Illinois 2023-2024 Regular Session

Illinois House Bill HB2468 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2468 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new Creates the Farmland Conservancy Program Act. Creates the Farmland Conservancy Program Fund in the State treasury. Provides that the moneys in the fund shall, upon appropriation by the General Assembly, be used for the purposes of the program, which include the purchase of agricultural conservation easements, fee title acquisition grants, land improvement and planning grants, technical assistance grants, technical assistance provided by the Department of Agriculture, technology transfer activities of the Department, and administrative costs incurred by the Department in administering the program. Provides that not less than 25% of funds shall be provided to applicants that lease or sell to socially disadvantaged farmers. Provides that moneys in the fund shall also be available for the following purposes: (1) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; (2) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement; (3) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; and (4) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement. Amends the State Finance Act to make a conforming change. LRB103 25491 RLC 51840 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2468 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new Creates the Farmland Conservancy Program Act. Creates the Farmland Conservancy Program Fund in the State treasury. Provides that the moneys in the fund shall, upon appropriation by the General Assembly, be used for the purposes of the program, which include the purchase of agricultural conservation easements, fee title acquisition grants, land improvement and planning grants, technical assistance grants, technical assistance provided by the Department of Agriculture, technology transfer activities of the Department, and administrative costs incurred by the Department in administering the program. Provides that not less than 25% of funds shall be provided to applicants that lease or sell to socially disadvantaged farmers. Provides that moneys in the fund shall also be available for the following purposes: (1) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; (2) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement; (3) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; and (4) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement. Amends the State Finance Act to make a conforming change. LRB103 25491 RLC 51840 b LRB103 25491 RLC 51840 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2468 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
4	4	New Act
5	5	30 ILCS 105/5.990 new
6	6	Creates the Farmland Conservancy Program Act. Creates the Farmland Conservancy Program Fund in the State treasury. Provides that the moneys in the fund shall, upon appropriation by the General Assembly, be used for the purposes of the program, which include the purchase of agricultural conservation easements, fee title acquisition grants, land improvement and planning grants, technical assistance grants, technical assistance provided by the Department of Agriculture, technology transfer activities of the Department, and administrative costs incurred by the Department in administering the program. Provides that not less than 25% of funds shall be provided to applicants that lease or sell to socially disadvantaged farmers. Provides that moneys in the fund shall also be available for the following purposes: (1) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; (2) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement; (3) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; and (4) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement. Amends the State Finance Act to make a conforming change.
7	7	LRB103 25491 RLC 51840 b LRB103 25491 RLC 51840 b
8	8	LRB103 25491 RLC 51840 b
9	9	A BILL FOR
10	10	HB2468LRB103 25491 RLC 51840 b HB2468 LRB103 25491 RLC 51840 b
11	11	HB2468 LRB103 25491 RLC 51840 b
12	12	1 AN ACT concerning agriculture.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Farmland Conservancy Program Act.
17	17	6 Section 5. Findings; intent.
18	18	7 (a) The General Assembly finds that:
19	19	8 (1) The agricultural lands of this State contribute
20	20	9 substantially to the State, national, and world food
21	21	10 supply and are a vital part of the state's economy.
22	22	11 (2) Illinois has lost 3,600,000 acres of farmland
23	23	12 since 1950, an average of almost 77,000 acres each year.
24	24	13 From 1950 to 1990, the population of the United States
25	25	14 increased by more than 97,000,000, and Illinois'
26	26	15 population increased by more than 2,700,000. As the
27	27	16 world's population continues to grow, so will the need for
28	28	17 food and other goods produced from agricultural
29	29	18 commodities. Preserving farmland is necessary to meet the
30	30	19 needs of people in Illinois, the United States, and around
31	31	20 the globe.
