30 ILCS 764/ Park and Recreational Facility Construction Act of 2009.

(30 ILCS 764/Art. 1 heading) ARTICLE 1. SHORT TITLE; PURPOSE (Uncodified provisions; text omitted)(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/Art. 5 heading) ARTICLE 5. AMENDATORY PROVISIONS (Amendatory provisions; text omitted)(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/Art. 10 heading) ARTICLE 10. PARK AND RECREATIONAL FACILITY CONSTRUCTION (Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-1)

Sec. 10-1. Short title. This Article may be cited as the Park and Recreational Facility Construction Act of 2009. References in this Article to "this Act" mean this Article.

(Source: P.A. 102-558, eff. 8-20-21.)

(30 ILCS 764/10-5)

Sec. 10-5. Definitions. As used in this Act:

"Department" means the Department of Natural Resources.

"Applicant" means a local government that files an application for grant under this Act.

"Director" means the Director of Natural Resources.

"Local government" includes counties, townships, municipalities, park districts, conservation districts, forest preserve districts, river conservancy districts, and any other unit of local government empowered to expend public funds for the acquisition and development of land for public outdoor park, recreation, or conservation purposes.

"Disadvantaged" means an eligible local government located within a Standard Metropolitan Statistical Area (SMSA) with a per capita equalized assessed valuation (EAV) less than 60% of the State average and more than 15% of the population below the national poverty level and not containing a University in the community, or a unit of government located outside an SMSA with an EAV less than 50% of the State average and more than 20% of its population below the poverty level and not containing a University in the community.

"Park or recreation unit construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation, of (i) capital facilities consisting of buildings, structures, and land for park or recreation purposes and (ii) open spaces and natural areas, as those terms are defined in Section 10 of the Illinois Open Land Trust Act.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-10)

Sec. 10-10. Grant awards. The Department is authorized to make grants for park or recreation unit construction projects with funds appropriated for that purpose from the Build Illinois Bond Fund.

No single construction project may be eligible to receive more than 10% of the amount so appropriated for any fiscal year, and no more than 10% of the total appropriation may be committed or expended on any one construction project described in an application under this Act.

Of the total amount of funds for construction projects awarded statewide, 20% shall be awarded to the Chicago Park District, provided that the Chicago Park District complies with the provisions of this Act, and 80% shall be awarded to local government units outside of the City of Chicago.

Any local government awarded a construction project grant under this Act shall be eligible for State funding assistance up to 75% of the approved project costs. Those local governments defined as "disadvantaged" shall be eligible for up to 90% State funding assistance, provided that no more than 10% of the amount so appropriated in any fiscal year under this Act is made available for such local governments.

No grant funds awarded by the Department pursuant to this Act shall be used for operational costs.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-15)

Sec. 10-15. Grants. Any local government may apply to the Department for a grant under this Act. An application must be in writing and contain a narrative description of the project, the legal description of the open lands to be acquired or used for the capital development project, a current appraisal performed by an Illinois licensed appraiser showing the fair market value of those lands to be acquired, the estimated project cost, identification of a source of continuous funding sufficient to maintain the new facilities to be created by capital development, the amount of the project cost the applicant proposes to provide, and such other information as required by the Department.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-20)

Sec. 10-20. Priorities for projects. In considering applications for grants under this Act, the Department shall give priority to projects that will provide the greatest benefit to the residents of the State, based upon criteria established by the Department in rules promulgated pursuant to this Act which reflect the useful life of existing facilities and improvements, address public health and safety needs, correct accessibility deficiencies, and reflect outdoor recreation needs and priorities, including handicap-accessible playground equipment, such as ramped, ground-level play features, accessible swings, wheelchair accessible tables, adjustable equipment, universally accessible swings, and transfer platforms, identified through the Department's Statewide Comprehensive Outdoor Recreation Plan (SCORP) Program. The Department shall prioritize projects that create parks universally designed to meet everyone's needs, ages, and mobility and where all equipment, and the park itself, is handicap-accessible over projects that would create parks where only some equipment, or only the park itself, is handicap-accessible.

(Source: P.A. 99-391, eff. 1-1-16; 100-381, eff. 8-25-17.)

(30 ILCS 764/10-25)

Sec. 10-25. Consideration of applications. The Department shall consider all applications for grants filed prior to a deadline established by the Department for a fiscal year before awarding any grants for that year. The Department shall evaluate those applications that have been timely filed in accordance with the rules promulgated by the Department pursuant to and consistent with the provisions of this Act.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-30)

Sec. 10-30. Supervision of park or recreation unit construction projects. The Department shall exercise general supervision over park or recreation unit construction projects financed pursuant to this Act. No project may be disapproved by the Department solely due to a park or recreation unit's selection of an architect or engineer.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-35)

Sec. 10-35. Limitation of grant award period. No grant awarded pursuant to this Act shall have an initial term exceeding 3 years beginning on the date of first execution of the grant agreement by the Department. Each local government awarded a grant under this Act may apply for one-year extensions of the grant term if unforeseen and uncontrollable delays in construction are experienced and documented. The grantee must provide written documentation to the Department that significant progress has been made toward completing the construction project and must provide a reasonable estimate of additional time needed for completion before an extension will be considered. If a construction project is terminated by the Department, unexpended funds may be used by the Department subject to appropriation.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-40)

Sec. 10-40. Rules. The Department shall promulgate such rules as it deems necessary for carrying out its responsibilities under the provisions of this Act.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/10-45)

Sec. 10-45. Progress reports. Progress reports on the implementation and development of this Act shall be filed no later than January 15 of every odd-numbered year with the Governor and the General Assembly until such time as funds are no longer appropriated for this program. Reports shall include a statement of goals and objectives and quantifiable support documentation as expenditures, allocation of funds by location, including performance and measurement criteria sufficient to enable the Governor and General Assembly to properly evaluate and review program effectiveness.

(Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/Art. 99 heading) ARTICLE 99. EFFECTIVE DATE (Source: P.A. 96-820, eff. 11-18-09.)

(30 ILCS 764/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 96-820, eff. 11-18-09.)