Illinois General Assembly - Full Text of HB1855
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Full Text of HB1855  103rd General Assembly

HB1855sam001 103RD GENERAL ASSEMBLY

Sen. Andrew S. Chesney

Filed: 5/20/2024

 

 


 

 


 
10300HB1855sam001LRB103 28119 JDS 73676 a

1
AMENDMENT TO HOUSE BILL 1855

2    AMENDMENT NO. ______. Amend House Bill 1855 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Forestry Development Act is
5amended by changing Section 5 as follows:
 
6    (525 ILCS 15/5)  (from Ch. 96 1/2, par. 9105)
7    Sec. 5. A forest development cost share program is created
8and shall be administered by the Department of Natural
9Resources.
10    A timber grower who desires to participate in the cost
11share program shall devise a forest management plan. To be
12eligible to submit a proposed forest management plan, a timber
13grower must own or operate at least 10 contiguous acres of land
14in this State on which timber is produced, except that, no acre
15on which a permanent building is located shall be included in
16calculations of acreage for the purpose of determining

 

 

10300HB1855sam001- 2 -LRB103 28119 JDS 73676 a

1eligibility. Timber growers with Department approved forest
2management plans covering less than 10 acres in effect on or
3before the effective date of this amendatory Act of the 96th
4General Assembly shall continue to be eligible under the
5Illinois Forestry Development Act provisions. The proposed
6forest management plan shall include a description of the land
7to be managed under the plan, a description of the types of
8timber to be grown, a projected harvest schedule, a
9description of forest management practices to be applied to
10the land, an estimation of the cost of such practices, plans
11for afforestation, plans for regenerative harvest and
12reforestation, and a description of soil and water
13conservation goals and wildlife habitat enhancement which will
14be served by implementation of the forest management plan.
15    Upon receipt from a timber grower of a draft forest
16management plan, the Department shall review the plan and, if
17necessary, assist the timber grower to revise the plan. The
18Department shall officially approve acceptable plans. Forest
19management plans shall be revised as necessary and all
20revisions must be approved by the Department. A plan shall be
21evaluated every 2 years for reapproval.
22    The eligible land shall be maintained in a forest
23condition for a period of 10 years or until commercial
24harvest, whichever last occurs, as required by the plan.
25    The Department shall enter into agreements with timber
26growers with approved forest management plans under which the

 

 

10300HB1855sam001- 3 -LRB103 28119 JDS 73676 a

1Department shall agree to pay a share of the total cost of
2acceptable forest management plans and practices implemented
3under the plan. The cost share amount is up to 80% of the total
4cost of the forest management practices for such practices
5approved to be funded from monies appropriated for this
6purpose for subsequent fiscal years. Cost share funds shall be
7paid from monies appropriated to the Department by the General
8Assembly for that purpose from the Illinois Forestry
9Development Fund or any other fund in the State Treasury.
10    Starting in 2025, the Department shall file a report in
11writing to the General Assembly on or before March 1 of each
12year with the following information from the preceding year:
13the total number of agreements entered into pursuant to this
14Section, the total amount of payments made pursuant to this
15Section from the Illinois Forestry Development Fund, and the
16total number of acres that were affected by the payments.
17    The Department, upon recommendations made to it by the
18Council, may provide for the categorization of forest
19management practices and determine an appropriate cost share
20percentage for each such category. Forest management practices
21submitted by timber growers on whose timber sales fees of 4% of
22the sale amount were paid as provided in Section 9a of the
23"Timber Buyers Licensing Act", approved September 1, 1969, may
24be accorded a priority for approval within the assigned
25category. Such timber growers may receive a cost share amount
26which is increased above the amount for which they would

 

 

10300HB1855sam001- 4 -LRB103 28119 JDS 73676 a

1otherwise qualify by an amount equal to the fees paid by the
2timber grower on sales occurring in the 2 fiscal years
3immediately preceding the fiscal year in which the forest
4management practices are approved and funded; provided,
5however, that the total cost share amount shall not exceed the
6total cost of the approved forest management practices.
7    Upon transfer of his or her right and interest in the land
8or a change in land use, the timber grower shall forfeit all
9rights to future payments and other benefits resulting from an
10approved plan and shall refund to the Department all payments
11received therefrom during the previous 10 years unless the
12transferee of any such land agrees with the Department to
13assume all obligations under the plan.
14(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".