32	32	21 (3) This conversion of agricultural land permanently
33	33	22 impedes Illinois's current and future ability to store
34	34	23 carbon, maintain resilient regional ecosystems, and
35	35
36	36
37	37
38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2468 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
39	39	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
40	40	New Act
41	41	30 ILCS 105/5.990 new
42	42	Creates the Farmland Conservancy Program Act. Creates the Farmland Conservancy Program Fund in the State treasury. Provides that the moneys in the fund shall, upon appropriation by the General Assembly, be used for the purposes of the program, which include the purchase of agricultural conservation easements, fee title acquisition grants, land improvement and planning grants, technical assistance grants, technical assistance provided by the Department of Agriculture, technology transfer activities of the Department, and administrative costs incurred by the Department in administering the program. Provides that not less than 25% of funds shall be provided to applicants that lease or sell to socially disadvantaged farmers. Provides that moneys in the fund shall also be available for the following purposes: (1) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; (2) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement; (3) to provide technical assistance grants to eligible assistance entities in support of socially disadvantaged farmers who are seeking financing for land acquisition or leasing; and (4) to provide acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers, including, but not limited to, down payment assistance, interest rate assistance, direct costs incidental to acquisition, and infrastructure for land improvement. Amends the State Finance Act to make a conforming change.
43	43	LRB103 25491 RLC 51840 b LRB103 25491 RLC 51840 b
44	44	LRB103 25491 RLC 51840 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	New Act
52	52	30 ILCS 105/5.990 new
53	53
54	54
55	55
56	56	LRB103 25491 RLC 51840 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	HB2468 LRB103 25491 RLC 51840 b
67	67
68	68
69	69	HB2468- 2 -LRB103 25491 RLC 51840 b HB2468 - 2 - LRB103 25491 RLC 51840 b
70	70	HB2468 - 2 - LRB103 25491 RLC 51840 b
71	71	1 produce food.
72	72	2 (4) The growing population and expanding economy of
73	73	3 this State have had a profound impact on the ability of the
74	74	4 public and private sectors to conserve land for the
75	75	5 production of food and fiber, especially agricultural land
76	76	6 around urban areas.
77	77	7 (5) Agricultural lands near urban areas that are
78	78	8 maintained in productive agricultural use are a
79	79	9 significant part of Illinois' agricultural heritage. These
80	80	10 lands contribute to the economic betterment of local areas
81	81	11 and the entire State and are an important source of food,
82	82	12 fiber, and other agricultural products. Conserving these
83	83	13 lands is necessary due to increasing development pressures
84	84	14 and the effects of urbanization on farmlands close to
85	85	15 municipalities.
86	86	16 (6) The long-term conservation of agricultural land is
87	87	17 necessary to safeguard an adequate supply of agricultural
88	88	18 land and to balance the increasing development pressures
89	89	19 around urban areas.
90	90	20 (7) A program to encourage and make possible the
91	91	21 long-term conservation of agricultural lands is a
92	92	22 necessary part of the State's agricultural land protection
93	93	23 policies and programs, and it is appropriate to expend
94	94	24 money for that purpose. A program of this nature will only
95	95	25 be effective when used in concert with local planning and
96	96	26 zoning strategies to conserve agricultural land.
97	97
98	98
99	99
100	100
101	101
102	102	HB2468 - 2 - LRB103 25491 RLC 51840 b
103	103
104	104
105	105	HB2468- 3 -LRB103 25491 RLC 51840 b HB2468 - 3 - LRB103 25491 RLC 51840 b
106	106	HB2468 - 3 - LRB103 25491 RLC 51840 b
107	107	1 (8) Funding is necessary to better address the needs
108	108	2 of conserving agricultural land near urban areas.
109	109	3 (9) Concurrently, access to working lands for
110	110	4 low-income farmers and farmers of color is prohibitively
111	111	5 difficult, in part due to the ongoing legacies of
112	112	6 institutionalized racism and discrimination and their
113	113	7 effects upon access to State and federal farm loan
114	114	8 programs.
115	115	9 (10) New opportunities are needed for socially
116	116	10 disadvantaged farmers to access land through ownership or
117	117	11 long-term leasing of farmland and rangeland.
118	118	12 (11) Down payment assistance, interest rate
119	119	13 assistance, predevelopment and appraisal costs, and
120	120	14 one-time investments in infrastructure improvements can
121	121	15 provide favorable terms to socially disadvantaged farmers
122	122	16 and support their access to and stewardship of Illinois
123	123	17 farmland.
