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Public Act 096-0503
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| HB0460 Enrolled |
LRB096 03052 HLH 13067 b |
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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; |
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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
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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 |
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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, |
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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 |
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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 |
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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 |
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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, |
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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, |
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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 |
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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 |
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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
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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 |
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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 |
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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 |
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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
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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
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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 |
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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 |
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contracts and agreements as are necessary
to carry out the |
Agency's duties under this subsection.
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(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
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distributions in conformity with the rules and regulations |
established
pursuant to the Anti-Pollution Bond Act, as now or |
hereafter amended.
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(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.
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(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).
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(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.
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(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
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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.
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(y) The Agency shall have authority to release any person |
from further
responsibility for preventive or corrective |