Text of HB2219 103rd General Assembly
HB2219eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is 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 , | 8 | | and facility improvements. The corporate authorities of a | 9 | | sanitary district, in
order to provide funds required for the | 10 | | replacing, remodeling,
completing, altering, constructing and | 11 | | enlarging of sewage treatment
works, administrative buildings, | 12 | | water quality improvement projects, renewable energy or flood | 13 | | control facilities, and additions therefor, pumping
stations, | 14 | | tunnels, conduits, intercepting sewers and outlet sewers,
| 15 | | together with the equipment, including air pollution | 16 | | equipment, and
appurtenances thereto, to acquire property, | 17 | | real, personal or mixed,
necessary for said purposes, for | 18 | | costs and expenses for the acquisition
of the sites and | 19 | | rights-of-way necessary thereto, and for engineering
expenses | 20 | | for designing and supervising the construction of such works,
| 21 | | may issue on or before December 31, 2034, in addition to all
| 22 | | other obligations heretofore or herein authorized, bonds, | 23 | | notes or
other evidences of indebtedness for such purposes in |
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| 1 | | an aggregate
amount at any one time outstanding not to exceed | 2 | | 3.35% of the equalized
assessed valuation of all taxable | 3 | | property within the sanitary district,
to be ascertained by | 4 | | the last assessment for State and local taxes
previous to the | 5 | | issuance of any such obligations. Such obligations shall be
| 6 | | issued without submitting the question of such issuance to the | 7 | | legal voters
of such sanitary district for approval.
| 8 | | The corporate authorities may sell such obligations at | 9 | | private or
public sale and enter into any contract or | 10 | | agreement necessary, appropriate
or incidental to the exercise | 11 | | of the powers granted by this Act, including,
without | 12 | | limitation, contracts or agreements for the sale and purchase | 13 | | of
such obligations and the payment of costs and expenses | 14 | | incident thereto.
The corporate authorities may pay such costs | 15 | | and expenses, in whole or in
part, from the corporate fund.
| 16 | | Such obligations shall be issued from time to time only in | 17 | | amounts as may
be required for such purposes but the amount of | 18 | | such obligations issued during
any one budget year shall not | 19 | | exceed $150,000,000 plus
the amount of any obligations | 20 | | authorized by this Act to be issued during the 3
budget years | 21 | | next preceding the year of issuance but which were not issued,
| 22 | | provided, however, that this limitation shall not be | 23 | | applicable (i) to the issuance
of obligations to refund bonds, | 24 | | notes or other evidences of indebtedness,
(ii) to obligations | 25 | | issued to provide for the repayment of money received
from the | 26 | | Water Pollution Control Revolving Fund for the construction or
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| 1 | | repair of wastewater treatment works, and (iii) to obligations | 2 | | issued as part of the American Recovery and Reinvestment Act | 3 | | of 2009, issued prior to January 1, 2011, that are commonly | 4 | | known as "Build America Bonds" as authorized by Section 54AA | 5 | | of the Internal Revenue Code of 1986, as amended. Each | 6 | | ordinance authorizing the
issuance of the obligations shall | 7 | | state the general purpose or purposes for
which they are to be | 8 | | issued, and the corporate authorities may at any time
| 9 | | thereafter pass supplemental appropriations ordinances | 10 | | appropriating the
proceeds from the sale of such obligations | 11 | | for such purposes.
| 12 | | Notwithstanding anything to the contrary in Section 9.6 or | 13 | | this Section, and in addition to any other amount of bonds | 14 | | authorized to be issued under this Act, the corporate | 15 | | authorities are authorized to issue from time to time bonds of | 16 | | the district in a principal amount not to exceed $600,000,000 | 17 | | for the purpose of making contributions to the pension fund | 18 | | established under Article 13 of the Illinois Pension Code | 19 | | without submitting the question of issuing bonds to the voters | 20 | | of the District. Any bond issuances under this paragraph are | 21 | | intended to decrease the unfunded liability of the pension | 22 | | fund and shall not decrease the amount of the employer | 23 | | contributions required in any given year under Section 13-503 | 24 | | of the Illinois Pension Code. | 25 | | The corporate authorities may issue bonds, notes or other | 26 | | evidences of
indebtedness in an amount necessary to provide |
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| 1 | | funds to refund outstanding
obligations issued pursuant to | 2 | | this Section, including interest accrued or
to accrue thereon.