124	124	18 (12) Funding for fee title acquisition and
125	125	19 agricultural conservation easements can make land
126	126	20 permanently more affordable and accessible to socially
127	127	21 disadvantaged farmers or ranchers, while ensuring that it
128	128	22 is never lost to sprawl development.
129	129	23 (b) It is the intent of the General Assembly, in enacting
130	130	24 this Act, to do all of the following:
131	131	25 (1) Encourage voluntary, long-term private stewardship
132	132	26 of agricultural lands by offering landowners financial
133	133
134	134
135	135
136	136
137	137
138	138	HB2468 - 3 - LRB103 25491 RLC 51840 b
139	139
140	140
141	141	HB2468- 4 -LRB103 25491 RLC 51840 b HB2468 - 4 - LRB103 25491 RLC 51840 b
142	142	HB2468 - 4 - LRB103 25491 RLC 51840 b
143	143	1 incentives.
144	144	2 (2) Protect farming operations in agricultural areas
145	145	3 from nonfarm land uses that may hinder and curtail farming
146	146	4 operations.
147	147	5 (3) Encourage long-term conservation of productive
148	148	6 agricultural lands in order to protect the agricultural
149	149	7 economy of rural communities, as well as that of this
150	150	8 State, for future generations of Illinoisans.
151	151	9 (4) Encourage local land use planning for orderly and
152	152	10 efficient urban growth and conservation of agricultural
153	153	11 land.
154	154	12 (5) Encourage local land use planning decisions that
155	155	13 are consistent with the State's policies with regard to
156	156	14 agricultural land conservation.
157	157	15 (6) Encourage improvements to enhance long-term
158	158	16 sustainable agricultural uses.
159	159	17 (7) Remove barriers to socially disadvantaged farmers
160	160	18 participating in the agricultural economy and stewarding
161	161	19 working lands under conservation.
162	162	20 Section 10. Definitions. In this Act:
163	163	21 "Agricultural land" means prime farmland, farmland of
164	164	22 statewide importance, unique farmland, farmland of local
165	165	23 importance, and farmland of local potential. In those areas of
166	166	24 the state where lands have not been surveyed for
167	167	25 classification, land shall meet the requirements of "prime
168	168
169	169
170	170
171	171
172	172
173	173	HB2468 - 4 - LRB103 25491 RLC 51840 b
174	174
175	175
176	176	HB2468- 5 -LRB103 25491 RLC 51840 b HB2468 - 5 - LRB103 25491 RLC 51840 b
177	177	HB2468 - 5 - LRB103 25491 RLC 51840 b
178	178	1 farmland".
179	179	2 "Agricultural use value" means the fair market value of a
180	180	3 property that is restricted by an easement to its productive
181	181	4 commercial agricultural use value rather than the highest
182	182	5 potential use value for residential or other nonagricultural
183	183	6 purposes, plus any reasonable holding and transaction costs
184	184	7 incurred by the applicant, as determined by the Department.
185	185	8 "Applicant" means a municipality, county, nonprofit
186	186	9 organization, conservation district, park district, or
187	187	10 cooperative that has the conservation of farmland among its
188	188	11 stated purposes, as prescribed by law, or as expressed in the
189	189	12 entity's locally adopted policies, that applies for a grant
190	190	13 authorized under this Act.
191	191	14 "Department" means the Department of Agriculture.
192	192	15 "Director" means the Director of Agriculture.
193	193	16 "Eligible assistance entity" means a nonprofit
194	194	17 organization or cooperative with demonstrated technical
195	195	18 expertise in agricultural financing and farm business
196	196	19 development assistance to achieve the purposes of this Act.
197	197	20 "Farmer-purchaser preference" or "option to purchase at
198	198	21 agricultural value" means preemptive purchase rights or other
199	199	22 provisions that are part of or linked to an agricultural
200	200	23 conservation easement providing the easement holder the
201	201	24 preferential right to purchase protected agricultural land at
202	202	25 its agricultural use value in the event the landowner intends
203	203	26 to sell that land to a purchaser who does not intend to
204	204
205	205
206	206
207	207
208	208
209	209	HB2468 - 5 - LRB103 25491 RLC 51840 b
210	210
211	211
212	212	HB2468- 6 -LRB103 25491 RLC 51840 b HB2468 - 6 - LRB103 25491 RLC 51840 b
213	213	HB2468 - 6 - LRB103 25491 RLC 51840 b
214	214	1 maintain the land in commercial agricultural production and
215	215	2 who does not demonstrate, in a manner acceptable to the
216	216	3 Department, a management plan and the agricultural experience
217	217	4 to maintain the land in commercial agricultural production.
