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 HB4189 LRB103 34889 RLC 64756 b HB4189- 2 -LRB103 34889 RLC 64756 b HB4189 - 2 - LRB103 34889 RLC 64756 b HB4189 - 2 - LRB103 34889 RLC 64756 b 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 HB4189 - 2 - LRB103 34889 RLC 64756 b HB4189- 3 -LRB103 34889 RLC 64756 b HB4189 - 3 - LRB103 34889 RLC 64756 b HB4189 - 3 - LRB103 34889 RLC 64756 b 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 HB4189 - 3 - LRB103 34889 RLC 64756 b HB4189- 4 -LRB103 34889 RLC 64756 b HB4189 - 4 - LRB103 34889 RLC 64756 b HB4189 - 4 - LRB103 34889 RLC 64756 b 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. HB4189 - 4 - LRB103 34889 RLC 64756 b HB4189- 5 -LRB103 34889 RLC 64756 b HB4189 - 5 - LRB103 34889 RLC 64756 b HB4189 - 5 - LRB103 34889 RLC 64756 b 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) HB4189 - 5 - LRB103 34889 RLC 64756 b HB4189- 6 -LRB103 34889 RLC 64756 b HB4189 - 6 - LRB103 34889 RLC 64756 b HB4189 - 6 - LRB103 34889 RLC 64756 b 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.) HB4189 - 6 - LRB103 34889 RLC 64756 b