2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 3515/ - Illinois Environmental Facilities Financing Act.

(20 ILCS 3515/1) (from Ch. 127, par. 721)
Sec. 1. 
		Short title. 
		This Act may be referred to and cited as the "Illinois
Environmental Facilities Financing Act".
(Source: P.A. 81-1063.)
(20 ILCS 3515/2) (from Ch. 127, par. 722)
Sec. 2. Declaration of necessity and purpose - Liberal construction.
(a) The General Assembly finds:
(i) that environmental damage seriously endangers the     public health and welfare;
(ii) that such environmental damage results from air,     water, and other resource pollution and from public water supply, solid waste disposal, noise, surface mining and other environmental problems;
(iii) that to reduce, control and prevent such     pollution and problems, quality and land reclamation standards have been established necessitating the employment of anti-pollution and reclamation devices, equipment and facilities and stringent time schedules have been and will be imposed for compliance with such standards;
(iv) that it is desirable to provide additional and     alternative methods of financing the costs of the acquisition and installation of the devices, equipment and facilities required to comply with the quality and land reclamation standards;
(v) that the alternative method of financing provided     in this Act is therefore in the public interest and serves a public purpose in protecting and promoting the health and welfare of the citizens of this state by reducing, controlling and preventing environmental damage;
(vi) that it is desirable to promote the use of     Illinois coal in a manner that is consistent with air quality and land reclamation standards;
(vii) that it is desirable to promote the use of     alternative methods for managing hazardous wastes and to provide additional and alternative methods of financing the costs of establishing the recycling, incineration, physical, chemical and biological treatment, and other facilities necessary to meet the requirements of the Environmental Protection Act; and
(viii) that the environmental damage and pollution     that occurs within this State often results from sources in other states, and that providing financing alternatives for environmental facilities that are located outside the State that are owned, operated, leased, managed by, or otherwise affiliated with, institutions located within the State can reduce, control, or prevent environmental damage and pollution within this State.
(b) It is the purpose of this Act, as more specifically described in
later sections, to authorize the State
authority to acquire, construct, reconstruct, repair, alter, improve,
extend, own,  finance, lease, sell and otherwise dispose of pollution
control and surface mined land reclamation facilities to the end that the
State authority may be able to
promote the health and welfare of the people of this State and to vest
such State authority with all powers to enable such State authority to
accomplish such purpose; it is not intended by this Act that the State
authority shall itself be authorized to operate any such pollution
control, hazardous waste treatment or surface mined land
reclamation facilities; nor shall any such facilities be
geographically located outside the State of Illinois, except as otherwise provided in this Act.  It is the intent
of the General Assembly that access to the benefits of the financing
herein provided for shall be equally available to all persons.
(c) It is the intent of the General Assembly that the State
authority shall give special consideration to small businesses as
defined in paragraph (i) of Section 3 of this Act in authorizing the
issuance of bonds for the financing of pollution control or hazardous
waste treatment facilities in order to assist small businesses in surviving
the economic burdens imposed by the required financing of such facilities.
(d) Notwithstanding paragraph (b) of this Section, it is the intent of
the General Assembly that with respect to applications involving environmental
facilities for new coal-fired electric steam generating plants and new
coal-fired industrial boilers as defined in paragraph (j) of Section 3 of this
Act, the State authority shall only finance such facilities where Illinois coal
will be used as the primary source of fuel.  The Authority shall impose
appropriate financial penalties on any person who receives financing from
the State Authority for environmental facilities based on a commitment to
use Illinois coal as the primary source of fuel at a new coal-fired electric
utility steam generating plant or new coal-fired industrial boiler and later
uses a non-Illinois coal as the primary source of fuel.
(e) It is the intent of the General Assembly that the Authority give
special consideration to projects which involve a reduction in volume of
hazardous waste products generated, or the recycling, re-use, reclamation,
or treatment of hazardous waste.
(f) This Act shall be liberally construed to accomplish the
intentions expressed herein.
(Source: P.A. 98-90, eff. 7-15-13.)