218	218	5 The purpose of this provision is to ensure that
219	219	6 farmer-purchasers who would maintain protected land in
220	220	7 commercial agricultural production can afford the land that
221	221	8 might otherwise be sold at a higher price to other purchasers.
222	222	9 "Prime farmland" has the meaning ascribed to it in 7 CFR
223	223	10 657.5.
224	224	11 "Productivity provision" means language in the text of an
225	225	12 agricultural conservation easement that requires the land
226	226	13 under easement to be managed for productive commercial
227	227	14 agricultural uses, with reasonable allowances for when
228	228	15 temporary fallowing is necessary or appropriate.
229	229	16 "Socially disadvantaged farmer" means a farmer who is a
230	230	17 member of a socially disadvantaged group.
231	231	18 "Socially disadvantaged group" means a group whose members
232	232	19 have been subjected to racial, ethnic, or gender prejudice
233	233	20 because of their identity as members of a group without regard
234	234	21 to their individual qualities. These groups include all of the
235	235	22 following:
236	236	23 (1) American Indian or Alaska Native (a person having
237	237	24 origins in any of the original peoples of North and South
238	238	25 America, including Central America, and who maintains
239	239	26 tribal affiliation or community attachment).
240	240
241	241
242	242
243	243
244	244
245	245	HB2468 - 6 - LRB103 25491 RLC 51840 b
246	246
247	247
248	248	HB2468- 7 -LRB103 25491 RLC 51840 b HB2468 - 7 - LRB103 25491 RLC 51840 b
249	249	HB2468 - 7 - LRB103 25491 RLC 51840 b
250	250	1 (2) Asian (a person having origins in any of the
251	251	2 original peoples of the Far East, Southeast Asia, or the
252	252	3 Indian subcontinent, including, but not limited to,
253	253	4 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
254	254	5 the Philippine Islands, Thailand, and Vietnam).
255	255	6 (3) Black or African American (a person having origins
256	256	7 in any of the black racial groups of Africa).
257	257	8 (4) Hispanic or Latino (a person of Cuban, Mexican,
258	258	9 Puerto Rican, South or Central American, or other Spanish
259	259	10 culture or origin, regardless of race).
260	260	11 (5) Native Hawaiian or Other Pacific Islander (a
261	261	12 person having origins in any of the original peoples of
262	262	13 Hawaii, Guam, Samoa, or other Pacific Islands).
263	263	14 "Urbanized area" means an area with a population of at
264	264	15 least 50,000 inhabitants.
265	265	16 Section 15. Farmland Conservancy Program Fund.
266	266	17 (a) The Farmland Conservancy Program Fund is created in
267	267	18 the State treasury. Except as provided in subsection (b), the
268	268	19 moneys in the fund, upon appropriation by the General
269	269	20 Assembly, shall be used for the purposes of the program, which
270	270	21 include the purchase of agricultural conservation easements,
271	271	22 fee title acquisition grants, land improvement and planning
272	272	23 grants, technical assistance grants, technical assistance
273	273	24 provided by the Department, technology transfer activities of
274	274	25 the Department, and administrative costs incurred by the
275	275
276	276
277	277
278	278
279	279
280	280	HB2468 - 7 - LRB103 25491 RLC 51840 b
281	281
282	282
283	283	HB2468- 8 -LRB103 25491 RLC 51840 b HB2468 - 8 - LRB103 25491 RLC 51840 b
284	284	HB2468 - 8 - LRB103 25491 RLC 51840 b
285	285	1 Department in administering the program.
286	286	2 (b) Notwithstanding subsection (a), moneys may be
287	287	3 deposited into the fund from federal grants, and gifts and
288	288	4 donations that are designated and required by the donor to be
289	289	5 used exclusively for the purposes of the program.
