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Illinois Senate Bill SB1879

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1879 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1879 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED: New Act20 ILCS 3988/Act rep.30 ILCS 105/5.1030 new Creates the Natural Resources and Agricultural Legacy Act. Establishes the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury to be managed by the Department of Natural Resources for the purpose of making grants to qualified easement holders for (1) the purchase of conservation easements on qualified land; (2) the costs of acquisition related to the purchase of conservation easements approved by the program; and (3) the costs of ecological management and maintenance activities. Requires the Department to adopt rules to implement the Act. Establishes the Legacy Act Technical Advisory Committee in the Department. Contains legislative findings. Defines terms. Repeals the Local Legacy Act. Amends the State Finance Act. Creates the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury. LRB104 08067 BDA 18113 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1879 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED: New Act20 ILCS 3988/Act rep.30 ILCS 105/5.1030 new New Act 20 ILCS 3988/Act rep. 30 ILCS 105/5.1030 new Creates the Natural Resources and Agricultural Legacy Act. Establishes the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury to be managed by the Department of Natural Resources for the purpose of making grants to qualified easement holders for (1) the purchase of conservation easements on qualified land; (2) the costs of acquisition related to the purchase of conservation easements approved by the program; and (3) the costs of ecological management and maintenance activities. Requires the Department to adopt rules to implement the Act. Establishes the Legacy Act Technical Advisory Committee in the Department. Contains legislative findings. Defines terms. Repeals the Local Legacy Act. Amends the State Finance Act. Creates the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury. LRB104 08067 BDA 18113 b LRB104 08067 BDA 18113 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1879 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
33 New Act20 ILCS 3988/Act rep.30 ILCS 105/5.1030 new New Act 20 ILCS 3988/Act rep. 30 ILCS 105/5.1030 new
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77 Creates the Natural Resources and Agricultural Legacy Act. Establishes the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury to be managed by the Department of Natural Resources for the purpose of making grants to qualified easement holders for (1) the purchase of conservation easements on qualified land; (2) the costs of acquisition related to the purchase of conservation easements approved by the program; and (3) the costs of ecological management and maintenance activities. Requires the Department to adopt rules to implement the Act. Establishes the Legacy Act Technical Advisory Committee in the Department. Contains legislative findings. Defines terms. Repeals the Local Legacy Act. Amends the State Finance Act. Creates the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury.
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1313 1 AN ACT concerning agriculture.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Short title. This Act may be cited as the
1717 5 Natural Resources and Agricultural Legacy Act.
1818 6 Section 5. Findings and intent. The General Assembly finds
1919 7 that:
2020 8 (1) The preservation of open space and farmland is
2121 9 important for current and future environmental quality,
2222 10 economic vitality, scenic beauty, ecological health, and
2323 11 agricultural production in the State of Illinois,
2424 12 including the production of food and fiber and the
2525 13 preservation of a healthy environment that will sustain
2626 14 the life, health, and welfare of the people of the State of
2727 15 Illinois.
2828 16 (2) Establishment of conservation easements protecting
2929 17 open space and farmland, as provided in this Act, serves
3030 18 important public purposes for the people of the State of
3131 19 Illinois.
3232 20 (3) This Act is consistent with and advances existing
3333 21 State priorities identified in State law, including, but
3434 22 not limited to, the Agricultural Areas Conservation and
3535 23 Protection Act, the Illinois Natural Areas Preservation
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1879 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
4040 New Act20 ILCS 3988/Act rep.30 ILCS 105/5.1030 new New Act 20 ILCS 3988/Act rep. 30 ILCS 105/5.1030 new
4141 New Act
4242 20 ILCS 3988/Act rep.
4343 30 ILCS 105/5.1030 new
4444 Creates the Natural Resources and Agricultural Legacy Act. Establishes the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury to be managed by the Department of Natural Resources for the purpose of making grants to qualified easement holders for (1) the purchase of conservation easements on qualified land; (2) the costs of acquisition related to the purchase of conservation easements approved by the program; and (3) the costs of ecological management and maintenance activities. Requires the Department to adopt rules to implement the Act. Establishes the Legacy Act Technical Advisory Committee in the Department. Contains legislative findings. Defines terms. Repeals the Local Legacy Act. Amends the State Finance Act. Creates the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury.
