IL
Illinois Senate Bill SB2466

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2466 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2466 Introduced 2/7/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new525 ILCS 35/2 from Ch. 85, par. 2102525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/9 from Ch. 85, par. 2109525 ILCS 35/2.01 rep.525 ILCS 35/2.02 rep.525 ILCS 35/2.03 rep.525 ILCS 35/2.04 rep.525 ILCS 35/2.05 rep.525 ILCS 35/11.1 rep. Amends the Open Space Lands Acquisition and Development Act. Provides that a distressed location project that is located within a distressed community shall be eligible for assistance of up to 100% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Specifies that a project that is located within a distressed community, regardless of whether the project is located within a distressed location, is eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Provides that a distressed location project that is not located in a distressed community shall be eligible for assistance of up to 75% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Directs the Department of Natural Resources to prioritize the making of grants under the Act for projects that are located in distressed locations and distressed communities. Sets limits on the appropriated amounts that may be used for grants to distressed communities and distressed locations. Repeals a provision that required the Department of Natural Resources to prepare a Distressed Local Government Report. Repeals provisions that define terms. Adds other definitions. Amends the Illinois Administrative Procedure Act. Grants emergency rulemaking powers to the Department of Natural Resources. LRB104 12226 BDA 22332 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2466 Introduced 2/7/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new525 ILCS 35/2 from Ch. 85, par. 2102525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/9 from Ch. 85, par. 2109525 ILCS 35/2.01 rep.525 ILCS 35/2.02 rep.525 ILCS 35/2.03 rep.525 ILCS 35/2.04 rep.525 ILCS 35/2.05 rep.525 ILCS 35/11.1 rep. 5 ILCS 100/5-45.65 new 525 ILCS 35/2 from Ch. 85, par. 2102 525 ILCS 35/3 from Ch. 85, par. 2103 525 ILCS 35/5 from Ch. 85, par. 2105 525 ILCS 35/6 from Ch. 85, par. 2106 525 ILCS 35/9 from Ch. 85, par. 2109 525 ILCS 35/2.01 rep. 525 ILCS 35/2.02 rep. 525 ILCS 35/2.03 rep. 525 ILCS 35/2.04 rep. 525 ILCS 35/2.05 rep. 525 ILCS 35/11.1 rep. Amends the Open Space Lands Acquisition and Development Act. Provides that a distressed location project that is located within a distressed community shall be eligible for assistance of up to 100% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Specifies that a project that is located within a distressed community, regardless of whether the project is located within a distressed location, is eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Provides that a distressed location project that is not located in a distressed community shall be eligible for assistance of up to 75% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Directs the Department of Natural Resources to prioritize the making of grants under the Act for projects that are located in distressed locations and distressed communities. Sets limits on the appropriated amounts that may be used for grants to distressed communities and distressed locations. Repeals a provision that required the Department of Natural Resources to prepare a Distressed Local Government Report. Repeals provisions that define terms. Adds other definitions. Amends the Illinois Administrative Procedure Act. Grants emergency rulemaking powers to the Department of Natural Resources. LRB104 12226 BDA 22332 b LRB104 12226 BDA 22332 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2466 Introduced 2/7/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
3+5 ILCS 100/5-45.65 new525 ILCS 35/2 from Ch. 85, par. 2102525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/9 from Ch. 85, par. 2109525 ILCS 35/2.01 rep.525 ILCS 35/2.02 rep.525 ILCS 35/2.03 rep.525 ILCS 35/2.04 rep.525 ILCS 35/2.05 rep.525 ILCS 35/11.1 rep. 5 ILCS 100/5-45.65 new 525 ILCS 35/2 from Ch. 85, par. 2102 525 ILCS 35/3 from Ch. 85, par. 2103 525 ILCS 35/5 from Ch. 85, par. 2105 525 ILCS 35/6 from Ch. 85, par. 2106 525 ILCS 35/9 from Ch. 85, par. 2109 525 ILCS 35/2.01 rep. 525 ILCS 35/2.02 rep. 525 ILCS 35/2.03 rep. 525 ILCS 35/2.04 rep. 525 ILCS 35/2.05 rep. 525 ILCS 35/11.1 rep.
