093_HB2485ham001











                                     LRB093 08473 BDD 12565 a

 1                    AMENDMENT TO HOUSE BILL 2485

 2        AMENDMENT NO.     .  Amend House Bill 2485  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Illinois Farmland Protection Act.

 6        Section 5.  Statement of legislative intent.  It  is  the
 7    policy of the State, as declared in the Farmland Preservation
 8    Act  (505  ILCS  75/) to conserve, protect, and encourage the
 9    development and improvement of its agricultural lands for the
10    production of food, fiber, and other  agricultural  products.
11    It  is  also the policy of this State to conserve and protect
12    agricultural  lands  as   valued   natural   and   ecological
13    resources, which provide needed open spaces for clean air and
14    water sheds as well as for aesthetic purposes.
15        Agriculture  in  many  parts of Illinois is under intense
16    development  pressure  from  expanding  metropolitan   areas.
17    Approximately  4,000,000 acres of land in farms was converted
18    to other land uses between 1950 and 2001. This pressure takes
19    the form  of  scattered  development  in  wide  belts  around
20    urbanizing  areas,  which create land uses that conflict with
21    the management of  agricultural  operations.  When  scattered
22    development  extends  into  agricultural  areas,  land prices
 
                            -2-      LRB093 08473 BDD 12565 a
 1    begin to rise, making it  difficult  for  existing  farms  to
 2    expand their operations and new farms to begin operation.
 3        Certain agricultural lands in urbanizing areas constitute
 4    prime  and  soil  resources  of  local,  State,  and national
 5    importance. It is the purpose of this Act  to  provide  local
 6    government  with  a  means by which farmland may be protected
 7    and by which agricultural communities may be enhanced  so  as
 8    to remain a viable segment of this State's economy.
 9        It is further the purpose of this Act to:
10             (1)  Encourage   landowners   to  make  a  long-term
11        commitment to  agriculture  by  offering  them  financial
12        incentives and security of land use.
13             (2)  Protect    farming    operations   in   locally
14        designated areas from  incompatible  non-farm  land  uses
15        that may render agricultural production impracticable.
16             (3)  Ensure the permanent conservation of productive
17        agricultural  lands,  through  the  use  of  Agricultural
18        Conservation  Easements  under the Illinois Real Property
19        Conservation Rights Act  (765  ILCS  120/)  in  order  to
20        protect and enhance the economy of the State.
21             (4)  Provide  compensation to landowners in exchange
22        for the relinquishment of  the  right  to  develop  their
23        private property.
24             (5)  Create  an  Illinois  Farmland  Protection Fund
25        Program to assist units of local  government  in  funding
26        farmland  protection plans and obtaining matching federal
27        Farmland and Ranch Protection  Program  funding  for  the
28        purchase of Agricultural Conservation Easements.
29             (6)  This  Act  does  not  replace  or supersede any
30        existing local farmland protection program enacted  prior
31        to the passing of this Act.

32        Section 10.  Definitions. As used in this Act, unless the
33    context  otherwise  requires,  the  terms  specified  in this
 
                            -3-      LRB093 08473 BDD 12565 a
 1    Section have the following meaning ascribed to them:
 2        "Act" means Illinois Farmland Protection Act.
 3        "Agricultural area" means an area of not  less  than  350
 4    acres  of viable farmland in accordance with the Agricultural
 5    Areas Conservation and Protection Act (505 ILCS 5/).
 6        "Agricultural conservation easement" means an interest in
 7    land, less than fee simple,  that  represents  the  right  to
 8    prevent  the  development  or improvement of the land for any
 9    purpose other than agricultural production. The owner of  the
10    farmland  may grant the easement to any third party or to the
11    State, to a non-governmental  organization,  or  to  a  local
12    government.
13        "Agricultural   production"   means  the  production  for
14    commercial purposes of crops, livestock,  and  livestock  and
15    aquatic  products,  but not land or portions thereof used for
16    the processing of these  crops,  livestock  or  livestock  or
17    aquatic products.
18        "Board" means a county or township board or the corporate
19    authorities of a municipality.
20        "Crops,  livestock,  and  livestock and aquatic products"
21    include, but are not limited to, the following: legumes; hay;
22    grain;  fruit;  truck  or  vegetable   crops;   floriculture;
23    horticulture;    mushroom   growing;   nurseries;   orchards;
24    forestry; greenhouses and aquatic products as defined in  the
25    Aquaculture Development Act; the keeping, raising and feeding
26    of  livestock or poultry, including dairying, poultry, swine,
27    sheep, beef  cattle,  pony  and  horse  production;  fur  and
28    wildlife  farms;  farm buildings used for growing, harvesting
29    and preparing crop products for market, or  for  use  on  the
30    farm;   roadside   stands;   farm   buildings   for  storing,
31    maintaining, and protecting farm machinery and equipment from
32    the elements,  for  housing  livestock  or  poultry  and  for
33    preparing  livestock or poultry products for market; and farm
34    dwellings occupied by farm  owners,  operators,  tenants,  or
 
