Full Text of SB1701 103rd General Assembly
SB1701sam002 103RD GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/21/2023
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| 1 | | AMENDMENT TO SENATE BILL 1701
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1701 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by changing | 5 | | Section 6z-32 as follows:
| 6 | | (30 ILCS 105/6z-32)
| 7 | | Sec. 6z-32. Partners for Planning and Conservation.
| 8 | | (a) The Partners for Conservation Fund (formerly known as | 9 | | the Conservation 2000 Fund) and the Partners for
Conservation | 10 | | Projects Fund (formerly known as the Conservation 2000 | 11 | | Projects Fund) are
created as special funds in the State | 12 | | Treasury. These funds
shall be used to establish a | 13 | | comprehensive program to protect Illinois' natural
resources | 14 | | through cooperative partnerships between State government and | 15 | | public
and private landowners. Moneys in these Funds may be
| 16 | | used, subject to appropriation, by the Department of Natural |
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| 1 | | Resources, Environmental Protection Agency, and the
Department | 2 | | of Agriculture for purposes relating to natural resource | 3 | | protection,
planning, recreation, tourism, climate resilience, | 4 | | and compatible agricultural and economic development
| 5 | | activities. Without limiting these general purposes, moneys in | 6 | | these Funds may
be used, subject to appropriation, for the | 7 | | following specific purposes:
| 8 | | (1) To foster sustainable agriculture practices and | 9 | | control soil erosion,
sedimentation, and nutrient loss | 10 | | from farmland, including grants to Soil and Water | 11 | | Conservation Districts
for conservation practice | 12 | | cost-share grants and for personnel, educational, and
| 13 | | administrative expenses.
| 14 | | (2) To establish and protect a system of ecosystems in | 15 | | public and private
ownership through conservation | 16 | | easements, incentives to public and private
landowners, | 17 | | natural resource restoration and preservation, water | 18 | | quality protection and improvement, land use and watershed | 19 | | planning, technical assistance and grants, and
land | 20 | | acquisition provided these mechanisms are all voluntary on | 21 | | the part of the
landowner and do not involve the use of | 22 | | eminent domain.
| 23 | | (3) To develop a systematic and long-term program to | 24 | | effectively measure
and monitor natural resources and | 25 | | ecological conditions through investments in
technology | 26 | | and involvement of scientific experts.
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| 1 | | (4) To initiate strategies to enhance, use, and | 2 | | maintain Illinois' inland
lakes through education, | 3 | | technical assistance, research, and financial
incentives.
| 4 | | (5) To partner with private landowners and with units | 5 | | of State, federal, and local government and with | 6 | | not-for-profit organizations in order to integrate State | 7 | | and federal programs with Illinois' natural resource | 8 | | protection and restoration efforts and to meet | 9 | | requirements to obtain federal and other funds for | 10 | | conservation or protection of natural resources. | 11 | | (6) To support implement the State's Nutrient Loss | 12 | | Reduction Strategy, including, but not limited to, funding | 13 | | the resources needed to support the Strategy's Policy | 14 | | Working Group, cover water quality monitoring in support | 15 | | of Strategy implementation, prepare a biennial report on | 16 | | the progress made on the Strategy every 2 years, and | 17 | | provide cost share funding for nutrient capture projects. | 18 | | (7) To provide capacity grants to support soil and | 19 | | water conservation districts, including, but not limited | 20 | | to, developing soil health plans, conducting soil health | 21 | | assessments, peer-to-peer training, convening | 22 | | producer-led dialogues, professional memberships, | 23 | | professional development , and travel stipends for meetings | 24 | | and educational events.