4+5 ILCS 100/5-45.65 new
5+525 ILCS 35/2 from Ch. 85, par. 2102
6+525 ILCS 35/3 from Ch. 85, par. 2103
7+525 ILCS 35/5 from Ch. 85, par. 2105
8+525 ILCS 35/6 from Ch. 85, par. 2106
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16+Amends the Open Space Lands Acquisition and Development Act. Provides that a distressed location project that is located within a distressed community shall be eligible for assistance of up to 100% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Specifies that a project that is located within a distressed community, regardless of whether the project is located within a distressed location, is eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Provides that a distressed location project that is not located in a distressed community shall be eligible for assistance of up to 75% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Directs the Department of Natural Resources to prioritize the making of grants under the Act for projects that are located in distressed locations and distressed communities. Sets limits on the appropriated amounts that may be used for grants to distressed communities and distressed locations. Repeals a provision that required the Department of Natural Resources to prepare a Distressed Local Government Report. Repeals provisions that define terms. Adds other definitions. Amends the Illinois Administrative Procedure Act. Grants emergency rulemaking powers to the Department of Natural Resources.
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322 1 AN ACT concerning conservation.
423 2 Be it enacted by the People of the State of Illinois,
524 3 represented in the General Assembly:
625 4 Section 5. The Illinois Administrative Procedure Act is
726 5 amended by adding Section 5-45.65 as follows:
827 6 (5 ILCS 100/5-45.65 new)
928 7 Sec. 5-45.65. Emergency rulemaking; Department of Natural
1029 8 Resources. To provide for the expeditious and timely
1130 9 implementation of the Open Space Lands Acquisition and
1231 10 Development Act, emergency rules may be adopted in accordance
1332 11 with Section 5-45 by the Department of Natural Resources. The
1433 12 adoption of emergency rules authorized by Section 5-45 and
1534 13 this Section is deemed to be necessary for the public
1635 14 interest, safety, and welfare.
1736 15 This Section is repealed one year after the effective date
1837 16 of this amendatory Act of the 104th General Assembly.
1938 17 Section 10. The Open Space Lands Acquisition and
2039 18 Development Act is amended by changing Sections 2, 3, 5, 6, and
2140 19 9 as follows:
2241 20 (525 ILCS 35/2) (from Ch. 85, par. 2102)
2342 21 Sec. 2. Definitions. As used in this Act:
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46+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2466 Introduced 2/7/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
47+5 ILCS 100/5-45.65 new525 ILCS 35/2 from Ch. 85, par. 2102525 ILCS 35/3 from Ch. 85, par. 2103525 ILCS 35/5 from Ch. 85, par. 2105525 ILCS 35/6 from Ch. 85, par. 2106525 ILCS 35/9 from Ch. 85, par. 2109525 ILCS 35/2.01 rep.525 ILCS 35/2.02 rep.525 ILCS 35/2.03 rep.525 ILCS 35/2.04 rep.525 ILCS 35/2.05 rep.525 ILCS 35/11.1 rep. 5 ILCS 100/5-45.65 new 525 ILCS 35/2 from Ch. 85, par. 2102 525 ILCS 35/3 from Ch. 85, par. 2103 525 ILCS 35/5 from Ch. 85, par. 2105 525 ILCS 35/6 from Ch. 85, par. 2106 525 ILCS 35/9 from Ch. 85, par. 2109 525 ILCS 35/2.01 rep. 525 ILCS 35/2.02 rep. 525 ILCS 35/2.03 rep. 525 ILCS 35/2.04 rep. 525 ILCS 35/2.05 rep. 525 ILCS 35/11.1 rep.
48+5 ILCS 100/5-45.65 new
49+525 ILCS 35/2 from Ch. 85, par. 2102
50+525 ILCS 35/3 from Ch. 85, par. 2103
51+525 ILCS 35/5 from Ch. 85, par. 2105
52+525 ILCS 35/6 from Ch. 85, par. 2106
53+525 ILCS 35/9 from Ch. 85, par. 2109
54+525 ILCS 35/2.01 rep.