(20 ILCS 3515/3) (from Ch. 127, par. 723)
Sec. 3. Definitions. In this Act, unless the context otherwise
clearly requires, the terms used herein shall have the meanings ascribed
to them as follows:
(a) "Bonds" means any bonds, notes, debentures, temporary, interim
or permanent certificates of indebtedness or other obligations
evidencing indebtedness.
(b) "Directing body" means the members of the State authority.
(c) "Environmental facility" or "facilities" means any land,
interest in land, building, structure, facility, system, fixture,
improvement, appurtenance, machinery, equipment or any combination
thereof, and all real and personal property deemed necessary therewith,
having to do with or the primary purpose of which is, reducing, controlling or
preventing pollution, or reclaiming surface mined land.  Environmental
facilities may be located anywhere in this State and may include those
facilities or processes used to (i) remove potential pollutants from coal prior
to combustion, (ii) reduce the volume or composition of hazardous waste by
changing or replacing manufacturing equipment or processes, (iii) recycle
hazardous waste, or (iv) recover resources from hazardous waste. Environmental
facilities may also include (i) solar collectors, solar storage mechanisms and
solar energy systems, as defined in Section 10-5 of the Property Tax Code; (ii) facilities designed to collect,
store, transfer, or distribute, for residential, commercial or industrial use,
heat energy which is a by-product of industrial or energy generation processes
and which would otherwise be wasted; (iii) facilities designed to remove
pollutants from emissions that result from the combustion of coal; and (iv)
facilities for the combustion of coal in a fluidized bed boiler. Environmental
facilities may be located outside of the State, provided that the environmental facility must either (i) be owned, operated, leased, or managed by an entity located within the State or an entity affiliated with an entity located within the State or (ii) substantially reduce, control, and prevent the environmental damage and pollution within the State. Environmental
facilities include landfill gas recovery facilities, as defined in the Illinois
Environmental Protection Act.
Environmental facilities do not include any land, interest in land,
buildings, structure, facility, system, fixture, improvement,
appurtenance, machinery, equipment or any combination thereof, and all real
and personal property deemed necessary therewith, having to do with a
hazardous waste disposal site, except where such land, interest in land,
buildings, structure, facility, system, fixture, improvement, appurtenance,
machinery, equipment, real or personal property are used for the management
or recovery of gas generated by a hazardous waste disposal site or are used
for recycling, reclamation, tank storage or treatment in tanks which occurs
on the same site as a hazardous waste disposal site.
(d) "Finance" or "financing" means the issuing of revenue bonds
pursuant to Section 9 of this Act by the State authority for the purpose
of using the proceeds to pay project costs for an environmental or
hazardous waste treatment facility including one in or to which title at all
times remains in a person other than the State authority, in which case the
bonds of the Authority are secured by a pledge of one or more notes,
debentures, bonds or other obligations, secured or unsecured, of any person.
(e) "Person" means any individual, partnership, copartnership, firm,
company, corporation (including public utilities), association, joint
stock company, trust, estate, political subdivision, state agency, or
any other legal entity, or their legal representative, agent or assigns.
(f) "Pollution" means any form of environmental pollution including,
but not limited to, water pollution, air pollution, land pollution,
solid waste pollution, thermal pollution, radiation contamination, or
noise pollution as determined by the various standards prescribed by
this state or the federal government and including but not limited to,
anything which is considered as pollution or environmental damage in the
Environmental Protection Act, approved June 29, 1970, as now or
hereafter amended.
(g) "Project costs" as applied to environmental or hazardous waste
treatment facilities financed under  this Act means and includes the sum
total of all reasonable or necessary costs incidental to the acquisition,
construction, reconstruction, repair, alteration, improvement and extension
of such environmental or hazardous waste treatment facilities including
without limitation the cost of studies and surveys; plans, specifications,
architectural and engineering services; legal, organization, marketing or other
special services; financing, acquisition, demolition, construction, equipment
and site development of new and rehabilitated buildings; rehabilitation,
reconstruction, repair or remodeling of existing buildings and all other
necessary and incidental expenses including an initial bond and interest
reserve together with interest on bonds issued to finance such environmental or
hazardous waste treatment facilities to a date 6 months subsequent to the
estimated date of completion.
