(a) There is hereby created within the State Treasury a Water Revolving Fund, consisting of 3 interest-bearing special programs to be known as the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program, which shall be used and administered by the Agency.
     (b) The Water Pollution Control Loan Program shall be used and administered by the Agency to provide assistance for the following purposes:
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Terms Used In Illinois Compiled Statutes 415 ILCS 5/19.3

  • Agency: means the Illinois Environmental Protection Agency. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • Construction: means any one or more of the following which is undertaken for a public purpose: preliminary planning to determine the feasibility of the treatment works or public water supply, engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or public water supplies, or the inspection or supervision of any of the foregoing items. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fund: means the Water Revolving Fund created pursuant to this Title, consisting of the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • Intended use plan: means a plan which includes a description of the short and long term goals and objectives of the Water Pollution Control Loan Program and the Public Water Supply Loan Program, project categories, discharge requirements, terms of financial assistance and the loan applicants to be served. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • Loan: means a loan made from the Water Pollution Control Loan Program or the Public Water Supply Loan Program to an eligible applicant as a result of a contractual agreement between the Agency and such applicant. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • Local government unit: means a county, municipality, township, municipal or county sewerage or utility authority, sanitary district, public water district, improvement authority or any other political subdivision whose primary purpose is to construct, operate and maintain wastewater treatment facilities, including storm water treatment systems, or public water supply facilities or both. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Privately owned community water supply: means :
             (1) an investor-owned water utility, if under
    
Illinois Commerce Commission regulation and operating as a separate and distinct water utility;
        (2) a not-for-profit water corporation, if operating
    
specifically as a water utility; and
        (3) a mutually owned or cooperatively owned community
    
water system, if operating as a separate water utility. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Treatment works: means treatment works, as defined in Section 212 of the Federal Water Pollution Control Act, including, but not limited to, the following: any devices and systems owned by a local government unit and used in the storage, treatment, recycling, and reclamation of sewerage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; any works, including site acquisition of the land that will be an integral part of the treatment process for wastewater facilities; and any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems as those terms are defined in the Federal Water Pollution Control Act. See Illinois Compiled Statutes 415 ILCS 5/19.2
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

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