IL
Illinois House Bill HB2573

Illinois 2023-2024 Regular Session

Illinois House Bill HB2573 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2573 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: New Act Creates the Agricultural and Natural Resources Legacy Act. Creates the Agricultural and Natural Resources Legacy Fund as a separate fund in the State treasury to be managed by the Department of Agriculture. Provides that from the Fund, moneys shall be made available in each fiscal year for grants to qualified easement holdings having an application which has been reviewed by the Department of Agriculture and approved by the Agricultural Legacy Council. Creates the Agricultural Legacy Council to annually review and approve award grants recommended by the Department of Agriculture, review and approve rules adopted by the Department of Agriculture for administration of the program, and review outcomes of the program and advise the Department of Agriculture of changes in the program or rules to ensure success of the program in achieving the intent of the Act. LRB103 27253 RLC 53624 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2573 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: New Act New Act Creates the Agricultural and Natural Resources Legacy Act. Creates the Agricultural and Natural Resources Legacy Fund as a separate fund in the State treasury to be managed by the Department of Agriculture. Provides that from the Fund, moneys shall be made available in each fiscal year for grants to qualified easement holdings having an application which has been reviewed by the Department of Agriculture and approved by the Agricultural Legacy Council. Creates the Agricultural Legacy Council to annually review and approve award grants recommended by the Department of Agriculture, review and approve rules adopted by the Department of Agriculture for administration of the program, and review outcomes of the program and advise the Department of Agriculture of changes in the program or rules to ensure success of the program in achieving the intent of the Act. LRB103 27253 RLC 53624 b LRB103 27253 RLC 53624 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2573 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
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55 Creates the Agricultural and Natural Resources Legacy Act. Creates the Agricultural and Natural Resources Legacy Fund as a separate fund in the State treasury to be managed by the Department of Agriculture. Provides that from the Fund, moneys shall be made available in each fiscal year for grants to qualified easement holdings having an application which has been reviewed by the Department of Agriculture and approved by the Agricultural Legacy Council. Creates the Agricultural Legacy Council to annually review and approve award grants recommended by the Department of Agriculture, review and approve rules adopted by the Department of Agriculture for administration of the program, and review outcomes of the program and advise the Department of Agriculture of changes in the program or rules to ensure success of the program in achieving the intent of the Act.
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1111 1 AN ACT concerning agriculture.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Agricultural and Natural Resources Legacy Act.
1616 6 Section 5. Legislative findings and intent. The General
1717 7 Assembly finds all of the following:
1818 8 (1) That the preservation of farmland is important for
1919 9 current and future agricultural production in this State,
2020 10 including the production of food and other products needed
2121 11 to sustain the life, health, and welfare of the people of
2222 12 this State.
2323 13 (2) That the preservation of farmland is important for
2424 14 the current and future State economy and for the current
2525 15 and future environment of this State.
2626 16 (3) That establishment of agricultural conservation
2727 17 easements, as provided in this Act, serve important public
2828 18 purposes of statewide significance.
2929 19 (4) The Agricultural Areas Conservation and Protection
3030 20 Act provides that it is the policy of the State to
3131 21 conserve, protect, and to encourage the development and
3232 22 improvement of its agricultural lands for the production
3333 23 of food and other agricultural products and to conserve
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4040 Creates the Agricultural and Natural Resources Legacy Act. Creates the Agricultural and Natural Resources Legacy Fund as a separate fund in the State treasury to be managed by the Department of Agriculture. Provides that from the Fund, moneys shall be made available in each fiscal year for grants to qualified easement holdings having an application which has been reviewed by the Department of Agriculture and approved by the Agricultural Legacy Council. Creates the Agricultural Legacy Council to annually review and approve award grants recommended by the Department of Agriculture, review and approve rules adopted by the Department of Agriculture for administration of the program, and review outcomes of the program and advise the Department of Agriculture of changes in the program or rules to ensure success of the program in achieving the intent of the Act.
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6868 1 and protect agricultural lands as valued natural and
6969 2 ecological resources that provide needed open spaces for
7070 3 clean air sheds as well as aesthetic purposes.
7171 4 (5) The Illinois Farmland Preservation Act provides
7272 5 that conversion and loss of agricultural land has
7373 6 diminished Illinois cropland base and affects
7474 7 environmental quality. The supply of land most suitable
7575 8 for farming is finite. Conversion of this land to urban
7676 9 development and other non-farm uses reduces future food
7777 10 production capability and may ultimately undermine
7878 11 agriculture as a major economic activity in Illinois.
