reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart D - LOAN ISSUANCE, AUDITING AND RECORDKEEPING › Section 662.440 - Disbursement and Use of Loan Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before the Agency will disburse loan
				funds, the loan recipient shall submit the following:
1) A complete payment request based on costs
				incurred that are due and payable, as evidenced by invoices; and
2) A certification that the contractor is
				paying prevailing wages in accordance with the Davis-Bacon Act (
				40
				USC 3141 through
				3148
				), as defined by the US Department of Labor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart D - LOAN ISSUANCE, AUDITING AND RECORDKEEPING › Section 662.450 - Initiation of Loan Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
Loan repayment to the Agency shall be in accordance with the
				  loan repayment provisions contained in the loan agreement.
a) Loan repayments shall commence not later
				than 6 months after the initiation of the loan repayment period and shall be
				due semiannually unless the Agency determines that the dedicated source of
				revenue justifies an alternative repayment plan.
b) After the initiation of the loan repayment
				period date in the loan agreement, the Agency shall set a principal amount and
				give the loan recipient an interim repayment schedule.
c) The final repayment schedule shall be
				established as set forth in Section
				662.460(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart D - LOAN ISSUANCE, AUDITING AND RECORDKEEPING › Section 662.470 - Ongoing Auditing and Monitoring of Financial Capability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan recipient shall maintain books,
				records, documents, reports, and other evidentiary material in accordance with
				generally accepted accounting principles and shall be subject to inspection and
				audit by the Agency or its authorized representative.
b) For purposes of this Section, records
				shall include, but not be limited to, the following:
1) Documentation of the receipt and
				disposition by the loan recipient of all financial assistance received for the
				project, including both State financial assistance and any matching share or
				cost sharing; and
2) Documentation
				of the costs charged to the project, including all direct and indirect costs of
				whatever nature incurred for the performance of the project for which the loan
				has been provided.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 662.510 - Delinquent Loan Repayments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
In the event that a timely payment is not made by a loan recipient
				according to the loan schedule of repayment, the loan recipient shall notify
				the Agency in writing within 15 days after the payment due date. The
				notification shall include a statement of the reasons the payment was not
				timely tendered, the circumstances under which the late payments will be
				satisfied, and binding commitments to assure future payments. After receipt of
				this notification, the Agency shall confirm in writing the acceptability of the
				plan or take action in accordance with subsection (b) of this
				Section.
b)
In the
				event that a loan recipient fails to comply with subsection (a) of this
				Section, the Agency shall promptly issue a notice of delinquency to the loan
				recipient which shall require a written response within 15 days. The notice of
				delinquency shall require that the loan recipient revise its rates, fees and
				charges to meet its obligations or take other specified actions as may be
				appropriate to remedy the delinquency and to assure future
				payments.
c)
In
				the event that the loan recipient fails to timely or adequately respond to a
				notice of delinquency, or fails to meet its obligations made pursuant to
				subsections (a) and (b) of this Section, the Agency shall pursue the collection
				of the amounts past due, the outstanding loan balance and the costs thereby
				incurred, either pursuant to the Illinois State Collection Act of 1986
[ 30 ILCS 210 ]
or by any other reasonable means as may be provided by
				law, including the taking of title by foreclosure or otherwise to any project
				or other property pledged, mortgaged, encumbered, or otherwise available as
				security or collateral.
