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91_SB1087
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1 AN ACT concerning Illinois' open spaces and natural
2 lands.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Illinois Open Land Trust Act.
7 Section 5. Policy.
8 (a) The provision of lands for the conservation of
9 natural resources and public recreation promote the public
10 health, prosperity, and general welfare and are proper
11 responsibilities of State government.
12 (b) Lands now dedicated to these purposes are not
13 adequate to protect the quality of life and meet the needs of
14 an expanding population.
15 (c) Natural areas, wetlands, forests, prairies, open
16 spaces, and greenways provide critical habitat for fish and
17 wildlife and are in need of protection.
18 (d) The opportunity to acquire lands that are available
19 and appropriate for these purposes will gradually disappear
20 as their cost correspondingly increases.
21 (e) It is desirable to encourage partnerships among
22 federal, State, and local governments and not-for-profit
23 corporations for the acquisition of land for conservation and
24 recreation purposes.
25 (f) It is necessary and desirable to provide assistance
26 in the form of grants and loans to units of local government
27 and to qualifying tax exempt not-for-profit corporations to
28 acquire lands that have significant conservation and
29 recreation attributes.
30 (g) Agriculture is an essential component in the economic
31 prosperity and well-being of the State, and it is desirable
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1 to provide funds to acquire development rights on farmlands
2 to preserve valuable agricultural land and to protect natural
3 resources.
4 Section 10. Definitions. As used in this Act:
5 "Conservation and recreation purposes" means activities
6 that are consistent with the protection and preservation of
7 open lands, natural areas, wetlands, prairies, forests,
8 watersheds, resource-rich areas, greenways, and fish and
9 wildlife habitats.
10 "Conservation easement" means a conservation right in
11 real property as defined in the Real Property Conservation
12 Rights Act.
13 "Department" means the Department of Natural Resources.
14 "Development right" means a perpetual interest in and the
15 right to use land for any and all purposes and activities
16 that are not incidental to agricultural use.
17 "Farmland" means lands included in a designated
18 agricultural area under the Agricultural Areas Conservation
19 and Protection Act or lands devoted to the production of
20 agricultural products.
21 "Not-for-profit corporation" means a non-profit
22 corporation or trust that has received income tax exempt
23 status under Section 501(c)(3) of the Internal Revenue Code
24 and whose articles of incorporation include the acquisition
25 and preservation of land as a specific duty and purpose.
26 "Open space" means those undeveloped or minimally
27 developed lands that conserve and protect valuable natural
28 features or processes.
29 "Real property" means land, including improvements
30 existing on the land.
31 "Units of local government" means counties, townships,
32 municipalities, park districts, conservation districts,
33 forest preserve districts, river conservancy districts, and
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1 any other units of local government empowered to expend
2 public funds for the acquisition and development of land for
3 public outdoor park, recreation, or conservation purposes.
4 Section 15. Powers and duties. The Department of
5 Natural Resources has the following powers and duties:
6 (a) To develop and administer the Illinois Open Land
7 Trust program.
8 (b) To acquire or lease-purchase real property,
9 including, but not limited to, open space and natural areas.
10 The lands may be held in fee simple title or in any other
11 lesser title that may be adequate to meet the purposes of
12 this Act.
13 (c) To make grants to units of local government and
14 not-for-profit corporations under Section 25 of this Act in
15 consultation with the Natural Resources Advisory Board.
16 (d) To make loans to units of local government and
17 not-for-profit corporations under Section 30 of this Act in
18 consultation with the Natural Resources Advisory Board.
19 (e) To purchase development rights, and to make available
20 funds to the Department of Agriculture for the acquisition of
21 development rights, for farmland preservation under Section
22 35 of this Act.
23 (f) To promulgate any rules, regulations, guidelines, and
24 directives necessary to implement the purposes of this Act.
25 (g) To execute contracts, grant or loan agreements,
26 memoranda of understanding, intergovernmental cooperation
27 agreements, and any other agreements with other State
28 agencies and units of local government, as well as for-profit
29 and not-for-profit corporations, that are necessary to
30 implement this Act.
31 (h) To accept grants, loans, or appropriations from the
32 federal government or the State, or any agency or
33 instrumentality thereof, for the purposes of the Department
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1 under this Act, including to make loans of any funds and to
2 enter into any agreement with the federal government or the
3 State, or any agency or instrumentality thereof, in
4 relationship to the grants, loans, or appropriations.
5 (i) To establish any interest rates, terms of repayment,
6 and other terms and conditions regarding loans made pursuant
7 to this Act that the Department deems necessary or
8 appropriate to protect the public interest and carry out the
9 purposes of this Act.