| 25 | | (8) To develop guidelines and local soil health | 26 | | assessments for advancing soil health. |
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| 1 | | (9) To implement a crop insurance premium discount | 2 | | program at the State level for practices that improve soil | 3 | | health. | 4 | | (b) The State Comptroller and State Treasurer shall | 5 | | automatically transfer
on the last day of each month, | 6 | | beginning on September 30, 1995 and ending on
June 30, 2023,
| 7 | | from the General Revenue Fund to the Partners for Conservation
| 8 | | Fund,
an
amount equal to 1/10 of the amount set forth below in | 9 | | fiscal year 1996 and
an amount equal to 1/12 of the amount set | 10 | | forth below in each of the other
specified fiscal years:
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11 | | Fiscal Year |
Amount |
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12 | | 1996 |
$ 3,500,000 |
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13 | | 1997 |
$ 9,000,000 |
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14 | | 1998 |
$10,000,000 |
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15 | | 1999 |
$11,000,000 |
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16 | | 2000 |
$12,500,000 |
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17 | | 2001 through 2004 |
$14,000,000 |
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18 | | 2005
| $7,000,000 | |
19 | | 2006
| $11,000,000
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20 | | 2007
| $0
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21 | | 2008 through 2011
| $14,000,000
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22 | | 2012 | $12,200,000 | |
23 | | 2013 through 2017 | $14,000,000 | |
24 | | 2018 | $1,500,000 | |
25 | | 2019 | $14,000,000 | |
26 | | 2020 | $7,500,000 | |
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| 1 | | 2021 through 2023 | $14,000,000 |
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2 | | (c) The State Comptroller and State Treasurer shall | 3 | | automatically transfer on the last day of each month beginning | 4 | | on July 31, 2021 and ending June 30, 2022, from the | 5 | | Environmental Protection Permit and Inspection Fund to the | 6 | | Partners for Conservation Fund, an amount equal to 1/12 of | 7 | | $4,135,000.
| 8 | | (c-1) The State Comptroller and State Treasurer shall | 9 | | automatically transfer on the last day of each month beginning | 10 | | on July 31, 2022 and ending June 30, 2023, from the | 11 | | Environmental Protection Permit and Inspection Fund to the | 12 | | Partners for Conservation Fund, an amount equal to 1/12 of | 13 | | $5,900,000. | 14 | | (d) There shall be deposited into the Partners for
| 15 | | Conservation Projects Fund such
bond proceeds and other moneys | 16 | | as may, from time to time, be provided by law.
| 17 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; | 18 | | 102-699, eff. 4-19-22.)
| 19 | | Section 10. The Grant Accountability and Transparency Act | 20 | | is amended by changing Section 45 as follows: | 21 | | (30 ILCS 708/45)
| 22 | | Sec. 45. Applicability.
| 23 | | (a) Except as otherwise provided in this Section, the | 24 | | requirements established under this Act apply to State |
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| 1 | | grant-making agencies that make State and federal pass-through | 2 | | awards to non-federal entities. These requirements apply to | 3 | | all costs related to State and federal pass-through awards.
| 4 | | The requirements established under this Act do not apply to | 5 | | private awards, to allocations of State revenues paid over by | 6 | | the Comptroller to units of local government and other taxing | 7 | | districts pursuant to the State Revenue Sharing Act from the | 8 | | Local Government Distributive Fund or the Personal Property | 9 | | Tax Replacement Fund, to allotments of State motor fuel tax | 10 | | revenues distributed by the Department of Transportation to | 11 | | units of local government pursuant to the Motor Fuel Tax Law | 12 | | from the Motor Fuel Tax Fund or the Transportation Renewal | 13 | | Fund, or to awards, including capital appropriated funds, made | 14 | | by the Department of Transportation to units of local | 15 | | government for the purposes of transportation projects | 16 | | utilizing State funds, federal funds, or both State and | 17 | | federal funds. This Act shall recognize that federal and | 18 | | federal pass-through awards from the Department of | 19 | | Transportation to units of local government are governed by | 20 | | and must comply with federal guidelines under 2 CFR Part 200. | 21 | | The changes made by this amendatory Act of the 102nd | 22 | | General Assembly apply to pending actions as well as actions | 23 | | commenced on or after the effective date of this amendatory | 24 | | Act of the 102nd General Assembly. | 25 | | (a-5) Nothing in this Act shall prohibit the use of State | 26 | | funds for purposes of federal match or maintenance of effort. |
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| 1 | | (b) The terms and conditions of State, federal, and | 2 | | pass-through awards apply to subawards and subrecipients | 3 | | unless a particular Section of this Act or the terms and | 4 | | conditions of the State or federal award specifically indicate | 5 | | otherwise. Non-federal entities shall comply with requirements | 6 | | of this Act regardless of whether the non-federal entity is a | 7 | | recipient or subrecipient of a State or federal pass-through | 8 | | award. Pass-through entities shall comply with the | 9 | | requirements set forth under the rules adopted under | 10 | | subsection (a) of Section 20 of this Act, but not to any | 11 | | requirements in this Act directed towards State or federal | 12 | | awarding agencies, unless the requirements of the State or | 13 | | federal awards indicate otherwise.
