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30 ILCS 405/ Anti-Pollution Bond Act.

(30 ILCS 405/1) (from Ch. 127, par. 451)     Sec. 1.     This Act shall be known and may be cited as the "Anti‑Pollution Bond Act". (Source: P. A. 76‑2460.)

(30 ILCS 405/2) (from Ch. 127, par. 452)     Sec. 2. The State of Illinois is authorized to issue and sell and provide for the retirement of bonds of the State of Illinois to the amount of $599,000,000 for the purpose of providing funds for use in this State for the protection of the environment through the control of water pollution. (Source: P.A. 83‑1490.)

(30 ILCS 405/3) (from Ch. 127, par. 453)     Sec. 3. The issuance, sale and retirement of bonds authorized by this Act shall be under the general supervision and control of the Environmental Protection Agency, hereinafter called the "Agency", created by the "Environmental Protection Act", enacted by the 76th General Assembly.     The bonds shall bear interest payable annually or semi‑annually, from their date, at the rate of not more than 7% per annum. The bonds shall be serial bonds and be dated, issued and sold from time to time in such amounts as may be necessary to provide funds for the protection of environment within this State as provided by Section 4 of this Act. Each bond shall be in the denomination of $1,000 or some multiple thereof, and shall be made payable within 25 years from its date. These bonds shall be signed by the Governor and attested by the Secretary of State under the seal of the State and countersigned by the State Treasurer or by his duly authorized deputy. The signatures of the Governor and the Secretary of State may be lithographed facsimile signatures. Interest coupons with lithographed facsimile signatures of the Governor, Secretary of State and State Treasurer may be attached to the bonds. The fact that an officer whose signature or facsimile thereof appears on a bond or interest coupon no longer holds such office at the time the bond or coupon is delivered shall not invalidate such bond or interest coupon.     Pending the preparation and execution of any such bonds, temporary bonds may be issued with or without interest coupons. The bonds shall be sold to the highest and best bidders, for not less than their par value, upon sealed bids. The Agency shall, from time to time as the bonds are to be sold, advertise in at least 2 daily newspapers, one of which is published in the City of Springfield and one in the City of Chicago, for proposals to purchase the bonds. Each of such advertisements for proposals shall be published at least 10 days prior to the date of the opening of the bids. The Agency may reserve the right to reject any and all bids. The bonds may be made registerable as to principal with the State Treasurer. The bonds shall be deposited with the State Treasurer, and when sold the proceeds of the bonds shall be paid into the State Treasury and kept in a separate fund which shall be known as the Anti‑Pollution Fund, which separate fund is hereby created. (Source: P.A. 79‑1.)

(30 ILCS 405/4) (from Ch. 127, par. 454)     Sec. 4. (a) The proceeds from the sale of bonds issued pursuant to this Act shall be used by and under the direction of the Environmental Protection Agency, or any successor agency, subject to appropriation by the General Assembly, in such amounts, at such times and for such purpose as the Agency deems necessary or desirable for the planning, financing and construction of municipal sewage treatment works and solid waste disposal facilities.     (b) Subject to paragraph (a) the proceeds of the sale of such bonds shall be used for the rehabilitation and replacement of a structurally unsound interceptor sewer which presents an imminent health hazard, and emergency action is necessary to restore the integrity of the sewer in order to preserve the public health and safety. In determining whether to use the proceeds from the sale of bonds as provided in this paragraph, the Environmental Protection Agency shall assure that the sewer replacement project meets the following requirements:     (1) The sewer facility should have exceeded its useful life, defined as:     (i) 50 years ‑ for wastewater conveyance structure.     (ii) 30‑50 years ‑ for other structures (treatment plant related).     (iii) 15‑20 years ‑ for process equipment.     (iv) 10‑15 years ‑ for auxiliary equipment.     (2) The sewer facility is a primary intercepting or outfall sewer necessary to the integrity and performance of the wastewater disposal system serving the community.     (3) The sewer facility requires major rehabilitation or replacement to maintain its integrity and performance.     (4) The sewer serves the wastewater disposal needs of a significant portion of at least 2 separate units of local government or political jurisdictions.     (5) The sewer serves an area in excess of 2,000 acres and supports a population of not less than 15,000 people.     (6) The majority of the sewer's length underlies a state or federal highway and threatens the use of such highway.     (7) The sewer's collapse would threaten the safety and well‑being of both the residential and transient population of the community.     (8) A sewer system evaluation survey has been completed which identifies the major rehabilitation need associated with the sewer facility. (Source: P.A. 82‑383.)