290	290	6 (c) Not to exceed 10% of all grants made by the Department
291	291	7 under this Act may be made for land improvement purposes,
292	292	8 technical assistance purposes, and policy planning purposes.
293	293	9 Not less than 90% of funds available for grants under this Act
294	294	10 shall be expended for the acquisition of interests in land.
295	295	11 For purposes of this Act, the expenditures specified in this
296	296	12 subsection shall be deemed expenditures for the acquisition of
297	297	13 interests in land. Not less than 25% of funds shall be provided
298	298	14 to applicants that lease or sell to socially disadvantaged
299	299	15 farmers. Moneys in the fund shall also be available for the
300	300	16 following purposes:
301	301	17 (1) To provide technical assistance grants to eligible
302	302	18 assistance entities in support of socially disadvantaged
303	303	19 farmers who are seeking financing for land acquisition or
304	304	20 leasing. For purposes of this Section, technical
305	305	21 assistance includes, but is not limited to, organizing,
306	306	22 advising, counseling, educating, planning, drafting,
307	307	23 translating, interpreting, and consulting with socially
308	308	24 disadvantaged farmers for the purpose of preparing them
309	309	25 for favorable financing for land acquisition or
310	310	26 negotiating leasing arrangements.
311	311
312	312
313	313
314	314
315	315
316	316	HB2468 - 8 - LRB103 25491 RLC 51840 b
317	317
318	318
319	319	HB2468- 9 -LRB103 25491 RLC 51840 b HB2468 - 9 - LRB103 25491 RLC 51840 b
320	320	HB2468 - 9 - LRB103 25491 RLC 51840 b
321	321	1 (2) To provide acquisition assistance grants to
322	322	2 eligible assistance entities for the sole purpose of
323	323	3 reducing barriers to land access for socially
324	324	4 disadvantaged farmers, including, but not limited to, down
325	325	5 payment assistance, interest rate assistance, direct costs
326	326	6 incidental to acquisition, and infrastructure for land
327	327	7 improvement.
328	328	8 (3) To provide technical assistance grants to eligible
329	329	9 assistance entities in support of socially disadvantaged
330	330	10 farmers who are seeking financing for land acquisition or
331	331	11 leasing. For purposes of this paragraph (3), technical
332	332	12 assistance includes, but is not limited to, organizing,
333	333	13 advising, counseling, educating, planning, drafting,
334	334	14 translating, interpreting, and consulting with socially
335	335	15 disadvantaged farmers for the purpose of preparing them
336	336	16 for favorable financing for land acquisition or
337	337	17 negotiating leasing arrangements.
338	338	18 (4) To provide acquisition assistance grants to
339	339	19 eligible assistance entities for the sole purpose of
340	340	20 reducing barriers to land access for socially
341	341	21 disadvantaged farmers, including, but not limited to, down
342	342	22 payment assistance, interest rate assistance, direct costs
343	343	23 incidental to acquisition, and infrastructure for land
344	344	24 improvement.
345	345	25 Section 20. Agricultural conservation easement. Applicants
346	346
347	347
348	348
349	349
350	350
351	351	HB2468 - 9 - LRB103 25491 RLC 51840 b
352	352
353	353
354	354	HB2468- 10 -LRB103 25491 RLC 51840 b HB2468 - 10 - LRB103 25491 RLC 51840 b
355	355	HB2468 - 10 - LRB103 25491 RLC 51840 b
356	356	1 for an agricultural conservation easement or fee title
357	357	2 acquisition grant shall meet all of the following eligibility
358	358	3 criteria:
359	359	4 (1) Demonstrate that the parcel proposed for
360	360	5 conservation is expected to continue to be used for
361	361	6 commercial agricultural production if successfully
362	362	7 conserved.
363	363	8 (2) The parcel proposed for conservation is expected
364	364	9 to continue to be used for, and is large enough to sustain,
365	365	10 commercial agricultural production. The land is also in an
366	366	11 area that possesses the necessary market, infrastructure,
367	367	12 and agricultural support services, and the surrounding
368	368	13 parcel sizes and land uses will support long-term
369	369	14 commercial agricultural production.
