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| Public Act 096-0503 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Build Illinois Bond Act is amended by | ||||
changing Section 4 as follows:
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(30 ILCS 425/4) (from Ch. 127, par. 2804)
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Sec. 4. Purposes of Bonds. Bonds shall be issued for the | ||||
following
purposes and in the approximate amounts as set forth | ||||
below:
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(a) $2,417,000,000 for the expenses of issuance and
sale of | ||||
Bonds, including bond discounts, and for planning, | ||||
engineering,
acquisition, construction, reconstruction, | ||||
development, improvement and
extension of the public | ||||
infrastructure in the State of Illinois, including: the
making | ||||
of loans or grants to local governments for waste disposal | ||||
systems,
water and sewer line extensions and water distribution | ||||
and purification
facilities, rail or air or water port | ||||
improvements, gas and electric utility
extensions, publicly | ||||
owned industrial and commercial sites, buildings
used for | ||||
public administration purposes and other public infrastructure | ||||
capital
improvements; the making of loans or grants to units of | ||||
local government
for financing and construction of wastewater | ||||
facilities, including grants to serve unincorporated areas; | ||||
refinancing or
retiring bonds issued between January 1, 1987 | ||
and January 1,
1990 by home rule municipalities, debt service | ||
on which is provided from a
tax imposed by home rule | ||
municipalities prior to January 1, 1990 on the
sale of food and | ||
drugs pursuant to Section 8-11-1 of the Home Rule
Municipal | ||
Retailers' Occupation Tax Act or Section 8-11-5 of the Home
| ||
Rule Municipal Service Occupation Tax Act; the making of | ||
deposits not
to exceed $70,000,000 in the aggregate into
the | ||
Water Pollution Control Revolving Fund to provide assistance in
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accordance with the provisions of Title IV-A of the | ||
Environmental
Protection Act; the planning, engineering, | ||
acquisition,
construction, reconstruction, alteration, | ||
expansion, extension and
improvement of highways, bridges, | ||
structures separating highways and
railroads, rest areas, | ||
interchanges, access
roads to and from any State or local | ||
highway and other transportation
improvement projects which | ||
are related to
economic development activities; the making of | ||
loans or grants for
planning, engineering, rehabilitation, | ||
improvement or construction of rail
and transit facilities; the | ||
planning, engineering, acquisition,
construction, | ||
reconstruction and improvement of watershed, drainage, flood
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control, recreation and related improvements and facilities, | ||
including
expenses related to land and easement acquisition, | ||
relocation, control
structures, channel work and clearing and | ||
appurtenant work; the making of
grants for improvement and | ||
development of zoos and park district field
houses and related | ||
structures; and the making of grants for improvement and
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development of Navy Pier and related structures.
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(b) $186,000,000 for fostering economic development and
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increased employment and the well being of the citizens of | ||
Illinois, including:
the making of grants for improvement and | ||
development of McCormick Place and
related structures; the
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planning and construction of a microelectronics research | ||
center, including
the planning, engineering, construction, | ||
improvement, renovation and
acquisition of buildings, | ||
equipment and related utility support systems;
the making of | ||
loans to businesses and investments in small businesses;
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acquiring real properties for industrial or commercial site | ||
development;
acquiring, rehabilitating and reconveying | ||
industrial and commercial
properties for the purpose of | ||
expanding employment and encouraging private
and other public | ||
sector investment in the economy of Illinois; the payment
of | ||
expenses associated with siting the Superconducting Super | ||
Collider Particle
Accelerator in Illinois and with its | ||
acquisition, construction,
maintenance, operation, promotion | ||
and support; the making of loans for the
planning, engineering, | ||
acquisition, construction, improvement and
conversion of | ||
facilities and equipment which will foster the use of
Illinois | ||
coal; the payment of expenses associated with the
promotion, | ||
establishment, acquisition and operation of small business
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incubator facilities and agribusiness research facilities, | ||
including the lease,
purchase, renovation, planning, | ||
engineering, construction and maintenance of
buildings, | ||
utility support systems and equipment designated for such
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purposes and the establishment and maintenance of centralized | ||
support
services within such facilities; and the making of | ||
grants or loans to
units of local government for Urban | ||
Development Action Grant and Housing
Partnership programs.
