reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart C - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE › Section 661.301 - General Conditions for all Subagreements

Current through Register Vol. 48, No. 28, July 12, 2024
The following conditions shall apply to all subagreements
				  entered into between the grantee and any other party and any tier of agreement
				  thereunder for the furnishing of services, supplies, or equipment necessary to
				  complete the project for which the grant is awarded, including contracts and
				  subcontracts for personal and professional services, and for construction and
				  purchase orders.
a) Local preference
Local laws, ordinances, regulations or procedures which are
				  designed to or operate to give local or in-state bidders or proposers
				  preference over other bidders or proposers shall not be employed in evaluating
				  bids or proposals for subagreements under a grant.
b) Competition
It is the policy of the Agency to encourage free and open
				  competition appropriate to the type of project work to be performed.
c) Profits
1) Only fair and reasonable profits may be
				earned by contractors in subagreements under Agency grants.
2) Profit included in a formally advertised,
				competitively bid, fixed price construction contract awarded pursuant to
				Section
				661.302
				is presumed to be reasonable.
3)
				For determining a fair and reasonable profit for negotiated subagreements, the
				factors to be considered shall include material acquisition, labor costs,
				associated management costs, contract risks, capital investments, degree of
				independent development, and cost control and recordkeeping efforts. The
				determination of a fair and reasonable profit for negotiated contracts or
				agreements shall not be based solely upon the application of a predetermined
				percentage factor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart C - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE › Section 661.302 - Construction Contracts of Grantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section shall apply to construction
				contracts (subagreements) awarded by the grantee.
b) The project work shall be performed under
				one or more contracts awarded by the grantee to private firms, except for force
				account work authorized by the Agency under Section
				661.301(i).
c) Each contract shall be either a
				fixed-price (lump-sum) contract or fixed-rate (unit price) contract, or a
				combination of the two, unless the Agency gives advance written approval (based
				upon the Agency's professional judgment as defined in Section
				661.102(b)
				) for the grantee to use some other acceptable type of contract (such as, but
				not limited to, per diem contracts as discussed under Section
				661.303(b)(5)
				). The cost-plus-a-percentage-of-cost type of contract shall not be
				used.
d) For each construction
				contract to be awarded by the grantee, the grantee shall require a:
1) Bid bond for 5% of the bid
				price;
2) Performance bond for 100%
				of the contract price; and
3)
				Payment bond for 100% of the contract price.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart C - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE › Section 661.304 - Equal Opportunity

Current through Register Vol. 48, No. 28, July 12, 2024
In each contract relating to the project, the grantee and
				  each subcontractor shall include the Equal Employment Opportunity Clause set
				  forth in 44 Ill. Adm. Code 750.Appendix A.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart C - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE › Section 661.306 - Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only the grantee
				may appeal to the Agency under this provision with respect to its subagreements
				for its own name and benefit. Neither a contractor nor a subcontractor of a
				grantee may prosecute an appeal under the disputes provision of a grant in its
				own name or interest.
b) Any
				dispute arising under this grant that is not disposed of by agreement shall be
				decided by the Director or the Director's duly authorized representative, who
				shall reduce his or her decision to writing and mail or otherwise furnish a
				copy to the applicant. The decision of the Director shall be based upon the
				application of State law and this Part to the fact presented by the Agency and
				the grantee. The decision of the Director shall be final and
				conclusive.
c) This Section does
				not preclude consideration of questions of law in connection with decisions
				provided for in subsection (b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart C - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE › Section 661.307 - Indemnity

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee shall assume the entire risk, responsibility and
				  liability for any and all loss or damage to property owned by the grantee, the
				  Agency or third persons, and any injury to or death of any persons (including
				  employees of the grantee) caused by, arising out of, or occurring in connection
				  with the execution of any work, contract or subcontract arising out of this
				  grant, and the grantee shall indemnify, hold harmless and defend the State of
				  Illinois and the Agency from all claims for any 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 the
				  Construction Contract Indemnification for Negligence Act [ 740 ILCS 35 ]. The
				  grantee shall require that any and all contractors or subcontractors engaged by
				  the grantee shall agree in writing that they shall look solely to the grantee
				  for performance of the contract or satisfaction of any and all claims arising
				  under the contract.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.401 - Project Initiation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				obligation of the State of Illinois and the Agency to make any payment of grant
				funds shall terminate absolutely unless the project is initiated no later than
				one calendar year from the date of acceptance by the grantee of the project
				grant offer.