(h) "State authority" or "authority" means the Illinois
Finance Authority created by the Illinois Finance
Authority Act.
(i) "Small business" or "small businesses" means those commercial
and manufacturing entities which at the time of their application to the
authority meet those criteria, as interpreted and applied by the State
authority, for definition as a "small business" established for the
Small Business Administration and set forth as Section 121.3-10 of Part
121 of Title 13 of the Code of Federal Regulations as such Section is in
effect on the effective date of this amendatory Act of 1975.
(j) "New coal-fired electric utility steam generating plants" and "new
coal-fired industrial boilers" means those plants and boilers on which
construction begins after the effective date of this amendatory Act of 1981.
(k) "Hazardous waste treatment facility" means any land, interest in
land, building, structure, facility, system, fixture, improvement,
appurtenance, machinery, equipment, or any combination thereof, and all
real and personal property deemed necessary therewith, the primary purpose
of which is to recycle, incinerate, or physically, chemically, biologically
or otherwise treat hazardous wastes, or to reduce the production of
hazardous wastes by changing or replacing manufacturing equipment or
processes, and which meets the requirements of the Environmental Protection
Act and all regulations adopted thereunder.
(l) The term "significant presence" means the existence within the State of the national or regional headquarters of an entity or group or such other facility of an entity or group of entities where a significant amount of the business functions are performed for such entity or group of entities.
(Source: P.A. 98-90, eff. 7-15-13.)
(20 ILCS 3515/4) (from Ch. 127, par. 724)
Sec. 4. 
		
		Transfer of functions from the Illinois Development Finance
Authority to the Illinois Finance Authority.  The Illinois Finance Authority
created by the Illinois
Finance Authority Act shall succeed to, assume and exercise all rights,
powers, duties and responsibilities formerly exercised by the Illinois
Development Finance Authority prior to the abolition of that Authority
by this amendatory Act of the 93rd General Assembly.  All books,
records, papers, documents and
pending business in any way pertaining to the former Illinois Development
Finance Authority are transferred to the Illinois
Finance Authority, but any rights or obligations of any person under any
contract made by, or under any rules, regulations, uniform standards, criteria
and guidelines established or approved by such former Illinois Environmental
Facilities Financing Authority shall be unaffected thereby.  All bonds,
notes or other evidences of indebtedness outstanding on the effective date
of this amendatory Act of the 93rd General Assembly shall be
unaffected by the transfer of functions
to the Illinois Finance Authority.  No rule,
regulation, standard,
criteria or guideline promulgated, established or approved by the former
Illinois Development Finance
Authority pursuant to an exercise
of any right, power, duty or responsibility assumed by and transferred to
the Illinois Finance Authority shall be affected by
this amendatory
Act of the 93rd General Assembly, and all such rules, regulations,
standards, criteria and
guidelines
shall become those of the Illinois  Finance Authority
until such
time as they are amended or repealed by the Authority.
Any action, including without limitation, approvals of applications for
bonds and resolutions constituting official action under the Internal Revenue
Code, by the Illinois Environmental Facilities Financing Authority prior
to the September 23, 1983 effective date of Public Act 83-669 shall remain
effective to the same extent as if such action had been taken by the Authority
and shall be deemed to be action taken by the Authority.
The State authority is
constituted a public instrumentality and the exercise by the State
authority of the powers conferred by this Act shall be deemed and held
to be the performance of an essential public function.  The Illinois Finance
Authority Act
shall not
apply to the provision of financing for environmental facilities by the
Authority, unless such financing is provided pursuant to
such Act.
(Source: P.A. 93-205, eff. 1-1-04.)