55+525 ILCS 35/2.02 rep.
56+525 ILCS 35/2.03 rep.
57+525 ILCS 35/2.04 rep.
58+525 ILCS 35/2.05 rep.
59+525 ILCS 35/11.1 rep.
60+Amends the Open Space Lands Acquisition and Development Act. Provides that a distressed location project that is located within a distressed community shall be eligible for assistance of up to 100% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Specifies that a project that is located within a distressed community, regardless of whether the project is located within a distressed location, is eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Provides that a distressed location project that is not located in a distressed community shall be eligible for assistance of up to 75% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Directs the Department of Natural Resources to prioritize the making of grants under the Act for projects that are located in distressed locations and distressed communities. Sets limits on the appropriated amounts that may be used for grants to distressed communities and distressed locations. Repeals a provision that required the Department of Natural Resources to prepare a Distressed Local Government Report. Repeals provisions that define terms. Adds other definitions. Amends the Illinois Administrative Procedure Act. Grants emergency rulemaking powers to the Department of Natural Resources.
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3299 1 "Applicant" means a local government that files an
33100 2 application for a grant under this Act.
34101 3 "Complete application" means an application that has all
35102 4 of the required documentation and is submitted within the
36103 5 notice of funding opportunity application period.
37104 6 "Department" means the Department of Natural Resources.
38105 7 "Director" means the Director of the Department of Natural
39106 8 Resources.
40107 9 "Distressed community" means an eligible unit of local
41108 10 government, as determined by the Department, that meets at
42109 11 least one of the following criteria, as determined by the
43110 12 Department:
44111 13 (1) the area has a poverty rate of at least 20%
45112 14 according to the latest federal decennial census;
46113 15 (2) 75% or more of the children in the area
47114 16 participate in the federal free lunch program according to
48115 17 reported statistics from the State Board of Education;
49116 18 (3) at least 20% of the households in the area receive
50117 19 assistance under the Supplemental Nutrition Assistance
51118 20 Program; or
52119 21 (4) the area has an average unemployment rate, as
53120 22 determined by the Department of Employment Security, that
54121 23 is more than 120% of the national unemployment average, as
55122 24 determined by the United States Department of Labor, for a
56123 25 period of at least 2 consecutive calendar years preceding
57124 26 the date of the application.
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68135 1 "Distressed location" means a census tract or comparable
69136 2 geographic area, as determined by the Department, that meets
70137 3 at least one of the following criteria, as determined by the
71138 4 Department:
72139 5 (1) the area has a poverty rate of at least 20%
73140 6 according to the latest federal decennial census;
74141 7 (2) 75% or more of the children in the area
75142 8 participate in the federal free lunch program according to
76143 9 reported statistics from the State Board of Education;
77144 10 (3) at least 20% of the households in the area receive
78145 11 assistance under the Supplemental Nutrition Assistance
79146 12 Program; or
80147 13 (4) the area has an average unemployment rate, as
81148 14 determined by the Department of Employment Security, that
82149 15 is more than 120% of the national unemployment average, as
83150 16 determined by the United States Department of Labor, for a
84151 17 period of at least 2 consecutive calendar years preceding
85152 18 the date of the application.
86153 19 "Local government" means a county, township, municipality,
87154 20 park district, conservation district, forest preserve
88155 21 district, river conservancy district, or any other unit of
89156 22 local government empowered to expend public funds for the
90157 23 acquisition and development of land for public outdoor parks
91158 24 or recreation or conservation purposes.
92159 25 "Notice of funding opportunity" means the notice provided
93160 26 to the public that is required under the Grant Accountability
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104171 1 and Transparency Act, which provides detailed instructions on
105172 2 how much funding is expected to be available, who can apply for
106173 3 the funding, how to apply for the funding, the notice of
107174 4 funding opportunity application period, and how the
108175 5 applications will be scored.
109176 6 "Notice of funding opportunity application period" means
110177 7 the period during which applications for grants issued under
111178 8 this Act must be submitted to the Department.