                            -4-      LRB093 08473 BDD 12565 a
 1    seasonal or year-round hired workers.
 2        "Department"    means    the   Illinois   Department   of
 3    Agriculture.
 4        "Farmland protection plan" means the written plan adopted
 5    by a board to implement a  farmland  protection  program  and
 6    includes  goals,  policies,  and  procedures  for  preserving
 7    viable  farmland  identified  within  the jurisdiction of the
 8    local government and includes properly adopted amendments  or
 9    additions to the plan.
10        "Farmland  protection  program"  means a program with the
11    purpose of  protecting  parcels  of  farmland  with  a  local
12    government  through  the  sale  or  donation  of agricultural
13    conservation easements for farmland protection purposes.
14        "Farmland   protection   purposes"   includes   (i)   the
15    preservation  and  maintenance  of  farmland  threatened   by
16    encroachment  from non-agricultural uses; (ii) the management
17    and use of that property in a manner  and  with  restrictions
18    that  will  leave  it  unimpaired  for  the benefit of future
19    generations; and (iii) otherwise promoting  the  conservation
20    of the natural resources of the local government.
21        "Local   government"   means   a   county,  township,  or
22    municipality.
23        "Viable   farmland"   means   any   land   suitable   for
24    agricultural  production  and  that  will  continue   to   be
25    economically feasible for this use if real estate taxes, farm
26    use  restrictions,  and speculative activities are limited to
27    levels approximating those in commercial  agricultural  areas
28    that are not influenced by the proximity of urban and related
29    non-agricultural development.

30        Section 15.  Farmland protection plan; petition.
31        (a)  A board desiring to enter into a farmland protection
32    program   may  do  so  only  after  adoption  of  a  farmland
33    protection plan under Section 20. The  board  shall  commence
 
                            -5-      LRB093 08473 BDD 12565 a
 1    preparation  of a farmland protection plan under that Section
 2    through either a majority vote of the board  or  through  the
 3    filing  with the local government clerk or appropriate office
 4    of a petition signed by not less than 5% or 50, whichever  is
 5    greater,  of  the  registered voters of the local government,
 6    according to the voting registration records at the time  the
 7    petition  is  filed,  recommending  that  the  board commence
 8    preparation of a farmland protection plan.
 9        (b)  A  proposed  farmland  protection  plan  shall:  (i)
10    identify all farmland within the local  government  that  the
11    board   deems   potentially   necessary   to   protect   with
12    agricultural  conservation  easements  in order to accomplish
13    the purposes of the farmland protection program;  (ii)  state
14    the   ways   in   which   the   acquisition  of  agricultural
15    conservation easements on tracts of  farmland  in  the  local
16    government  will  further  the  farmland protection purposes;
17    (iii) state the estimated costs of implementing the  proposed
18    plan;  (iv)  state  the approximate tax, per $100 of assessed
19    value, that will be levied to provide the necessary funds for
20    implementing the  proposed  plan;  (v)  state  the  estimated
21    timetable  for  implementing  the  proposed  plan;  and  (vi)
22    establish   standards   and   procedures   for   establishing
23    priorities  for  the acquisition of agricultural conservation
24    easements on parcels identified in the plan.