(30 ILCS 405/4a) (from Ch. 127, par. 454a)     Sec. 4a. (Repealed). (Source: P.A. 81‑1111. Repealed by P.A. 92‑790, eff. 8‑6‑02.)

(30 ILCS 405/5) (from Ch. 127, par. 455)     Sec. 5.     The State Treasurer may, with the approval of the Governor, invest and reinvest, at the existing market price and in any event not to exceed 102% of par plus accrued interest, any money in the Anti‑Pollution Fund in the State treasury which, in the opinion of the Governor communicated in writing to the State Treasurer, is not needed for current expenditures due or about to become due from such fund, in direct and general obligations of the United States Government. The cost price of all such obligations shall be considered as cash in the custody of the State Treasurer, and such obligations shall be conveyed at cost price as cash by the State Treasurer to his successor. The money in the Anti‑Pollution Fund in the form of such obligations shall be set up by the State Treasurer as a separate account of such fund and shown distinctly in every report issued by him regarding fund balances.     All earnings accruing upon any such investment shall be paid into the Anti‑Pollution Bond Retirement and Interest Fund. All of the moneys received from the sale or redemption of such investments shall be replaced in the Anti‑Pollution Fund. (Source: P. A. 76‑2460.)

(30 ILCS 405/6) (from Ch. 127, par. 456)     Sec. 6.     To the extent that funds are available in the General Revenue Fund of the State, the General Assembly is authorized to direct the transfer, from time to time from the General Revenue Fund to the Anti‑Pollution Bond Retirement and Interest Fund which separate fund in the State treasury is hereby created which when added to money received by such fund from other sources will be sufficient to pay the principal of and interest on the bonds provided for by this Act, as the same become due, and to the extent such transfer of funds is authorized by the General Assembly for that purpose, the taxes levied for the payment of the principal of and interest on such bonds as provided by Section 7 of this Act shall be abated. (Source: P.A. 76‑2460.)

(30 ILCS 405/7) (from Ch. 127, par. 457)     Sec. 7.     Each year, after this Act becomes fully operative, and until all of the bonds issued as herein provided have been retired, there is levied a direct annual tax upon all real and personal property in this State subject to taxation for such amount as shall be necessary and sufficient to pay the interest, as it shall accrue, on all bonds issued under this Act and also to pay and discharge the principal of such bonds at par value, as such bonds fall due; and the amounts of such direct annual tax shall be appropriated for that specific purpose.     The proceeds of this tax shall be paid into the Anti‑Pollution Bond Retirement and Interest Fund in the State treasury.     The required rate of direct annual tax shall be fixed each year by the officers charged by law with fixing the rate for State taxes on the valuation of real and personal property in this State subject to taxation in accordance with the provisions of the statutes in such cases. If, however, money has been transferred from the General Revenue Fund to the Anti‑Pollution Bond Retirement and Interest Fund for the same purpose for which this direct annual tax is levied and imposed, such officers shall in fixing the rate of the direct annual tax make proper allowance in the amount of money so transferred and funds received from other sources in reduction of the tax levied under this Section, and the tax levied under this Section shall be abated in that amount. (Source: P. A. 76‑2460.)