112179 9 "Project" means a proposal for the acquisition of open
113180 10 space lands or for the capital development of park,
114181 11 recreation, or conservation areas by a local government.
115182 12 As used in this Act, unless the context otherwise requires,
116183 13 the terms defined in the Sections following this Section and
117184 14 preceding Section 3 have the meanings ascribed to them in
118185 15 those Sections.
119186 16 (Source: P.A. 97-333, eff. 8-12-11.)
120187 17 (525 ILCS 35/3) (from Ch. 85, par. 2103)
121188 18 Sec. 3. Grants to local governments.
122189 19 (a) From appropriations made from the Capital Development
123190 20 Fund, Build Illinois Bond Fund or other available or
124191 21 designated funds for such purposes, the Department shall make
125192 22 grants to local governments as financial assistance for the
126193 23 capital development and improvement of park, recreation or
127194 24 conservation areas, marinas and shorelines, including planning
128195 25 and engineering costs, and for the acquisition of open space
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139206 1 lands, including acquisition of easements and other property
140207 2 interests less than fee simple ownership if the Department
141208 3 determines that such property interests are sufficient to
142209 4 carry out the purposes of this Act, subject to the conditions
143210 5 and limitations set forth in this Act.
144211 6 (b) No more than 10% of the amount so appropriated for any
145212 7 fiscal year may be committed or expended on any one project
146213 8 described in an application under this Act.
147214 9 (c) Except as otherwise provided in subsection (d) for
148215 10 grants awarded from new appropriations in fiscal years 2023
149216 11 through fiscal year 2025, any grant under this Act to a unit of
150217 12 local government shall be conditioned upon the state providing
151218 13 assistance on a 50/50 matching basis for the acquisition of
152219 14 open space lands and for capital development and improvement
153220 15 proposals.
154221 16 (d)(1) A distressed location project located within a
155222 17 distressed community shall be eligible, as determined by the
156223 18 Department, for assistance of up to 100% for the acquisition
157224 19 of open space lands and for capital development and
158225 20 improvement proposals that are in conformity with the purposes
159226 21 of this Act.
160227 22 (2) A project located within a distressed community,
161228 23 regardless of whether the project is located within a
162229 24 distressed location, However, a local government defined as
163230 25 "distressed" under criteria adopted by the Department through
164231 26 administrative rule shall be eligible, as determined by the
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175242 1 Department, for assistance of up to 90% for the acquisition of
176243 2 open space lands and for capital development and improvement
177244 3 proposals that are in conformity with the purposes of this Act
178245 4 as determined by the Department. , provided that
179246 5
180247 (3) A distressed location project that is not located in a
181248 6 distressed community shall be eligible, as determined by the
182249 7 Department, for assistance of up to 75% for the acquisition of
183250 8 open space lands and for capital development and improvement
184251 9 proposals that are in conformity with the purposes of this
185252 10 Act.
186253 11 (e) No no more than 10% of the amount appropriated under
187254 12 this Act in any fiscal year shall be is made available as
188255 13 grants to distressed communities under paragraph (1) of
189256 14 subsection (d). No more than 30% of the amount appropriated
190257 15 under this Act in any fiscal year shall be made available as
191258 16 grants to distressed communities under paragraph (2) of
192259 17 subsection (d). No more than 10% of the amount appropriated
193260 18 under this Act in any fiscal year shall be made available as
194261 19 grants to communities where the distressed location project in
195262 20 not located in a distressed community under paragraph (3) of
196263 21 subsection (d). local governments. For grants awarded from new
197264 22 appropriations in fiscal years 2023 through fiscal year 2025
198265 23 only, a local government defined as "distressed" is eligible
199266 24 for assistance up to 100% for the acquisition of open space
200267 25 lands and for capital development and improvement proposals.
201268 26 The Department may make more than 10% of the amount
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212279 1 appropriated in fiscal years 2023 through fiscal year 2025
213280 2 available as grants to distressed local governments.
214281 3 (f) To be awarded a grant under this Section, a grant
215282 4 applicant must submit a complete application and comply with
216283 5 the requirements of the notice of funding opportunity.
