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| [ Senate Amendment 002 ] |
91_SB1087sam003
LRB9102804MWgcam05
1 AMENDMENT TO SENATE BILL 1087
2 AMENDMENT NO. . Amend Senate Bill 1087, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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
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1 corporations for the acquisition of land for conservation and
2 recreation purposes.
3 (f) It is necessary and desirable to provide assistance
4 in the form of grants and loans to units of local government
5 to acquire lands that have significant conservation and
6 recreation attributes.
7 Section 10. Definitions. As used in this Act:
8 "Conservation and recreation purposes" means activities
9 that are consistent with the protection and preservation of
10 open lands, natural areas, wetlands, prairies, forests,
11 watersheds, resource-rich areas, greenways, and fish and
12 wildlife habitats, including multiple use such as hunting,
13 fishing, trapping, and other recreational uses.
14 "Conservation easement" means a nonpossessory interest in
15 real property imposing limitations or affirmative obligations
16 the purposes of which include retaining or protecting
17 natural, scenic, or open-space values of real property,
18 assuring its availability for forest, recreational, or
19 open-space use, protecting natural resources, maintaining or
20 enhancing air or water quality, or preserving the natural,
21 historical, architectural, archacological, or cultural
22 aspects of real property. A conservation easement may be
23 released at any time by mutual consent of the parties.
24 "Department" means the Department of Natural Resources.
25 "Natural area" means an area of land that either retains
26 or has recovered to a substantial degree its original natural
27 or primeval character, though it need not be completely
28 undisturbed, or has floral, faunal, ecological, geological,
29 or archaeological features of scientific, educational,
30 scenic, or esthetic interest.
31 "Open space" means those undeveloped or minimally
32 developed lands that conserve and protect valuable natural
33 features or processes.
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1 "Real property" means land, including improvements
2 existing on the land.
3 "Units of local government" means counties, townships,
4 municipalities, park districts, conservation districts,
5 forest preserve districts, river conservancy districts, and
6 any other units of local government empowered to expend
7 public funds for the acquisition and development of land for
8 public outdoor park, recreation, or conservation purposes.
9 Section 15. Powers and duties. The Department of
10 Natural Resources has the following powers and duties:
11 (a) To develop and administer the Illinois Open Land
12 Trust program.
13 (b) To acquire real property, including, but not limited
14 to, open space and natural areas for conservation and
15 recreation purposes. The lands shall be held in (i) fee
16 simple title or (ii) conservation easements for natural
17 areas, provided that these mechanisms are all voluntary on
18 the part of the landowners and do not involve the use of
19 eminent domain.
20 (c) To make grants to units of local government under
21 Section 25 of this Act in consultation with the Natural
22 Resources Advisory Board.
23 (d) To make loans to units of local government under
24 Section 30 of this Act in consultation with the Natural
25 Resources Advisory Board.
26 (e) To promulgate any rules, regulations, guidelines, and
27 directives necessary to implement the purposes of this Act.
28 (f) To execute contracts, grant or loan agreements,
29 memoranda of understanding, intergovernmental cooperation
30 agreements, and any other agreements with other State
31 agencies and units of local government that are necessary to
32 implement this Act.
33 (g) To execute contracts, memoranda of understanding,
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1 and any other agreements with not-for-profit corporations
2 that are consistent with the purpose of this Act.
3 (h) To accept grants, loans, or appropriations from the
4 federal government or the State, or any agency or
5 instrumentality thereof, for the purposes of the Department
6 under this Act, including to make loans of any funds and to
7 enter into any agreement with the federal government or the
8 State, or any agency or instrumentality thereof, in
9 relationship to the grants, loans, or appropriations.
10 (i) To establish any interest rates, terms of repayment,
11 and other terms and conditions regarding loans made pursuant
12 to this Act that the Department deems necessary or
13 appropriate to protect the public interest and carry out the
14 purposes of this Act.
15 (j) To establish application, eligibility, selection,
16 notification, contract, and other procedures, rules, or
17 regulations deemed necessary and appropriate to carry out the
18 provisions of this Act.
19 (k) To fix, determine, charge, and collect any premiums,
20 fees, charges, costs, and expenses, including, without
21 limitation, any application fees, commitment fees, program
22 fees, or financing charges from any person in connection with
23 its activities under this Act.
24 (l) To report annually to the Governor and the General
25 Assembly on the progress made in implementing this Act and on
26 the status of all real property acquired pursuant to the Act.
27 Section 20. Illinois Open Land Trust Program. The
28 Department of Natural Resources shall develop and administer
29 the Illinois Open Land Trust Program. The purpose of the
30 program is to acquire real property, or conservation
31 easements for natural areas, from willing sellers for
32 conservation and recreation purposes. The land shall be
33 chosen because it will preserve and enhance Illinois' natural
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1 environment, create a system of open spaces and natural
2 lands, and improve the quality of life and provide recreation
3 opportunities for citizens of this State now and in the
4 future.
