Illinois 2023-2024 Regular Session

Illinois House Bill HB4189 Latest Draft

Bill / Introduced Version Filed 10/23/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4189 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 525 ILCS 35/2.06 new525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/4 from Ch. 85, par. 2104525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/7 from Ch. 85, par. 2107525 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. LRB103 34889 RLC 64756 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4189 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:  525 ILCS 35/2.06 new525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/4 from Ch. 85, par. 2104525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/7 from Ch. 85, par. 2107525 ILCS 35/9 from Ch. 85, par. 2109 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.  LRB103 34889 RLC 64756 b     LRB103 34889 RLC 64756 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4189 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
525 ILCS 35/2.06 new525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/4 from Ch. 85, par. 2104525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/7 from Ch. 85, par. 2107525 ILCS 35/9 from Ch. 85, par. 2109 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
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.
LRB103 34889 RLC 64756 b     LRB103 34889 RLC 64756 b
    LRB103 34889 RLC 64756 b
A BILL FOR
HB4189LRB103 34889 RLC 64756 b   HB4189  LRB103 34889 RLC 64756 b
  HB4189  LRB103 34889 RLC 64756 b
1  AN ACT concerning conservation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Open Space Lands Acquisition and
5  Development Act is amended by changing Sections 3, 4, 5, 6, 7,
6  and 9 and by adding Section 2.06 as follows:
7  (525 ILCS 35/2.06 new)
8  Sec. 2.06. Distressed location project. "Distressed
9  location project" means a proposal for the acquisition of open
10  space lands or for the capital development of park,
11  recreation, or conservation areas by a local government when
12  the location of the project for the acquisition or capital
13  development is located within a distressed area as determined
14  by the Department through administrative rule.
15  (525 ILCS 35/3) (from Ch. 85, par. 2103)
16  Sec. 3. From appropriations made from the Capital
17  Development Fund, Build Illinois Bond Fund or other available
18  or designated funds for such purposes, the Department shall
19  make grants to local governments as financial assistance for
20  the capital development and improvement of park, recreation or
21  conservation areas, marinas and shorelines, including planning
22  and engineering costs, and for the acquisition of open space

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4189 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
525 ILCS 35/2.06 new525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/4 from Ch. 85, par. 2104525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/7 from Ch. 85, par. 2107525 ILCS 35/9 from Ch. 85, par. 2109 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
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.
LRB103 34889 RLC 64756 b     LRB103 34889 RLC 64756 b
    LRB103 34889 RLC 64756 b
A BILL FOR

 

 

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



    LRB103 34889 RLC 64756 b

 

 



 

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1  lands, including acquisition of easements and other property
2  interests less than fee simple ownership if the Department
3  determines that such property interests are sufficient to
4  carry out the purposes of this Act, subject to the conditions
5  and limitations set forth in this Act.
6  No more than 10% of the amount so appropriated for any
7  fiscal year may be committed or expended on any one project or
8  any one distressed location project described in an
9  application under this Act.
10  Any Except for grants awarded from new appropriations in
11  fiscal year 2023 and fiscal year 2024, any grant under this Act
12  to a local government shall be conditioned upon the state
13  providing assistance on a 50/50 matching basis for the
14  acquisition of open space lands and for capital development
15  and improvement proposals. However, a local government that is
16  defined as a "distressed community" under criteria adopted by
17  the Department through administrative rule or a local
18  government that has submitted a "distressed location project"
19  as defined under criteria adopted by the Department through
20  administrative rule shall be eligible for assistance up to
21  100% 90% for the acquisition of open space lands and for
22  capital development and improvement projects or distressed
23  location projects. No proposals, provided that no more than
24  10% of the amount appropriated under this Act in any fiscal
25  year shall be is made available as grants to distressed
26  location projects local governments. No less than 10% of the

 

 