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7474 1 Act, the Real Property Conservation Rights Act, and the
7575 2 Farmland Preservation Act.
7676 3 (4) The intent of this Act is to provide an incentive
7777 4 for private property owners in Illinois to voluntarily
7878 5 conserve open space and farmland that is at risk of
7979 6 conversion to development, while enhancing the use of
8080 7 federal, local, and private funds to benefit Illinois'
8181 8 farmland and open space.
8282 9 Section 10. Definitions. In this Act:
8383 10 "Application" means any application seeking moneys from
8484 11 the Illinois Natural Resources and Agricultural Legacy Fund.
8585 12 "Bargain sale" means the sale of a conservation easement
8686 13 from a property owner to a qualified easement holder for a
8787 14 price that is less than the appraised fair market value of the
8888 15 conservation easement as determined by an independent,
8989 16 third-party appraisal.
9090 17 "Committee" means the Legacy Act Technical Advisory
9191 18 Committee established under Section 35.
9292 19 "Conservation easement" has the same meaning given in the
9393 20 Illinois Conservation Enhancement Act.
9494 21 "Cost of acquisition" means all out-of-pocket direct costs
9595 22 of activities incurred in connection with the acquisition,
9696 23 processing, recording, and documentation of a conservation
9797 24 easement, such as appraisals, land surveys, title
9898 25 verification, closing costs, and stewardship endowments, which
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109109 1 may be required by applicable State laws and local ordinances
110110 2 or otherwise, to establish a conservation easement on real
111111 3 property. "Cost of acquisition" does not include any costs
112112 4 incurred by a holder for staffing, overhead, or operations.
113113 5 "Department" means the Department of Natural Resources
114114 6 unless otherwise specified.
115115 7 "Ecological management and maintenance activities" means
116116 8 actions that are designed to maintain, preserve, or improve
117117 9 the condition of native natural communities, the diversity of
118118 10 species, and ecological processes. "Ecological management and
119119 11 maintenance activities" includes prescribed burns, control of
120120 12 exotic and invasive species, fencing, and other similar
121121 13 practices identified as ecological management and maintenance
122122 14 activities by administrative rule of the Department.
123123 15 "Farmland" means (i) land devoted to agricultural,
124124 16 floricultural, horticultural, or silvicultural uses for the
125125 17 production of fiber, flowers, forest products, or food,
126126 18 including grains, fruits, vegetables, meat, dairy products,
127127 19 and mushrooms; (ii) land devoted to the raising or grazing of
128128 20 farm animals, including livestock, sheep, swine, horses,
129129 21 ponies, poultry, bees, or fish; and (iii) incidental land,
130130 22 such as farmstead areas, areas with agricultural buildings and
131131 23 infrastructure, and areas that are necessary for the efficient
132132 24 administration of an agricultural operation or that
133133 25 significantly augment the protection of associated farmland.
134134 26 "Historically underserved person" means a new and
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145145 1 beginning farmer, socially disadvantaged farmer, veteran
146146 2 farmer, or low-income farmer, as those terms are defined by
147147 3 regulations and policies of the U.S. Department of
148148 4 Agriculture, Natural Resources Conservation Service
149149 5 (USDA-NRCS).
150150 6 "Legacy Fund" means the Illinois Natural Resources and
151151 7 Agricultural Legacy Fund.
152152 8 "Open space" means those undeveloped or minimally
153153 9 developed lands that conserve and protect valuable natural
154154 10 features or processes.
155155 11 "Qualified easement holder" means (i) the Department or
156156 12 any other State agency; (ii) a federal agency; (iii) a unit of
157157 13 local government; (iv) a federally recognized Indian tribe; or
158158 14 (v) a 501(c)(3) nonprofit organization that is found by the
159159 15 Department to have the necessary experience to acquire
160160 16 conservation real estate, whether through purchase, donation,
161161 17 or transfer; the expertise and capacity to monitor and manage
162162 18 a conservation easement; and the ability to meet any
163163 19 additional criteria adopted by the Department by
164164 20 administrative rule.