[
				415 ILCS
				5/19.6 ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 662.520 - Noncompliance with Loan Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event of noncompliance with any
				condition or obligation arising out of the loan, the Director may take any
				necessary action as provided by law or by the loan agreement against the loan
				recipient including, but not limited to, one or more of the following actions:
1) Commence legal action in a court of
				competent jurisdiction;
2) Declare
				all amounts under the loan immediately due and payable, enforce any security,
				and recover all loan funds;
3)
				Terminate the loan pursuant to Section 662.540;
4) Suspend all or part of the project work
				pursuant to Section 662.530;
5)
				Reduce the amount of the loan by the amount of misused funds; or
6) Unilaterally adjust the fixed loan rate of
				the loan agreement to the current market interest rate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 662.530 - Stop-Work Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				the event of any violation of this Part or noncompliance with the terms of the
				loan agreement, the Agency may, by written order, require the loan recipient to
				stop all or any part of the project work for a period of not more than 30 days
				after the date of the order, and for any further period to which the parties
				may agree. Any such order shall include a list of the project activities to
				which it applies. Upon receipt of a stop-work order, the loan recipient shall
				immediately comply with its terms and shall minimize the incurrence of costs
				allocable to the work covered by the order during the period of work stoppage.
				Within 30 days after the date of the stop-work order, or within the period of
				any extension to which the parties have agreed, the Agency shall:
1) cancel the stop-work order upon resolution
				of the violation or cause leading to that stop-work order; or
2) terminate the work covered by the
				stop-work order as provided in Section 662.540(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 662.540 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loan Termination
				by the Agency
1) The Agency, by written
				notice to the loan recipient, may terminate the loan in whole or in part. Cause
				for termination shall include, but not be limited to, the following:
A) failure by the loan recipient to comply
				with the terms and conditions of the loan;
B) after 10 days written notice from the
				Agency, failure by the loan recipient or any of its contractors or
				subcontractors to provide access as required by Section
				662.620(i);
C) after 10 days written notice from the
				Agency, failure of the loan recipient or its contractors or subcontractors to
				make records available to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 662.610 - Requirements for Subagreements

Current through Register Vol. 48, No. 28, July 12, 2024
The intent of this Subpart is to provide for maximum open and
				  free competition in the procurement of materials, goods and services for the
				  construction of projects funded from the PWSLP. Any procurement method, except
				  as allowed under this Part, that significantly minimizes open and free
				  competition will be prohibited. The following procedures shall apply to
				  subagreements:
a) Local Preference
Local laws, ordinances, regulations or procedures that are
				  designed to or operate to give local or in-state bidders or proposers
				  preference over other bidders or proposers shall not be used in evaluating bids
				  or proposals for subagreements under PWSLP loans.
b) Profits
Only fair and reasonable profits may be earned by contractors
				  in subagreements under PWSLP loans. Profit included in a formally advertised,
				  competitively bid, fixed price construction contract awarded pursuant to
				  Section
				  662.620
				  (Construction Contracts) is presumed to be reasonable. If a subagreement is not
				  competitively bid, the loan recipient shall submit to the Agency its basis for
				  determination of reasonable profit.
c) Loan Recipient Responsibility
The loan recipient shall be responsible for the
				  administration and successful accomplishment of the project for which PWSLP
				  loan assistance is provided. The loan recipient shall be responsible for the
				  settlement and satisfaction of all contractual and administrative issues
				  arising out of subagreements, including, but not limited to, issuance of
				  invitations for bids or requests for proposals, selection of contractors, award
				  of contracts, protests of award, claims, disputes, and other procurement
				  matters. With the prior written consent of the Agency, these functions may be
				  performed for the loan recipient by an individual or firm retained for that
				  purpose. The individual or firm shall be deemed the loan recipient's agent and
				  shall be subject to all the provisions of the loan agreement and all the
				  provisions of this Part that apply to the loan recipient.
d) Privity of Contract
Neither the Agency nor the State of Illinois shall be a party
				  to any subagreement (including contracts or subcontracts) or to any
				  solicitation or request for proposals under those subagreements.
e) Subagreements shall:
1) be directly related to the accomplishment
				of the loan recipient's approved work program;
2) be in the form of an executed written
				agreement (except for small purchases of $25,000 or less);
3) be for monetary or in-kind consideration;
				and
4) not be in the nature of a
				grant or gift.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 662.620 - Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall apply to construction
				  contracts (subagreements) awarded by loan recipients for the construction phase
				  only. They shall not apply to personal and professional service
				  contracts.
