Illinois 2023-2024 Regular Session

Illinois House Bill HB1855 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0795
2	1		HB1855 EnrolledLRB103 28119 RLC 54498 b HB1855 Enrolled LRB103 28119 RLC 54498 b
3	2		HB1855 Enrolled LRB103 28119 RLC 54498 b
4		-	AN ACT concerning conservation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Forestry Development Act is
8		-	amended by changing Section 5 as follows:
9		-	(525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
10		-	Sec. 5. A forest development cost share program is created
11		-	and shall be administered by the Department of Natural
12		-	Resources.
13		-	A timber grower who desires to participate in the cost
14		-	share program shall devise a forest management plan. To be
15		-	eligible to submit a proposed forest management plan, a timber
16		-	grower must own or operate at least 10 contiguous acres of land
17		-	in this State on which timber is produced, except that, no acre
18		-	on which a permanent building is located shall be included in
19		-	calculations of acreage for the purpose of determining
20		-	eligibility. Timber growers with Department approved forest
21		-	management plans covering less than 10 acres in effect on or
22		-	before the effective date of this amendatory Act of the 96th
23		-	General Assembly shall continue to be eligible under the
24		-	Illinois Forestry Development Act provisions. The proposed
25		-	forest management plan shall include a description of the land
26		-	to be managed under the plan, a description of the types of
	3	+	1 AN ACT concerning conservation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Forestry Development Act is
	7	+	5 amended by changing Section 5 as follows:
	8	+	6 (525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
	9	+	7 Sec. 5. A forest development cost share program is created
	10	+	8 and shall be administered by the Department of Natural
	11	+	9 Resources.
	12	+	10 A timber grower who desires to participate in the cost
	13	+	11 share program shall devise a forest management plan. To be
	14	+	12 eligible to submit a proposed forest management plan, a timber
	15	+	13 grower must own or operate at least 10 contiguous acres of land
	16	+	14 in this State on which timber is produced, except that, no acre
	17	+	15 on which a permanent building is located shall be included in
	18	+	16 calculations of acreage for the purpose of determining
	19	+	17 eligibility. Timber growers with Department approved forest
	20	+	18 management plans covering less than 10 acres in effect on or
	21	+	19 before the effective date of this amendatory Act of the 96th
	22	+	20 General Assembly shall continue to be eligible under the
	23	+	21 Illinois Forestry Development Act provisions. The proposed
	24	+	22 forest management plan shall include a description of the land
	25	+	23 to be managed under the plan, a description of the types of
27	26
28	27
29	28
30	29		HB1855 Enrolled LRB103 28119 RLC 54498 b
31	30
32	31
33		-	timber to be grown, a projected harvest schedule, a
34		-	description of forest management practices to be applied to
35		-	the land, an estimation of the cost of such practices, plans
36		-	for afforestation, plans for regenerative harvest and
37		-	reforestation, and a description of soil and water
38		-	conservation goals and wildlife habitat enhancement which will
39		-	be served by implementation of the forest management plan.
40		-	Upon receipt from a timber grower of a draft forest
41		-	management plan, the Department shall review the plan and, if
42		-	necessary, assist the timber grower to revise the plan. The
43		-	Department shall officially approve acceptable plans. Forest
44		-	management plans shall be revised as necessary and all
45		-	revisions must be approved by the Department. A plan shall be
46		-	evaluated every 2 years for reapproval.
47		-	The eligible land shall be maintained in a forest
48		-	condition for a period of 10 years or until commercial
49		-	harvest, whichever last occurs, as required by the plan.
50		-	The Department shall enter into agreements with timber
51		-	growers with approved forest management plans under which the
52		-	Department shall agree to pay a share of the total cost of
53		-	acceptable forest management plans and practices implemented
54		-	under the plan. The cost share amount is up to 80% of the total
55		-	cost of the forest management practices for such practices
56		-	approved to be funded from monies appropriated for this
57		-	purpose for subsequent fiscal years. Cost share funds shall be
58		-	paid from monies appropriated to the Department by the General
	32	+	HB1855 Enrolled- 2 -LRB103 28119 RLC 54498 b HB1855 Enrolled - 2 - LRB103 28119 RLC 54498 b
	33	+	HB1855 Enrolled - 2 - LRB103 28119 RLC 54498 b
	34	+	1 timber to be grown, a projected harvest schedule, a
	35	+	2 description of forest management practices to be applied to
	36	+	3 the land, an estimation of the cost of such practices, plans
	37	+	4 for afforestation, plans for regenerative harvest and
	38	+	5 reforestation, and a description of soil and water
	39	+	6 conservation goals and wildlife habitat enhancement which will
	40	+	7 be served by implementation of the forest management plan.
	41	+	8 Upon receipt from a timber grower of a draft forest
	42	+	9 management plan, the Department shall review the plan and, if
	43	+	10 necessary, assist the timber grower to revise the plan. The
	44	+	11 Department shall officially approve acceptable plans. Forest
	45	+	12 management plans shall be revised as necessary and all
	46	+	13 revisions must be approved by the Department. A plan shall be
	47	+	14 evaluated every 2 years for reapproval.
	48	+	15 The eligible land shall be maintained in a forest
	49	+	16 condition for a period of 10 years or until commercial
	50	+	17 harvest, whichever last occurs, as required by the plan.
