HB4209sam002 103RD GENERAL ASSEMBLY

Sen. Doris Turner

Filed: 5/21/2024

10300HB4209sam002 LRB103 34958 BDA 73699 a

AMENDMENT TO HOUSE BILL 4209

AMENDMENT NO. ______. Amend House Bill 4209 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Natural Resources Act is amended by changing Section 1-20 and by adding Section 1-50 as follows:

(20 ILCS 801/1-20)

Sec. 1-20. Real property. The Department has the power:

(a) To transfer jurisdiction of any realty under the control of the Department to any other Department of the State Government, or to any authority, commission or other agency of the State, and to acquire or accept federal lands, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor.

(b) To lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State; provided that no such lease be for a longer period of time than that in which it can reasonably be expected the State will not have use for such property, and further provided that no such lease be for a longer period of time than 10 5 years.

(c) To lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. A lease under this subsection (c) shall not be for a period longer than 40 years. If practical, the Department shall require that any land or property over which the Department has jurisdiction and that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department shall then prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines or previously developed sites. The Department may consider any land use that is lost from the installation of a commercial solar energy system in making a determination regarding the suitability of a site. At least 60 days before entering into a lease for a commercial solar energy system under this subsection (c), the Department shall post in the Illinois Register and on the Department's website notice of the Department's intent to enter into the lease and shall provide a copy of the notice to a municipality if the leased area is located within the borders of the municipality. The notice shall include the specific location and size of the proposed commercial solar energy system. The Department shall consider and respond to all public comments regarding the posting that are received by the Department within 30 days of the posting.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 801/1-50 new)

Sec. 1-50. Administrative rules. The Department of Natural Resources may adopt rules necessary to carry out its duties under this Act.

Section 10. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by changing Sections 805-5, 805-230, 805-235, and 805-280 and by adding Section 805-580 as follows:

(20 ILCS 805/805-5)

Sec. 805-5. Definitions. In this Law:

"Clean energy" means energy that is generated, by design or operation, in a manner that is substantially free of carbon dioxide emissions or in a manner that otherwise contributes to the reduction in emissions of environmentally hazardous materials or reduces the volume of environmentally dangerous materials.

"Clean energy project" means a project that is undertaken to acquire, construct, refurbish, create, develop, or redevelop any facility, equipment, machinery, or real or personal property and that will aid, assist, or encourage the development or implementation of clean energy in the State.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)

Sec. 805-230. Developing recreational areas. The Department has the power to lease from individuals, corporations, or any other form of private ownership, from any municipality, public corporation, or political subdivision of this State, or from the United States any lands or waters for the purpose of developing outdoor recreational areas for public use and to acquire all necessary property or rights-of-way for the purposes of ingress or egress to those lands and waters and to construct buildings and other recreational facilities, including roadways, bridges, and parking areas, commercial solar energy systems, and clean energy projects that the Department deems necessary or desirable for maximum utilization of recreational facilities for public use of the areas.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)

Sec. 805-235. Lease of lands acquired by the Department; disposition of obsolete buildings. The Department has the power to do and perform each and every act or thing considered by the Director to be necessary or desirable to fulfill and carry out the intent and purpose of all laws pertaining to the Department, including the right to rehabilitate or sell at public auction buildings or structures affixed to lands over which the Department has acquired jurisdiction when in the judgment of the Director those buildings or structures are obsolete, inadequate, or unusable for the purposes of the Department and to lease those lands with or without appurtenances for a consideration in money or in kind for a period of time not in excess of 10 5 years for the purposes and upon the terms and conditions that the Director considers to be in the best interests of the State when those lands are not immediately to be used or developed by the State. All those sales shall be made subject to the written approval of the Governor. The funds derived from those sales and from those leases shall be deposited in the State Parks Fund, except that funds derived from those sales and from those leases on lands managed and operated principally as wildlife or fisheries areas by the Department shall be deposited in the Wildlife and Fish Fund.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 805/805-280 new)

Sec. 805-280. Leases for the purpose of creating, operating, or maintaining a commercial solar energy system or clean energy project. The Department may lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project. The lease shall not be for a period longer than 40 years. The Department shall require that any lease must provide for a signed project labor agreement for the length of the lease term. A project labor agreement entered into under this Section shall be entered into with the local building and construction trades council having geographic jurisdiction over the project. If practical, the Department shall require that any land or property over which the Department has jurisdiction that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall require that any lease must include a signed project labor agreement for the length of the lease term. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department shall then prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines or previously developed sites. The Department may consider any land use that is lost from the installation of a commercial solar energy system in making a determination for the suitability of a site.

(20 ILCS 805/805-580 new)

Sec. 805-580. Electric vehicle charging stations.

(a) The Department may provide for at least one electric vehicle charging station, as defined in the Electric Vehicle Act, at any State park or other real property that is owned by the Department where electrical service will reasonably permit. The Department is authorized to charge user fees for the use of such electric vehicle charging stations.

(b) The Department may adopt and publish specifications detailing the kind and type of electric vehicle charging stations to be provided and may adopt rules governing the fees for use of electric vehicle charging stations at State parks or other real property that is owned by the Department.