a) Each construction
				contract shall be awarded after formal advertising, unless negotiation is
				permitted in accordance with Section
				662.610(i).
b) The bid advertisement shall notify the
				bidders that the procurement will be subject to the following requirements:
1) this Part;
2) the Davis-Bacon Act (40 U.S.C. 3141
				through 3148) and regulations adopted
				under that Act by the U.S. Department of Labor;
3) the Employment of Illinois Workers on
				Public Works Act [30 ILCS 570 ];
4) the use of American iron and steel as
				required by Sec. 1452(a)(4) of the federal Safe Drinking Water Act
				(42 U.S.C.
				300j-12(a)(4));
5) the Participation by Disadvantaged
				Business Enterprises in United States Environmental Protection Agency Programs
				(40 CFR
				33); and
6) the Build America Buy America Act (BABA
				Act) at Public Law
				117-58,
				Sections
				70901 through 70952 (41 U.S.C.
				8301 note), as applicable; and
7) any applicable federal or State executive
				orders.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 662.640 - Compliance with Procurement Requirements for Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loan Applicant
				Responsibility
The loan applicant shall be responsible for selecting the
				  low, responsive, and responsible bidder or other contractor in accordance with
				  applicable requirements of State, federal, and local laws and ordinances, as
				  well as for the specific requirements of the loan agreement directly affecting
				  procurement. The loan applicant shall also be responsible for the initial
				  resolution of complaints based upon alleged violations. Any complaints made to
				  the Agency concerning any alleged violation of law in the procurement of
				  construction services or materials for a project involving construction work
				  will be referred to the loan applicant for resolution. The loan applicant shall
				  promptly determine each complaint on its merits and shall allow the complainant
				  and any other party who may be adversely affected to state in writing or at a
				  conference the basis for their views concerning the proposed procurement. The
				  loan applicant shall promptly furnish to the complainant and to other affected
				  parties, by certified mail, a written summary of its determination,
				  substantiated by an engineering or legal opinion providing a justification for
				  its determination.
b) Time
				Limitations
Complaints should be made as early as possible during the
				  procurement process, preferably prior to the bid opening, to avoid disruption
				  of the procurement process. The complaint shall be mailed (certified mail,
				  return receipt requested), or otherwise delivered, no later than 5 working days
				  after the complainant becomes aware of an alleged violation. If there is no
				  agreement between the parties within 7 days following the loan applicant's
				  response, unless all bids are rejected, the matter shall be resolved in
				  accordance with subsection (c).
c) Remedies
All claims, counter-claims, disputes, and other matters in
				  question between the recipient and the contractor arising out of, or relating
				  to, a subagreement or its breach shall be decided by arbitration if the parties
				  agree, or in a court of competent jurisdiction within the State.
d) Deferral of Procurement Action
If the determination of a complaint by the loan applicant is
				  adverse to the complainant, the loan applicant shall defer issuance of its
				  solicitation or award or notice to proceed under the contract (as appropriate)
				  for 7 days after mailing or delivery of the determination. If the determination
				  (whether made by the loan applicant, the arbitrator or the court) is favorable
				  to the complainant, the terms of the solicitation shall be revised or the
				  contract shall be awarded, as appropriate, in accordance with the
				  determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 662.650 - Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only the loan
				recipient may appeal to the Agency in its own name and for its own benefit,
				under the disputes provision of a loan, with respect to its subagreements.