370	370	15 (3) The applicable municipality or county has a
371	371	16 general plan that demonstrates a long-term commitment to
372	372	17 agricultural land conservation. This commitment shall be
373	373	18 reflected in the goals, objectives, policies, and
374	374	19 implementation measures of the plan, as they relate to the
375	375	20 area of the county or city where the easement acquisition
376	376	21 is proposed.
377	377	22 (4) Without conservation, the land proposed for
378	378	23 protection is likely to be converted to nonagricultural
379	379	24 use in the foreseeable future.
380	380	25 The Director shall not disburse any grant funds for
381	381	26 easement or fee title acquisitions unless the applicant, and
382	382
383	383
384	384
385	385
386	386
387	387	HB2468 - 10 - LRB103 25491 RLC 51840 b
388	388
389	389
390	390	HB2468- 11 -LRB103 25491 RLC 51840 b HB2468 - 11 - LRB103 25491 RLC 51840 b
391	391	HB2468 - 11 - LRB103 25491 RLC 51840 b
392	392	1 in the case of an easement acquisition grant, the seller,
393	393	2 agrees to restrict the use of the land in perpetuity.
394	394	3 Section 25. Grant for acquisition of fee title to
395	395	4 agricultural land.
396	396	5 (a) The Director shall disburse funds to an applicant for
397	397	6 a grant for the acquisition of fee title to agricultural land
398	398	7 only if the applicant agrees to all of the following
399	399	8 conditions:
400	400	9 (1) Upon acquisition of the property, the applicant
401	401	10 treats the property as encumbered by an agricultural
402	402	11 conservation easement subject to this Act and approved by
403	403	12 the Department.
404	404	13 (2) Upon acquisition of the property, the applicant
405	405	14 shall do either of the following:
406	406	15 (A) Sell the fee title subject to an agricultural
407	407	16 conservation easement approved by the Department to a
408	408	17 private landowner at not more than agricultural use
409	409	18 value within 3 years of the acquisition of the fee
410	410	19 title.
411	411	20 (B) Lease the acquired property, subject to an
412	412	21 agricultural conservation easement, including a
413	413	22 productivity provision, at an affordable agricultural
414	414	23 rate, and approved by the department, to a socially
415	415	24 disadvantaged farmer or rancher within 3 years of the
416	416	25 acquisition of the fee title.
417	417
418	418
419	419
420	420
421	421
422	422	HB2468 - 11 - LRB103 25491 RLC 51840 b
423	423
424	424
425	425	HB2468- 12 -LRB103 25491 RLC 51840 b HB2468 - 12 - LRB103 25491 RLC 51840 b
426	426	HB2468 - 12 - LRB103 25491 RLC 51840 b
427	427	1 (3) Include a farmer-purchaser preference in the text
428	428	2 of the agricultural conservation easement used to encumber
429	429	3 the acquired property.
430	430	4 (b)(1) If the applicant sells the fee title, as specified
431	431	5 in subparagraph (A) of paragraph (2) of subsection (a), the
432	432	6 applicant shall reimburse the fund directly from escrow within
433	433	7 30 days after the sale of the restricted fee title by an amount
434	434	8 equal to the Department's proportional share of the net
435	435	9 proceeds of the sale.
436	436	10 (2) "Net proceeds of the sale" means the fair market value
437	437	11 of the land less the value of the easement and associated
438	438	12 transaction costs.
439	439	13 (3) The Department's proportional share of the net
440	440	14 proceeds of the sale shall be calculated using a factor
441	441	15 reflecting the Department's proportional share of the purchase
442	442	16 price paid by the applicant in the original acquisition of fee
443	443	17 title, taking into account contributions from all sources
444	444	18 toward that original purchase price.