165165 21 "Qualified land" means land that a landowner voluntarily
166166 22 seeks to be protected with a conservation easement, that shall
167167 23 include either open space, farmland, or a combination of open
168168 24 space and farmland, and that meets the qualifications set out
169169 25 in administrative rule by the Department.
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180180 1 Section 15. Establishment of the Illinois Natural
181181 2 Resources and Agricultural Legacy Fund; source of funding.
182182 3 (a) The Illinois Natural Resources and Agricultural Legacy
183183 4 Fund is established as a special fund in the State treasury to
184184 5 be managed by the Department. Interest earned by the Legacy
185185 6 Fund shall be credited to the Legacy Fund. Moneys from the fund
186186 7 shall be used as indicated in this Act, to support the
187187 8 protection and conservation of land, and to supplement the
188188 9 Department's resources.
189189 10 (b) The Illinois Natural Resources and Agricultural Legacy
190190 11 Fund shall consist of:
191191 12 (1) moneys appropriated to the Legacy Fund;
192192 13 (2) moneys from any other source, including proceeds
193193 14 from the sale of bonds or moneys from any other local,
194194 15 State, or federal program that is dedicated to the Legacy
195195 16 Fund; and
196196 17 (3) revenue derived from the sale of land or other
197197 18 assets donated or bequeathed to the Legacy Fund.
198198 19 (c) Moneys deposited into the Illinois Natural Resources
199199 20 and Agricultural Legacy Fund shall be used for the purposes
200200 21 described in this Act.
201201 22 Section 20. Grants; conditions of eligibility; permissible
202202 23 use of funds.
203203 24 (a) Moneys in the Legacy Fund shall be made available each
204204 25 fiscal year for the making of grants to qualified easement
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215215 1 holders whose applications for grant funding under this Act
216216 2 have been approved by the Department. The Department shall
217217 3 establish, by rule, the qualifications an applicant must meet
218218 4 to be awarded a grant under this Act.
219219 5 (b) Grants may be awarded from the Legacy Fund to
220220 6 qualified easement holders for any one or more of the
221221 7 following:
222222 8 (1) the purchase of conservation easements on
223223 9 qualified land;
224224 10 (2) the costs of acquisition related to the purchase
225225 11 of conservation easements approved by the program; and
226226 12 (3) the costs of ecological management and maintenance
227227 13 activities.
228228 14 (c) Through State fiscal year 2030, no more than 25% of the
229229 15 grant funds that are awarded under this Act in a fiscal year
230230 16 may be awarded to a qualified easement holder for the costs of
231231 17 ecological management and maintenance activities under
232232 18 paragraph (3).
233233 19 (d) Moneys in the Legacy Fund may also be used by the
234234 20 Department to pay allowable administrative costs of the
235235 21 Department. However, no more than 10% of the annual
236236 22 appropriation of moneys to the Legacy Fund shall be used to pay
237237 23 allowable administrative costs of the Department. As used in
238238 24 this subsection (d), "allowable administrative costs of the
239239 25 Department" includes costs for staffing to administer the
240240 26 program, whether at the Department or through consultants and
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251251 1 partners, such as Soil and Water Conservation Districts, and
252252 2 any related expenses and administrative support.
253253 3 (e) Not more than 40% of the total amount of awarded grant
254254 4 dollars in any one year shall be allocated to projects where
255255 5 the Department is the qualified easement holder.
256256 6 (f) The Legacy Fund amounts awarded for conservation
257257 7 easement purchases shall not exceed the fair market value of
258258 8 2,500 acres of conservation easements per year, using the
259259 9 average per-acre appraised value of all approved applications.
260260 10 Section 25. Administration; prioritization.
261261 11 (a) The Department shall establish and administer the
262262 12 Illinois Natural Resources and Agricultural Legacy Fund
263263 13 program. The Department shall develop, by rule, a scoring
264264 14 process for awarding grants. Grants for the purchase of
265265 15 conservation easements on qualified land shall be prioritized
266266 16 to:
267267 17 (1) prevent the fragmentation of farmland and the loss
268268 18 of open space to conversion; and
269269 19 (2) leverage local, federal, or private funding,
270270 20 including, but not limited to, leveraging through bargain
271271 21 sales.