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(c) $1,052,358,100 for the development and
improvement of | ||
educational,
scientific, technical and vocational programs and | ||
facilities and the
expansion of health and human services for | ||
all citizens of Illinois,
including: the making of construction | ||
and improvement grants and loans
to public libraries
and | ||
library systems; the making of grants and loans for planning,
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engineering, acquisition and construction
of a new State | ||
central library in Springfield; the planning, engineering,
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acquisition and construction of an animal and dairy sciences | ||
facility; the
planning, engineering, acquisition and | ||
construction of a campus and all
related buildings, facilities, | ||
equipment and materials for Richland
Community College; the | ||
acquisition, rehabilitation and installation of
equipment and | ||
materials for scientific and historical surveys; the making of
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grants or loans for distribution to eligible vocational | ||
education instructional
programs for the upgrading of | ||
vocational education programs, school shops
and laboratories, | ||
including the acquisition, rehabilitation and
installation of | ||
technical equipment and materials; the making of grants or
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loans for distribution to eligible local educational agencies | ||
for the
upgrading of math and science instructional programs, | ||
including the
acquisition of instructional equipment and | ||
materials; miscellaneous capital
improvements for universities | ||
and community colleges including the
planning, engineering,
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construction, reconstruction, remodeling, improvement, repair | ||
and
installation of capital facilities and costs of planning, | ||
supplies,
equipment, materials, services, and all other | ||
required expenses; the
making of grants or loans for repair, | ||
renovation and miscellaneous capital
improvements for | ||
privately operated colleges and universities and community
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colleges, including the planning, engineering, acquisition, | ||
construction,
reconstruction, remodeling,
improvement, repair | ||
and installation of capital facilities and costs of
planning, | ||
supplies, equipment, materials, services, and all other | ||
required
expenses; and the making of grants or loans for | ||
distribution to local
governments for hospital and other health | ||
care facilities including the
planning, engineering, | ||
acquisition, construction, reconstruction,
remodeling, | ||
improvement, repair and installation of capital facilities and
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costs of planning, supplies, equipment, materials, services | ||
and all other
required expenses.
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(d) $150,150,900 for protection, preservation,
restoration | ||
and conservation of environmental and natural resources,
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including: the making of grants to soil and water conservation | ||
districts
for the planning and implementation of conservation | ||
practices and for
funding contracts with the Soil Conservation | ||
Service for watershed
planning; the making of grants to units | ||
of local government for the
capital development and improvement | ||
of recreation areas, including
planning and engineering costs, | ||
sewer projects, including planning and
engineering costs and | ||
water projects, including planning
and engineering costs, and | ||
for the acquisition of open space lands,
including the | ||
acquisition of easements and other property interests of less
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than fee simple ownership; the acquisition and related costs | ||
and development
and management of natural heritage lands, | ||
including natural areas and areas
providing habitat for
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endangered species and nongame wildlife, and buffer area lands; | ||
the
acquisition and related costs and development and | ||
management of
habitat lands, including forest, wildlife | ||
habitat and wetlands;
and the removal and disposition of | ||
hazardous substances, including the cost of
project | ||
management, equipment, laboratory analysis, and contractual | ||
services
necessary for preventative and corrective actions | ||
related to the preservation,
restoration and conservation of | ||
the environment, including deposits not to
exceed $60,000,000 | ||
in the aggregate into the Hazardous Waste Fund and the
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Brownfields Redevelopment Fund for improvements in accordance | ||
with the
provisions of Titles V and XVII of the Environmental | ||
Protection Act.