25        Section 20.  Eligibility. Only  viable  farmland  planned
26    and zoned for agricultural use through the local government's
27    most  current  comprehensive  plan  and  zoning ordinance and
28    identified in a farmland protection plan  shall  be  eligible
29    for  the purchase of an agricultural conservation easement as
30    part of an approved farmland protection  program.  The  board
31    may  purchase  agricultural  conservation easements only from
32    willing owners and may not  exercise  its  power  of  eminent
33    domain  to acquire these interests. Farmland recorded as part
 
                            -6-      LRB093 08473 BDD 12565 a
 1    of an agricultural area in accordance with  the  Agricultural
 2    Areas  Conservation and Protection Act and located within the
 3    farmland protection plan should be given  preference  in  the
 4    creation of the farmland protection plan.

 5        Section 25.  Public hearing.
 6        (a)  Before  adopting  a  farmland  protection plan or an
 7    amendment to an existing  plan,  the  board  must  conduct  a
 8    public  hearing  on the plan or amendment, recommend adoption
 9    of the farmland protection plan or receive  a  recommendation
10    by  petition  of  the  voters  of  the local government under
11    Section 30 that the farmland protection plan be adopted,  and
12    submit  the  question  of adoption of the farmland protection
13    plan to the local government voters under Section 30.
14        (b)  The board must cause to be prepared a notice of  the
15    public  hearing stating the date, time, place, and purpose of
16    the hearing. The local government clerk must cause the notice
17    to be published in a newspaper of general circulation in  the
18    local  government  not  less  than  15  nor more than 30 days
19    before the date of the hearing.  The  local  government  must
20    also  meet  any  additional  notice  requirements required by
21    local law. A copy of the proposed plan also  shall  be  filed
22    with  the local government clerk, who shall make it available
23    to the general public for inspection after publication of the
24    notice of public hearing.
25        (c)  At the public hearing, all persons desiring to offer
26    statements or other evidence in support of or  in  opposition
27    to the proposed plan must be afforded an opportunity to do so
28    orally,  in  writing, or both. Public comments or suggestions
29    that do not materially  change  the  geographical  limits  or
30    functionality   of   the  farmland  protection  plan  may  be
31    incorporated  into  the  farmland  protection  plan   without
32    requiring a new public hearing.
33        (d)  Within  60  days after the public hearing, the board
 
                            -7-      LRB093 08473 BDD 12565 a
 1    shall consider all of the evidence before it and shall, based
 2    upon that evidence, recommend the adoption  or  rejection  of
 3    the  proposed  farmland  protection plan in whole or in part.
 4    The board's recommendation must be in writing. If  the  board
 5    does  not  recommend  adoption  or  rejection of the proposed
 6    farmland protection plan, or if a petition from the voters of
 7    the local government recommending adoption  of  the  farmland
 8    protection  plan is not filed with the local government clerk
 9    within  60  days  after  the  public  hearing,  the  farmland
10    protection  plan  may  not  be  subsequently  adopted  unless
11    another public hearing is held and notice given  as  provided
12    in this Section. A recommendation by the board or by petition
13    under this subsection (d) to adopt a farmland protection plan
14    shall be made no later than 138 calendar days before the next
15    regular election in order for the question of the adoption of
16    the  farmland protection plan to appear on the ballot at that
17    election. If the question of the  adoption  of  the  farmland
18    protection  plan  does not appear on the ballot, the farmland
19    protection  plan  may  not  be  subsequently  adopted  unless
20    another public hearing is held and notice  given  under  this
21    Section.