10 (j) To establish application, eligibility, selection,
11 notification, contract, and other procedures, rules, or
12 regulations deemed necessary and appropriate to carry out the
13 provisions of this Act.
14 (k) To fix, determine, charge, and collect any premiums,
15 fees, charges, costs, and expenses, including, without
16 limitation, any application fees, commitment fees, program
17 fees, or financing charges from any person in connection with
18 its activities under this Act.
19 (l) To report annually to the Governor and the General
20 Assembly on the progress made in implementing this Act and on
21 the status of all real property acquired pursuant to the Act.
22 Section 20. Illinois Open Land Trust Program. The
23 Department of Natural Resources shall develop and administer
24 the Illinois Open Land Trust Program. The purpose of the
25 program is to acquire real property, or any lesser interest
26 in real property, for conservation and recreation purposes.
27 The land shall be chosen because it will preserve and enhance
28 Illinois' natural environment, create a system of open spaces
29 and natural lands, preserve and protect farmland, and improve
30 the quality of life and provide recreation opportunities for
31 citizens of this State now and in the future.
32 Section 25. Grant program. From appropriations for
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1 these purposes, the Department may make grants to units of
2 local government and not-for-profit corporations as financial
3 assistance for the acquisition of open space and natural
4 lands, including acquisition of easements and other property
5 interests less than fee simple title, if the Department
6 determines that the property interests are sufficient to
7 carry out the purposes of this Act.
8 The Department shall adopt rules concerning the selection
9 or grant recipients, amount of grant awards, and eligibility
10 requirements. The rules must include the following
11 additional requirements:
12 (1) No more than $2,000,000 may be awarded to any
13 grantee for a single project for any fiscal year.
14 (2) Any grant under this Act must be conditioned
15 upon the grantee providing a required match as defined by
16 rule.
17 (3) All real property acquired with grant funds must
18 be accessible to the public for conservation and
19 recreation purposes, unless the Department determines
20 that public accessibility would be detrimental to the
21 real property or any associated natural resources.
22 (4) No real property acquired with grant funds may
23 be sold, leased, exchanged, or otherwise encumbered,
24 unless it is used to qualify for a federal program or,
25 subject to Department approval, transferred to the
26 federal government, the State, a unit of local
27 government, or another qualifying not-for-profit
28 corporation for conservation and recreation purposes
29 consistent with this Act.
30 (5) All grantees must agree to convey to the State
31 at no charge a conservation easement on the lands to be
32 acquired using the grant funds.
33 (6) Grantees must agree to manage lands in
34 accordance with the terms of the grant. Any changes in
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1 management must be approved by the Department before
2 implementation.
3 (7) The Department is authorized to promulgate, by
4 rule, any other reasonable requirements determined
5 necessary to effectively implement this Act.
6 Section 30. Open Lands Loan Program. The Department
7 may establish an Open Lands Loan Program to make loans to
8 units of local government and not-for-profit corporations for
9 the purpose of assisting in the purchase or lease-purchase of
10 real property to protect open spaces and lands with
11 significant natural resource attributes. For purposes of the
12 program, and not by way of limitation on any other purposes
13 or programs provided for in this Act, there is hereby
14 established the Open Lands Loan Fund, a special fund in the
15 State treasury. The Department has the power to use any
16 appropriations from the State made for the purposes under
17 this Act and to enter into any intergovernmental agreements
18 with the federal government or the State, or any
19 instrumentality thereof, for purposes of capitalizing the
20 Open Lands Loan Fund. Moneys in the Open Lands Loan Fund may
21 be used for any purpose under the Open Lands Loan Program
22 including, without limitation, the making of loans permitted
23 under this Act and the creation of reserve funds or pledged
24 funds that secure the obligations of repayment of loans made
25 to units of local government and not-for-profit corporations
26 by third parties in order to accomplish the purposes of this
27 Act. For the purpose of obtaining capital for deposit into
28 the Open Lands Loan Fund, the Department may also enter into
29 agreements with financial institutions and other persons for
30 the purpose of selling loans and developing a secondary
31 market for the loans.