Section 15. The State Parks Act is amended by changing Sections 2, 3, 3a, and 4 as follows:

(20 ILCS 835/2) (from Ch. 105, par. 466)

Sec. 2. It shall be the policy of the State of Illinois to acquire a system of State parks which shall embody the following purposes and objectives:

(1) To preserve the most important historic sites and events that which are connected with the peoples who are geographically and culturally affiliated to the land now known as the State of Illinois early pioneer or Indian history, so that their such history of the Indians, explorers, missionaries and settlers may be preserved, not only as a tribute to those peoples that came before us who made possible the building of the State of Illinois and of the Union, but also as a part of the education of present and future Illinois citizens.

(2) To set aside as public reservations those locations which have unusual scenic attractions caused by geologic or topographic formations, such as canyons, gorges, caves, dunes, beaches, moraines, palisades, examples of Illinois prairie, and points of scientific interest to botanists and naturalists. These areas should be large in size and whenever practicable shall be not less than 1,000 acres in extent. However, smaller areas may be acquired wherever conditions do not warrant the acquisition of the larger acreage.

(3) To preserve large forested areas and marginal lands along the rivers, small water courses, and lakes for a recreation use different from that given by the typical city park, and so that these tracts may remain unchanged by civilization, so far as possible, and be kept for future generations. Such areas also, should be acquired in units of 1,000 acres or more and may be available as fish and game preserves. However, smaller areas may be acquired wherever conditions do not warrant the acquisition of the larger acreage.

(4) To connect these parks with each other by a system of scenic parkways with widths varying from 100 to 1,000 feet, as a supplement to and completion of the State highway system. Where the present State highway routes may serve this purpose, their location, alignment and design should be studied with this plan in view. At suitable locations along these highways, pure water supplies and shelters and comfort facilities of attractive design may be installed for the convenience of the public.

The Department of Natural Resources is authorized on in behalf of the State of Illinois to accept by donation or bequest, to purchase or acquire by condemnation proceedings in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, or by contract for deed payable over a period of time not to exceed 10 years, or in any other legal manner, the title to all such lands, waters or regions, and the easements appurtenant or contributory thereto, which shall be in accord with such policy in respect to a system of State parks, for the purpose of which the General Assembly may make an appropriation. Purchases by contract for deed under this Section shall not exceed $20,000,000 in total purchase price for land under contract at any one given time.

(Source: P.A. 94-1055, eff. 1-1-07.)

(20 ILCS 835/3) (from Ch. 105, par. 467)

Sec. 3. In maintaining the State parks the Department of Natural Resources shall conserve the original character as distinguished from the artificial landscaping of such parks. As used in this Section, "artificial landscaping" does not include any landscaping or other site modification or use resulting from any lease entered into by the Department of Natural Resources for the creation, operation, or maintenance of a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Instead, these site modifications and uses are hereby deemed to support conservation of the original character of the parks.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 835/3a) (from Ch. 105, par. 467a)

Sec. 3a. The Department of Natural Resources shall not dispose of any portion of a State park except as specifically authorized by law. This prohibition shall not restrict the Department from conveyance of easements, leases, and other lesser interests in land.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 835/4) (from Ch. 105, par. 468)

Sec. 4. The Department of Natural Resources has the power:

(1) To make rules and regulations necessary to carry out its duties under this Act, including rules and regulations for the use, care, improvement, control and administration of lands under its jurisdiction, and to enforce the same.

(2) To employ such custodians, keepers, clerks, assistants, laborers and subordinates as may be necessary to carry out the provisions of this Act.

(3) To lay out, construct and maintain all needful roads, parking areas, paths or trails, bridges, and docks, camp or lodge sites, picnic areas, beach houses, lodges and cabins and any other structures and improvements necessary and appropriate in any state park or easement thereto; and to provide water supplies, heat and light, and sanitary facilities for the public and living quarters for the custodians and keepers of state parks.

(4) To replant any devastated native plant areas of any State park or increase or supplement the same when necessary with plant material indigenous to such park.

(5) To cooperate with the United States government and with other states in matters relating to the care, improvement, control and administration of national or interstate parks.

(6) To cooperate and contract with any agency, organization or individual in a manner consistent with the purposes of this Act and the powers granted the Department herein.

(7) To accept and administer gifts, grants and legacies of money, securities or property to be used by the Department of Natural Resources for the purposes of this Act and according to the tenor of such gift, grant or legacy.

(8) To enter into leases that allow for the creation, operation, or maintenance of a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. If practical, the Department shall require that any land or property over which the Department has jurisdiction that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall require that any lease must include a signed project labor agreement for the length of the lease term. A project labor agreement entered into under this Section shall be entered into with the local building and construction trades council having geographic jurisdiction over the project. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department shall then prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines or previously developed sites. In making a determination for the suitability of a site, the Department may consider any land use that is lost from the installation of a commercial solar energy system.

(Source: P.A. 89-445, eff. 2-7-96.)".