				Neither a contractor nor a subcontractor may prosecute an appeal under the
				disputes provision in its own name or interest.
b) Any dispute arising under the loan that is
				not disposed of by agreement shall be decided by the Director, or his or her
				authorized representative, who shall render a decision in writing and mail or
				otherwise furnish it to the loan recipient. The decision of the Director shall
				be in accordance with this Part and shall be final and conclusive.
c) The disputes provision shall not preclude
				the Director from considering questions of law in any decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 662.660 - Indemnity

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall assume the entire risk,
				  responsibility and liability for all loss or damage to property owned by the
				  loan recipient, the Agency or by third persons, and for any injury to or death
				  of any persons (including employees of the loan recipient) caused by, arising
				  out of, or occurring in connection with the execution of any work, contract or
				  subcontract arising out of the PWSLP loan. The loan recipient shall indemnify,
				  save harmless, and defend the State of Illinois and the Agency from all claims
				  for loss, damage, injury or death, whether caused by the negligence of the
				  State of Illinois, the Agency, their agents or employees or otherwise,
				  consistent with the provisions of Section 1 of the Construction Contract
				  Indemnification for Negligence Act [
				  740 ILCS
				  35/1 ]. The loan recipient shall require that all its
				  contractors and subcontractors agree in writing that they will look solely to
				  the loan recipient for performance of the contract or satisfaction of all
				  claims arising under the contract.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 662.670 - Covenant Against Contingent Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall warrant that no person or agency has
				  been employed or retained to solicit or secure a PWSLP loan upon an agreement
				  or understanding for a commission, percentage, brokerage, or contingent fee.
				  For breach or violation of this warranty, the Agency shall have the right to
				  annul the loan in accordance with Section
				  662.520
				  or to deduct from the loan, or otherwise recover, the full amount of the
				  commission, percentage, brokerage, or contingent fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart A - INTRODUCTION › Section 663.105 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth the procedures the Agency shall use to
				  operate the Public Water Supply Loan Program (PWSLP) to provide funding for
				  lead service line replacement projects.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart A - INTRODUCTION › Section 663.130 - Uses of the Public Water Supply Loan Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Public Water Supply Loan Program shall be used and
				  administered by the Agency for the following purposes:
a)
to accept and retain funds from
				grant awards, appropriations, transfers, and payments of interest and
				principal
[415 ILCS
				5/19.3(d)(1) ];
b)
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
public
water supplies and projects that fulfill federal State Revolving
				fund grant requirements for a green project reserve
[415 ILCS
				5/19.3(d)(2) ];
c)
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
[415 ILCS
				5/19.3(d)(3) ];
d)
to guarantee local obligations
				where such action would improve credit market access or reduce interest
				rates
[415 ILCS
				5/19.3(d)(4) ];
e)
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
[415 ILCS
				5/19.3(d)(5) ];
f)
to transfer funds to the Water
				Pollution Control Loan Program
(WPCLP) [415 ILCS
				5/19.3(d)(6) ]; and
g)
notwithstanding any other
				provision of this
Section
, 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 SDWA
(42 U.S.C.
				300j-12)
for any expenditures
				eligible for assistance under that section or federal rules adopted to
				implement that section
[415 ILCS
				5/19.3(d)(7) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart A - INTRODUCTION › Section 663.140 - Projects and Activities Eligible for Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Eligible community water supplies. Funds
				available under this Part shall only be used for providing financial assistance
				to a project or activity that is otherwise PWSLP eligible and is a lead service
				line replacement project or associated activities directly connected to the
				identification, planning, design, and replacement of lead service lines.