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(e) The amount specified in paragraph (a) above
shall | ||
include an amount necessary to pay reasonable expenses of each
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issuance and sale of the Bonds, as specified in the related | ||
Bond Sale Order
(hereinafter defined).
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(f) Any unexpended proceeds from any sale of
Bonds which | ||
are held in the Build Illinois Bond Fund may be used to redeem,
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purchase, advance refund, or defease any Bonds outstanding.
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(Source: P.A. 91-39, eff. 6-15-99; 91-53, eff. 6-30-99; 91-709, | ||
eff.
5-17-00; 92-9, eff. 6-11-01; 92-598, eff. 6-28-02.)
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Section 10. The Environmental Protection Act is amended by | ||
changing Section 4 as follows:
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(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
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Sec. 4. Environmental Protection Agency; establishment; | ||
duties.
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(a) There is established in the Executive Branch of the | ||
State Government an
agency to be known as the Environmental | ||
Protection Agency. This Agency shall
be under the supervision | ||
and direction of a Director who shall be appointed by
the | ||
Governor with the advice and consent of the Senate. The term of | ||
office
of the Director shall expire on the third Monday of | ||
January in odd numbered
years, provided that he or she shall | ||
hold office until a successor is appointed
and has qualified. | ||
The Director shall
receive an annual salary as set by the | ||
Governor from time to time or as set by
the Compensation Review | ||
Board, whichever is greater. If set by the Governor,
the | ||
Director's annual salary may not exceed 85% of the Governor's | ||
annual
salary. The Director, in accord with the Personnel Code, | ||
shall employ and
direct such personnel, and shall provide for | ||
such laboratory and other
facilities, as may be necessary to | ||
carry out the purposes of this Act. In
addition, the Director | ||
may by agreement secure such services as he or she
may deem | ||
necessary from any other department, agency, or unit of the | ||
State
Government, and may employ and compensate such | ||
consultants and technical
assistants as may be required.
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(b) The Agency shall have the duty to collect and | ||
disseminate such
information, acquire such technical data, and | ||
conduct such experiments
as may be required to carry out the | ||
purposes of this Act, including
ascertainment of the quantity | ||
and nature of discharges from any
contaminant source and data | ||
on those sources, and to operate and arrange
for the operation | ||
of devices for the monitoring of environmental quality.
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(c) The Agency shall have authority to conduct a program of
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continuing surveillance and of regular or periodic inspection | ||
of actual
or potential contaminant or noise sources, of public | ||
water supplies, and
of refuse disposal sites.
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(d) In accordance with constitutional limitations,
the | ||
Agency shall have authority to enter at all reasonable times
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upon any private or public property for the purpose of:
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(1) Inspecting and investigating to ascertain possible | ||
violations of
this Act, any rule or regulation adopted | ||
under this Act, any permit or
term or condition of a | ||
permit, or any Board order; or
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(2) In accordance with the provisions of this Act, | ||
taking whatever
preventive or corrective action, including | ||
but not limited to removal or
remedial action, that is | ||
necessary or appropriate whenever there is a
release or a | ||
substantial threat of a release of (A) a hazardous
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substance or pesticide or (B) petroleum from an underground | ||
storage tank.
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(e) The Agency shall have the duty to investigate | ||
violations of this
Act, any rule or regulation adopted under | ||
this Act, any permit or
term or condition of a permit, or any | ||
Board order;
to issue administrative citations as provided in | ||
Section 31.1 of this
Act; and to take such summary enforcement | ||
action as is provided
for by Section 34 of this Act.
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(f) The Agency shall appear before the Board in any hearing | ||
upon a
petition for variance, the denial of a permit, or the | ||
validity or effect
of a rule or regulation of the Board, and | ||
shall have the authority to
appear before the Board in any | ||
hearing under the Act.