(20 ILCS 3515/7) (from Ch. 127, par. 727)
Sec. 7. Powers. In addition to the powers otherwise authorized by
law, for the purposes of this Act, the State authority shall have the
following powers together with all powers incidental thereto or necessary
for the performance thereof:
(1) to have perpetual succession as a body politic     and corporate;
(2) to adopt bylaws for the regulation of its affairs     and the conduct of its business;
(3) to sue and be sued and to prosecute and defend     actions in the courts;
(4) to have and to use a corporate seal and to alter     the same at pleasure;
(5) to maintain an office at such place or places as     it may designate;
(6) to determine the location, pursuant to the     Environmental Protection Act, and the manner of construction of any environmental or hazardous waste treatment facility to be financed under this Act and to acquire, construct, reconstruct, repair, alter, improve, extend, own, finance, lease, sell and otherwise dispose of the facility, to enter into contracts for any and all of such purposes, to designate a person as its agent to determine the location and manner of construction of an environmental or hazardous waste treatment facility undertaken by such person under the provisions of this Act and as agent of the authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, sell and otherwise dispose of the facility, and to enter into contracts for any and all of such purposes;
(7) to finance and to lease or sell to a person any     or all of the environmental or hazardous waste treatment facilities upon such terms and conditions as the directing body considers proper, and to charge and collect rent or other payments therefor and to terminate any such lease or sales agreement or financing agreement upon the failure of the lessee, purchaser or debtor to comply with any of the obligations thereof; and to include in any such lease or other agreement, if desired, provisions that the lessee, purchaser or debtor thereunder shall have options to renew the term of the lease, sales or other agreement for such period or periods and at such rent or other consideration as shall be determined by the directing body or to purchase any or all of the environmental or hazardous waste treatment facilities for a nominal amount or otherwise or that at or prior to the payment of all of the indebtedness incurred by the authority for the financing of such environmental or hazardous waste treatment facilities the authority may convey any or all of the environmental or hazardous waste treatment facilities to the lessee or purchaser thereof with or without consideration;
(8) to issue bonds for any of its corporate purposes,     including a bond issuance for the purpose of financing a group of projects involving environmental facilities, and to refund those bonds, all as provided for in this Act and subject to Section 13 of this Act;
(9) generally to fix and revise from time to time and     charge and collect rates, rents, fees and charges for the use of and services furnished or to be furnished by any environmental or hazardous waste treatment facility or any portion thereof and to contract with any person, firm or corporation or other body public or private in respect thereof;
(10) to employ consulting engineers, architects,     attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment and to fix their compensation;
(11) to receive and accept from any public agency     loans or grants for or in aid of the construction of any environmental  facility and any portion thereof, or for equipping the facility, and to receive and accept grants, gifts or other contributions from any source;
(12) to refund outstanding obligations incurred by     any person to finance the cost of an environmental or hazardous waste treatment facility including obligations incurred for environmental or hazardous waste treatment facilities undertaken and completed prior to or after the enactment of this Act when the authority finds that such financing is in the public interest;
(13) to prohibit the financing of environmental     facilities for new coal-fired electric steam generating plants and new coal-fired industrial boilers which do not use Illinois coal as the primary source of fuel;
(14) to set and impose appropriate financial     penalties on any person who receives financing from the State authority based on a commitment to use Illinois coal as the primary source of fuel at a new coal-fired electric utility steam generating plant or new coal-fired industrial boiler and later uses non-Illinois coal as the primary source of fuel;
(15) to fix, determine, charge and collect any     premiums, fees, charges, costs and expenses, including, without limitation, any application fees, program fees, commitment fees, financing charges or publication fees in connection with its activities under this Act; all expenses of the State authority incurred in carrying out this Act are payable solely from funds provided under the authority of this Act and no liability shall be incurred by any authority beyond the extent to which moneys are provided under this Act.  All fees and moneys accumulated by the Authority as provided in this Act or the Illinois Finance Authority Act shall be held outside of the State treasury and in the custody of the Treasurer of the Authority; and
(16) to do all things necessary and convenient to     carry out the purposes of this Act.