22        Section 30.  Referendum on recommended plan; petition.
23        (a)  If  the  board  recommends  adoption  of  a farmland
24    protection plan or if a petition is filed by not less than 5%
25    or 50, whichever is greater, of the registered voters of  the
26    local   government,  according  to  the  voting  registration
27    records at the  time  the  petition  is  filed,  recommending
28    adoption  of  the  farmland  protection plan, then the board,
29    within 30 days after making the recommendation or  after  the
30    filing  of the petition, shall file a petition with the local
31    government clerk or appropriate office, requesting the  clerk
32    to  submit to the voters of the local government the question
33    of whether the local  government  shall  adopt  the  farmland
 
                            -8-      LRB093 08473 BDD 12565 a
 1    protection plan and enter into a farmland protection program,
 2    with the power to acquire farmland by purchasing agricultural
 3    conservation  easements on designated properties in the local
 4    government and with  the  power  to  issue  bonds  for  those
 5    purposes  under  this  Act.  The local government clerk shall
 6    certify that proposition to the  proper  election  officials,
 7    who  shall  submit  the  proposition  to the local government
 8    voters at the next regular election. The referendum shall  be
 9    conducted  and  notice  given  in accordance with the general
10    election law.
11        (b)  The question submitted to the voters at the election
12    shall be in substantially the following form:
13             Shall (name of local government) adopt the  farmland
14        protection  plan  considered  at  the  public  hearing on
15        (date) and enter upon a farmland protection program,  and
16        shall  the (local government board) have the power (i) to
17        acquire agricultural  conservation  easements  on  viable
18        farmland  by  purchase from willing owners, (ii) to issue
19        bonds for farmland protection purposes in an  amount  not
20        exceeding  5.75% of the valuation of all taxable property
21        in the local government, and (iii) to levy a tax  to  pay
22        the principal of and interest on those bonds, as provided
23        in(appropriate section of pertinent code)?
24        The votes shall be recorded as "Yes" or "No".
25        (c)  If  a  majority of the voters voting at the election
26    on the question vote in favor  of  the  question,  the  local
27    government  shall  thereafter  adopt  the farmland protection
28    plan. If the proposition does not receive the approval  of  a
29    majority  of  the  voters  voting  at  the  election  on  the
30    question, no proposition may be submitted to the voters under
31    this  Section  less  than  11  months  after  the date of the
32    election.

33        Section 35.  Amendments or  additions  to  plan.  If  the
 
                            -9-      LRB093 08473 BDD 12565 a
 1    board  recommends  any amendments or additions to a plan that
 2    has been adopted by a local government, no property  that  is
 3    the  subject  of  the amendment or addition may be restricted
 4    through  an  agricultural  conservation  easement  until  the
 5    revised plan is approved by the voters at a referendum  under
 6    Section  30 unless the amendments or additions do not provide
 7    for expenditures in excess of those provided in the  original
 8    plan.

 9        Section   40.  Municipalities;   notice  and  objections.
10    Within 10 days after publishing the notice  of  the  proposed
11    farmland protection plan within a newspaper as provided under
12    Section  25  of  this  Act,  if  the farmland protection plan
13    recommended for adoption under Section 25  contains  property
14    that  is  situated  within  one  and  one-half  miles  of the
15    corporate limits of any municipality, the board shall  notify
16    the  municipal  authorities  of  the affected municipality of
17    this  proposed  farmland  protection  plan.   The   municipal
18    authorities  may  object  to the proposal if the objection is
19    presented to a board member within 30 days of  the  municipal
20    authority's  receipt  of  the  notice  of  the proposal. Upon
21    receipt of the objection by the board  member,  the  proposed
22    farmland  protection  plan  shall  be modified to exclude the
23    real estate within one and one-half miles  of  the  corporate
24    limits of the municipality unless the property in question is
25    approved  for  inclusion in the farmland protection plan by a
26    favorable vote of three-fourths of all members of the  board.
27    If no objection is received within the specified time period,
28    the  affected  real  estate shall be included in the farmland
29    protection plan.

30        Section 45.  Powers of the board. In any local government
31    in which the establishment of a farmland  protection  program
32    has  been authorized by the voters under this Act, the board,
 
                            -10-     LRB093 08473 BDD 12565 a
 1    to the extent necessary to carry out the purposes of this Act
 2    and in addition to any other powers,  duties,  and  functions
 3    vested   in  a  local  government  by  law  (but  subject  to
 4    limitations and restrictions imposed by  this  or  any  other
 5    law), has the powers enumerated in Sections 50 through 65.