445	445	19 Section 30. Land improvement grants. Grants may be made
446	446	20 for land improvements. Use of these grants shall be limited to
447	447	21 the improvement of lands protected by agricultural
448	448	22 conservation easements under the program, or of lands
449	449	23 protected by other qualified conservation easement programs,
450	450	24 if the improvement will directly benefit the lands protected
451	451	25 by agricultural conservation easements under the program. An
452	452
453	453
454	454
455	455
456	456
457	457	HB2468 - 12 - LRB103 25491 RLC 51840 b
458	458
459	459
460	460	HB2468- 13 -LRB103 25491 RLC 51840 b HB2468 - 13 - LRB103 25491 RLC 51840 b
461	461	HB2468 - 13 - LRB103 25491 RLC 51840 b
462	462	1 application for a land improvement grant shall be evaluated
463	463	2 with respect to the extent to which it satisfies one or more of
464	464	3 the following criteria:
465	465	4 (1) The improvement will enhance the agricultural
466	466	5 value of the land protected by the easement, and promote
467	467	6 its long-term sustainable agricultural use such as
468	468	7 increasing soil organic matter or soil health, water
469	469	8 supply development, and revegetation of eroding
470	470	9 streambanks.
471	471	10 (2) The improvement will increase the compatibility of
472	472	11 agricultural operations with sensitive natural areas.
473	473	12 (3) The improvement will demonstrate new and
474	474	13 innovative best management practices that have the
475	475	14 potential for wide application.
476	476	15 (4) The proposed improvement includes the financial
477	477	16 and technical involvement of other agencies, such as
478	478	17 University of Illinois Cooperative Extension Service,
479	479	18 conservation districts, the Department of Natural
480	480	19 Resources, the United States Farm Services Agency, and the
481	481	20 United States Natural Resources Conservation Service.
482	482	21 (5) The improvement is part of a coordinated watershed
483	483	22 management plan or the equivalent.
484	484	23 (6) The application satisfies other relevant criteria
485	485	24 established by the Department.
486	486	25 Section 35. Use of agricultural conservation easement or
487	487
488	488
489	489
490	490
491	491
492	492	HB2468 - 13 - LRB103 25491 RLC 51840 b
493	493
494	494
495	495	HB2468- 14 -LRB103 25491 RLC 51840 b HB2468 - 14 - LRB103 25491 RLC 51840 b
496	496	HB2468 - 14 - LRB103 25491 RLC 51840 b
497	497	1 fee title acquisition grant. Applicants for an agricultural
498	498	2 conservation easement or fee title acquisition grant shall
499	499	3 demonstrate that the parcel proposed for conservation is
500	500	4 expected to continue to be used for commercial agricultural
501	501	5 production if successfully conserved.
502	502	6 Section 40. Evaluation of proposals for fee title or
503	503	7 agricultural conservation easement acquisition grant. The
504	504	8 Director shall evaluate a proposal for a fee title or
505	505	9 agricultural conservation easement acquisition grant based
506	506	10 upon the overall value of the project, taking into
507	507	11 consideration the goals and objectives for this program, and
508	508	12 the extent to which the proposed project satisfies the
509	509	13 following selection criteria:
510	510	14 (1) The quality of the agricultural land, based on
511	511	15 land capability, farmland mapping and monitoring program
512	512	16 definitions, productivity indices, and other soil,
513	513	17 climate, and vegetative factors.
514	514	18 (2) The proposal meets multiple natural resource
515	515	19 conservation objectives, including, but not limited to,
516	516	20 wetland protection, wildlife habitat conservation, and
517	517	21 scenic open-space preservation.
518	518	22 (3) The proposal reduces barriers to land access for
519	519	23 socially disadvantaged farmers and ranchers through
520	520	24 ownership or long-term leases.
521	521	25 (4) The applicant demonstrates fiscal and technical
522	522
523	523
524	524
525	525
526	526
527	527	HB2468 - 14 - LRB103 25491 RLC 51840 b
528	528
529	529
530	530	HB2468- 15 -LRB103 25491 RLC 51840 b HB2468 - 15 - LRB103 25491 RLC 51840 b
531	531	HB2468 - 15 - LRB103 25491 RLC 51840 b
532	532	1 capability to effectively carry out the proposal.
533	533	2 Technical capability may be demonstrated by agricultural
534	534	3 land conservation expertise on the governing board or
535	535	4 staff of the applicant, or through partnership with an
536	536	5 organization that has that expertise.