The State authority may not operate any environmental or hazardous waste
treatment facility as a business except for the purpose of protecting or
maintaining such facility as security for bonds of the State authority.  No
environmental or hazardous waste treatment facilities completed prior to
January 1, 1970 may be financed by the State authority under this Act, but
additions and improvements to such environmental or hazardous waste
treatment facilities which are commenced subsequent to January 1, 1970 may
be financed by the State authority. Any lease, sales agreement or other
financing agreement in connection with an environmental
or hazardous waste treatment facility entered into pursuant to this Act
must be for a term not shorter than the longest maturity of any bonds
issued to finance such environmental or hazardous waste treatment facility
or a portion thereof and must provide for rentals
or other payments adequate to pay the principal of and interest and
premiums, if any, on such bonds as the same fall due and to create and
maintain such reserves and accounts for depreciation, if any, as the
directing body determines to be necessary.
The Authority shall give priority to providing financing for the
establishment of hazardous waste treatment facilities necessary to achieve
the goals of Section 22.6 of the Environmental Protection Act.
The Authority shall give special consideration to small businesses in
authorizing the issuance of bonds for the financing of environmental
facilities pursuant to subsection (c) of Section 2.
The Authority shall make a financial report on all projects financed
under this Section to the General Assembly, to the Governor, and to the
 Commission on Government Forecasting and Accountability by April 1 of each year. Such
report shall be a public record and open for inspection at the offices
of the Authority during normal business hours.  The report shall
include: (a) all applications for loans and other financial assistance
presented to the members of the Authority during such fiscal year, (b)
all projects and owners thereof which have received any form of
financial assistance from the Authority during such year, (c) the nature
and amount of all such assistance, and (d) projected activities of the
Authority for the next fiscal year, including projection of the total
amount of loans and other financial assistance anticipated and the
amount of revenue bonds or other evidences of indebtedness that will be
necessary to provide the projected level of assistance during the next
fiscal year.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 3515/7.5)
Sec. 7.5. Required findings for environmental facilities located outside the State. The State authority may approve an application to finance or refinance environmental facilities located outside of the State only after it has made either of the following findings with respect to such financing or refinancing, all of which shall be deemed conclusive:
(1) that all of the following conditions exist:
(A) the entity financing or refinancing an         environmental facility located outside the State, or an affiliate thereof, is also engaged in the financing or refinancing of an environmental facility located within the State or, alternately, the entity seeking the financing or refinancing, or an affiliate thereof, maintains a significant presence within the State;
(B) financing or refinancing the out-of-state         environmental facility would promote the interests of the State for the benefit of the health, welfare, safety, trade, commerce, industry, and economy of the people of the State by reducing, controlling, or preventing environmental damage and pollution within the State or lowering the cost of environmental facilities within the State by reducing the cost of financing, refinancing, or operating environmental facilities; and
(C) after giving effect to the financing or         refinancing of the out-of-state environmental facility, the State authority shall have the ability to issue at least an additional $250,000,000 in bonds under Section 9 of this Act; or
(2) that financing or refinancing the out-of-state     environmental facility will substantially reduce, control, or prevent environmental damage within the State.
The State authority shall not provide financing or refinancing for any project, or portion thereof, located outside the boundaries of the United States of America.
Notwithstanding any other provision of this Act, the Authority shall not provide financing or refinancing that uses State volume cap under Section 146 of the Internal Revenue Code of 1986, as amended, except as permitted under said Section 146, or constitutes an indebtedness or obligation, general or moral, or a pledge of the full faith or loan of credit of the State for any project, or portion thereof, that is located outside of the State.
(Source: P.A. 98-90, eff. 7-15-13.)
(20 ILCS 3515/8) (from Ch. 127, par. 728)
Sec. 8. 
		Acquisition of property. 
		The State authority is authorized and empowered directly or by or
through any person, as its agent, to acquire by purchase, lease, gift,
legacy or otherwise such land, structures, rights of way, franchises,
easements, other interests in lands including lands lying under water
and riparian rights and any other property whether real, personal or
mixed, which are located within or without the State as it may deem
necessary or convenient for the construction or acquisition of an environmental
facility, but upon such terms as may be considered by
the authority to be reasonable, and to take title thereto in the name of
the authority or in the name of such person as its agent.