b) A project shall be
				deemed to have been initiated on the issuance of an authorization to award a
				construction contract, or, if authorization is not required, execution of the
				construction contract.
c) In
				accordance with Section
				661.302(e)(8)(B),
				the Agency must review and approve the bidding information submitted by the
				grantee prior to initiation of construction.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.402 - Project Changes

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior approval by the Agency, based upon the Agency's professional judgment as
				defined in Section
				661.102(b),
				is required for project changes which:
1)
				Increase the amount of State funds needed to complete the project, except that
				no change will be approved which either exceeds the grant offered or which
				exceeds the limitation provided for approvable contingencies;
2) Alter the design or scope of the
				project;
3) Alter the type of
				treatment to be provided;
4) Extend
				any contractual or grant completion date for the project; or
5) Substantially alter the location, size,
				capacity or quality of any major item of equipment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.403 - Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee will provide and maintain engineering supervision
				  and inspection of the project to ensure that the construction conforms with the
				  approved plans and specifications for any project involving
				  construction.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.404 - Project Sign

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee shall erect and display at the project site a
				  sign acknowledging the source of funds for the project. The sign, in form and
				  style to be furnished by the Agency, shall be erected at the start of
				  construction at a location for public viewing and shall be maintained until the
				  project is completed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.405 - Final Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must notify the Agency of the completion of project construction. The
				Agency shall cause final inspection to be made within 60 days of the receipt of
				the notice provided that the grantee has full complied with the following
				sections;
1) Section
				661.402 (Project
				changes);
2) Section
				661.406
				(Operation and Maintenance); and
3)
				Section
				661.407
				(User Charges)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.406 - Operation and Maintenance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee shall provide economic, effective, and efficient operation and
				maintenance of all grant funded treatment, storage, and transmission
				facilities. The Agency's approval shall be based upon the Agency's professional
				judgment as defined in Section
				661.102(b).
b) The Agency shall not pay more than 90% of
				the State share of any project unless the applicant has certified that the
				following training and documents have been provided for the operation and
				maintenance of the equipment and process units included in the project:
1) Training by the manufacturer or the
				grantee's consulting engineer pertaining to the proper operation and
				maintenance of the equipment and process units included in the project;
				and
2) An operation and maintenance
				reference library which includes, but is not limited to approved shop drawings,
				manufacturers literature, and warranties as well as a maintenance schedule for
				the equipment and process units included in the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.407 - User Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each applicant must develop a system of user charges prior to grant approval.
				The system of user charges must be enacted and enforced prior to initiation of
				operation of the project for which the grant was awarded.
b) The user charge system shall be consistent
				with the following criteria:
1) The user
				charge system must generate sufficient revenue to offset the cost of all public
				water supply operation, maintenance and replacement of all equipment with a
				replacement life of less than 20 years required to be provided by the
				grantee.
2) The user charge system
				must be enacted into law.
3) For
				the first year of operation of new facilities, operation, maintenance and
				replacement costs shall be based upon experience for the existing public water
				supply or shall be based upon a cost estimate provided by the grantee's
				engineer.
4) The grantee shall
				review user charges annually and revise the rates periodically to reflect
				actual public water supply operation, maintenance and replacement
				costs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 661.408 - Flood Plain Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the project includes insurable structures which will be located within a
				designated flood plan area (Zone A on the Federal Emergency Management Agency
				(FEMA) Flood Hazardous Maps) the grantee must furnish written evidence that it
				is participating in the National Flood Insurance Program or the construction
				areas have been given official exclusion from the flood insurance requirements
				by FEMA.
b) The grantee (or
				construction contractor, as appropriate) shall acquire any flood insurance made
				available to it under the National Flood Insurance Act of 1968, as amended, and
				maintain such insurance for the entire useful life of the insurable
				structures.
c) The amount of
				insurance required is the total project cost, excluding facilities which are
				uninsurable under the National Flood Insurance Program (such as bridges, dams,
				water and sewer lines, and underground structures), or the maximum limit of
				coverage made available to the grantee under the National Flood Insurance Act
				of 1968 (
				42 USCS Section
				4001 et seq., as amended) whichever is
				less.
d) The required insurance
				premium for the period of construction is an allowable project cost.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart E - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 661.501 - Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency and
				any persons designated by the Agency shall have access to the premises where
				any portion of the project for which the grant was awarded is being performed.