(30 ILCS 405/8) (from Ch. 127, par. 458)     Sec. 8. The proposition of whether this Act shall take effect, a debt of $750,000,000 be contracted, bonds be issued to that amount and the principal of such bonds be paid within 25 years of their date and the interest thereon be paid as it accrues by levying and imposing a direct annual tax and by authorizing the General Assembly to transfer money in the General Revenue Fund to the Anti‑Pollution Bond Retirement and Interest Fund therefor, shall be submitted to the People of the State of Illinois at the general election to be held on Tuesday next after the first Monday of November, 1970, on a ballot to be substantially in the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑     Shall the Anti‑Pollution Bond Act enacted by the 76th General Assembly, become effective and the State of Illinois contract a debt of $750,000,000 and issue bonds to that amount as provided in such Act, for the purpose of planning, financing and constructing of municipal sewage treatment works                YES and solid waste disposal facilities, and to the extent that funds are available in the General Revenue Fund of the State shall the General Assembly be authorized to direct the transfer of funds from time to time from that Fund to the Anti‑Pollution      ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Bond Retirement and Interest Fund sufficient to pay the principal of and interest on the bonds provided for by that Act, and to the extent that said funds are insufficient to pay the interest and discharge the principal of such bonds, shall the State of Illinois levy annually a direct tax             NO sufficient to pay the interest on and discharge said principal with the appropriate officers fixing the rate of that direct annual tax, making proper allowance for the amount of money so transferred in reduction of the taxes to be levied and abate such tax in that amount? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑     Such ballot shall be separate from all others used at such election, and shall be printed on paper that is white in color.     Notice of the submission of the proposition shall be given by the various county clerks, the ballots canvassed and returned, abstracts of the vote made and submitted, the votes canvassed and declaration of the result made in the same manner as is provided by Sections 3, 5, 6 and 7 of "An Act to provide the manner of proposing amendments to the constitution, and submitting the same to the electors of this State", approved March 14, 1877, as amended, in case of the submission of a proposed constitutional amendment. (Source: P.A. 76‑2460.)

(30 ILCS 405/9) (from Ch. 127, par. 459)     Sec. 9.     The Secretary of State shall cause publication of this Act to be made, once each week, for 3 months at least before the vote of the people is taken on this Act, in at least 2 daily newspapers, one of which shall be published in the City of Springfield and the other in the City of Chicago. The Secretary of State may make additional publications in other counties as in the case of a constitutional amendment. (Source: P. A. 76‑2460.)

(30 ILCS 405/10) (from Ch. 127, par. 460)     Sec. 10.     If any section, sentence or clause of this Act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. (Source: P. A. 76‑2460.)

(30 ILCS 405/11) (from Ch. 127, par. 461)     Sec. 11. This Act shall go into full force and effect upon receiving at the general election at which it is submitted the majority of votes required by the Constitution. The provisions of this Act for the payment of the principal of such bonds at maturity and of the interest thereon annually or semi‑annually, as it shall accrue, by authorizing the General Assembly to direct the transfer of funds in the General Revenue Fund to the Anti‑Pollution Bond Retirement and Interest Fund for that purpose and by the direct annual tax upon real and personal property which has been levied and imposed herein for that purpose, shall be irrepealable until such debt and interest is paid in full, and for the making of such payments the full faith and credit of the State of Illinois is hereby pledged. (Source: P.A. 81‑1489.)

(30 ILCS 405/11.1) (from Ch. 127, par. 462)     Sec. 11.1. After December 1, 1984 no additional bonds shall be issued or sold pursuant to this Act; instead all State of Illinois general obligation bonds shall be issued and sold pursuant to the "General Obligation Bond Act." (Source: P.A. 83‑1490.)

(30 ILCS 405/13) (from Ch. 127, par. 463)     Sec. 13.     The "Pure Waters Development Act", approved August 14, 1967; the "Resource Development Bond Act", approved August 14, 1967; "An Act creating the Pure Waters Board and defining its powers and duties", approved August 14, 1967, and the "Natural Resources Development Bond Act", approved July 30, 1968, are repealed. (Source: P. A. 76‑2460.)