415 ILCS 5/19.3
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title IV-A - Water Pollution Control and Public Water Supplies

 (from Ch. 111 1/2, par. 1019.3)Sec. 19.3. Water Revolving Fund.(a) There is hereby created within the State Treasury a Water Revolving  Fund, consisting of 3 interest-bearing special programs to be known as the  Water Pollution Control Loan Program, the Public Water Supply Loan Program, and  the Loan Support Program, which shall be used and administered by the Agency.(b) The Water Pollution Control Loan Program shall be used and administered  by the Agency to provide assistance for the following purposes:(1) to accept and retain funds from grant awards,     appropriations, transfers, and payments of interest and principal;(2) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to finance the construction of treatments works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;(2.5) with respect to funds provided under the     American Recovery and Reinvestment Act of 2009:(A)  to make direct loans at or below market         interest rates to any eligible local government unit and to provide additional subsidization to any eligible local government unit, including, but not limited to, forgiveness of principal, negative interest rates, and grants;(B) to make direct loans at or below market         interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred on or after October 1, 2008; and(C) to provide additional subsidization,         including, but not limited to, forgiveness of principal, negative interest rates, and grants for treatment works incurred on or after October 1, 2008;(3) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to buy or refinance debt obligations for costs  incurred after March 7, 1985, for the construction of treatment works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;(3.5) to make loans, including, but not limited to,     loans through a linked deposit program, at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended;(4) to guarantee or purchase insurance for local     obligations where such action would improve credit market access or reduce interest rates;(5) as a source of revenue or security for the     payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;(6) to finance the reasonable costs incurred by the     Agency in the administration of the Fund;(7) to transfer funds to the Public Water Supply Loan     Program; and(8)   notwithstanding any other provision of this     subsection (b), to provide, in accordance with rules adopted under this Title, any other financial assistance that may be provided under Section 603 of the Federal Water Pollution Control Act for any other projects or activities eligible for assistance under that Section or federal rules adopted to implement that Section.(c) The Loan Support Program shall be used and administered by the Agency  for the following purposes:(1) to accept and retain funds from grant awards and     appropriations;(2) to finance the reasonable costs incurred by the     Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;(3) to transfer funds to the Water Pollution Control     Loan Program and the Public Water Supply Loan Program;(4) to accept and retain a portion of the loan     repayments;(5) to finance the development of the low interest     loan programs for water pollution control and public water supply projects;(6) to finance the reasonable costs incurred by the     Agency to provide technical assistance for public water supplies; and(7) to finance the reasonable costs incurred by the     Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act.(d) The Public Water Supply Loan Program shall be used and administered by  the Agency to provide assistance to local government units and privately owned  community water supplies for public water  supplies for the following public purposes:(1) to accept and retain funds from grant awards,     appropriations, transfers, and payments of interest and principal;(2) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to finance the construction of water supplies and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;(2.5) with respect to funds provided under the     American Recovery and Reinvestment Act of 2009:(A) to make direct loans at or below market         interest rates to any eligible local government unit or to any eligible privately owned community water supply, and to provide additional subsidization to any eligible local government unit or to any eligible privately owned community water supply, including, but not limited to, forgiveness of principal, negative interest rates, and grants;(B) to buy or refinance the debt obligation of a         local government unit for costs incurred on or after October 1, 2008; and(C) to provide additional subsidization,         including, but not limited to, forgiveness of principal, negative interest rates, and grants for a local government unit for costs  incurred on or after October 1, 2008;(3) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to buy or refinance debt obligations for costs incurred on or after July 17, 1997, for the construction of water supplies and projects that fulfill federal State Revolving Fund requirements for a green project reserve;(4) to guarantee local obligations where such action     would improve credit market access or reduce interest rates;(5) as a source of revenue or security for the     payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund;(6) to transfer funds to the Water Pollution Control     Loan Program; and(7) notwithstanding any other provision of this     subsection (d), to provide to local government units and privately owned community water supplies any other financial assistance that may be provided under Section 1452 of the federal Safe Drinking Water Act for any expenditures eligible for assistance under that Section or federal rules adopted to implement that Section.(e) The Agency is designated as the administering agency of the Fund.  The Agency shall submit to the Regional Administrator of the United States  Environmental Protection Agency an intended use plan which outlines the  proposed use of funds available to the State.  The Agency shall take all  actions necessary to secure to the State the benefits of the federal  Water Pollution Control Act and the federal Safe Drinking Water Act, as now  or hereafter amended.(f) The Agency shall have the power to enter into intergovernmental  agreements with the federal government or the State, or any instrumentality  thereof, for purposes of capitalizing the Water Revolving Fund.  Moneys on deposit in the Water Revolving Fund may be used for the  creation of reserve funds or pledged funds that secure the obligations  of repayment of loans made pursuant to this Section.  For the purpose  of obtaining capital for deposit into the Water Revolving Fund, the  Agency may also enter into agreements with financial institutions and other  persons for the purpose of selling loans and developing a secondary market  for such loans.  The Agency shall have the power to create and establish such  reserve funds and accounts as may be necessary or desirable to accomplish its  purposes under this subsection and to allocate its available moneys into such  funds and accounts.  Investment earnings on moneys held in the Water Revolving  Fund, including any reserve fund or pledged fund, shall be deposited into the  Water Revolving Fund.(g) Beginning on the effective date of this amendatory Act of the 101st General Assembly, and running for a period of 5 years after that date, the Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. The prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. This may include, but is not limited to, assistance for water rate studies, preliminary engineering or other facility planning, training activities, asset management plans, assistance with identification and replacement of lead service lines, and studies of efficiency measures through utility regionalization or other collaborative intergovernmental approaches.(Source: P.A. 101-143, eff. 1-1-20.)