14 Ill. Adm. Code 610.300
Cooperative Agreements with State Intermediaries
Section 610
Section 610.300 Cooperative
Agreements with State Intermediaries
a)
The Department is authorized to enter into cooperative
agreements with other State government public infrastructure financing entities
for the purpose of reliance upon their application, credit review, security,
and loan closing procedures for individual small project loans.
[30 ILCS
750/8-10(b)] Small Project Affordable Financing of Public Infrastructure loans
may be provided under the following conditions:
1)
As the sole financing source when the Department has
determined that no other affordable financing source is available for projects
that are necessary to local community health, safety and economic
development; or
2)
As partial project financing in satisfaction of other
financing source match requirements, to finance feasibility study and other
project development costs necessary to accessing other financing, and to
otherwise service financing gaps necessary to project feasibility.
[30 ILCS
750/8-10(b)]
b) The State governmental public infrastructure financing
intermediaries with which the Department may enter into interagency agreements
are the State executive agencies including the Illinois Environmental
Protection Agency and the Illinois Department of Public Health and any body
politic created under State statute including the Illinois Rural Bond Bank and
the Illinois Development Finance Authority.
c) The governmental public infrastructure financing
intermediaries may use the funds provided by the Department to provide small
project loans which may not exceed $100,000 in principal amount. The repayment
period for small project loans shall not exceed 10 years. The small project
loans may be provided to local governments, local public entities, medical
facilities and public health clinics for the purpose of making affordable the
financing of "Public Infrastructure" as defined by 30 ILCS 750/8-2.
d) The cooperative agreements between the Department and the
intermediaries shall contain a section that specifies the eligible uses,
qualified applicants and responsibilities in implementing the infrastructure
assistance funds by each intermediary. The cooperative agreements between the
Department and the intermediaries may be modified or supplemented by written
agreement of both parties. The agreements may be terminated by either party
with 30 days written notice.
e) Repayments of principal and interest on loans made by the
intermediaries from the infrastructure assistance funds provided by the
Department to qualified applicants and any funds collected due to default or
failure to comply with the terms or conditions of a loan made under this
program and any excess loss reserve funds (any funds not utilized by the
trustee for payment of realized losses, fees and other costs in administering
the loss reserve trust fund) shall be paid into the Public Infrastructure
Construction Loan Revolving Fund.
f) If applicable, the intermediaries may charge qualified loan
applicants reasonable and customary fees.
g) The intermediaries shall develop a set of operating procedures
and documents which will be provided to the Department before funds are to be
made available to the intermediaries. The operating procedures, at a minimum,
shall contain the following:
1) Certification by the intermediary that the proposed project
meets the requirements of the Affordable Financing of Public Infrastructure
Act.
2) Documentation of sufficiency of tax or revenue source to
service debt. A financial feasibility report from an independent accountant or
analyst should be provided.
3) Procedure for disbursement of funds to the grantee.
h) The documents, at a minimum, shall contain the following:
1) A preliminary and/or final application, including necessary
financial information.
2) Applicable closing documents, i.e., loan agreements, debt
authorization ordinance and security agreement, including intercept agreement
as appropriate.
i) The intermediaries receiving funds from the Department shall
submit quarterly progress reports to the Department in the manner prescribed by
the Department.