32 The Department may establish and collect any fees and
33 charges, determine and enforce any terms and conditions, and
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1 charge any interest rates that it determines to be necessary
2 and appropriate to the successful administration of the Open
3 Lands Loan Program. All principal and interest repayments on
4 loans made using funds withdrawn from the Open Lands Loan
5 Fund shall be deposited into the Open Lands Loan Fund to be
6 used for the purposes of the Open Lands Loan program or for
7 any other purpose under this Act that the Department, in its
8 discretion, finds appropriate. Investment earnings on moneys
9 held in the Open Lands Loan Fund or in any reserve fund or
10 pledged fund created with funds withdrawn from the Open Lands
11 Loan Fund must be treated in the same way as loan repayments.
12 The Department shall promulgate rules concerning selection
13 and eligibility requirements. The rules shall include the
14 following additional requirements:
15 (1) Units of local government and not-for-profit
16 corporations receiving loans under this Act to acquire
17 real property must:
18 (A) agree to make and keep the lands accessible
19 to the public for conservation and recreation,
20 unless the Department determines that public
21 accessibility would be detrimental to the lands or
22 any natural resources associated with the land;
23 (B) agree that all real property acquired or
24 lease-purchased with loan proceeds shall not be
25 sold, leased, exchanged, or otherwise encumbered
26 unless it is used to qualify for a federal program
27 or, subject to Department approval, transferred to
28 the federal government, the State, a unit of local
29 government, or another qualifying not-for-profit
30 corporation for conservation and recreation purposes
31 consistent with this Act; and
32 (C) agree to execute and donate to the State at
33 no charge a conservation easement on the lands to be
34 acquired.
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1 (2) Loans made by the Department to units of local
2 government and not-for-profit corporations must be
3 secured by interests in collateral and guarantees that
4 the Department determines are necessary to protect the
5 Department's interest in the repayment of the principal
6 and interest, if any, of each loan made under this
7 Section.
8 (3) Borrowers may not use the proceeds from other
9 Department grant programs to repay loans made under this
10 program.
11 (4) Borrowers must agree to manage lands in
12 accordance with the terms of the loan. Any changes in
13 management must be approved by the Department before
14 implementation.
15 (5) The Department is authorized to promulgate, by
16 rule, other reasonable requirements necessary to
17 effectively implement this Act.
18 Section 35. Development rights. A Rural Legacy program
19 is hereby established to enhance farmland protection while
20 maintaining the viability of resource-based land use and
21 proper management of tillable and wooded areas through
22 agricultural and silvicultural practices. The Department
23 shall cooperate with the Department of Agriculture in
24 developing a program to purchase development rights for
25 farmland preservation. Funding for this program may be 10%
26 of the total amount available for the Illinois Open Land
27 Trust Program. The Department of Agriculture shall, in
28 cooperation with the Department, promulgate rules concerning
29 selection, criteria, and eligibility requirements. The rules
30 must include the following additional requirements:
31 (1) Selection and acquisition must be consistent
32 with the open space objectives of this Act.
33 (2) Public access for conservation and recreation
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1 may be an allowable activity at the discretion of the
2 landowner.
3 (3) Development rights acquisition must be limited
4 to those farming operations that will enhance the open
5 space purpose of this Act.
6 (4) Funds may be used to purchase interests in
7 farmland from willing sellers. The interests acquired
8 under this program must be perpetual and may not be
9 altered or transferred except as provided in paragraph
10 (5) of this Section.
11 (5) The transfer of development rights subsequent
12 to the original purchase may be considered subject to the
13 demonstration of an imperative public need, a
14 recommendation of the Department, and the approval of the
15 Governor.
16 (6) Any other reasonable requirement as determined
17 by the Department of Agriculture, in consultation with
18 the Department, that is necessary to effectively
19 implement this Act.
20 The Department of Agriculture shall annually report to
21 the Governor and the General Assembly on the status of this
22 program.
23 Section 40. Community Planning Allowance. The
24 Department is authorized to make payments to assist units of
25 local government in the implementation of actions that will
26 protect, preserve, or enhance acquired open spaces or to
27 manage the collateral effects of the acquisitions. These
28 payments shall be applicable only for lands acquired in fee
29 simple title by the Department under this Act. A one-time
30 payment shall be made to the county in an amount equal to 7%
31 of the purchase price paid for the open space land acquired.
32 Payment shall be made to the county treasurer who shall
33 distribute the proceeds pro rata to the appropriate entities
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1 with jurisdiction over the property.
2 This Section does not apply to (i) counties with a
3 population greater than 3,000,000 or (ii) counties contiguous
4 to counties with a population greater than 3,000,000.
5 Section 805. The Civil Administrative Code of Illinois
6 is amended by changing Section 40.28 as follows:
7 (20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
8 Sec. 40.28. To provide information and assistance to
9 farmland owners in this State regarding the economic and soil
10 and water conservation benefits that can be attained through
11 forestry management on marginal lands and; to promote
12 farmland preservation, including the acquisition of
13 development rights under the Illinois Open Land Trust Act.
14 (Source: P.A. 84-295.)
15 Section 810. The State Finance Act is amended by adding
16 Section 5.490 as follows:
17 (30 ILCS 105/5.490 new)
18 Sec. 5.490. The Open Lands Loan Fund.
19 Section 999. Effective date. This Act takes effect
20 upon becoming law.