HB3235 103RD GENERAL ASSEMBLY

LRB103 29696 RLC 56101 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3235

Introduced 2/17/2023, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

505 ILCS 135/6.1 new

Amends the Sustainable Agriculture Act. Provides that on or before January 1, 2024, the Department of Agriculture shall establish and implement a 3-year compost reimbursement pilot program to reimburse farming operations in this State for purchasing and using compost products, including transportation, equipment, spreading, and labor costs. Provides that the Department of Agriculture shall create an online form for eligible farming operations to apply for cost reimbursement. Provides that a farming operation may submit only one application for purchases made and usage costs incurred during any given fiscal year. Provides that applications for reimbursement must be filed: (1) on or before September 1, 2024, for compost purchased and usage costs incurred in fiscal year 2024; (2) on or before September 1, 2025, for compost purchased and usage costs incurred in fiscal year 2025; and (3) on or before September 1, 2026, for compost purchased and usage costs incurred in fiscal year 2026. Provides that (1) a farming operation may not receive more than 50% of the costs it has incurred for the purchase and use of compost products, including transportation, equipment, spreading, and labor costs; (2) a farming operation may not receive more than $50,000 per year; and (3) a farming operation may not receive reimbursement for compost products that it has transferred, or intends to transfer, to another individual or entity, whether or not for compensation. Provides that the provision is repealed on January 1, 2027. Effective immediately.

A BILL FOR

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sustainable Agriculture Act is amended by adding Section 6.1 as follows:

(505 ILCS 135/6.1 new)

Sec. 6.1. Compost incentive pilot program.

(a) In this Section, "farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment.

(b) On or before January 1, 2024, the Department of Agriculture shall establish and implement a 3-year compost reimbursement pilot program to reimburse farming operations in this State for purchasing and using compost products, including transportation, equipment, spreading, and labor costs.

(c) The Department of Agriculture shall create an online form for eligible farming operations to apply for cost reimbursement. All applications for cost reimbursement must be submitted on the form along with documentation of the costs of purchasing and using compost products for which the applicant is requesting reimbursement. The Department of Agriculture may request that an applicant provide information to verify the size, sale weight, or amount of compost products purchased and the cost of transportation, equipment, spreading, and labor. The applicant must also declare that it is not seeking reimbursement for compost products that it has transferred, or intends to transfer, to another individual or entity, whether or not for compensation.

(d) A farming operation may submit only one application for purchases made and usage costs incurred during any given fiscal year. Applications for reimbursement must be filed:

(1) on or before September 1, 2024, for compost purchased and usage costs incurred in fiscal year 2024;

(2) on or before September 1, 2025, for compost purchased and usage costs incurred in fiscal year 2025; and

(3) on or before September 1, 2026, for compost purchased and usage costs incurred in fiscal year 2026.

(e) The Department of Agriculture must distribute reimbursement funds on a first-come, first-served basis, subject to the following limitations:

(1) a farming operation may not receive more than 50% of the costs it has incurred for the purchase and use of compost products, including transportation, equipment, spreading, and labor costs;

(2) a farming operation may not receive more than $50,000 per year; and

(3) a farming operation may not receive reimbursement for compost products that it has transferred, or intends to transfer, to another individual or entity, whether or not for compensation.

(f) The applicant shall indemnify and hold harmless the State and its officers, agents, and employees from all claims arising out of or resulting from the compost products purchased that are subject to the compost reimbursement pilot program under this Section.

(g) This Section is repealed on January 1, 2027.

Section 99. Effective date. This Act takes effect upon becoming law.