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| [ Senate Amendment 003 ] |
91_SB1087enr SB1087 Enrolled LRB9102804MWmbB 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 to acquire lands that have significant conservation and 28 recreation attributes. 29 Section 10. Definitions. As used in this Act: 30 "Conservation and recreation purposes" means activities SB1087 Enrolled -2- LRB9102804MWmbB 1 that are consistent with the protection and preservation of 2 open lands, natural areas, wetlands, prairies, forests, 3 watersheds, resource-rich areas, greenways, and fish and 4 wildlife habitats, including multiple use such as hunting, 5 fishing, trapping, and other recreational uses. 6 "Conservation easement" means a nonpossessory interest in 7 real property imposing limitations or affirmative obligations 8 the purposes of which include retaining or protecting 9 natural, scenic, or open-space values of real property, 10 assuring its availability for forest, recreational, or 11 open-space use, protecting natural resources, maintaining or 12 enhancing air or water quality, or preserving the natural, 13 historical, architectural, archacological, or cultural 14 aspects of real property. A conservation easement may be 15 released at any time by mutual consent of the parties. 16 "Department" means the Department of Natural Resources. 17 "Natural area" means an area of land that either retains 18 or has recovered to a substantial degree its original natural 19 or primeval character, though it need not be completely 20 undisturbed, or has floral, faunal, ecological, geological, 21 or archaeological features of scientific, educational, 22 scenic, or esthetic interest. 23 "Open space" means those undeveloped or minimally 24 developed lands that conserve and protect valuable natural 25 features or processes. 26 "Real property" means land, including improvements 27 existing on the land. 28 "Units of local government" means counties, townships, 29 municipalities, park districts, conservation districts, 30 forest preserve districts, river conservancy districts, and 31 any other units of local government empowered to expend 32 public funds for the acquisition and development of land for 33 public outdoor park, recreation, or conservation purposes. SB1087 Enrolled -3- LRB9102804MWmbB 1 Section 15. Powers and duties. The Department of 2 Natural Resources has the following powers and duties: 3 (a) To develop and administer the Illinois Open Land 4 Trust program. 5 (b) To acquire real property, including, but not limited 6 to, open space and natural areas for conservation and 7 recreation purposes. The lands shall be held in (i) fee 8 simple title or (ii) conservation easements for natural 9 areas, provided that these mechanisms are all voluntary on 10 the part of the landowners and do not involve the use of 11 eminent domain. 12 (c) To make grants to units of local government under 13 Section 25 of this Act in consultation with the Natural 14 Resources Advisory Board. 15 (d) To make loans to units of local government under 16 Section 30 of this Act in consultation with the Natural 17 Resources Advisory Board. 18 (e) To promulgate any rules, regulations, guidelines, and 19 directives necessary to implement the purposes of this Act. 20 (f) To execute contracts, grant or loan agreements, 21 memoranda of understanding, intergovernmental cooperation 22 agreements, and any other agreements with other State 23 agencies and units of local government that are necessary to 24 implement this Act. 25 (g) To execute contracts, memoranda of understanding, 26 and any other agreements with not-for-profit corporations 27 that are consistent with the purpose of this Act. 28 (h) To accept grants, loans, or appropriations from the 29 federal government or the State, or any agency or 30 instrumentality thereof, for the purposes of the Department 31 under this Act, including to make loans of any funds and to 32 enter into any agreement with the federal government or the 33 State, or any agency or instrumentality thereof, in 34 relationship to the grants, loans, or appropriations. SB1087 Enrolled -4- LRB9102804MWmbB 1 (i) To establish any interest rates, terms of repayment, 2 and other terms and conditions regarding loans made pursuant 3 to this Act that the Department deems necessary or 4 appropriate to protect the public interest and carry out the 5 purposes of this Act. 6 (j) To establish application, eligibility, selection, 7 notification, contract, and other procedures, rules, or 8 regulations deemed necessary and appropriate to carry out the 9 provisions of this Act. 10 (k) To fix, determine, charge, and collect any premiums, 11 fees, charges, costs, and expenses, including, without 12 limitation, any application fees, commitment fees, program 13 fees, or financing charges from any person in connection with 14 its activities under this Act. 15 (l) To report annually to the Governor and the General 16 Assembly on the progress made in implementing this Act and on 17 the status of all real property acquired pursuant to the Act. 18 Section 20. Illinois Open Land Trust Program. The 19 Department of Natural Resources shall develop and administer 20 the Illinois Open Land Trust Program. The purpose of the 21 program is to acquire real property, or conservation 22 easements for natural areas, from willing sellers for 23 conservation and recreation purposes. The land shall be 24 chosen because it will preserve and enhance Illinois' natural 25 environment, create a system of open spaces and natural 26 lands, and improve the quality of life and provide recreation 27 opportunities for citizens of this State now and in the 28 future. 29 Section 25. Grant program. From appropriations for 30 these purposes, the Department may make grants to units of 31 local government as financial assistance for the acquisition 32 of open space and natural lands if the Department determines SB1087 Enrolled -5- LRB9102804MWmbB 1 that the property interests are sufficient to carry out the 2 purposes of this Act. 3 The Department shall adopt rules concerning the selection 4 or grant recipients, amount of grant awards, and eligibility 5 requirements. The rules must include the following 6 additional requirements: 7 (1) No more than $2,000,000 may be awarded to any 8 grantee for a single project for any fiscal year. 9 (2) Any grant under this Act must be conditioned 10 upon the grantee providing a required match as defined by 11 rule. 12 (3) Funds may be used only to purchase interests in 13 land from willing sellers and may not involve the use of 14 eminent domain. 