1) Any project funded under this Part
				involving a lead service line replacement must replace the entire lead service
				line, not just a portion, unless a portion has already been replaced or is
				concurrently being replaced with another funding source; and
2) A lead service line replacement includes
				the replacement of goosenecks, pigtails, and connectors, whether standalone or
				connected to a lead service line.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart A - INTRODUCTION › Section 663.160 - Application Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				order to receive a loan under this Part, loan applicants must apply with the
				Agency using the loan application process outlined in Subpart C. The process
				requires that:
1) the loan applicant submit a
				Funding Nomination Form pursuant to Section
				663.310;
2) the loan applicant submit a Project Plan
				pursuant to Section 663.320;
3) the Agency conducts a State environmental
				review of the Project under Section
				663.330;
4) the Agency place the Project on the
				Project Priority List pursuant to Section
				663.340; and
5) the loan applicant submit the following
				information:
A) a loan application as required
				by Section 663.350(a);
B) contracts for personal or professional
				services, as required by Section
				663.350(b);
C) pre-bidding plans and specifications with
				certification form, as required by Section
				663.350(c);
				and
D) bidding evaluation and
				certification forms, as required by Section
				663.350(d).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart A - INTRODUCTION › Section 663.170 - Waiver of Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (b) or otherwise required by law, the Director
				may waive any of the loan procedures, either in whole or in part, by a written
				statement to the loan recipient, either as a special condition of the loan or
				otherwise, provided the Director finds that the procedure or requirement to be
				waived is not necessary to ensure the integrity of the project, will not reduce
				a recipient's ability to repay the loan to the Agency, and will not, in
				general, weaken the financial position of the PWSLP. The waiver may be subject
				to such additional conditions as the Director deems necessary.
b) In addition to all federal requirements,
				these procedures will not be waived:
1)
				Section 663.210 (Fixed Loan
				Rate);
2) Section
				663.240
				(Restructuring);
3) Section
				663.320 (Project
				Plan);
4) Section
				663.330 (State Environmental
				Review);
5) Section
				663.340 (Project Priority
				List);
6) Section
				663.350(a)(9)
				(Ability to Repay);
7) Section
				663.470 (Ongoing Auditing and
				Monitoring of Financial Capability);
8) Section
				663.620(f)(3)
				(Wage Provisions);
9) Section
				663.620(f)(4)
				(Disadvantaged Business Enterprise Requirements);
10) Section
				663.620(f)(5)
				(Debarment and Suspension Certification);
11) Section
				663.630(a)(1)
				(Disadvantaged Business Enterprise Requirements); and
12) Section
				663.630(a)(4) 
				(Debarment and Suspension Certification).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart B - FINANCING TERMS › Section 663.210 - Fixed Loan Rate

Current through Register Vol. 48, No. 28, July 12, 2024
Each loan shall have a Fixed Loan Rate equal to
				  0%.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart B - FINANCING TERMS › Section 663.220 - Loan Repayment Period

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (b), the loan repayment period cannot exceed
				the lesser of 30 years beyond the initiation of operation date, 30 years beyond
				the initiation of the loan repayment period, or the projected useful life of
				the project to be financed with the proceeds of the loan.
b) For loan applicants that are a
				disadvantaged community, the loan repayment period cannot exceed the lesser of
				40 years beyond the initiation of operation date, 40 years beyond the
				initiation of the loan repayment period, or the projected useful life of the
				project to be financed with proceeds of the loan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart B - FINANCING TERMS › Section 663.230 - A2 Factor (Project Need) (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart B - FINANCING TERMS › Section 663.240 - Restructuring

Current through Register Vol. 48, No. 28, July 12, 2024
All restructuring shall be consistent with the objectives of
				  the SDWA and shall meet the requirements of this Part.