| 14 | | When a non-federal entity is awarded a cost-reimbursement | 15 | | contract, only 2 CFR 200.330 through 200.332 are incorporated | 16 | | by reference into the contract. However, when the Cost | 17 | | Accounting Standards are applicable to the contract, they take | 18 | | precedence over the requirements of this Act unless they are | 19 | | in conflict with Subpart F of 2 CFR 200. In addition, costs | 20 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 | 21 | | U.S.C. 4304(a), as described in the Federal Acquisition | 22 | | Regulations, subpart 31.2 and subpart 31.603, are always | 23 | | unallowable. For requirements other than those covered in | 24 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | 25 | | contract and the Federal Acquisition Regulations apply.
| 26 | | With the exception of Subpart F of 2 CFR 200, which is |
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| 1 | | required by the Single Audit Act, in any circumstances where | 2 | | the provisions of federal statutes or regulations differ from | 3 | | the provisions of this Act, the provision of the federal | 4 | | statutes or regulations govern. This includes, for agreements | 5 | | with Indian tribes, the provisions of the Indian | 6 | | Self-Determination and Education and Assistance Act, as | 7 | | amended, 25 U.S.C. 450-458ddd-2.
| 8 | | (c) State grant-making agencies may apply subparts A | 9 | | through E of 2 CFR 200 to for-profit entities, foreign public | 10 | | entities, or foreign organizations, except where the awarding | 11 | | agency determines that the application of these subparts would | 12 | | be inconsistent with the international obligations of the | 13 | | United States or the statute or regulations of a foreign | 14 | | government.
| 15 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | 16 | | different types of awards. The same applicability applies to | 17 | | this Act.
| 18 | | (e) (Blank). | 19 | | (f) For public institutions of higher education, the | 20 | | provisions of this Act apply only to awards funded by federal | 21 | | pass-through awards from a State agency to public institutions | 22 | | of higher education. This Act shall recognize provisions in 2 | 23 | | CFR 200 as applicable to public institutions of higher | 24 | | education, including Appendix III of Part 200 and the cost | 25 | | principles under Subpart E. | 26 | | (g) Each grant-making agency shall enhance its processes |
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| 1 | | to monitor and address noncompliance with reporting | 2 | | requirements and with program performance standards. Where | 3 | | applicable, the process may include a corrective action plan. | 4 | | The monitoring process shall include a plan for tracking and | 5 | | documenting performance-based contracting decisions.
