Full Text of HB4189 103rd General Assembly
HB4189 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4189 Introduced 10/25/2023, by Rep. Nicholas K. Smith - Sonya M. Harper, Lance Yednock and William "Will" Davis SYNOPSIS AS INTRODUCED: | | 525 ILCS 35/2.06 new | | 525 ILCS 35/3 | from Ch. 85, par. 2103 | 525 ILCS 35/4 | from Ch. 85, par. 2104 | 525 ILCS 35/5 | from Ch. 85, par. 2105 | 525 ILCS 35/6 | from Ch. 85, par. 2106 | 525 ILCS 35/7 | from Ch. 85, par. 2107 | 525 ILCS 35/9 | from Ch. 85, par. 2109 |
| Amends the Open Space Lands Acquisition and Development Act. Provides that a local government that has submitted a distressed location project as defined by Department of Natural Resources rule shall be eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement projects on distressed location projects. Provides that no less than 10% of the amount appropriated under the Act in any fiscal year shall be made available as grants to distressed communities. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning conservation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Open Space Lands Acquisition and | 5 | | Development Act is amended by changing Sections 3, 4, 5, 6, 7, | 6 | | and 9 and by adding Section 2.06 as follows: | 7 | | (525 ILCS 35/2.06 new) | 8 | | Sec. 2.06. Distressed location project. "Distressed | 9 | | location project" means a proposal for the acquisition of open | 10 | | space lands or for the capital development of park, | 11 | | recreation, or conservation areas by a local government when | 12 | | the location of the project for the acquisition or capital | 13 | | development is located within a distressed area as determined | 14 | | by the Department through administrative rule. | 15 | | (525 ILCS 35/3) (from Ch. 85, par. 2103) | 16 | | Sec. 3. From appropriations made from the Capital | 17 | | Development Fund, Build Illinois Bond Fund or other available | 18 | | or designated funds for such purposes, the Department shall | 19 | | make grants to local governments as financial assistance for | 20 | | the capital development and improvement of park, recreation or | 21 | | conservation areas, marinas and shorelines, including planning | 22 | | and engineering costs, and for the acquisition of open space |
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| 1 | | lands, including acquisition of easements and other property | 2 | | interests less than fee simple ownership if the Department | 3 | | determines that such property interests are sufficient to | 4 | | carry out the purposes of this Act, subject to the conditions | 5 | | and limitations set forth in this Act. | 6 | | No more than 10% of the amount so appropriated for any | 7 | | fiscal year may be committed or expended on any one project or | 8 | | any one distressed location project described in an | 9 | | application under this Act. | 10 | | Any Except for grants awarded from new appropriations in | 11 | | fiscal year 2023 and fiscal year 2024, any grant under this Act | 12 | | to a local government shall be conditioned upon the state | 13 | | providing assistance on a 50/50 matching basis for the | 14 | | acquisition of open space lands and for capital development | 15 | | and improvement proposals. However, a local government that is | 16 | | defined as a "distressed community " under criteria adopted by | 17 | | the Department through administrative rule or a local | 18 | | government that has submitted a "distressed location project" | 19 | | as defined under criteria adopted by the Department through | 20 | | administrative rule shall be eligible for assistance up to | 21 | | 100% 90% for the acquisition of open space lands and for | 22 | | capital development and improvement projects or distressed | 23 | | location projects. No proposals, provided that no more than | 24 | | 10% of the amount appropriated under this Act in any fiscal | 25 | | year shall be is made available as grants to distressed | 26 | | location projects local governments . No less than 10% of the |
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| 1 | | amount appropriated under this Act in any fiscal year shall be | 2 | | made available as grants to distressed communities. For grants | 3 | | awarded from new appropriations in fiscal year 2023 and fiscal | 4 | | year 2024 only, a local government defined as "distressed" is | 5 | | eligible for assistance up to 100% for the acquisition of open | 6 | | space lands and for capital development and improvement | 7 | | proposals. The Department may make more than 10% of the amount | 8 | | appropriated in fiscal year 2023 and fiscal year 2024 | 9 | | available as grants to distressed local governments. | 10 | | An advance payment of a minimum of 50% of any grant made to | 11 | | a unit of local government under this Act must be paid to the | 12 | | unit of local government at the time the Department awards the | 13 | | grant. A unit of local government may