(Source: P.A. 83-388.)
(20 ILCS 3515/9) (from Ch. 127, par. 729)
Sec. 9. 
		Bonds. 
		The bonds may be issued as serial bonds or as term
bonds or a combination of both types.  All bonds issued by the State
authority shall be payable solely out of the revenues and receipts
derived from the leasing, financing or sale by the authority of the
environmental facilities financed with the proceeds thereof as may
be designated in the proceedings of the directing body under which the
bonds shall be authorized to be issued.  Such bonds may be executed and
delivered by the authority at any time and from time to time, may be in
such amounts, may be in such form and denominations and of such terms
and maturities, may be in fully registered form or in bearer form
registrable either as to principal or interest or both, may bear such
conversion privileges and be payable in such installments and at such
time or times not exceeding 40 years from the date thereof, may be
payable at such place or places whether within or without the State of
Illinois, may bear interest at such rate or rates per annum without
regard to any interest rate limitation appearing in any other law, may
be payable at such time or times and at such place or places and
evidenced in such manner, may be executed by the manual or facsimile
signatures of such officers of the authority, and may contain such
provisions not inconsistent with this Act, all as shall be provided in
the proceedings of the directing body of the authority.  If deemed
advisable by the directing body there may be retained in the proceedings
under which any bonds of the authority are authorized to be issued an
option to redeem all or any part thereof as may be specified in such
proceedings, at such price or prices and after such notice or notices
and on such terms and conditions as may be set forth in such
proceedings, but nothing herein contained shall be construed to confer
on the authority the right or option to redeem any bonds except as may
be provided in the proceedings under which they shall be issued.  Any
bonds of the authority may be sold at public or private sale for such
price and in such manner and from time to time as may be determined by
the directing body of the authority, and the authority may pay all
expenses, premiums and commissions which its directing body may deem
necessary or advantageous in connection with the issuance thereof.
Issuance by the State authority of one or more series of bonds for one
or more purposes shall not preclude it from issuing other bonds in
connection with the same environmental facility or any other
environmental facility or for any other purpose under this Act, but
the proceedings whereunder any subsequent bonds may be issued shall
recognize and protect any prior pledge made for any prior issue of
bonds.  Any bonds of the State authority at any time outstanding may at
any time and from time to time be refunded by the authority by the
issuance of its refunding bonds in such amount as the directing body may
deem necessary but not exceeding an amount sufficient to refund the
principal of the bonds so to be refunded, together with any unpaid
interest thereon and any premiums, commissions, service fees and other
expenses necessary to be paid in connection therewith.  Any such
refunding may be effected whether the bonds to be refunded shall have
then matured or shall thereafter mature, either by sale of the refunding
bonds and the application of the proceeds thereof for the payment of the
bonds to be refunded thereby, or by the exchange of the refunding bonds
for the bonds to be refunded thereby with the consent of the holders of
the bonds so to be refunded, and regardless of whether or not the bonds
to be refunded were issued in connection with the same environmental
facility or separate environmental facilities or for any other
purpose under this Act, and regardless of whether or not the bonds
proposed to be refunded shall be payable on the same date or different
dates or shall be due serially or otherwise.  All such bonds and the
interest coupons applicable thereto, if any, are hereby made and shall
be construed to be negotiable instruments.
The aggregate principal amount of bonds which may be issued and
outstanding under this Act by the State authority is $2,500,000,000. In
order to carry out the purposes expressed in paragraph (c) of Section 2
hereof, $75,000,000 of such amount shall be allocated by the State
authority for the issuance of bonds to finance environmental
facilities for small businesses. The State authority shall keep a record
of all bonds issued by it under this Act.
(Source: P.A. 89-460, eff. 5-24-96; 90-470, eff. 8-17-97.)