	51	+	18 The Department shall enter into agreements with timber
	52	+	19 growers with approved forest management plans under which the
	53	+	20 Department shall agree to pay a share of the total cost of
	54	+	21 acceptable forest management plans and practices implemented
	55	+	22 under the plan. The cost share amount is up to 80% of the total
	56	+	23 cost of the forest management practices for such practices
	57	+	24 approved to be funded from monies appropriated for this
	58	+	25 purpose for subsequent fiscal years. Cost share funds shall be
	59	+	26 paid from monies appropriated to the Department by the General
59	60
60	61
61		-	Assembly for that purpose from the Illinois Forestry
62		-	Development Fund or any other fund in the State Treasury.
63		-	Starting in 2025, the Department shall file a report in
64		-	writing to the General Assembly on or before March 1 of each
65		-	year with the following information from the preceding year:
66		-	the total number of agreements entered into pursuant to this
67		-	Section, the total amount of payments made pursuant to this
68		-	Section from the Illinois Forestry Development Fund, and the
69		-	total number of acres that were affected by the payments.
70		-	The Department, upon recommendations made to it by the
71		-	Council, may provide for the categorization of forest
72		-	management practices and determine an appropriate cost share
73		-	percentage for each such category. Forest management practices
74		-	submitted by timber growers on whose timber sales fees of 4% of
75		-	the sale amount were paid as provided in Section 9a of the
76		-	"Timber Buyers Licensing Act", approved September 1, 1969, may
77		-	be accorded a priority for approval within the assigned
78		-	category. Such timber growers may receive a cost share amount
79		-	which is increased above the amount for which they would
80		-	otherwise qualify by an amount equal to the fees paid by the
81		-	timber grower on sales occurring in the 2 fiscal years
82		-	immediately preceding the fiscal year in which the forest
83		-	management practices are approved and funded; provided,
84		-	however, that the total cost share amount shall not exceed the
85		-	total cost of the approved forest management practices.
86		-	Upon transfer of his or her right and interest in the land
87	62
88	63
89		-	or a change in land use, the timber grower shall forfeit all
90		-	rights to future payments and other benefits resulting from an
91		-	approved plan and shall refund to the Department all payments
92		-	received therefrom during the previous 10 years unless the
93		-	transferee of any such land agrees with the Department to
94		-	assume all obligations under the plan.
95		-	(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
	64	+
	65	+	HB1855 Enrolled - 2 - LRB103 28119 RLC 54498 b
	66	+
	67	+
	68	+	HB1855 Enrolled- 3 -LRB103 28119 RLC 54498 b HB1855 Enrolled - 3 - LRB103 28119 RLC 54498 b
	69	+	HB1855 Enrolled - 3 - LRB103 28119 RLC 54498 b
	70	+	1 Assembly for that purpose from the Illinois Forestry
	71	+	2 Development Fund or any other fund in the State Treasury.
	72	+	3 Starting in 2025, the Department shall file a report in
	73	+	4 writing to the General Assembly on or before March 1 of each
	74	+	5 year with the following information from the preceding year:
	75	+	6 the total number of agreements entered into pursuant to this
	76	+	7 Section, the total amount of payments made pursuant to this
	77	+	8 Section from the Illinois Forestry Development Fund, and the
	78	+	9 total number of acres that were affected by the payments.
	79	+	10 The Department, upon recommendations made to it by the
	80	+	11 Council, may provide for the categorization of forest
	81	+	12 management practices and determine an appropriate cost share
	82	+	13 percentage for each such category. Forest management practices
	83	+	14 submitted by timber growers on whose timber sales fees of 4% of
	84	+	15 the sale amount were paid as provided in Section 9a of the
	85	+	16 "Timber Buyers Licensing Act", approved September 1, 1969, may
	86	+	17 be accorded a priority for approval within the assigned
	87	+	18 category. Such timber growers may receive a cost share amount
	88	+	19 which is increased above the amount for which they would
	89	+	20 otherwise qualify by an amount equal to the fees paid by the
	90	+	21 timber grower on sales occurring in the 2 fiscal years
	91	+	22 immediately preceding the fiscal year in which the forest
	92	+	23 management practices are approved and funded; provided,
	93	+	24 however, that the total cost share amount shall not exceed the
	94	+	25 total cost of the approved forest management practices.
	95	+	26 Upon transfer of his or her right and interest in the land
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB1855 Enrolled - 3 - LRB103 28119 RLC 54498 b
	102	+
	103	+
	104	+	HB1855 Enrolled- 4 -LRB103 28119 RLC 54498 b HB1855 Enrolled - 4 - LRB103 28119 RLC 54498 b
	105	+	HB1855 Enrolled - 4 - LRB103 28119 RLC 54498 b
	106	+	1 or a change in land use, the timber grower shall forfeit all
	107	+	2 rights to future payments and other benefits resulting from an
	108	+	3 approved plan and shall refund to the Department all payments
	109	+	4 received therefrom during the previous 10 years unless the
	110	+	5 transferee of any such land agrees with the Department to
	111	+	6 assume all obligations under the plan.
	112	+	7 (Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
	113	+
	114	+
	115	+
	116	+
	117	+
	118	+	HB1855 Enrolled - 4 - LRB103 28119 RLC 54498 b