Full Text of SB3602 102nd General Assembly
SB3602 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3602 Introduced 1/19/2022, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED: |
| 525 ILCS 15/5 | from Ch. 96 1/2, par. 9105 |
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Amends the Illinois Forestry Development Act. Provides that in order to be eligible to submit a forest management plan to participate in the cost share program, a timber grower must own or operate at least 5 contiguous acres (instead of 10 contiguous acres) of land in this State on which timber is produced. Makes a corresponding change.
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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 Illinois Forestry Development Act is | 5 | | amended 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 | 8 | | and shall
be administered by the Department of Natural | 9 | | Resources.
| 10 | | A timber grower who desires to participate in the cost | 11 | | share program shall
devise a forest management plan. To be | 12 | | eligible to submit a proposed forest
management plan, a timber | 13 | | grower must own or operate at least 5 10
contiguous acres of | 14 | | land in this State on which timber is produced, except
that, no | 15 | | acre on which a permanent building is located shall be | 16 | | included
in calculations of acreage for the
purpose of | 17 | | determining eligibility. Timber growers with Department | 18 | | approved forest management plans covering less than 10 acres | 19 | | in effect on or before the effective date of this amendatory | 20 | | Act of the 96th General Assembly shall continue to be eligible | 21 | | under the Illinois Forestry Development Act provisions. The | 22 | | proposed forest management plan
shall include a description of | 23 | | the land to be managed under the plan, a
description of the |
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| 1 | | types of timber to be grown, a projected harvest schedule,
a | 2 | | description of forest management practices to be applied to | 3 | | the land,
an estimation of the cost
of such practices, plans | 4 | | for afforestation, plans for regenerative harvest
and | 5 | | reforestation, and a description of soil and water | 6 | | conservation goals
and wildlife habitat enhancement which will | 7 | | be served by implementation of the forest
management plan.
| 8 | | Upon receipt from a timber grower of a draft forest | 9 | | management plan,
the Department shall review the plan and, if | 10 | | necessary, assist the timber
grower to revise the plan. The | 11 | | Department shall officially approve acceptable
plans. Forest | 12 | | management plans shall be revised as necessary and all
| 13 | | revisions must be approved by the Department. A plan shall be | 14 | | evaluated every 2 years
for reapproval.
| 15 | | The eligible land shall be maintained in a forest | 16 | | condition for a
period of 10 years or until commercial | 17 | | harvest, whichever last occurs, as
required by the plan.
| 18 | | The Department shall enter into agreements with timber | 19 | | growers with approved forest
management plans under which the | 20 | | Department shall agree to pay
a share of the total cost of | 21 | | acceptable forest management
plans and practices implemented | 22 | | under the plan. The cost share amount
is up to 80% of the total | 23 | | cost of the forest management
practices for such practices | 24 | | approved to be funded from monies
appropriated for this | 25 | | purpose for subsequent fiscal years.
Cost share funds shall be | 26 | | paid from monies appropriated to the Department
by the General |
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| 1 | | Assembly for that purpose from the Illinois Forestry | 2 | | Development
Fund or any other fund in the State Treasury.
| 3 | | The Department, upon recommendations made to it by the | 4 | | Council, may
provide for the categorization of forest | 5 | | management practices and determine
an appropriate cost share | 6 | | percentage for each such category. Forest
management practices
| 7 | | submitted by timber growers on whose timber sales fees of 4% of | 8 | | the sale
amount were paid as provided in Section 9a of the | 9 | | "Timber Buyers Licensing
Act", approved September 1, 1969, may | 10 | | be accorded a priority for approval
within the assigned | 11 | | category. Such timber growers may receive a cost share
amount | 12 | | which is increased
above the amount for which they would | 13 | | otherwise qualify by an amount equal to the fees paid by the | 14 | | timber grower on sales occurring in the
2 fiscal years | 15 | | immediately preceding the fiscal year in
which the forest
| 16 | | management practices are approved and funded; provided, | 17 | | however, that the
total cost share amount shall not exceed the | 18 | | total cost of the approved forest
management practices.
| 19 | | Upon transfer of his or her right and interest in the land | 20 | | or a change in
land use, the timber grower shall forfeit all | 21 | | rights to future payments and
other benefits resulting from an | 22 | | approved plan and shall refund to the
Department all payments | 23 | | received therefrom during the previous 10 years
unless the | 24 | | transferee of any such land agrees with the Department to | 25 | | assume
all obligations under the plan.
| 26 | | (Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
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