opt out of the advanced | 14 | | payment option at the time of the award of the grant. The | 15 | | remainder of the grant shall be distributed to the local | 16 | | government quarterly on a reimbursement basis. The Department | 17 | | shall consider an applicant's request for an extension to a | 18 | | grant under this Act if (i) the advanced payment is expended or | 19 | | legally obligated within the 2 years required by Section 5 of | 20 | | the Illinois Grant Funds Recovery Act or (ii) no advanced | 21 | | payment was made. | 22 | | (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; | 23 | | 103-8, eff. 6-7-23.) | 24 | | (525 ILCS 35/4) (from Ch. 85, par. 2104) | 25 | | Sec. 4. Any local government may apply to the Department |
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| 1 | | for a grant under this Act. An application must be in writing | 2 | | and contain a narrative description of the project or the | 3 | | distressed location project , the legal description of the open | 4 | | lands to be acquired or used for the capital development | 5 | | project or capital development of a distressed location | 6 | | project , a current appraisal showing the fair market value of | 7 | | those lands to be acquired, the project or distressed location | 8 | | project cost, identification of a source of continuous funding | 9 | | sufficient to maintain the new facilities to be created by | 10 | | capital development, the amount of the project cost the | 11 | | applicant proposes to provide and such other information as | 12 | | the Department reasonably requires. | 13 | | (Source: P.A. 84-109.) | 14 | | (525 ILCS 35/5) (from Ch. 85, par. 2105) | 15 | | Sec. 5. In considering applications for grants under this | 16 | | Act, the Department shall give priority to distressed location | 17 | | projects and projects which (i) that will provide the greatest | 18 | | benefit to the residents of the areas of the State that which | 19 | | have the highest concentration or density of population, (ii) | 20 | | that which are based upon criteria established by the | 21 | | Department that which reflect outdoor recreation needs and | 22 | | priorities identified through the Statewide Comprehensive | 23 | | Outdoor Recreation Plan (SCORP) Program carried out by the | 24 | | Department, or (iii) that which are located in flood plain | 25 | | areas. |
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| 1 | | The total amount of grants made for any fiscal year may not | 2 | | exceed the amount of the appropriation for grants made for | 3 | | that fiscal year. | 4 | | (Source: P.A. 84-109.) | 5 | | (525 ILCS 35/6) (from Ch. 85, par. 2106) | 6 | | Sec. 6. The Department shall consider all applications for | 7 | | grants for a fiscal year before awarding any grants for that | 8 | | year. No consideration shall be given for that fiscal year to | 9 | | an application that has not been timely filed. If an | 10 | | application does not describe a distressed location project or | 11 | | a project that is compatible with the purposes of this Act, the | 12 | | Department shall deny that application. The Department shall | 13 | | evaluate those applications that have been timely filed and | 14 | | have been approved as being compatible with the purposes of | 15 | | this Act and, subject to the limits established by Section 3, | 16 | | list in order of priority the applicant, project , or | 17 | | distressed location project and dollar amount of each grant | 18 | | recommended to be awarded. The Department shall also indicate | 19 | | on the priority listing of approved projects or distressed | 20 | | location projects the last grant that which may be paid during | 21 | | that fiscal year because of the limit of moneys appropriated | 22 | | for grants for that fiscal year. | 23 | | (Source: P.A. 84-109.) | 24 | | (525 ILCS 35/7) (from Ch. 85, par. 2107) |
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| 1 | | Sec. 7. Within 30 days after completing its consideration | 2 | | of applications for grants for a fiscal year, the Department | 3 | | shall notify each applicant of the disposition made of its | 4 | | application. The Department shall, in addition, direct the | 5 | | payment of grants to those applicants whose projects or | 6 | | distressed location projects have been approved and have been | 7 | | assigned a priority within the limits of the amounts | 8 | | appropriated for grants for that fiscal year. | 9 | | (Source: P.A. 84-109.) | 10 | | (525 ILCS 35/9) (from Ch. 85, par. 2109) | 11 | | Sec. 9. The Department shall adopt promulgate rules and | 12 | | regulations to effectuate the purposes of this Act , including, | 13 | | but not limited to, rules establishing the criteria and | 14 | | definitions that the Department shall use to determine what is | 15 | | a distressed location project . | 16 | | (Source: P.A. 84-109.) |
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