(20 ILCS 3515/10) (from Ch. 127, par. 730)
Sec. 10. 
		Security for bonds. 
		The principal of, and interest and
premiums, if any, on any bonds issued by the State authority shall be
secured by a pledge of the revenues and receipts out of which the same
shall be made payable and may also be payable out of proceeds from the
sale of the environmental facility acquired with proceeds of such
bonds.  The resolution under which the bonds are authorized to be
issued, and any indenture executed as security for the bonds, may
contain any agreements and provisions respecting the maintenance of the
properties covered thereby, the fixing and collection of rents for any
portions thereof leased by the State authority to others, the creation
and maintenance of special funds from such revenues and the rights and
remedies available in the event of default, including the designation of
a trustee, all as the directing body shall deem advisable and not in
conflict with the provisions hereof.  Each pledge and agreement made for
the benefit or security of any of the bonds of the authority shall
continue effective until the principal of, and interest and premiums, if
any, on the bonds for the benefit of which the same were made shall have
been fully paid or provision for such payment duly made.  In the event
of default in such payment or in any agreements of the authority made as
a part of the contract under which the bonds were issued, whether
contained in the proceedings authorizing the bonds or in any indenture
executed as security therefor, the payment or agreement may be enforced
by mandamus, injunction, civil action or proceeding or the
appointment of a receiver or any one or more of these remedies.
(Source: P.A. 83-345.)
(20 ILCS 3515/11) (from Ch. 127, par. 731)
Sec. 11. 
		
		Payment of
bonds-Nonliability of State.
Bonds issued under the provisions of this Act shall not be deemed to
constitute a debt or liability of the State or of any political
subdivision, but shall be payable solely from the funds herein provided
therefor. The issuance of bonds under the provisions of this Act shall not,
directly or indirectly or contingently, obligate the State or any political
subdivision thereof to levy any form of taxation therefor or to make any
appropriation for their payment. Nothing in this Act shall be construed to
authorize the authority to create a debt of the State within the meaning of
the Constitution or Statutes of Illinois and all bonds issued by the
authority pursuant to the provisions of this Act are payable and shall
state that they are payable solely from the funds pledged for their payment
in accordance with the resolution authorizing their issuance or in any
indenture executed as security therefor. The State shall not in any event
be liable for the payment of the principal of or interest or premiums, if
any, on any bonds of the authority or for the performance of any pledge,
obligation or agreement of any kind whatsoever which may be undertaken by
such authority concerned. No breach of any such pledge, obligation or
agreement may impose any pecuniary liability upon the State or any charge
upon its general credit or against its taxing power.
(Source: P.A. 77-2159.)
(20 ILCS 3515/12) (from Ch. 127, par. 732)
Sec. 12. 
		Taxation;
securities law. 
		The State authority is hereby declared to be performing a public
function in behalf of the State and to be a public instrumentality of the
State. Also, for purposes of the Illinois Securities Law of 1953, compiled
as Sections 137.1 through 137.17 of Chapter 121 1/2 Ill. Rev. Stats. 1969,
and any amendment thereto and substitution therefor, bonds issued by any
such authority shall be deemed to be securities issued by a public
instrumentality or a political subdivision of the State of Illinois. To the
extent permitted by the Constitution the property acquired by the State
authority pursuant to this Act is exempt from taxation except that during
any period that such property is leased or sold or is subject to an
agreement to be leased or sold by such authority, taxes shall be payable to
the same extent as if it were owned by such lessee or purchaser, or
prospective lessee or purchaser, and such taxes shall be paid by such
person.
(Source: P.A. 77-2159.)
(20 ILCS 3515/13) (from Ch. 127, par. 733)
Sec. 13. 
		(Repealed).
(Source: Repealed by P.A. 88-519.)
(20 ILCS 3515/14) (from Ch. 127, par. 734)
Sec. 14. 
		Conveyance of title. 