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(g) The Agency shall have the duty to administer, in accord | ||
with
Title X of this Act, such permit and certification systems | ||
as may be
established by this Act or by regulations adopted | ||
thereunder.
The Agency may enter into written delegation | ||
agreements with any department,
agency, or unit of State or | ||
local government under which all or portions
of this duty may | ||
be delegated for public water supply storage and transport
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systems, sewage collection and transport systems, air | ||
pollution control
sources with uncontrolled emissions of 100 | ||
tons per year or less and
application of algicides to waters of | ||
the State. Such delegation
agreements will require that the | ||
work to be performed thereunder will be
in accordance with | ||
Agency criteria, subject to Agency review, and shall
include | ||
such financial and program auditing by the Agency as may be | ||
required.
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(h) The Agency shall have authority to require the | ||
submission of
complete plans and specifications from any | ||
applicant for a permit
required by this Act or by regulations | ||
thereunder, and to require the
submission of such reports | ||
regarding actual or potential violations of
this Act, any rule | ||
or regulation adopted under this Act, any permit or
term or | ||
condition of a permit, or any Board order, as may be necessary | ||
for the purposes of
this Act.
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(i) The Agency shall have authority to make recommendations | ||
to the
Board for the adoption of regulations under Title VII of | ||
the Act.
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(j) The Agency shall have the duty to represent the State | ||
of
Illinois in any and all matters pertaining to plans, | ||
procedures, or
negotiations for interstate compacts or other | ||
governmental arrangements
relating to environmental | ||
protection.
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(k) The Agency shall have the authority to accept, receive, | ||
and
administer on behalf of the State any grants, gifts, loans, | ||
indirect cost
reimbursements, or other funds made available to | ||
the State from any source
for purposes of this Act or for air | ||
or water pollution control, public water
supply, solid waste | ||
disposal, noise abatement, or other environmental
protection | ||
activities, surveys, or programs. Any federal funds received by | ||
the
Agency pursuant to this subsection shall be deposited in a | ||
trust fund with the
State Treasurer and held and disbursed by | ||
him in accordance with Treasurer as
Custodian of Funds Act, | ||
provided that such monies shall be used only for the
purposes | ||
for which they are contributed and any balance remaining shall | ||
be
returned to the contributor.
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The Agency is authorized to promulgate such regulations and | ||
enter
into such contracts as it may deem necessary for carrying | ||
out the
provisions of this subsection.
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(l) The Agency is hereby designated as water pollution | ||
agency for
the state for all purposes of the Federal Water | ||
Pollution Control Act, as
amended; as implementing agency for | ||
the State for all purposes of the Safe
Drinking Water Act, | ||
Public Law 93-523, as now or hereafter amended, except
Section | ||
1425 of that Act; as air pollution agency for the state for all
| ||
purposes of the Clean Air Act of 1970, Public Law 91-604, | ||
approved December 31,
1970, as amended; and as solid waste | ||
agency for the state for all purposes of
the Solid Waste | ||
Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||
amended by the Resource Recovery Act of 1970, Public Law | ||
91-512, approved
October 26, 1970, as amended, and amended by | ||
the Resource Conservation and
Recovery Act of 1976, (P.L. | ||
94-580) approved October 21, 1976, as amended; as
noise control | ||
agency for the state for all purposes of the Noise Control Act | ||
of
1972, Public Law 92-574, approved October 27, 1972, as | ||
amended; and as
implementing agency for the State for all | ||
purposes of the Comprehensive
Environmental Response, | ||
Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||
amended; and otherwise as pollution control agency for the | ||
State pursuant
to federal laws integrated with the foregoing | ||
laws, for financing purposes or
otherwise. The Agency is hereby | ||
authorized to take all action necessary or
appropriate to | ||
secure to the State the benefits of such federal Acts, provided
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that the Agency shall transmit to the United States without | ||
change any
standards adopted by the Pollution Control Board | ||
pursuant to Section 5(c) of
this Act. This subsection (l) of | ||
Section 4 shall not be construed to bar or
prohibit the | ||
Environmental Protection Trust Fund Commission from accepting,
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receiving, and administering on behalf of the State any grants, | ||
gifts,
loans or other funds for which the Commission is | ||
eligible pursuant to the
Environmental Protection Trust Fund | ||
Act. The Agency is hereby designated as
the State agency for | ||
all purposes of administering the requirements of Section
313 | ||
of the federal Emergency Planning and Community Right-to-Know | ||
Act of 1986.