				Subsequent to cessation of grant support, Agency personnel or any authorized
				representative shall have access to the project records as described in Section
				661.502 and to
				the project site, to the full extent of the grantee's right to access, during
				normal business hours.
b) Any
				contract entered into by the grantee for work and any subagreement thereunder,
				shall provide that representatives of the Agency will have access to the work
				as described in subsection (a) and that the contractor or subcontractor will
				provide proper facilities for such access and inspection. Such contract or
				subagreement must also provide that the Agency or any authorized representative
				shall have access to any books, documents, papers, and records of the
				contractor or subcontractor which are pertinent to the project for the purpose
				of making audit, examination, excerpts, and transcriptions thereof.
c) Any failure by the grantee or any
				contractor or subcontractor of the grantee to provide access, as provided
				herein, after 10 days' written notice from the Agency shall be cause for
				termination of the grant pursuant to Section
				661.203,
				and refund to the State of Illinois of any unexpended grant funds in the hands
				of the grantee, and in addition thereto, refund of any grant funds previously
				expended by the grantee, contractor, or subcontractor found in noncompliance
				with this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart E - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 661.502 - Audit and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee shall maintain books, records, documents, reports and other evidentiary
				material and accounting procedures and practices that conform to GAAP to
				properly account for:
1) The receipt and
				disposition by the grantee of all assistance received for the project,
				including both State assistance and any matching share or cost sharing;
				and
2) 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 grant has been awarded. The
				foregoing constitutes "records" for the purposes of this condition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart F - INCORPORATED REQUIREMENTS › Section 661.602 - Incorporation of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
The declarations, assurances, representatives, and statements
				  made or to be made by the grantee in any of the following documents, which
				  pertain to the project, and all terms and conditions contained in such
				  documents, are hereby incorporated by reference and made a part of the
				  agreements, terms and conditions of this offer:
a) The grant application for the public water
				supply project;
b) Any application
				for a permit under 35 Ill. Adm. Code 602, plus supporting and supplementary
				documents; and
c) Any permit issued
				by the Agency under the Act, plus supporting and supplementary
				documents.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart G - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 661.701 - Determination of Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee will be paid, upon request, in
				accordance with Section
				661.704
				for the State share of all necessary costs within the scope of the approved
				project not to exceed the total grant offer and determined to be allowable in
				accordance with the criteria set forth in this Section.
b) Allowable project costs.
Allocable project costs of the grantee which are reasonable
				  and necessary are allowable. Necessary costs may include, but are not limited
				  to:
1) Costs of salaries, benefits,
				and expendable material incurred by the grantee for the project, except as
				provided in subsection (c)(7);
2)
				Costs under construction contracts;
3) Professional and consultant
				services;
4) Landscaping;
5) Supervision of construction
				work;
6) Removal and relocation or
				replacement of utilities for which the grantee is legally obligated to
				pay;
7) Materials acquired,
				consumed, or expended specifically for the project;
8) An inventory of laboratory chemicals and
				supplies necessary to initiate plant operations;
9) Flood plain insurance; and
10) Project identification signs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart G - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 661.702 - Amount of Grant-Percentage of Approved Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The commitment and obligation of the State
				of Illinois and the Agency to the grantee by this grant for the project is
				limited to and shall not exceed the total amount of the grant. Nothing herein,
				including the provisions of Section
				661.402, shall
				operate to commit or obligate the State of Illinois or the Agency to any
				increase in the total amount of percentage of the grant or of the grant
				offer.