537	537	6 (5) The proposal demonstrates a coordinated approach
538	538	7 among affected local stakeholders. If other entities are
539	539	8 directly impacted by the proposal, there is written
540	540	9 support from those entities demonstrating a willingness to
541	541	10 cooperate. The support of neighboring landowners who are
542	542	11 not involved in the proposal shall be considered.
543	543	12 (6) The conservation of the land supports long-term
544	544	13 private stewardship and continued agricultural production
545	545	14 in the region.
546	546	15 (7) The proposal demonstrates an innovative approach
547	547	16 to agricultural land conservation with a potential for
548	548	17 wide application in this State.
549	549	18 (8) The amount of matching funds and in-kind services
550	550	19 contributed by local governments and other sources toward
551	551	20 the acquisition of the fee title or agricultural
552	552	21 conservation easement, or both.
553	553	22 (9) The price of the proposed acquisition is
554	554	23 cost-effective in comparison to the fair market value.
555	555	24 (10) Other relevant considerations established by the
556	556	25 Director.
557	557
558	558
559	559
560	560
561	561
562	562	HB2468 - 15 - LRB103 25491 RLC 51840 b
563	563
564	564
565	565	HB2468- 16 -LRB103 25491 RLC 51840 b HB2468 - 16 - LRB103 25491 RLC 51840 b
566	566	HB2468 - 16 - LRB103 25491 RLC 51840 b
567	567	1 Section 45. Compatibility with county or municipal plan.
568	568	2 Before the disbursement of grant funds for easements or fee
569	569	3 title acquisitions under this Act, both of the following
570	570	4 conditions shall be met:
571	571	5 (1) The proposed agricultural conservation project
572	572	6 shall be deemed by the Department to be compatible with
573	573	7 the applicable municipal or county general plan.
574	574	8 (2) For land within a municipality's sphere of
575	575	9 influence, the proposed agricultural conservation project
576	576	10 shall be deemed by the Department to be compatible with
577	577	11 both the applicable county and municipal general plans.
578	578	12 Section 50. Exemptions. An agricultural conservation
579	579	13 easement shall not prevent any of the following:
580	580	14 (1) The granting of rights-of-way by the owner of the
581	581	15 subject land in and through the land for the installation,
582	582	16 transportation, or use of water, sewage, electric,
583	583	17 telephone, stock water development and storage, energy
584	584	18 generation, and fencing, provided that the agricultural
585	585	19 productivity of the land and any multiple uses that made
586	586	20 the acquisition a priority for selection under the
587	587	21 program, are not significantly impaired by those
588	588	22 activities.
589	589	23 (2) The construction and use of structures on the
590	590	24 subject land that are necessary for agricultural
591	591	25 production and marketing, including, but not limited to,
592	592
593	593
594	594
595	595
596	596
597	597	HB2468 - 16 - LRB103 25491 RLC 51840 b
598	598
599	599
600	600	HB2468- 17 -LRB103 25491 RLC 51840 b HB2468 - 17 - LRB103 25491 RLC 51840 b
601	601	HB2468 - 17 - LRB103 25491 RLC 51840 b
602	602	1 barns, shops, packing sheds, cooling facilities,
603	603	2 greenhouses, roadside marketing stands, stock water
604	604	3 development and storage, energy generation, and fencing,
605	605	4 provided that the agricultural productivity of the land
606	606	5 and any multiple uses that made the acquisition a priority
607	607	6 for selection under the program, are not significantly
608	608	7 impaired by those activities.
609	609	8 (3) Customary part time or off season rural
610	610	9 enterprises or activities, including, but not limited to,
611	611	10 hunting and fishing, wildlife habitat improvement,
612	612	11 predator control, timber harvesting, and firewood
613	613	12 production, provided that the agricultural productivity of
614	614	13 the land and any multiple uses that made the acquisition a
615	615	14 priority for selection under the program, are not
616	616	15 significantly impaired by those activities.
617	617	16 Section 90. The State Finance Act is amended by adding
618	618	17 Section 5.990 as follows:
619	619	18 (30 ILCS 105/5.990 new)
620	620	19 Sec. 5.990. The Farmland Conservancy Program Fund.
621	621
622	622
623	623
624	624
625	625
626	626	HB2468 - 17 - LRB103 25491 RLC 51840 b