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Any municipality, sanitary district, or other political | ||
subdivision,
or any Agency of the State or interstate Agency, | ||
which makes application
for loans or grants under such federal | ||
Acts shall notify the Agency of
such application; the Agency | ||
may participate in proceedings under such
federal Acts.
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(m) The Agency shall have authority, consistent with | ||
Section 5(c)
and other provisions of this Act, and for purposes | ||
of Section 303(e) of
the Federal Water Pollution Control Act, | ||
as now or hereafter amended,
to engage in planning processes | ||
and activities and to develop
plans in cooperation with units | ||
of local government, state agencies and
officers, and other | ||
appropriate persons in connection with the
jurisdiction or | ||
duties of each such unit, agency, officer or person.
Public | ||
hearings shall be held on the planning process, at which any
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person shall be permitted to appear and be heard, pursuant to | ||
procedural
regulations promulgated by the Agency.
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(n) In accordance with the powers conferred upon the Agency | ||
by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||
Agency shall
have authority to establish and enforce minimum | ||
standards for the
operation of laboratories relating to | ||
analyses and laboratory tests for
air pollution, water | ||
pollution, noise emissions, contaminant discharges
onto land | ||
and sanitary, chemical, and mineral quality of water
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distributed by a public water supply. The Agency may enter into | ||
formal
working agreements with other departments or agencies of | ||
state
government under which all or portions of this authority | ||
may be
delegated to the cooperating department or agency.
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(o) The Agency shall have the authority to issue | ||
certificates of
competency to persons and laboratories meeting | ||
the minimum standards
established by the Agency in accordance | ||
with Section 4(n) of this Act
and to promulgate and enforce | ||
regulations relevant to the issuance and
use of such | ||
certificates. The Agency may enter into formal working
| ||
agreements with other departments or agencies of state | ||
government under
which all or portions of this authority may be | ||
delegated to the
cooperating department or agency.
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(p) Except as provided in Section 17.7, the Agency shall | ||
have the
duty to analyze samples as required
from each public | ||
water supply to determine compliance with the
contaminant | ||
levels specified by the Pollution Control Board. The maximum
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number of samples which the Agency shall be required to analyze | ||
for
microbiological quality shall be 6 per month, but the | ||
Agency may, at its
option, analyze a larger number each month | ||
for any supply. Results of
sample analyses for additional | ||
required bacteriological testing,
turbidity, residual chlorine | ||
and radionuclides are to be provided to the
Agency in | ||
accordance with Section 19. Owners of water supplies may enter
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into agreements with the Agency to provide for reduced Agency
| ||
participation in sample analyses.
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(q) The Agency shall have the authority to provide notice | ||
to any
person who may be liable pursuant to Section 22.2(f) of | ||
this Act for a
release or a substantial threat of a release of | ||
a hazardous substance or
pesticide. Such notice shall include | ||
the identified response action and an
opportunity for such | ||
person to perform the response action.
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(r) The Agency may enter into written delegation agreements | ||
with any
unit of local government under which it may delegate | ||
all or portions of its
inspecting, investigating and | ||
enforcement functions. Such delegation
agreements shall | ||
require that work performed thereunder be in accordance
with | ||
Agency criteria and subject to Agency review.