b) The amount of the grant
				shall not exceed the State share of the approved allowable cost of the project
				as set forth in the grant offer and special conditions thereof. In the event
				the actual allowable cost of the project, as determined by the Agency pursuant
				to audit under Subpart E, is less than the estimated allowable cost, such
				actual eligible cost shall be used to determine the amount of the grant and the
				grant shall be reduced as necessary to conform with the limitations hereinabove
				described.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart G - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 661.703 - Use of Grant and Payment of Non-Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grant shall be expended solely for
				approved allowable costs incurred in the design and construction of the
				project.
b) The grantee agrees to
				pay the non-allowable associated with the project and all allowable costs of
				the project which exceed the amount of the grant offer and shall construct the
				project, or cause it to be constructed to final completion in accordance with
				the plans and specifications approved by the Agency for the project.
c) The grantee commits itself to complete the
				construction of the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart G - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 661.705 - Maximum Grant Share

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				total percentage of State grant funding for allowable project costs, as
				described in Section
				661.701,
				is subject to any local match requirements set forth in the Act.
b) If the monies appropriated for the grant
				are from a source other than the Build Illinois Fund or the Build Illinois
				Purposes Fund, and that appropriation expressly states a specific percentage of
				State grant funding for the project, the percentage set forth in the
				appropriation shall be the percentage of grant funding for allowable project
				costs as described in Section 661.701.
c) The State share of project design costs
				shall be an allowance in accordance with the provisions of Appendix C of this
				Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart A - INTRODUCTION › Section 662.105 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth procedures to be used by the Agency to
				  operate the Public Water Supply Loan Program (PWSLP).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart A - INTRODUCTION › Section 662.130 - Projects and Activities Eligible for Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Eligible public water supplies. Funds
				available under the PWSLP and this Part shall only be used for providing
				financial assistance to the following:
1) a
				local government unit; and
2) a
				privately owned community water supply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart A - INTRODUCTION › Section 662.140 - 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 USC
				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 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart A - INTRODUCTION › Section 662.160 - Application Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				order to receive a loan under the PWSLP, loan applicants must apply with the
				Agency using the loan application process outlined in Subpart C. The process
				requires that:
1) the loan applicant submits
				a Funding Nomination Form pursuant to Section
				662.310;
2) the loan applicant submits a Project Plan
				pursuant to Section
				662.320;
3) the project undergoes State environmental
				review under Section
				662.330;
4) the project be placed on the Project
				Priority List pursuant to Section
				662.340;
				and
5) the loan applicant submits
				the following information:
A) a loan
				application as required by Section
				662.350(a);
B) contracts for personal or professional
				services as required by Section
				662.350(b);
C) a construction permit application, if
				necessary, as required by Section
				662.350(c);
D) pre-bidding plans and specifications with
				certification form, as required Section
				662.350(d);
				and
E) bidding evaluation and
				certification forms as required by Section
				662.350(e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart A - INTRODUCTION › Section 662.170 - 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 insure the integrity of the project, will not reduce
				a recipient's ability to repay the loan to the Agency, or 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
				662.210 (Fixed
				Loan Rate);
2) Section
				662.240(Restructuring);
3) Section
				662.320 (Project
				Plan);
4) Section
				662.330
				(State Environmental Review);
5)
				Section
				662.340
				(Project Priority List);
6) Section
				662.350(a)(9)
				(Ability to Repay);
7) Section
				662.460(a)(3)
				(Operation and Maintenance of the Project);
8) Section
				662.470
				(Ongoing Auditing and Monitoring of Financial Capability);
9) Section
				662.620(f)(3)
				(Wage Provisions);
10) Section
				662.620(f)(4)
				(Disadvantaged Business Enterprise Requirements);
11) Section
				662.620(f)(5)
				(Debarment and Suspension Certification);
12) Section
				662.630(a)(1)
				(Disadvantaged Business Enterprise Requirements); and
13) Section
				662.630(a)(4)
				 (Debarment and Suspension
				Certification).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 662.210 - Fixed Loan Rate

Current through Register Vol. 48, No. 28, July 12, 2024
The interest rate of the loan agreement shall be a fixed loan
				  rate and shall be established as follows:
a) Base 30 Year Rate - Loan agreements with a
				repayment period not to exceed 30 years shall have a fixed loan rate equal to
				50% of the market interest rate (mean interest rate of the 20 General
				Obligation Bond Buyer Index, from July 1 through June 30 of the preceding State
				fiscal year rounded to the nearest
				0.01 %).
b) Small Community Rate - A public water
				supply with a service population less than 25,000 that also meets any one of
				the following three criteria qualify for a fixed loan rate equal to 75% of the
				Base 30 Year Rate:
1) The median household
				income of the public water supply's service population is less than the
				statewide average.