| 6 | | (h) Notwithstanding any provision of law to the contrary, | 7 | | grants awarded from federal funds received from the federal | 8 | | Coronavirus State Fiscal Recovery Fund in accordance with | 9 | | Section 9901 of the American Rescue Plan Act of 2021 are | 10 | | subject to the provisions of this Act, but only to the extent | 11 | | required by Section 9901 of the American Rescue Plan Act of | 12 | | 2021 and other applicable federal law or regulation. | 13 | | (i) This Act does not apply to the Department of | 14 | | Agriculture's Soil and Water Conservation District Grants | 15 | | Program. | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; | 17 | | 102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff. | 18 | | 6-10-22.) | 19 | | Section 15. The Soil and Water Conservation Districts Act | 20 | | is amended by adding Sections 3.24, 3.25, 3.26, 3.27, 22.03a, | 21 | | 22.03b, 22.03c, and 22.03d as follows: | 22 | | (70 ILCS 405/3.24 new) | 23 | | Sec. 3.24. "Healthy soils practices" means systems of | 24 | | agricultural, forestry, and land management practices that: |
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| 1 | | (1) improve the health of soils, including, but not | 2 | | limited to, consideration of depth of topsoil horizons, | 3 | | water infiltration rate, water-holding capacity, organic | 4 | | matter content, biologically accessible nutrient content, | 5 | | bulk density, biological activity, and biological and | 6 | | microbiological diversity; | 7 | | (2) follow the principles of: minimizing soil | 8 | | disturbance and external inputs; keeping soil covered; | 9 | | maximizing biodiversity; diversifying crop rotations; | 10 | | maximizing presence of living roots; integrating animals | 11 | | and insects into land management, including grazing | 12 | | animals, birds, beneficial insects, or keystone species, | 13 | | such as earthworms; and incorporating the context of local | 14 | | conditions in decision-making, including, for example, | 15 | | soil type, topography, and time of year; and | 16 | | (3) include practices such as tillage or no-till, | 17 | | cover-cropping, perennialization of highly erodible land, | 18 | | precision nitrogen and phosphorus application, managed | 19 | | grazing, integrated crop-livestock systems, silvopasture, | 20 | | agroforestry, perennial crops, integrated pest management, | 21 | | nutrient best management practices, invasive species | 22 | | removal and the planting of native species and those | 23 | | practices recommended by the United States Department of | 24 | | Agriculture's Natural Resources Conservation Service - | 25 | | Field Office Technical Guide. |
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| 1 | | (70 ILCS 405/3.25 new) | 2 | | Sec. 3.25. "Soil health assessment" means a suite of | 3 | | soil-health-indicator measures, including, but not limited to, | 4 | | soil organic matter, soil structure, infiltration and bulk | 5 | | density, water-holding capacity, microbial biomass, and soil | 6 | | respiration. | 7 | | (70 ILCS 405/3.26 new) | 8 | | Sec. 3.26. "Initiative" means the Illinois Healthy Soils | 9 | | Initiative. | 10 | | (70 ILCS 405/3.27 new) | 11 | | Sec. 3.27. "Healthy soil" means the continuing capacity of | 12 | | a soil to function as a vital, living biological system that | 13 | | sustains plants, animals, and humans, increases soil organic | 14 | | matter, improves soil structure and water-holding and | 15 | | nutrient-holding capacity and nutrient cycling, enhances water | 16 | | infiltration and filtration capability, promotes water | 17 | | quality, and results in net long-term ecological benefits. | 18 | | "Healthy soil" includes soil that hosts a diversity of | 19 | | beneficial organisms, grow vigorous crops, enhance | 20 | | agricultural resilience, including the ability of crops and | 21 | | livestock to tolerate and recover from drought, temperature | 22 | | extremes, extreme precipitation events, pests, diseases, and | 23 | | other stresses, break down harmful chemicals, and help convert | 24 | | organic residues into stable soil organic matter and retaining |