272272 22 (b) Grants for the purchase of conservation easements of
273273 23 farmland shall additionally be prioritized to:
274274 24 (1) support farmland ownership by historically
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286286 1 (2) increase the supply of locally produced food in
287287 2 the State;
288288 3 (3) implement the recommendations of a U.S. Department
289289 4 of Agriculture Natural Resources Conservation Service
290290 5 (USDA-NRCS) Conservation Plan or similar management plan
291291 6 on farmland, thereby ensuring the protection of soils and
292292 7 water quality and implementation of conservation practices
293293 8 and regenerative farming principles; and
294294 9 (4) protect open space associated with farmland, such
295295 10 as edge of field practices, like riparian buffers.
296296 11 (c) Grants for the purchase of conservation easements of
297297 12 open space shall additionally be prioritized to:
298298 13 (1) support conservation priorities, including
299299 14 Illinois Natural Area Inventory (INAI) sites; and
300300 15 (2) protect biodiversity and wildlife habitat, aquatic
301301 16 and terrestrial habitat connectivity, water quality,
302302 17 watershed conservation, soil health, climate resilience
303303 18 (both adaptation and mitigation), local conservation
304304 19 plans, archeological sites, and public viewshed.
305305 20 (d) The scoring process established under this Section
306306 21 shall be unbiased as between conservation easements grants for
307307 22 farmland and for open space.
308308 23 Section 30. Authority to adopt rules. The Department shall
309309 24 adopt rules necessary to implement the provisions of this Act,
310310 25 including, but not limited to, rules that establish a process
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321321 1 for submitting and processing applications for grants and the
322322 2 criteria that an applicant must meet to be awarded a grant.
323323 3 Section 35. Establishment of the Legacy Act Technical
324324 4 Advisory Committee; membership; roles and duties.
325325 5 (a) The Legacy Act Technical Advisory Committee is
326326 6 established in the Department to provide technical
327327 7 recommendations related to the development of the grant
328328 8 program under this Act, its scoring criteria, and ongoing
329329 9 program administration. The membership of the Committee shall
330330 10 be as follows:
331331 11 (1) the Director of Agriculture or the Director's
332332 12 designee, who shall serve as chairperson;
333333 13 (2) a member who operates a family farm in this State,
334334 14 appointed by the Director of Natural Resources;
335335 15 (3) a member who has expertise in natural resources
336336 16 planning, appointed by the Director of Natural Resources;
337337 17 (4) a member who is the designated representative of a
338338 18 statewide agricultural organization, appointed by the
339339 19 Director of Natural Resources;
340340 20 (5) a member who is a designated representative of a
341341 21 land trust or statewide nonprofit conservation
342342 22 organization operating in this State, appointed by the
343343 23 Director of Natural Resources;
344344 24 (6) a member who is a designated representative of an
345345 25 educational institution, appointed by the Director of
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356356 1 Natural Resources;
357357 2 (7) a member who is the designated representative of
358358 3 soil and water conservation districts, the University of
359359 4 Illinois Extension, or the U.S. Department of Agriculture
360360 5 Natural Resources Conservation Service (USDA-NRCS),
361361 6 appointed by the Director of Natural Resources; and
362362 7 (8) a member representing the land use planning
363363 8 profession, appointed by the Director of Natural
364364 9 Resources.
365365 10 (b) The Committee shall convene and meet at the call of the
366366 11 chairperson or the Director of Natural Resources.
367367 12 (c) The Department shall provide administrative and other
368368 13 support to the Committee.
369369 14 (d) The members of the Committee shall serve without
370370 15 compensation but shall be reimbursed for their reasonable and
371371 16 necessary expenses by the Department.
372372 17 (20 ILCS 3988/Act rep.)
373373 18 Section 40. The Local Legacy Act is repealed.
374374 19 Section 45. The State Finance Act is amended by adding
375375 20 Section 5.1030 as follows:
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