7979 12 (6) The intent of this Act is to ensure permanent
8080 13 conservation of farmland in order to protect Illinois's
8181 14 agricultural economy, the ecological benefits and
8282 15 associated natural habitat provided by agricultural lands
8383 16 and activities, and community character enhanced by
8484 17 agricultural and natural landscapes by:
8585 18 (A) incentivizing farmland owners to voluntarily
8686 19 protect their farms;
8787 20 (B) facilitating the transition of farms under
8888 21 development pressure to next generation farmers;
8989 22 (C) increasing the supply of locally grown food in
9090 23 the State of Illinois; and
9191 24 (D) facilitating utilization of federal and local
9292 25 funds to benefit Illinois's farmland and natural
9393 26 resources.
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104104 1 Section 10. Definitions. In this Act:
105105 2 "Agricultural conservation easement" means a nonpossessory
106106 3 interest of a holder in real property within Illinois imposing
107107 4 limitations or affirmative obligations, the purposes of which
108108 5 include retaining or protecting agricultural production
109109 6 capability and natural, scenic, habitat, or open-space values
110110 7 of real property.
111111 8 "Application" means any application seeking moneys from
112112 9 the Agricultural and Natural Resources Fund.
113113 10 "Cost of acquisition" means all out-of-pocket direct costs
114114 11 of activities incurred in connection with the acquisition,
115115 12 processing, recording, and documentation of an agricultural
116116 13 conservation easement, such as appraisals, land surveys, title
117117 14 verification, and closing, which may be required by applicable
118118 15 State laws and local ordinances, or otherwise, in order to
119119 16 establish a conservation easement on real property; however,
120120 17 such costs shall not include any costs incurred by a holder for
121121 18 staffing, overhead, or operations.
122122 19 "Qualified easement holder" means a State agency, federal
123123 20 agency, county, municipality, or a 501(c)(3) nonprofit
124124 21 organization with experience acquiring, whether through
125125 22 purchase, donation or transfer, an agricultural or other
126126 23 conservation easement.
127127 24 "Qualified farmland" means agricultural land in an
128128 25 undeveloped state or that has been developed only to the
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139139 1 extent consistent with agricultural production, including row
140140 2 crops, livestock, nurseries, orchards, or pastures.
141141 3 Section 15. Establishment of the Agricultural and Natural
142142 4 Resources Legacy Fund. The Agricultural and Natural Resources
143143 5 Legacy Fund shall be established as a separate fund in the
144144 6 State treasury to be managed by the Department of Agriculture,
145145 7 separate and distinct from the General Revenue Fund. Interest
146146 8 earned by the Agricultural and Natural Resources Fund shall be
147147 9 credited to the fund. Such funds shall not lapse to the General
148148 10 Revenue Fund. Such funds shall be used to support the
149149 11 protection and conservation of agricultural land and shall be
150150 12 used to supplement, not supplant, Department of Agriculture
151151 13 resources.
152152 14 The Agricultural and Natural Resources Fund consists of:
153153 15 (1) annual appropriations by the General Assembly to
154154 16 the fund;
155155 17 (2) public or private grants, gifts, donations, or
156156 18 contributions dedicated to the fund for farmland
157157 19 conservation;
158158 20 (3) funds from any other source, including proceeds
159159 21 from the sale of bonds, State, federal, or private
160160 22 mitigation funds, or funds from any other local, State, or
161161 23 federal program that may be dedicated to the fund for
162162 24 farmland conservation; and
163163 25 (4) revenue derived from the sale of land or other
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174174 1 assets donated or bequeathed to the fund.
175175 2 Section 20. Grants; conditions of eligibility; permissible
176176 3 use of funds. From within the Agricultural and Natural
177177 4 Resources Legacy Fund, moneys shall be made available in each
178178 5 fiscal year for grants to any qualified easement holder having
179179 6 an application that has been reviewed by the Department of
180180 7 Agriculture and approved by the Agricultural Legacy Council,
181181 8 as provided in this Section.
182182 9 As a condition of eligibility for any such grant, an
183183 10 application shall have as its primary purpose advancing
184184 11 farmland conservation and supporting active farming and food
185185 12 production in Illinois. Award grants may include the
186186 13 following:
187187 14 (1) Payment to qualified easement holders for the
188188 15 purchase of agricultural conservation easements on
189189 16 qualified farmland.
190190 17 (2) Payment for the costs of acquisition related to
191191 18 the purchase of agricultural conservation easements
192192 19 approved by the program.
193193 20 The Agricultural and Natural Resources Heritage Fund shall
194194 21 be used to pay administrative costs of this program by the
195195 22 Department of Agriculture, annually not to exceed 5% of the
196196 23 annual allocation of moneys to the Fund.
197197 24 Section 25. Administration; prioritization of farmland.