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| 1 | | nutrients, especially nitrogen and phosphorus. | 2 | | (70 ILCS 405/22.03a new) | 3 | | Sec. 22.03a. Illinois Healthy Soils Initiative. | 4 | | (a) The Illinois Healthy Soils Initiative is created. It | 5 | | is the purpose of the Initiative to improve the health of soils | 6 | | through efforts that improve soil and water quality, increase | 7 | | the resilience of ecosystems to extreme weather events, | 8 | | protect and improve agricultural productivity, and support | 9 | | aquatic and wildlife habitat. | 10 | | The Initiative shall be administered by the Director of | 11 | | Agriculture with consultation from soil and water conservation | 12 | | districts, the Illinois Environmental Protection Agency, the | 13 | | Department of Natural Resources, and the University of | 14 | | Illinois Extension Program. The Department shall create | 15 | | guidelines and guidance to assist soil and water
conservation | 16 | | districts in developing soil health assessments in order to | 17 | | identify desired capacity and funding levels and establish | 18 | | regular, measurable, cost-effective, and technically | 19 | | achievable goals to advance voluntary and incentive-based | 20 | | strategies that improve healthy soils. These assessments shall | 21 | | be used to identify opportunities to access and leverage | 22 | | financial and technical assistance from local, State, and | 23 | | federal sources to guide resources to their best potential | 24 | | use. | 25 | | The Initiative shall complement and improve coordination |
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| 1 | | of existing resources and processes and shall not replace | 2 | | existing, local, State, private, or federal funding or | 3 | | technical assistance programs. The Department shall report on | 4 | | progress of the Initiative annually. | 5 | | The Initiative shall promote voluntary and incentive-based | 6 | | soil health efforts. No part of this Section shall be used to | 7 | | impose mandates or require practice adoption. | 8 | | (70 ILCS 405/22.03b new) | 9 | | Sec. 22.03b. Guidelines for soil health assessments. The | 10 | | Department shall adopt and revise guidelines to assist soil | 11 | | and water conservation districts in determining local goals | 12 | | and needs for implementing soil health assessments. | 13 | | In developing its guidelines to assist soil and water | 14 | | conservation districts in determining local goals and needs | 15 | | for soil health assessments, the Department shall consider: | 16 | | (1) county and State levels of conservation practice | 17 | | adoption. Guidance should also be provided to districts to | 18 | | meet USDA Natural Resource Conservation Service determined | 19 | | conservation practice standards or Illinois Urban Manual | 20 | | Practice Standards; | 21 | | (2) information regarding beginning, socially | 22 | | disadvantaged, and veteran farmers and ranchers, as well | 23 | | as disadvantaged communities; | 24 | | (3) availability of State, federal, and private | 25 | | financial and technical assistance programs to soil and |
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| 1 | | water conservation districts, local governments, and | 2 | | conservation partners; and | 3 | | (4) opportunities for evaluating results-based | 4 | | practices utilizing tools, such as the U.S. Department of | 5 | | Agriculture's revised universal soil loss equation, that | 6 | | model environmental outcomes at the field, county, | 7 | | watershed, or State level. | 8 | | The information collected through the development of the | 9 | | guidelines shall be summarized and provided to the soil and | 10 | | water conservation districts to inform the development of | 11 | | local soil health assessments. | 12 | | Initial guidelines shall be completed and provided to soil | 13 | | and water conservation districts by July 1 of each year and | 14 | | shall include the grant agreement for the Soil and Water | 15 | | Conservation District Grants Program as well as outlining the | 16 | | funding resource support contained within the grant agreement | 17 | | to better inform the development of local soil health | 18 | | assessments. | 19 | | (70 ILCS 405/22.03c new) | 20 | | Sec. 22.03c. Local soil health assessments. Upon the | 21 | | adoption of guidelines described in Section 22.03b, each soil | 22 | | and water conservation district shall develop its own soil | 23 | | health assessment to guide voluntary and incentive-based | 24 | | strategies to improve soil health. The soil health assessment | 25 | | shall be technically feasible and economically reasonable. |
