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


Sen. Willie Preston

Filed: 4/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 2219 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Metropolitan Water Reclamation District
5Act 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,
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



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1appurtenances thereto, to acquire property, real, personal or
2mixed, necessary for said purposes, for costs and expenses for
3the acquisition of the sites and rights-of-way necessary
4thereto, and for engineering expenses for designing and
5supervising the construction of such works, may issue on or
6before December 31, 2034, in addition to all other obligations
7heretofore or herein authorized, bonds, notes or other
8evidences of indebtedness for such purposes in an aggregate
9amount at any one time outstanding not to exceed 3.35% of the
10equalized assessed valuation of all taxable property within
11the sanitary district, to be ascertained by the last
12assessment for State and local taxes previous to the issuance
13of any such obligations. Such obligations shall be issued
14without submitting the question of such issuance to the legal
15voters of such sanitary district for approval.
16    The corporate authorities may sell such obligations at
17private or public sale and enter into any contract or
18agreement necessary, appropriate or incidental to the exercise
19of the powers granted by this Act, including, without
20limitation, contracts or agreements for the sale and purchase
21of such obligations and the payment of costs and expenses
22incident thereto. The corporate authorities may pay such costs
23and expenses, in whole or in part, from the corporate fund.
24    Such obligations shall be issued from time to time only in
25amounts as may be required for such purposes but the amount of
26such obligations issued during any one budget year shall not



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1exceed $150,000,000 plus the amount of any obligations
2authorized by this Act to be issued during the 3 budget years
3next preceding the year of issuance but which were not issued,
4provided, however, that this limitation shall not be
5applicable (i) to the issuance of obligations to refund bonds,
6notes or other evidences of indebtedness, (ii) to obligations
7issued to provide for the repayment of money received from the
8Water Pollution Control Revolving Fund for the construction or
9repair of wastewater treatment works, and (iii) to obligations
10issued as part of the American Recovery and Reinvestment Act
11of 2009, issued prior to January 1, 2011, that are commonly
12known as "Build America Bonds" as authorized by Section 54AA
13of the Internal Revenue Code of 1986, as amended. Each
14ordinance authorizing the issuance of the obligations shall
15state the general purpose or purposes for which they are to be
16issued, and the corporate authorities may at any time
17thereafter pass supplemental appropriations ordinances
18appropriating the proceeds from the sale of such obligations
19for such purposes.
20    Notwithstanding anything to the contrary in Section 9.6 or
21this Section, and in addition to any other amount of bonds
22authorized to be issued under this Act, the corporate
23authorities are authorized to issue from time to time bonds of
24the district in a principal amount not to exceed $600,000,000
25for the purpose of making contributions to the pension fund
26established under Article 13 of the Illinois Pension Code



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1without submitting the question of issuing bonds to the voters
2of the District. Any bond issuances under this paragraph are
3intended to decrease the unfunded liability of the pension
4fund and shall not decrease the amount of the employer
5contributions required in any given year under Section 13-503
6of the Illinois Pension Code.
7    The corporate authorities may issue bonds, notes or other
8evidences of indebtedness in an amount necessary to provide
9funds to refund outstanding obligations issued pursuant to
10this Section, including interest accrued or to accrue thereon.
11(Source: P.A. 101-302, eff. 1-1-20; 102-707, eff. 4-22-22.)
12    (70 ILCS 2605/56)
13    Sec. 56. Resource recovery.
14    (a) The General Assembly finds that:
15        (1) technological advancements in wastewater treatment
16    have resulted in the ability to capture recovered
17    resources and produce renewable energy resources from
18    material previously discarded;
19        (2) the capture and beneficial reuse of recovered
20    resources and the production of renewable energy resources
21    serves a wide variety of environmental benefits including,
22    but not limited to, improved water quality, reduction of
23    greenhouse gases, reduction of carbon footprint, reduction
24    of landfill usage, reduced usage of hydrocarbon-based
25    fuels, return of nutrients to the food cycle, and reduced



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1    water consumption;
2        (3) the district is a leader in the field of
3    wastewater treatment and possesses the expertise and
4    experience necessary to capture and beneficially reuse or
5    prepare for beneficial reuse recovered resources,
6    including renewable energy resources; and
7        (4) the district has the opportunity and ability to
8    change the approach to wastewater treatment from that of a
9    waste material to be disposed of to one of a collection of
10    resources to be recovered, reused, and sold, with the
11    opportunity to provide the district with additional
12    sources of revenue and reduce operating costs.
13    (b) As used in this Section:
14    "Distributed renewable energy generation device" has the
15meaning given to that term in Section 1-10 of the Illinois
16Power Agency Act.
17    "Recovered resources" means any material produced by or
18extracted from the operation of district facilities,
19including, but not limited to:
20        (1) solids, including solids from the digestion
21    process, semi-solids, or liquid materials;
22        (2) gases, including biogas, carbon dioxide, and
23    methane;
24        (3) nutrients;
25        (4) algae;
26        (5) treated effluent; and



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1        (6) thermal energy or hydropower.
2    "Renewable energy facility" shall have the same meaning as
3a facility defined under Section 5 of the Renewable Energy
4Production District Act.
5    "Renewable energy resources" means resources as defined
6under Section 1-10 of the Illinois Power Agency Act.
7    "Resource recovery" means the recovery of material or
8energy from waste as defined under Section 3.435 of the
9Illinois Environmental Protection Agency Act.
10    (c) The district may sell or otherwise dispose of
11recovered resources or renewable energy resources resulting
12from the operation of district facilities, and may construct,
13maintain, finance, and operate such activities, facilities,
14distributed renewable energy generation devices, and other
15works as are necessary for that purpose.
16    (d) The district may take in materials which are used in
17the generation of usable products from recovered resources, or
18which increase the production of renewable energy resources,
19including, but not limited to food waste, organic fraction of
20solid waste, commercial or industrial organic wastes, fats,
21oils, and greases, and vegetable debris.
22    (e) The authorizations granted to the district under this
23Section shall not be construed as modifying or limiting any
24other law or regulation. Any actions taken pursuant to the
25authorities granted in this Section must be in compliance with
26all applicable laws and regulations, including, but not



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1limited to, the Environmental Protection Act, and rules
2adopted under that Act.
3(Source: P.A. 98-731, eff. 7-16-14.)".