a) A written request for the restructuring of
				the loan obligation must be submitted in writing to the Agency. Each written
				request for restructuring shall contain all of the following:
1) The name of the applicant and the Agency
				loan number;
2) A statement
				explaining when it was determined that restructuring was needed;
3) A statement explaining all remedial
				measures taken prior to the determination that restructuring was
				needed;
4) A statement explaining
				why restructuring is in the best interest of the State and the
				applicant;
5) A description of the
				financing terms desired and the facts that the applicant believes warrant the
				Agency's approval of the restructuring; and
6) A description of the applicant's financial
				capability and dedicated source of revenue for repayment of the restructured
				loan in accordance with Section
				663.350(a)(8) through
				(a)(12).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart B - FINANCING TERMS › Section 663.250 - Additional Subsidization

Current through Register Vol. 48, No. 28, July 12, 2024
All financial assistance from the PWSLP shall be in the form
				  of low interest loans, with principal forgiveness terms used and applied as
				  necessary to meet specific requirements of the federal LSLR Capitalization
				  Grant Agreement, the SDWA and the BIL Act. The availability, amounts,
				  limitations, and method of distribution for any principal forgiveness of the
				  loan amount shall be determined by the Director of the Agency based upon USEPA
				  requirements and the terms of the LSLR Capitalization Grant Agreement, the
				  SDWA, the BIL Act, economic conditions, status of the Fund, and other relevant
				  criteria.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart B - FINANCING TERMS › Section 663.260 - Limitations on Loan Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may establish the annual limitations on the amount
				  of loan assistance given to each loan recipient by considering the status of
				  the Fund, capitalization grant amounts, economic conditions, and requirements
				  established by USEPA. The annual limitations on the amount of loan assistance
				  established by the Agency must be included as part of the Agency's Intended Use
				  Plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart C - LOAN APPLICATION PROCESS › Section 663.310 - Funding Nomination Form

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Every loan applicant shall submit to the Agency a signed and dated Funding
				Nomination Form that includes, at a minimum, the following items:
1) Loan applicant information
A) name;
B) contact information; and
C) authorized representative - name and
				title;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart C - LOAN APPLICATION PROCESS › Section 663.320 - Project Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loan
				applicants shall submit to the Agency a Project Plan with its initial Funding
				Nomination Form.
b) Planning
				previously or collaterally accomplished under local, State, or federal programs
				may be utilized to the extent applicable. If any information required to be
				furnished as part of a Project Plan has been developed separately, it shall be
				furnished and incorporated by reference in the Project Plan.
c) When applicable, the loan applicant shall
				also submit any intergovernmental agreements or documentation of legal
				authority necessary for project implementation.
d) The Project Plan may include more than one
				construction project.
e) The
				Project Plan shall include the following supporting data:
1) A description of the needs to be addressed
				by the proposed project;
2) A
				discussion of the technical, financial, managerial, and environmental
				considerations that form the basis for the loan applicant's selection of the
				recommended project. When appropriate to the project scope, the following
				issues shall be addressed:
A) An inventory of
				the relative environmental impacts of the proposed project; and
B) Adequate description of the project scope
				to confirm the reasonability of cost estimates;
3) A detailed description of the proposed
				project for loan assistance, including complete cost estimates for planning,
				design and construction, one or more
				8.5 by 11-inch site map or maps
				locating areas of construction and indirect impacts, and a projected schedule
				for completion;
4) Any applicable
				approvals from relevant federal, State, interstate, regional, or local
				agencies; and
5) An implementation
				plan for the proposed project, including necessary financial arrangements for
				the operation and maintenance of the system and repayment of the proposed loan
				amount, as well as the impact of these costs on the system users.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart C - LOAN APPLICATION PROCESS › Section 663.330 - State Environmental Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preliminary Environmental Review
1) All loan applicants shall submit an
				environmental checklist on forms prescribed by the Agency.
2) Prior to making a final determination on
				the acceptability of any Project Plan, the Agency shall undertake a preliminary
				environmental review of the project to determine whether the project qualifies
				for a categorical exclusion under subsection (b) or a detailed environmental
				review under subsection (c).
3) The
				scope of the Agency's environmental review shall include, but not be limited
				to, an assessment of the impacts of both the loan funded project and the
				overall project planning on rare and endangered species, historic and cultural
				resources, prime agricultural land, air and water quality, recreational areas,
				wetlands, floodplains, and other sensitive environmental areas. The review
				shall also assess the direct and indirect impacts of construction and ensure
				that all reasonable measures have been taken in the planning to avoid and
				mitigate negative environmental impacts.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart C - LOAN APPLICATION PROCESS › Section 663.340 - Project Priority List

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall not provide financial assistance from the Fund under this Part to
				projects that are not on the Agency's Project Priority List.