		At or prior to the time the principal
of and interest on bonds issued by the State authority to finance a
particular environmental facility have been fully paid, the
authority may execute such deeds and conveyances as are necessary and
required to convey its right, title and interest in such environmental
facilities to any person, if the State authority has determined
that adequate provision has been made for the payment of principal,
interest and premium, if any, or any outstanding bonds as they become
due.
(Source: P.A. 81-1063.)
(20 ILCS 3515/15) (from Ch. 127, par. 735)
Sec. 15. 
		
		Powers not
restricted-law complete in itself.
Neither this Act nor anything herein contained shall be construed as a
restriction or limitation upon any powers which the State authority might
otherwise have under any laws of this State, but shall be construed as
cumulative of any such powers. No proceedings, referendum, notice or
approval shall be required for the creation of the State authority or the
issuance of any bonds or any instrument as security therefor, except as
herein provided, any other law to the contrary notwithstanding; provided,
that nothing herein shall be construed to deprive the State and its
governmental subdivisions of their respective police powers over properties
of the State authority, or to impair any power thereover of any official or
agency of the State and its governmental subdivisions which may be
otherwise provided by law.
(Source: P.A. 77-2159.)
(20 ILCS 3515/16) (from Ch. 127, par. 736)
Sec. 16. 
		
		Investment
of funds.
The State authority may invest any funds in bonds, notes, certificates
of indebtedness, treasury bills or other securities constituting direct
obligations of or obligations guaranteed by the United States of America;
in certificates of deposit or time deposits constituting direct obligations
of any bank or savings and loan association authorized to do business
in this State, provided, however, that investments may be made only in
those certificates of deposit or time deposits in banks or savings and
loan associations which are insured
by the Federal Deposit Insurance Corporation or the Federal Savings and
Loan Insurance Corporation, if then in existence; or in
short term discount obligations of the Federal National Mortgage
Association. Any such securities may be purchased at the offering or market
price thereof at the time of such purchase.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
(20 ILCS 3515/17) (from Ch. 127, par. 737)
Sec. 17. 
		
		Bonds
eligible for investment.
The State and all counties, cities, villages, incorporated towns, and
other municipal corporations, political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies, insurance companies and
associations, and all executors, administrators, guardians, trustees and
other fiduciaries may legally invest any sinking funds, monies or other
funds belonging to them or within their control in any bonds issued
pursuant to this Act.
No lessee from the State authority may purchase bonds of the State
authority.
(Source: P.A. 77-2159.)
(20 ILCS 3515/18) (from Ch. 127, par. 738)
Sec. 18. 
		
		Exemption from construction and bidding requirements for
public buildings.
An environmental facility is not subject to any requirements
relating to public buildings, structures, grounds, works, or
improvements imposed by the laws of this State
or any other
similar requirements which may be lawfully waived by this section and
any requirement of competitive bidding or other restriction imposed on
the procedure for award of contracts for such purpose or the lease,
sale, or other disposition of property of the State authority is not
applicable to any action taken under authority of this Act.
(Source: P.A. 81-1063.)
(20 ILCS 3515/19) (from Ch. 127, par. 739)
Sec. 19. 
		
		Powers additional to those granted by other
laws - Severability.
The powers conferred by this Act shall be in addition and
supplementary to, and the limitations by this Act shall not affect the
powers conferred by any other law. Environmental
facilities may be
acquired, constructed, reconstructed, repaired, altered, improved, and
extended and bonds may be issued under this Act for said purposes
notwithstanding that any other law may provide for the acquisition,
construction, reconstruction, repair, altering, improvement and
extensions of like environmental facilities, or the issuance of
bonds for like purposes, and without regard to the requirements,
restrictions, limitations or other provisions contained in any other
law. If any one or more sections or provisions of this Act, or the
application thereof to any person or circumstance, shall ever be held by
any court of competent jurisdiction to be invalid, the remaining
provisions of this Act and the application thereof to persons or
circumstances other than those to which it is held to be invalid, shall
not be affected thereby, it being the intention of this General Assembly
to enact the remaining provisions of this Act notwithstanding such
invalidity.
(Source: P.A. 81-1063.)