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208208 1 The Department of Agriculture shall have primary
209209 2 responsibility for administration of the Agricultural and
210210 3 Natural Resources Fund program, under the direction and advice
211211 4 of the Agricultural Legacy Council, as provided in this Act.
212212 5 The Department shall:
213213 6 (1) give priority to applications that protect
214214 7 agricultural lands that are susceptible to development,
215215 8 including subdivision and fragmentation;
216216 9 (2) adopt a scoring process to be used in evaluating
217217 10 applications that considers the following for
218218 11 prioritization of projects:
219219 12 (A) protecting farmland in active or planned
220220 13 cultivation;
221221 14 (B) preventing development or fragmentation that
222222 15 would result in farmland loss by conversion;
223223 16 (C) supporting transition of farmland to next
224224 17 generation farmer owner-operators;
225225 18 (D) leveraging local, federal, or private funding,
226226 19 including a match requirement;
227227 20 (E) supporting conservation priorities including
228228 21 protection of habitat, water quality, watershed
229229 22 conservation, climate resiliency, local conservation
230230 23 plans, and public viewshed;
231231 24 (F) preserving or Enhancing Soil Quality.
232232 25 (3) ensure the following easement terms are met to be
233233 26 eligible for funds:
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244244 1 (A) An agricultural conservation easement shall be
245245 2 perpetual.
246246 3 (B) Agricultural conservation easement terms shall
247247 4 align with existing federal and local programs to
248248 5 maximize potential for matching funds.
249249 6 Section 30. Authority to adopt rules. The Department of
250250 7 Agriculture shall adopt rules as necessary to implement the
251251 8 provisions of this Act on or before December 31, 2023,
252252 9 including the adoption of rules that establish a process for
253253 10 submitting and processing applications for grants. The
254254 11 Department, after consultation with the Illinois Agricultural
255255 12 Legacy Council, shall solicit applications. The Department
256256 13 shall issue each solicitation in writing and shall publish a
257257 14 notice announcing the solicitation.
258258 15 Section 35. Establishment of the Illinois Agricultural
259259 16 Legacy Council; membership; role and duties of the Council.
260260 17 There is established the Illinois Agricultural Legacy Council
261261 18 to advise and assist the Department of Agriculture with
262262 19 administration and implementation of the program utilizing the
263263 20 criteria proposed by the Department and adopted by the
264264 21 Council. The Advisory Council shall consist of 9 members, as
265265 22 follows:
266266 23 (1) the Director of the Department of Agriculture;
267267 24 (2) the Director of the Department of Natural
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278278 1 Resources;
279279 2 (3) other members appointed by the Governor as
280280 3 follows:
281281 4 (A) one member who operates a family farm in this
282282 5 State;
283283 6 (B) one member who is the designated
284284 7 representative of a banking or lending organization
285285 8 and who has significant experience in agricultural
286286 9 lending;
287287 10 (C) one member who is the designated
288288 11 representative of a statewide agricultural
289289 12 organization;
290290 13 (D) one member who is a designated representative
291291 14 of a land trust or statewide nonprofit conservation
292292 15 organization operating in this State;
293293 16 (E) one member who is a designated representative
294294 17 of an educational institution with an agricultural
295295 18 program;
296296 19 (F) one member who is the designated
297297 20 representative of Soil and Water Conservation
298298 21 Districts, Illinois Extension, or the United States
299299 22 Department of Agriculture Natural Resources
300300 23 Conservation Services; and
301301 24 (G) one member representing the planning
302302 25 profession.
303303 26 Appointed members of the council serve staggered terms of
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314314 1 3 years, with 4 of the members' terms expiring on December 31
315315 2 of each odd-numbered year.
316316 3 Appointments to and removal from the council shall be made
317317 4 by the Governor and the Director of Agriculture without regard
318318 5 to the race, color, disability, sex, religion, age, or
319319 6 national origin of the appointees.
320320 7 The Council shall meet at least quarterly each year for
321321 8 the transaction of its business. Three-fifths of the members
322322 9 of the Council present at any board meeting shall constitute a
323323 10 quorum in order to conduct business; however, in the absence
324324 11 of a quorum, a majority of the members present may adjourn the
325325 12 meeting from time to time until a quorum shall attend. Any
326326 13 Council action or recommendation must be approved by a simple
327327 14 majority of the members of the entire Council then in office,
328328 15 unless specified otherwise in this Act.
329329 16 The Council shall:
330330 17 (1) annually review and approve award grants
331331 18 recommended by the Department of Agriculture;
332332 19 (2) review and approve rules adopted by the Department
333333 20 of Agriculture for administration of the program; and
334334 21 (3) review outcomes of the program and advise
335335 22 Department of Agriculture on changes in the program or
336336 23 rules to ensure success of the program in achieving the
337337 24 intent of this Act.
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