 6        Section 50.  Study; coordinated plan. The board may study
 7    and  ascertain  the  viable  farmland  resources in the local
 8    government, the need for preserving those resources, and  the
 9    extent  to  which  those  needs  are being currently met. The
10    board may prepare and adopt a coordinated plan  of  areas  to
11    meet  those  needs  that  refers  to and complements farmland
12    protection plans and other land conservation plans enacted or
13    planned  by  the   local   government   or   adjacent   local
14    governments.

15        Section  55.  Acceptance  of money and personal property.
16    The board may accept on behalf of the local government gifts,
17    grants, bequests, contributions, and appropriations of  money
18    and other personal property for farmland protection purposes.

19        Section  60.  Executive officer. The board may employ and
20    fix the compensation of an executive  officer  who  shall  be
21    responsible  to  the  board  for  the  carrying  out  of  its
22    policies.   The  executive  officer  shall  have  the  power,
23    subject  to  the approval of the board, to employ and fix the
24    compensation  of  assistants  and  employees  as  the   board
25    considers   necessary  for  carrying  out  the  purposes  and
26    provisions of this Act.

27        Section 65.  Borrowing money; bonds. The local government
28    board may borrow money and issue bonds through  a  referendum
29    for   the  purpose  of  acquiring  agricultural  conservation
30    easements  on  viable  farmland   for   farmland   protection
 
                            -11-     LRB093 08473 BDD 12565 a
 1    purposes,  as  defined  in Section 10, pursuant to a farmland
 2    protection program adopted in and for the local government in
 3    any amount not to exceed 5.75% on the  valuation  of  taxable
 4    property  in  the  local government, to be ascertained by the
 5    last assessment for State and county taxes  previous  to  the
 6    incurring of the indebtedness.
 7        Whenever the board desires to issue bonds under this Act,
 8    or  whenever the board receives a petition from not less than
 9    5% or 50, whichever is greater, of the registered  voters  of
10    the  local  government,  according to the voting registration
11    records at the time the petition  is  filed,  requesting  the
12    board  to issue bonds under this Act, the board, concurrently
13    with the filing of a petition with the local government clerk
14    or appropriate office requesting it to submit to  the  voters
15    of  the local government at the next election the question of
16    whether or not to adopt a farmland protection plan and  enter
17    upon  a  farmland  protection  program,  shall  certify  that
18    proposition to the proper election officials who shall submit
19    to  the  voters  of the local government at the next election
20    the question of whether or not the board shall issue bonds to
21    finance a farmland protection program  and  provide  for  the
22    levy  and  collection of a direct annual tax upon all taxable
23    property within the local government to  meet  the  principal
24    and  interest  on the bonds as they mature. This tax shall be
25    in addition to and in excess of any other tax  authorized  to
26    be  levied  by  the  local  government. The election shall be
27    conducted and notice given in  accordance  with  the  general
28    election  law.  The  question  submitted to the voters at the
29    election shall be in substantially the following form:
30             Shall (name of the local government) issue bonds  to
31        finance  the  acquisition  of  agricultural  conservation
32        easements  on  viable  farmland  for  farmland protection
33        purposes as provided by the Illinois Farmland  Protection
34        Act and levy and collect property taxes, in excess of any
 