b) The Agency shall develop a Project
				Priority List for each fiscal year beginning on July 1. Only loan applicants
				who have submitted a Funding Nomination Form will be placed on the Project
				Priority List. Loan applicants who have received project planning approval
				pursuant to Sections 663.320 and
				663.330 before March 31 of the
				previous fiscal year will be scored, ranked and placed on the project priority
				list according to Section
				663.345. Loan applicants who
				have not received project planning approval before March 31 of the previous
				fiscal year will be placed at the bottom of the Project Priority List in
				alphabetical order.
c) The Agency
				shall publish the Project Priority List in the Intended Use Plan.
d) Intended Funding List
1) The Agency shall identify the Intended
				Funding List in the Intended Use Plan. The Intended Funding List is comprised
				of the highest-ranking projects on the Project Priority List that have been
				scored and ranked pursuant to subsection (b) and are scheduled to initiate
				construction prior to March 31 of the current fiscal year. The total costs of
				all projects on the Intended Funding List shall not exceed the total amount of
				funds available.
2) Projects on the
				Intended Funding List are afforded priority of resources, including, but not
				limited to, preference in securing a loan as soon as the necessary programmatic
				and financial steps are completed.
3) Projects on the Intended Funding List are
				not guaranteed funding or principal forgiveness.
4) Projects not on the Intended Funding List
				may receive funding in advance of those projects identified in the Intended
				Funding List according to the process set forth in subsection (e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart C - LOAN APPLICATION PROCESS › Section 663.345 - Loan Priority Score

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Projects will be scored and ranked for inclusion on the Project Priority List
				using the loan priority score methodology set forth in this Section.
b) The Agency will calculate the loan
				priority score by totaling the points awarded in subsections (g) through
				(n).
c) The scoring will be based
				on the information from the most recent American Community Survey 5-year
				estimate from the US Department of Commerce, Bureau of the Census.
d) Applicants with a higher loan priority
				score will be ranked above applicants with a lower loan priority score on the
				Project Priority List.
e) Only
				projects that have a submitted a Funding Nomination Form and have a Project
				Plan approved by the Agency will be scored pursuant to this Section.
f) The applicant will identify the census
				tract or tracts of the project area from the U.S. Department of Commerce,
				Bureau of Census. If more than one census tract is identified for the project
				area, the percentile rank of each scoring metric identified in subsections (g)
				through (m) below will be determined for each census tract within the project
				area. The average of the percentile ranks for the identified census tracts will
				be calculated and used as the percentile rank for the project area to determine
				the appropriate points awarded in subsections (g) through (m) below.
g) Median Household Income (MHI):
1) A maximum of 100 points may be awarded
				under this subsection (g).
2) The
				following points will be awarded based on the percentile rank of the MHI of the
				applicant's project area among all census tracts within the State:
Points
MHI Percentile
							 Rank
100
Project Area Ranks at or below the
							 5th Percentile of State MHI
90
Project Area Ranks above the
							 5th Percentile and at or below the
							 10th Percentile
80
Project Area Ranks above the
							 10th Percentile and at or below the
							 20th Percentile
70
Project Area Ranks above the
							 20th Percentile and at or below the
							 30th Percentile
60
Project Area Ranks above the
							 30th Percentile and at or below the
							 40th Percentile
40
Project Area Ranks above the
							 40th Percentile and at or below the
							 50th Percentile
20
Project Area Ranks above the
							 50th Percentile and at or below the
							 60th Percentile
10
Project Area Ranks above the
							 60th Percentile and at or below the
							 70th Percentile
5
Project Area Ranks above the
							 70th Percentile and at or below the
							 80th Percentile
0
Project Area Ranks Above the
							 80th Percentile of State MHI
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart C - LOAN APPLICATION PROCESS › Section 663.355 - Letter of Commitment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Anytime during the fiscal year, the Agency may issue a letter of commitment
				reserving funds for a project, provided funds are available, if the following
				conditions have been met:
1) The project is on
				the Project Priority List;
2) The
				project is not on the Intended Funding List;
3) the Agency has approved the loan
				applicant's Project Plan pursuant to Sections
				663.320 and
				663.330; and
4) the Agency has approved the documents
				submitted pursuant to Section
				663.350(a) through
				(d).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.410 - Loan Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may, subject to the availability of funds, issue a
				  loan agreement authorizing the initiation of construction of a project or
				  activity listed in Section
				  663.140 when:
a) the loan applicant submitted a Funding
				Nomination Form and the project is on the Project Priority List;
b) the Agency has approved the loan
				applicant's Project Plan pursuant to Sections
				663.320 and
				663.330; and
c) the documents required by Section
				663.350 have been submitted and
				approved by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.420 - Post-Loan Issuance Construction Contract Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan recipient shall provide
				construction engineering and project monitoring to assure that the construction
				substantially conforms to the approved plans and specifications.