5 Section 25. Grant program. From appropriations for
6 these purposes, the Department may make grants to units of
7 local government as financial assistance for the acquisition
8 of open space and natural lands if the Department determines
9 that the property interests are sufficient to carry out the
10 purposes of this Act.
11 The Department shall adopt rules concerning the selection
12 or grant recipients, amount of grant awards, and eligibility
13 requirements. The rules must include the following
14 additional requirements:
15 (1) No more than $2,000,000 may be awarded to any
16 grantee for a single project for any fiscal year.
17 (2) Any grant under this Act must be conditioned
18 upon the grantee providing a required match as defined by
19 rule.
20 (3) Funds may be used only to purchase interests in
21 land from willing sellers and may not involve the use of
22 eminent domain.
23 (4) The Department shall provide for a public
24 meeting to be conducted by the Natural Resources Advisory
25 Board prior to grant approval.
26 (5) All real property acquired with grant funds must
27 be accessible to the public for conservation and
28 recreation purposes, unless the Department determines
29 that public accessibility would be detrimental to the
30 real property or any associated natural resources.
31 (6) No real property acquired with grant funds may
32 be sold, leased, exchanged, or otherwise encumbered,
33 unless it is used to qualify for a federal program or,
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1 subject to Department approval, transferred to the
2 federal government, the State, or a unit of local
3 government for conservation and recreation purposes
4 consistent with this Act.
5 (7) All grantees must agree to convey to the State
6 at no charge a conservation easement on the lands to be
7 acquired using the grant funds.
8 (8) Grantees must agree to manage lands in
9 accordance with the terms of the grant. Any changes in
10 management must be approved by the Department before
11 implementation.
12 (9) The Department is authorized to promulgate, by
13 rule, any other reasonable requirements determined
14 necessary to effectively implement this Act.
15 Section 30. Open Lands Loan Program. The Department
16 may establish an Open Lands Loan Program to make loans to
17 units of local government for the purpose of assisting in the
18 purchase of real property to protect open spaces and lands
19 with significant natural resource attributes. For purposes
20 of the program, and not by way of limitation on any other
21 purposes or programs provided for in this Act, there is
22 hereby established the Open Lands Loan Fund, a special fund
23 in the State treasury. The Department has the power to use
24 any appropriations from the State made for the purposes under
25 this Act and to enter into any intergovernmental agreements
26 with the federal government or the State, or any
27 instrumentality thereof, for purposes of capitalizing the
28 Open Lands Loan Fund. Moneys in the Open Lands Loan Fund may
29 be used for any purpose under the Open Lands Loan Program
30 including, without limitation, the making of loans permitted
31 under this Act.
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 receiving loans under
16 this Act to acquire real property must:
17 (A) agree to make and keep the lands accessible
18 to the public for conservation and recreation,
19 unless the Department determines that public
20 accessibility would be detrimental to the lands or
21 any natural resources associated with the land;
22 (B) agree that all real property acquired with
23 loan proceeds shall not be sold, leased, exchanged,
24 or otherwise encumbered unless it is used to qualify
25 for a federal program or, subject to Department
26 approval, transferred to the federal government, the
27 State, or a unit of local government for
28 conservation and recreation purposes consistent with
29 this Act;
30 (C) agree to execute and donate to the State
31 at no charge a conservation easement on the lands to
32 be acquired; and
33 (D) agree to manage lands in accordance with
34 the terms of the loan. Any changes in management
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1 must be approved by the Department before
2 implementation.
3 (2) Loans made by the Department to units of local
4 government must be secured by interests in collateral and
5 guarantees that the Department determines are necessary
6 to protect the Department's interest in the repayment of
7 the principal and interest, if any, of each loan made
8 under this Section.
9 (3) Loans made by the Department may be used only
10 to purchase interests in land from willing sellers and
11 may not involve the use of eminent domain.
12 (4) Borrowers may not use the proceeds from other
13 Department grant programs to repay loans made under this
14 program.
15 (5) Borrowers must agree to manage lands in
16 accordance with the terms of the loan. Any changes in
17 management must be approved by the Department before
18 implementation.
19 (6) The Department is authorized to promulgate, by
20 rule, other reasonable requirements necessary to
21 effectively implement this Act.
22 Section 35. Community Planning Allowance. As provided in
23 this Section, the Department is authorized to make grants to
24 units of local government for the acquisition, development,
25 construction, reconstruction, improvement, financing,
26 architectural planning, and installation of capital
27 facilities. The grants shall be available only in connection
28 with lands acquired under this Act by the Department in fee
29 simple title. The grants may be made to the units of local
30 government in which the lands are located in an amount equal
31 to 7% of the purchase price of the open space land acquired
32 for qualified projects.
33 This Section does not apply to (i) counties with a
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1 population greater than 3,000,000 or (ii) counties contiguous
2 to counties with a population greater than 3,000,000.
3 Section 810. The State Finance Act is amended by adding
4 Section 5.490 as follows:
5 (30 ILCS 105/5.490 new)
6 Sec. 5.490. The Open Lands Loan Fund.
7 Section 999. Effective date. This Act takes effect
8 upon becoming law.".