                            -12-     LRB093 08473 BDD 12565 a
 1        other   tax   authorized   to  be  levied  by  the  local
 2        government, sufficient to meet the principal and interest
 3        on the bonds as they mature, but  not  in  an  amount  in
 4        excess  of  5.75% on the valuation of taxable property in
 5        the local government?
 6        The votes shall be recorded as "Yes" or "No".
 7        If a majority of the voters voting on the  question  vote
 8    in  favor  of  the  question,  the board shall issue bonds as
 9    provided in this Act  provided  that  the  bonds  are  issued
10    within  6  months  after  the  voters  vote  favorably on the
11    question. If the proposition does not receive the approval of
12    a majority of the  voters  voting  at  the  election  on  the
13    question,  no  proposition  may  be  submitted to such voters
14    pursuant to this Section less than 11 months after  the  date
15    of the election.
16        The  board  shall then adopt a resolution authorizing the
17    issuance of the bonds, prescribing all the  details  thereof,
18    and  stating  the time or times when the principal of and the
19    interest on the  bonds  become  payable,  and  the  place  of
20    payment  of  the  bonds.  The bonds must, however, be payable
21    within not less than 3 nor more than 40 years from  the  date
22    of  issue,  and  be  issued  to  bear interest at, but not to
23    exceed the maximum rate authorized by the Bond  Authorization
24    Act. The resolution shall provide for the levy and collection
25    of  a  direct annual tax upon all the taxable property within
26    the corporate limits of the local  government  sufficient  to
27    meet  the  principal  of  and  interest  on the bonds as they
28    mature. This tax shall be in addition to and in excess of any
29    other tax authorized to be levied by the local government.
30        A certified copy of  the  resolution  providing  for  the
31    issuance of the bonds shall be filed with the county clerk of
32    the  county  in  which  the  local  government is located and
33    constitutes the basis and authority of the county  clerk  for
34    the  extension and collection of the tax necessary to pay the
 
                            -13-     LRB093 08473 BDD 12565 a
 1    principal of and interest upon the  bonds  issued  under  the
 2    resolution.
 3        With  respect  to  instruments  for  the payment of money
 4    issued under this Section, it is the intention of the General
 5    Assembly (i) that the Omnibus Bond Acts are and  always  have
 6    been  supplementary  grants  of power to issue instruments in
 7    accordance with the Omnibus  Bond  Acts,  regardless  of  any
 8    provision  of  this Act that may appear to be or to have been
 9    more restrictive than those Acts, (ii) that the provisions of
10    this Section  are  not  a  limitation  on  the  supplementary
11    authority  granted  by the Omnibus Bonds Acts, and (iii) that
12    instruments   issued   under   this   Section   within    the
13    supplementary  authority granted by the Omnibus Bond Acts are
14    not invalid because of any provision of  this  Act  that  may
15    appear  to  be  or  to  have been more restrictive than those
16    Acts.

17        Section 70.  Report. No  later  than  March  31  of  each
18    calendar  year,  the  board  of any local government that has
19    established  a  farmland   protection   program   under   the
20    provisions  of  this Act shall file with the local government
21    clerk or appropriate office a report describing  the  actions
22    taken by the board to implement its farmland protection plan.
23    This report must include at least the following information:
24             (1)  The  amount of taxes levied and received by the
25        local government in the preceding calendar year.
26             (2)  The amount of all monies spent in the preceding
27        calendar year in  implementing  the  farmland  protection
28        plan  and the specific purposes for which all monies were
29        spent.
30             (3)  The  legal  and  common  descriptions  of   all
31        agricultural   conservation  easements  acquired  in  the
32        preceding calendar year.
33             (4)  The current total projection of  farmland  area
 
                            -14-     LRB093 08473 BDD 12565 a
 1        to  be  protected  under the farmland protection program.
 2        This report must be provided to the Department within  30
 3        days  after  the  report's  formal  filing with the local
 4        government clerk or appropriate office.

 5        Section 75.  Illinois Farmland Protection Fund Program.
 6        (a)  The provision  of  lands  for  the  conservation  of
 7    agricultural  resources  for  protecting  the  public health,
 8    prosperity, and general welfare is the proper  responsibility
 9    of  State  government.  Lands now dedicated to these purposes
10    are not adequate to protect the quality of life and meet  the
11    needs  of an expanding population. Agricultural lands provide
12    critical food and fiber and the  best,  most  productive  and
13    most  viable  are  in  need of protection. The opportunity to
14    acquire agricultural conservation easements on lands in  many
15    communities  that  are  available  and  appropriate for these
16    purposes  will  gradually  disappear  as  their   value   and
17    corresponding cost increases due to the encroachment of urban
18    development.  It is desirable to encourage partnerships among
19    federal,  State,  and  local  governments,   non-governmental
20    organizations   and   not-for-profit   corporations  for  the
21    acquisition  of  agricultural  conservation  easements   from
22    willing  owners.  It  is  necessary  and desirable to provide
23    assistance in the form of  grants  to  local  governments  to
24    acquire  strategic  agricultural  conservation  easements for
25    viable farmland.
26        (b)  The Department has the following authority:
27             (1)  To develop and administer  rules  for  carrying
28        out the Illinois    Farmland Protection Fund Program.
29             (2)  To award grants to local governments under this
30        Act,  subject  to  annual  State  appropriations  for the
31        purpose of farmland protection.
32             (3)  To acquire agricultural conservation  easements
33        from willing owners.
 