b) The following procedures shall apply to
				construction contracts awarded by loan recipients for the construction phase
				only. They shall not apply to personal and professional service contracts.
1) Executed Contract. For each construction
				contract awarded, the loan recipient shall submit an executed contract,
				performance, and payment bond for the bid amount, certificate of insurance with
				the loan recipient added as additional insured, and the notice to
				proceed.
2) Change Orders
A) When the loan recipient authorizes the
				contractor to add, delete, or revise the work within the general scope of the
				contract documents, or authorizes an adjustment in the contract price or
				contract time, the loan recipient shall submit a change order to the
				Agency.
B) For each change order,
				the loan recipient shall submit to the Agency for approval the following
				documentation:
i) one copy of the fully
				executed change order signed by the loan recipient, construction engineer, and
				the contractor; and
ii) a
				description of any changes, with justification for the changes.
C) Prior approval by the Agency of
				a change order is required when a change order results in an increase in the
				amount of loan funds needed to complete the project.
D) Failure to give timely notice of proposed
				project changes or action by the loan recipient that is not consistent with the
				Agency's determination on those changes may result in disallowance of loan
				participation for costs incurred that are attributable to the change.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.430 - Loan Eligible Costs

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall be paid, upon request, in accordance
				  with Section 663.440, for all costs within
				  the scope of the approved project, not to exceed the total amount of the loan,
				  and that are determined to be eligible in accordance with the following
				  criteria:
a) Eligible project costs
				include all reasonable and necessary costs directly attributable to the
				project's planning, design, or construction that are not otherwise excluded by
				this Part. Categories of necessary costs include, but are not limited to, the
				following:
1) The direct purchase of
				materials, equipment, and personal services not under the approved construction
				contract necessary for the completion of a loan funded project;
2) Professional and consultant services
				contracts necessary for planning, design, bidding, and construction of a loan
				funded project, except as elsewhere limited by this Part;
3) Costs under approved construction
				contracts;
4) Costs under a
				construction contract executed prior to the award of the loan agreement only
				when the loan applicant has received written approval from the Agency prior to
				the award of the construction contract; and
5) Costs associated with activities described
				in Appendix A.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.440 - Disbursement and Use of Loan Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before the Agency will disburse loan
				funds, the loan recipient shall submit the following:
1) A complete payment request based on costs
				incurred that are due and payable, as evidenced by invoices; and
2) A certification that the contractor is
				paying prevailing wages in accordance with the Davis-Bacon Act (40 U.S.C.
				3141 through
				3148), as defined by the US
				Department of Labor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.450 - Initiation of Loan Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
Loan repayment to the Agency shall be in accordance with the
				  loan repayment provisions contained in the loan agreement.
a) Loan repayments shall commence not later
				than 6 months after the initiation of the loan repayment period and shall be
				due semiannually unless the Agency determines that the dedicated source of
				revenue justifies an alternative repayment plan.
b) After the initiation of the loan repayment
				period date in the loan agreement, the Agency shall set a principal amount and
				give the loan recipient an interim repayment schedule.
c) The final repayment schedule shall be
				established as set forth in Section
				663.460(b).