[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1584 415 ILCS 5/19.3 from Ch. 111 1/2, par. 1019.3 415 ILCS 5/19.4 from Ch. 111 1/2, par. 1019.4 Amends the Environmental Protection Act. Provides that moneys from the Public Water Supply Loan Program used to buy or refinance the debt obligation of a unit of local government shall be used only to buy or refinance that debt at or below market rates. Provides that priority in making loans from the Public Water Supply Loan Program shall be given to refinancing debt of units of local government incurred after July 1, 1993 for capital improvements to protect human health and to achieve compliance with State and federal primary drinking water standards. LRB9008759LDbd LRB9008759LDbd 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 19.3 and 19.4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Sections 19.3 and 19.4 as follows: 7 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3) 8 Sec. 19.3. Water Revolving Fund. 9 (a) There is hereby created within the State Treasury a 10 Water Revolving Fund, consisting of 3 interest-bearing 11 special programs to be known as the Water Pollution Control 12 Loan Program, the Public Water Supply Loan Program, and the 13 Loan Support Program, which shall be used and administered by 14 the Agency. 15 (b) The Water Pollution Control Loan Program shall be 16 used and administered by the Agency to provide assistance to 17 local government units for the following public purposes: 18 (1) to accept and retain funds from grant awards, 19 appropriations, transfers, and payments of interest and 20 principal; 21 (2) to make direct loans at or below market 22 interest rates to any eligible local government unit to 23 finance the construction of wastewater treatments works; 24 (3) to make direct loans at or below market 25 interest rates to any eligible local government unit to 26 buy or refinance debt obligations for treatment works 27 incurred after March 7, 1985; 28 (4) to guarantee or purchase insurance for local 29 obligations where such action would improve credit market 30 access or reduce interest rates; 31 (5) as a source of revenue or security for the -2- LRB9008759LDbd 1 payment of principal and interest on revenue or general 2 obligation bonds issued by the State, if the proceeds of 3 such bonds will be deposited in the Fund; 4 (6) to finance the reasonable costs incurred by the 5 Agency in the administration of the Fund; and 6 (7) to transfer funds to the Public Water Supply 7 Loan Program. 8 (c) The Loan Support Program shall be used and 9 administered by the Agency for the following purposes: 10 (1) to accept and retain funds from grant awards 11 and appropriations; 12 (2) to finance the reasonable costs incurred by the 13 Agency in the administration of the Fund, including 14 activities under Title III of this Act, including the 15 administration of the State construction grant program; 16 (3) to transfer funds to the Water Pollution 17 Control Loan Program and the Public Water Supply Loan 18 Program; 19 (4) to accept and retain a portion of the loan 20 repayments; 21 (5) to finance the development of the low interest 22 loan program for public water supply projects; 23 (6) to finance the reasonable costs incurred by the 24 Agency to provide technical assistance for public water 25 supplies; and 26 (7) to finance the reasonable costs incurred by the 27 Agency for public water system supervision programs, to 28 administer or provide for technical assistance through 29 source water protection programs, to develop and 30 implement a capacity development strategy, to delineate 31 and assess source water protection areas, and for an 32 operator certification program in accordance with Section 33 1452 of the federal Safe Drinking Water Act. 34 (d) The Public Water Supply Loan Program shall be used -3- LRB9008759LDbd 1 and administered by the Agency to provide assistance to local 2 government units for public water supplies for the following 3 public purposes: 4 (1) to accept and retain funds from grant awards, 5 appropriations, transfers, and payments of interest and 6 principal; 7 (2) to make direct loans at or below market 8 interest rates to any eligible local government unit to 9 finance the construction of public water supplies; 10 (3) to buy or refinance, at or below market 11 interest rates, the debt obligation of a local government 12 unit for costs incurred on or after July 17,the13effective date of this amendatory Act of1997; 14 (4) to guarantee local obligations where such 15 action would improve credit market access or reduce 16 interest rates; 17 (5) as a source of revenue or security for the 18 payment of principal and interest on revenue or general 19 obligation bonds issued by the State, if the proceeds of 20 such bonds will be deposited into the Fund; and 21 (6) to transfer funds to the Water Pollution 22 Control Loan Program. 23 (e) The Agency is designated as the administering 24 agency of the Fund. The Agency shall submit to the Regional 25 Administrator of the United States Environmental Protection 26 Agency an intended use plan which outlines the proposed use 27 of funds available to the State. The Agency shall take all 28 actions necessary to secure to the State the benefits of the 29 federal Water Pollution Control Act and the federal Safe 30 Drinking Water Act, as now or hereafter amended. 31 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) 32 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4) 33 Sec. 19.4. The Agency shall have the authority to -4- LRB9008759LDbd 1 promulgate regulations to set forth procedures and criteria 2 concerning loan applications, assurance of payment, interest 3 rates, loan support rates, impact on user charges, 4 eligibility of proposed construction, priority of needs, 5 special loan terms for disadvantaged communities, and maximum 6 limits on annual distributions of funds to applicants or 7 groups of applicants. The Agency shall develop and maintain 8 a priority list of loan applicants as categorized by need. 9 Priority in making loans from the Water Pollution Control 10 Loan Program must first be given to local government units 11 which need to make capital improvements to achieve compliance 12 with National Pollutant Discharge Elimination System permit 13 requirements pursuant to the federal Water Quality Act of 14 1987 and this Act. Priority in making loans from the Public 15 Water Supply Loan Program must first be given to local 16 government units that need to make capital improvements to 17 protect human health and to achieve compliance with the State 18 and federal primary drinking water standards adopted pursuant 19 to this Act and the federal Safe Drinking Water Act, as now 20 and hereafter amended and to refinance debt of units of local 21 government incurred after July 1, 1993 for such capital 22 improvements. 23 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)