                            -15-     LRB093 08473 BDD 12565 a
 1             (4)  To   execute   contracts,   grant   agreements,
 2        memoranda of understanding, intergovernmental cooperation
 3        agreements,  and  any  other  agreements with other State
 4        agencies,  non-governmental   organizations   and   local
 5        governments that are necessary to implement this Act.
 6             (5)  To accept grants, loans, or appropriations from
 7        the  federal  government  or  the State, or any agency or
 8        instrumentality  thereof,  for  the   purposes   of   the
 9        Department   under  this  Act,  and  to  enter  into  any
10        agreement with the federal government or  the  State,  or
11        any agency or instrumentality thereof, in relationship to
12        the grants, or appropriations.
13             (6)  To    establish    application,    eligibility,
14        selection,  notification, contract, and other procedures,
15        rules,  guidelines,  directives,  or  regulations  deemed
16        necessary and appropriate to carry out the provisions  of
17        this Act.
18             (7)  To  fix,  determine,  charge,  and  collect any
19        premiums, fees, charges, costs, and expenses,  including,
20        without  limitation,  any  application  fees,  commitment
21        fees,  program fees, or financing charges from any person
22        in   connection with its activities under this Act.
23             (8)  To report annually  to  the  Governor  and  the
24        General  Assembly  on  the  progress made in implementing
25        this  Act  and  on  the  status   of   all   agricultural
26        conservation easements acquired pursuant to the Act.
27        (c)  From   appropriations   for   these   purposes,  the
28    Department may award grants to units of local  government  as
29    financial   assistance   for   the   purpose   of  purchasing
30    agricultural conservation easements on agricultural lands  if
31    the  Department  determines  that  the property interests are
32    sufficient to carry  out  the  purposes  of  this  Act.   The
33    Department  shall  adopt  rules  concerning  the selection or
34    grant recipients, amount of  grant  awards,  and  eligibility
 
                            -16-     LRB093 08473 BDD 12565 a
 1    requirements.  The rules may include the following additional
 2    requirements:
 3             (1)  No more than $2,000,000 may be awarded  to  any
 4        grantee for a single project for any fiscal year.
 5             (2)  Any  grant  under  this Act must be conditioned
 6        upon the grantee providing a required match as defined by
 7        rule.
 8             (3)  Funds may be used only to purchase interests in
 9        land from willing owners and may not involve the  use  of
10        eminent domain.
11             (4)  The  Department  may  make  available  to local
12        governments,  grants  for  the  preparation  of  farmland
13        protection plans subject to the  Department's  rules  and
14        annual State appropriations.
15             (5)  Grantees   must   agree   to  manage  lands  in
16        accordance with the terms of the grant.  Any  changes  in
17        management  must  be  approved  by  the Department before
18        implementation.
19        (d)  The Department shall create  the  Illinois  Farmland
20    Protection Advisory Board, which shall have responsibility to
21    review  and  provide recommendations to the Department on the
22    Illinois Farmland Protection Fund Program, as  set  forth  in
23    this Section.
24        The  Board  shall  be  composed  of  the  following:  the
25    Director  of Agriculture, the President of the Association of
26    Illinois Soil and Water Conservation Districts,  the  Natural
27    Resources Conservation Service State Conservationist, and the
28    University   of   Illinois   Extension   Director,  or  their
29    respective   designees.   Additionally,   the   Director   of
30    Agriculture shall appoint a member from a State  or  national
31    farmland  protection  non-governmental organization, a member
32    from a State agricultural non-governmental organization,  and
33    an  Illinois  farmer.  The Board must choose a Chairperson to
34    serve 2 years on a rotating basis.".