Notwithstanding | ||
any other provision of law to the contrary, no unit of
local | ||
government shall be liable for any injury resulting from the | ||
exercise
of its authority pursuant to such a delegation | ||
agreement unless the injury
is proximately caused by the | ||
willful and wanton negligence of an agent or
employee of the | ||
unit of local government, and any policy of insurance
coverage | ||
issued to a unit of local government may provide for the denial | ||
of
liability and the nonpayment of claims based upon injuries | ||
for which the unit
of local government is not liable pursuant | ||
to this subsection (r).
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(s) The Agency shall have authority to take whatever | ||
preventive or
corrective action is necessary or appropriate, | ||
including but not limited to
expenditure of monies appropriated | ||
from the Build Illinois Bond Fund and
the Build Illinois | ||
Purposes Fund for removal or remedial action, whenever
any | ||
hazardous substance or pesticide is released or
there is a | ||
substantial threat of such a release into the environment. The
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State, the Director, and any State employee shall be | ||
indemnified for any
damages or injury arising out of or | ||
resulting from any action taken under
this subsection. The | ||
Director of the Agency is authorized to enter into
such | ||
contracts and agreements as are necessary
to carry out the | ||
Agency's duties under this subsection.
| ||
(t) The Agency shall have authority to distribute grants, | ||
subject to
appropriation by the General Assembly, to units of | ||
local government for financing and construction of
municipal | ||
wastewater facilities in both incorporated and unincorporated | ||
areas. With respect to all monies appropriated
from the Build | ||
Illinois Bond Fund and the Build Illinois Purposes
Fund for | ||
wastewater facility grants, the Agency shall make
| ||
distributions in conformity with the rules and regulations | ||
established
pursuant to the Anti-Pollution Bond Act, as now or | ||
hereafter amended.
| ||
(u) Pursuant to the Illinois Administrative Procedure Act, | ||
the
Agency shall have the authority to adopt such rules as are | ||
necessary or
appropriate for the Agency to implement Section | ||
31.1 of this Act.
| ||
(v) (Blank.)
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(w) Neither the State, nor the Director, nor the Board, nor | ||
any State
employee shall be liable for any damages or injury | ||
arising out of or
resulting from any action taken under | ||
subsection (s).
| ||
(x)(1) The Agency shall have authority to distribute | ||
grants, subject to
appropriation by the General Assembly, | ||
to units of local government for
financing and construction | ||
of public water supply facilities. With respect
to all | ||
monies appropriated from the Build Illinois Bond Fund or | ||
the Build
Illinois Purposes Fund for public water supply | ||
grants, such grants shall be
made in accordance with rules | ||
promulgated by the Agency.
Such rules shall include a | ||
requirement for a local match of 30% of the
total project | ||
cost for projects funded through such grants.
| ||
(2) The Agency shall not terminate a grant to a unit of | ||
local government
for the financing and construction of | ||
public water supply facilities unless
and until the Agency | ||
adopts rules that set forth precise and complete
standards, | ||
pursuant to Section 5-20 of the Illinois Administrative
| ||
Procedure Act, for the termination of such grants. The | ||
Agency shall not
make determinations on whether specific | ||
grant conditions are necessary to
ensure the integrity of a | ||
project or on whether subagreements shall be
awarded, with | ||
respect to grants for the financing and construction of
| ||
public water supply facilities, unless and until the Agency | ||
adopts rules
that set forth precise and complete standards, | ||
pursuant to Section 5-20
of the Illinois Administrative | ||
Procedure Act, for making such
determinations. The Agency | ||
shall not issue a stop-work order in relation to
such | ||
grants unless and until the Agency adopts precise and | ||
complete standards,
pursuant to Section 5-20 of the | ||
Illinois Administrative Procedure Act, for
determining | ||
whether to issue a stop-work order.
| ||
(y) The Agency shall have authority to release any person | ||
from further
responsibility for preventive or corrective | ||
action under this Act following
successful completion of | ||
preventive or corrective action undertaken by such
person upon | ||
written request by the person.
| ||
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||