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| 1 | | The Department shall provide a template to the districts | 2 | | for the local soil health assessment, including the required | 3 | | information listed in this Section as well as information | 4 | | regarding available data and support materials collected as | 5 | | the guidance information listed in Section 25. | 6 | | Each district is encouraged to collaborate with other | 7 | | local governmental entities and local stakeholders in | 8 | | developing and implementing its soil health assessment. Each | 9 | | district shall use the guidelines provided by the Department | 10 | | in developing its soil health assessment. | 11 | | Upon the request of a district, the Department shall | 12 | | assist in the preparation of the district's soil health | 13 | | assessment. Districts may also work collaboratively to | 14 | | establish joint plans to leverage existing capacity and | 15 | | resources most effectively. | 16 | | To carry out its assessment, a district shall identify | 17 | | soil health practices. The soil health assessment must | 18 | | consider opportunities to access, leverage, and use State and | 19 | | federal resources within a specific soil and water | 20 | | conservation district service area. | 21 | | Soil and water conservation districts may also convene | 22 | | producer-led dialogues to identify special initiatives or | 23 | | pilot projects to leverage additional resources and implement | 24 | | soil health practices at scale across multiple operations and | 25 | | land ownerships. | 26 | | In developing a soil health assessment, the soil and water |
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| 1 | | conservation district shall: | 2 | | (1) evaluate existing assets, such as current | 3 | | practices, current cropping systems, crop processing
and | 4 | | market infrastructure, riparian buffers, wetlands, public | 5 | | lands, funding, education, research
and peer-to-peer | 6 | | training opportunities, and existing partnerships; | 7 | | (2) consider the eligible funding categories available | 8 | | through the Partners for Conservation Fund and the | 9 | | district's ability to advance healthy soils practices | 10 | | consistent with Natural Resource Conservation Service soil | 11 | | health principles within a soil and water conservation | 12 | | district service area; | 13 | | (3) determine vulnerabilities, such as runoff risk, | 14 | | riparian function, stormwater, floodplains and stream | 15 | | impairments, and observed and predicted impacts from | 16 | | climate change, especially to socially disadvantaged | 17 | | farmers, ranchers, and communities; | 18 | | (4) identify opportunities to conduct outreach to | 19 | | agricultural producers and landowners and to develop | 20 | | individual soil health plans; | 21 | | (5) establish goals for achieving measurable outcomes | 22 | | for soil health and farmer viability through voluntary and | 23 | | incentive-based activities. This includes identifying | 24 | | opportunities to support beginning, socially | 25 | | disadvantaged, and veteran farmers as well as small and | 26 | | mid-scale farmers; |
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| 1 | | (6) estimate 2-year funding levels needed from State, | 2 | | federal and private sources in order to achieve goals; and | 3 | | (7) identify opportunities to develop partnerships and | 4 | | leverage resources from local governments, utilities, and | 5 | | State and federal agencies. | 6 | | The Department shall identify shared goals and priorities | 7 | | between districts and shall assist in developing partnerships | 8 | | and shared funding approaches to maximize capacity and | 9 | | resources. Initial soil health assessments shall be submitted | 10 | | to the Department by September 1, 2024. | 11 | | (70 ILCS 405/22.03d new) | 12 | | Sec. 22.03d. Compliance and standards; cost sharing. To be | 13 | | eligible to receive State cost-share support after September | 14 | | 1, 2024, soil and water conservation districts shall have an | 15 | | updated soil health assessment. | 16 | | The Department shall update its rules and procedures for | 17 | | cost-share funding to be inclusive of all relevant soil health | 18 | | practices promoting the rapid adoption of cost-effective and | 19 | | technically feasible projects. Updates to the rules and | 20 | | procedures for State cost-share programs shall also address | 21 | | barriers to access experienced by beginning, socially | 22 | | disadvantaged, and veteran farmers. | 23 | | The Department may require results-based practices or the | 24 | | assessments of the environmental outcomes of projects, at the | 25 | | field or county level, as a condition of cost-share funding.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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