15 (4) The Department shall provide for a public 16 meeting to be conducted by the Natural Resources Advisory 17 Board prior to grant approval. 18 (5) All real property acquired with grant funds must 19 be accessible to the public for conservation and 20 recreation purposes, unless the Department determines 21 that public accessibility would be detrimental to the 22 real property or any associated natural resources. 23 (6) No real property acquired with grant funds may 24 be sold, leased, exchanged, or otherwise encumbered, 25 unless it is used to qualify for a federal program or, 26 subject to Department approval, transferred to the 27 federal government, the State, or a unit of local 28 government for conservation and recreation purposes 29 consistent with this Act. 30 (7) 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 (8) Grantees must agree to manage lands in 34 accordance with the terms of the grant. Any changes in SB1087 Enrolled -6- LRB9102804MWmbB 1 management must be approved by the Department before 2 implementation. 3 (9) 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 for the purpose of assisting in the 9 purchase of real property to protect open spaces and lands 10 with significant natural resource attributes. For purposes 11 of the program, and not by way of limitation on any other 12 purposes or programs provided for in this Act, there is 13 hereby established the Open Lands Loan Fund, a special fund 14 in the State treasury. The Department has the power to use 15 any appropriations from the State made for the purposes under 16 this Act and to enter into any intergovernmental agreements 17 with the federal government or the State, or any 18 instrumentality thereof, for purposes of capitalizing the 19 Open Lands Loan Fund. Moneys in the Open Lands Loan Fund may 20 be used for any purpose under the Open Lands Loan Program 21 including, without limitation, the making of loans permitted 22 under this Act. 23 The Department may establish and collect any fees and 24 charges, determine and enforce any terms and conditions, and 25 charge any interest rates that it determines to be necessary 26 and appropriate to the successful administration of the Open 27 Lands Loan Program. All principal and interest repayments on 28 loans made using funds withdrawn from the Open Lands Loan 29 Fund shall be deposited into the Open Lands Loan Fund to be 30 used for the purposes of the Open Lands Loan program or for 31 any other purpose under this Act that the Department, in its 32 discretion, finds appropriate. Investment earnings on moneys 33 held in the Open Lands Loan Fund or in any reserve fund or SB1087 Enrolled -7- LRB9102804MWmbB 1 pledged fund created with funds withdrawn from the Open Lands 2 Loan Fund must be treated in the same way as loan repayments. 3 The Department shall promulgate rules concerning selection 4 and eligibility requirements. The rules shall include the 5 following additional requirements: 6 (1) Units of local government receiving loans under 7 this Act to acquire real property must: 8 (A) agree to make and keep the lands accessible 9 to the public for conservation and recreation, 10 unless the Department determines that public 11 accessibility would be detrimental to the lands or 12 any natural resources associated with the land; 13 (B) agree that all real property acquired with 14 loan proceeds shall not be sold, leased, exchanged, 15 or otherwise encumbered unless it is used to qualify 16 for a federal program or, subject to Department 17 approval, transferred to the federal government, the 18 State, or a unit of local government for 19 conservation and recreation purposes consistent with 20 this Act; 21 (C) agree to execute and donate to the State 22 at no charge a conservation easement on the lands to 23 be acquired; and 24 (D) agree to manage lands in accordance with 25 the terms of the loan. Any changes in management 26 must be approved by the Department before 27 implementation. 28 (2) Loans made by the Department to units of local 29 government must be secured by interests in collateral and 30 guarantees that the Department determines are necessary 31 to protect the Department's interest in the repayment of 32 the principal and interest, if any, of each loan made 33 under this Section. 34 (3) Loans made by the Department may be used only SB1087 Enrolled -8- LRB9102804MWmbB 1 to purchase interests in land from willing sellers and 2 may not involve the use of eminent domain. 3 (4) Borrowers may not use the proceeds from other 4 Department grant programs to repay loans made under this 5 program. 6 (5) Borrowers must agree to manage lands in 7 accordance with the terms of the loan. Any changes in 8 management must be approved by the Department before 9 implementation. 10 (6) The Department is authorized to promulgate, by 11 rule, other reasonable requirements necessary to 12 effectively implement this Act. 13 Section 35. Community Planning Allowance. As provided in 14 this Section, the Department is authorized to make grants to 15 units of local government for the acquisition, development, 16 construction, reconstruction, improvement, financing, 17 architectural planning, and installation of capital 18 facilities. The grants shall be available only in connection 19 with lands acquired under this Act by the Department in fee 20 simple title. The grants may be made to the units of local 21 government in which the lands are located in an amount equal 22 to 7% of the purchase price of the open space land acquired 23 for qualified projects. 24 This Section does not apply to (i) counties with a 25 population greater than 3,000,000 or (ii) counties contiguous 26 to counties with a population greater than 3,000,000. 27 Section 810. The State Finance Act is amended by adding 28 Section 5.490 as follows: 29 (30 ILCS 105/5.490 new) 30 Sec. 5.490. The Open Lands Loan Fund. SB1087 Enrolled -9- LRB9102804MWmbB 1 Section 999. Effective date. This Act takes effect 2 upon becoming law.