HB4189 103RD GENERAL ASSEMBLY

LRB103 34889 RLC 64756 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4189

Introduced 10/25/2023, by Rep. Nicholas K. Smith - Sonya M. Harper, Lance Yednock and William "Will" Davis

SYNOPSIS AS INTRODUCED:

525 ILCS 35/2.06 new
525 ILCS 35/3	from Ch. 85, par. 2103
525 ILCS 35/4	from Ch. 85, par. 2104
525 ILCS 35/5	from Ch. 85, par. 2105
525 ILCS 35/6	from Ch. 85, par. 2106
525 ILCS 35/7	from Ch. 85, par. 2107
525 ILCS 35/9	from Ch. 85, par. 2109

Amends the Open Space Lands Acquisition and Development Act. Provides that a local government that has submitted a distressed location project as defined by Department of Natural Resources rule shall be eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement projects on distressed location projects. Provides that no less than 10% of the amount appropriated under the Act in any fiscal year shall be made available as grants to distressed communities.

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Open Space Lands Acquisition and Development Act is amended by changing Sections 3, 4, 5, 6, 7, and 9 and by adding Section 2.06 as follows:

(525 ILCS 35/2.06 new)

Sec. 2.06. Distressed location project. "Distressed location project" means a proposal for the acquisition of open space lands or for the capital development of park, recreation, or conservation areas by a local government when the location of the project for the acquisition or capital development is located within a distressed area as determined by the Department through administrative rule.

(525 ILCS 35/3) (from Ch. 85, par. 2103)

Sec. 3. From appropriations made from the Capital Development Fund, Build Illinois Bond Fund or other available or designated funds for such purposes, the Department shall make grants to local governments as financial assistance for the capital development and improvement of park, recreation or conservation areas, marinas and shorelines, including planning and engineering costs, and for the acquisition of open space lands, including acquisition of easements and other property interests less than fee simple ownership if the Department determines that such property interests are sufficient to carry out the purposes of this Act, subject to the conditions and limitations set forth in this Act.

No more than 10% of the amount so appropriated for any fiscal year may be committed or expended on any one project or any one distressed location project described in an application under this Act.

Any Except for grants awarded from new appropriations in fiscal year 2023 and fiscal year 2024, any grant under this Act to a local government shall be conditioned upon the state providing assistance on a 50/50 matching basis for the acquisition of open space lands and for capital development and improvement proposals. However, a local government that is defined as a "distressed community" under criteria adopted by the Department through administrative rule or a local government that has submitted a "distressed location project" as defined under criteria adopted by the Department through administrative rule shall be eligible for assistance up to 100% 90% for the acquisition of open space lands and for capital development and improvement projects or distressed location projects. No proposals, provided that no more than 10% of the amount appropriated under this Act in any fiscal year shall be is made available as grants to distressed location projects local governments. No less than 10% of the amount appropriated under this Act in any fiscal year shall be made available as grants to distressed communities. For grants awarded from new appropriations in fiscal year 2023 and fiscal year 2024 only, a local government defined as "distressed" is eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement proposals. The Department may make more than 10% of the amount appropriated in fiscal year 2023 and fiscal year 2024 available as grants to distressed local governments.

An advance payment of a minimum of 50% of any grant made to a unit of local government under this Act must be paid to the unit of local government at the time the Department awards the grant. A unit of local government may opt out of the advanced payment option at the time of the award of the grant. The remainder of the grant shall be distributed to the local government quarterly on a reimbursement basis. The Department shall consider an applicant's request for an extension to a grant under this Act if (i) the advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act or (ii) no advanced payment was made.

(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)

(525 ILCS 35/4) (from Ch. 85, par. 2104)

Sec. 4. 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 or the distressed location project, the legal description of the open lands to be acquired or used for the capital development project or capital development of a distressed location project, a current appraisal showing the fair market value of those lands to be acquired, the project or distressed location 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 the Department reasonably requires.

(Source: P.A. 84-109.)

(525 ILCS 35/5) (from Ch. 85, par. 2105)

Sec. 5. In considering applications for grants under this Act, the Department shall give priority to distressed location projects and projects which (i) that will provide the greatest benefit to the residents of the areas of the State that which have the highest concentration or density of population, (ii) that which are based upon criteria established by the Department that which reflect outdoor recreation needs and priorities identified through the Statewide Comprehensive Outdoor Recreation Plan (SCORP) Program carried out by the Department, or (iii) that which are located in flood plain areas.

The total amount of grants made for any fiscal year may not exceed the amount of the appropriation for grants made for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/6) (from Ch. 85, par. 2106)

Sec. 6. The Department shall consider all applications for grants for a fiscal year before awarding any grants for that year. No consideration shall be given for that fiscal year to an application that has not been timely filed. If an application does not describe a distressed location project or a project that is compatible with the purposes of this Act, the Department shall deny that application. The Department shall evaluate those applications that have been timely filed and have been approved as being compatible with the purposes of this Act and, subject to the limits established by Section 3, list in order of priority the applicant, project, or distressed location project and dollar amount of each grant recommended to be awarded. The Department shall also indicate on the priority listing of approved projects or distressed location projects the last grant that which may be paid during that fiscal year because of the limit of moneys appropriated for grants for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/7) (from Ch. 85, par. 2107)

Sec. 7. Within 30 days after completing its consideration of applications for grants for a fiscal year, the Department shall notify each applicant of the disposition made of its application. The Department shall, in addition, direct the payment of grants to those applicants whose projects or distressed location projects have been approved and have been assigned a priority within the limits of the amounts appropriated for grants for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/9) (from Ch. 85, par. 2109)

Sec. 9. The Department shall adopt promulgate rules and regulations to effectuate the purposes of this Act, including, but not limited to, rules establishing the criteria and definitions that the Department shall use to determine what is a distressed location project.

(Source: P.A. 84-109.)