| 3 | | (Source: P.A. 101-302, eff. 1-1-20; 102-707, eff. 4-22-22.)
| 4 | | (70 ILCS 2605/56) | 5 | | Sec. 56. Resource recovery. | 6 | | (a) The General Assembly finds that: | 7 | | (1) technological advancements in wastewater treatment | 8 | | have resulted in the ability to capture recovered | 9 | | resources and produce renewable energy resources from | 10 | | material previously discarded; | 11 | | (2) the capture and beneficial reuse of recovered | 12 | | resources and the production of renewable energy resources | 13 | | serves a wide variety of environmental benefits including, | 14 | | but not limited to, improved water quality, reduction of | 15 | | greenhouse gases, reduction of carbon footprint, reduction | 16 | | of landfill usage, reduced usage of hydrocarbon-based | 17 | | fuels, return of nutrients to the food cycle, and reduced | 18 | | water consumption; | 19 | | (3) the district is a leader in the field of | 20 | | wastewater treatment and possesses the expertise and | 21 | | experience necessary to capture and beneficially reuse or | 22 | | prepare for beneficial reuse recovered resources, | 23 | | including renewable energy resources; and | 24 | | (4) the district has the opportunity and ability to | 25 | | change the approach to wastewater treatment from that of a |
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| 1 | | waste material to be disposed of to one of a collection of | 2 | | resources to be recovered, reused, and sold, with the | 3 | | opportunity to provide the district with additional | 4 | | sources of revenue and reduce operating costs. | 5 | | (b) As used in this Section: | 6 | | "Recovered resources" means any material produced by or | 7 | | extracted from (i) the operation of district facilities or | 8 | | (ii) the use of district-owned real estate. "Recovered | 9 | | resources" includes, without limitation , including, but not | 10 | | limited to : | 11 | | (1) solids, including solids from the digestion | 12 | | process, semi-solids, or liquid materials; | 13 | | (2) gases, including biogas, carbon dioxide, and | 14 | | methane; | 15 | | (3) nutrients; | 16 | | (4) algae; | 17 | | (5) treated effluent; and | 18 | | (6) thermal energy or hydropower ; and . | 19 | | (7) solar or wind energy. | 20 | | "Renewable energy facility" shall have the same meaning as | 21 | | a facility defined under Section 5 of the Renewable Energy | 22 | | Production District Act. | 23 | | "Renewable energy resources" means resources as defined | 24 | | under Section 1-10 of the Illinois Power Agency Act. | 25 | | "Resource recovery" means the recovery of material or | 26 | | energy from waste as defined under Section 3.435 of the |
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| 1 | | Illinois Environmental Protection Agency Act. | 2 | | (c) The district may sell or otherwise dispose of | 3 | | recovered resources or renewable energy resources resulting | 4 | | from the operation of district facilities or resulting from | 5 | | the use of district-owned real estate , and it may construct, | 6 | | maintain, finance, and operate such activities, facilities, | 7 | | and other works as are necessary for that purpose. | 8 | | (d) The district may take in materials which are used in | 9 | | the generation of usable products from recovered resources, or | 10 | | which increase the production of renewable energy resources, | 11 | | including, but not limited to food waste, organic fraction of | 12 | | solid waste, commercial or industrial organic wastes, fats, | 13 | | oils, and greases, and vegetable debris. | 14 | | (e) The authorizations granted to the district under this | 15 | | Section shall not be construed as modifying or limiting any | 16 | | other law or regulation. Any actions taken pursuant to the | 17 | | authorities granted in this Section must be in compliance with | 18 | | all applicable laws and regulations, including, but not | 19 | | limited to, the Environmental Protection Act, and rules | 20 | | adopted under that Act.
| 21 | | (Source: P.A. 98-731, eff. 7-16-14.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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