2) The
				unemployment rate of the public water supply's service population is greater
				than the statewide average.
3) The
				public water supply's annual user charge, based upon the average monthly bill
				of the public water supply's residential customers, is greater than
				1.0 % of the median household
				income of the public water supply's service population.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 662.220 - Loan Repayment Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsections (b) and (c), 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 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.
c) The Agency may require a loan repayment
				period term of less than the maximum. In evaluating the appropriateness of
				alternative loan terms, the Agency shall consider such factors as the scope of
				the proposed project, the impacts of alternative loan terms on user fees, and
				the overall cost of the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 662.240 - 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
				662.350(a)(9) through
				(a)(14).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 662.250 - 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 Capitalization Grant
				  Agreement. 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
				  Capitalization Grant Agreement, the SDWA, economic conditions, status of the
				  Fund, and other relevant criteria.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 662.260 - 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 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 662.310 - 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 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 662.330 - 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 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 662.340 - Project Priority List

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall not provide financial assistance from the State Water Revolving 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
				662.320 and
				662.330
				before March 31 of the previous fiscal year will be scored, ranked and placed
				on the project priority list according to Section 662.345. 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 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 662.345 - 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 (e) through
				(k).
c) Applicants with a higher
				loan priority score will be ranked above applicants with a lower loan priority
				score on the Project Priority List.
d) 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.
e)
				Compliance and Water Quality
1) A maximum of
				475 points may be awarded under this subsection (e).
2) 150 points will be awarded if the project
				will remedy an acute violation or health hazard, as those terms are defined in
				Section
				662.110.
3) 100 points will be awarded if the project
				will remedy a chronic violation, as defined in Section 662.110.
4) 75 points will be awarded if the project
				is expected to result in the applicant's removal from the Restricted Status
				List established in 35 Ill. Adm. Code
				602.106 or
				Critical Review List established in 35 Ill. Adm. Code
				602.107.
5) 75 points will be awarded if the project
				consolidates two or more community water supplies into a single community water
				supply.
6) 50 points will be
				awarded if the project will replace lead service lines.
7) 25 points will be awarded if the project
				will result in the applicant's compliance with secondary maximum contaminant
				levels as set forth in
				40 CFR
				143.3 (2018).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 662.355 - 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
				662.320 and
				662.330;
				and
4) the Agency has approved the
				documents submitted pursuant to Section
				662.350(a) through
				(d), including the issuance of any necessary
				construction permits.
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 662.410 - 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
				  662.130
				  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
				662.320 and
				662.330;
				and
c) the documents required by
				Section
				662.350
				have been submitted and approved by the Agency.
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 662.420 - 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:
i) alterations in design scope that require a
				modification to a construction permit; or
ii) 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 662 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM › Subpart D - LOAN ISSUANCE, AUDITING AND RECORDKEEPING › Section 662.430 - 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
				  662.440,
				  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
				for premiums for required flood insurance during the project construction
				period;
5) Costs for the
				acquisition of land only if needed for the purposes of locating eligible
				project components. The land must be acquired from a willing seller;
6) Costs for restructuring loan recipients
				that are in significant noncompliance with any national primary drinking water
				regulation or variance or that lack the technical, financial, and managerial
				capability to ensure compliance with the requirements of the SDWA, unless the
				loan recipient is ineligible under Section
				662.130(b)(2)
				or (b)(3); and
7) Costs under a construction contract
				executed prior to the award of the loan agreement only when the following
				conditions apply:
A) The loan applicant has
				received written approval from the Agency prior to the award of the
				construction contract; and
B) The
				project meets the definition of a compliance project in Section
				662.110 or the
				project costs are associated with drilling and testing wells for source water
				quantity and quality.