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1  amount appropriated under this Act in any fiscal year shall be
2  made available as grants to distressed communities. For grants
3  awarded from new appropriations in fiscal year 2023 and fiscal
4  year 2024 only, a local government defined as "distressed" is
5  eligible for assistance up to 100% for the acquisition of open
6  space lands and for capital development and improvement
7  proposals. The Department may make more than 10% of the amount
8  appropriated in fiscal year 2023 and fiscal year 2024
9  available as grants to distressed local governments.
10  An advance payment of a minimum of 50% of any grant made to
11  a unit of local government under this Act must be paid to the
12  unit of local government at the time the Department awards the
13  grant. A unit of local government may opt out of the advanced
14  payment option at the time of the award of the grant. The
15  remainder of the grant shall be distributed to the local
16  government quarterly on a reimbursement basis. The Department
17  shall consider an applicant's request for an extension to a
18  grant under this Act if (i) the advanced payment is expended or
19  legally obligated within the 2 years required by Section 5 of
20  the Illinois Grant Funds Recovery Act or (ii) no advanced
21  payment was made.
22  (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
23  103-8, eff. 6-7-23.)
24  (525 ILCS 35/4) (from Ch. 85, par. 2104)
25  Sec. 4. Any local government may apply to the Department

 

 

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1  for a grant under this Act. An application must be in writing
2  and contain a narrative description of the project or the
3  distressed location project, the legal description of the open
4  lands to be acquired or used for the capital development
5  project or capital development of a distressed location
6  project, a current appraisal showing the fair market value of
7  those lands to be acquired, the project or distressed location
8  project cost, identification of a source of continuous funding
9  sufficient to maintain the new facilities to be created by
10  capital development, the amount of the project cost the
11  applicant proposes to provide and such other information as
12  the Department reasonably requires.
13  (Source: P.A. 84-109.)
14  (525 ILCS 35/5) (from Ch. 85, par. 2105)
15  Sec. 5. In considering applications for grants under this
16  Act, the Department shall give priority to distressed location
17  projects and projects which (i) that will provide the greatest
18  benefit to the residents of the areas of the State that which
19  have the highest concentration or density of population, (ii)
20  that which are based upon criteria established by the
21  Department that which reflect outdoor recreation needs and
22  priorities identified through the Statewide Comprehensive
23  Outdoor Recreation Plan (SCORP) Program carried out by the
24  Department, or (iii) that which are located in flood plain
25  areas.

 

 

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1  The total amount of grants made for any fiscal year may not
2  exceed the amount of the appropriation for grants made for
3  that fiscal year.
4  (Source: P.A. 84-109.)
5  (525 ILCS 35/6) (from Ch. 85, par. 2106)
6  Sec. 6. The Department shall consider all applications for
7  grants for a fiscal year before awarding any grants for that
8  year. No consideration shall be given for that fiscal year to
9  an application that has not been timely filed. If an
10  application does not describe a distressed location project or
11  a project that is compatible with the purposes of this Act, the
12  Department shall deny that application. The Department shall
13  evaluate those applications that have been timely filed and
14  have been approved as being compatible with the purposes of
15  this Act and, subject to the limits established by Section 3,
16  list in order of priority the applicant, project, or
17  distressed location project and dollar amount of each grant
18  recommended to be awarded. The Department shall also indicate
19  on the priority listing of approved projects or distressed
20  location projects the last grant that which may be paid during
21  that fiscal year because of the limit of moneys appropriated
22  for grants for that fiscal year.
23  (Source: P.A. 84-109.)
24  (525 ILCS 35/7) (from Ch. 85, par. 2107)

 

 

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1  Sec. 7. Within 30 days after completing its consideration
2  of applications for grants for a fiscal year, the Department
3  shall notify each applicant of the disposition made of its
4  application. The Department shall, in addition, direct the
5  payment of grants to those applicants whose projects or
6  distressed location projects have been approved and have been
7  assigned a priority within the limits of the amounts
8  appropriated for grants for that fiscal year.
9  (Source: P.A. 84-109.)

 

 

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