217284 6 (g) An advance payment of a minimum of 50% of any grant
218285 7 made to a unit of local government under this Act must be paid
219286 8 to the unit of local government at the time the Department
220287 9 awards the grant. A unit of local government may opt out of the
221288 10 advanced payment option at the time of the award of the grant.
222289 11 The remainder of the grant shall be distributed to the local
223290 12 government quarterly on a reimbursement basis. The Department
224291 13 shall consider an applicant's request for an extension to a
225292 14 grant under this Act if (i) the advanced payment is expended or
226293 15 legally obligated within the 2 years required by Section 5 of
227294 16 the Illinois Grant Funds Recovery Act or (ii) no advanced
228295 17 payment was made.
229296 18 (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
230297 19 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
231298 20 (525 ILCS 35/5) (from Ch. 85, par. 2105)
232299 21 Sec. 5. Prioritization of projects. In considering
233300 22 applications for grants under this Act, the Department shall
234301 23 give priority to projects that: which will
235302 24 (1) will provide the greatest benefit to the residents
236303 25 of the areas of the State which have the highest
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247314 1 concentration or density of population; ,
248315 2 (2) which are based upon criteria established by the
249316 3 Department that which reflect outdoor recreation needs and
250317 4 priorities identified through the Statewide Comprehensive
251318 5 Outdoor Recreation Plan (SCORP) Program carried out by the
252319 6 Department; , or
253320 7 (3) are located in distressed locations and distressed
254321 8 communities; or
255322 9 (4) which are located in flood plain areas.
256323 10 The total amount of grants made for any fiscal year may not
257324 11 exceed the amount of the appropriation for grants made for
258325 12 that fiscal year.
259326 13 (Source: P.A. 84-109.)
260327 14 (525 ILCS 35/6) (from Ch. 85, par. 2106)
261328 15 Sec. 6. Consideration of grant applications. The
262329 16 Department shall consider all applications for grants for a
263330 17 fiscal year before awarding any grants for that year. No
264331 18 consideration shall be given for that fiscal year to an
265332 19 application that has not been timely filed. If an application
266333 20 does not describe a project that is compatible with the
267334 21 purposes of this Act, the Department shall deny that
268335 22 application. The Department shall evaluate those applications
269336 23 that have been timely filed and have been approved as being
270337 24 compatible with the purposes of this Act and, subject to the
271338 25 limits established by Section 3, list in order of priority the
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282349 1 applicant, project and dollar amount of each grant recommended
283350 2 to be awarded. The Department shall also indicate on the
284351 3 priority listing of approved projects the last grant that
285352 4 which may be paid during that fiscal year because of the limit
286353 5 of moneys appropriated for grants for that fiscal year.
287354 6 (Source: P.A. 84-109.)
288355 7 (525 ILCS 35/9) (from Ch. 85, par. 2109)
289356 8 Sec. 9. Rulemaking. The Department shall adopt promulgate
290357 9 rules and regulations to effectuate the purposes of this Act.
291358 10 The Department may adopt emergency rules in accordance with
292359 11 Sections 5-45 and 5-45.65 of the Illinois Administrative
293360 12 Procedure Act. The adoption of emergency rules authorized by
294361 13 Sections 5-45 and 5-45.65 of the Illinois Administrative
295362 14 Procedure Act and this paragraph is deemed to be necessary for
296363 15 the public interest, safety, and welfare.
297364 16 (Source: P.A. 84-109.)
298365 17 (525 ILCS 35/2.01 rep.)
299366 18 (525 ILCS 35/2.02 rep.)
300367 19 (525 ILCS 35/2.03 rep.)
301368 20 (525 ILCS 35/2.04 rep.)
302369 21 (525 ILCS 35/2.05 rep.)
303370 22 (525 ILCS 35/11.1 rep.)
304371 23 Section 15. The Open Space Lands Acquisition and
305372 24 Development Act is amended by repealing Sections 2.01, 2.02,
306373
307374
308375
309376
310377
311- SB2466 Engrossed - 9 - LRB104 12226 BDA 22332 b
378+ SB2466 - 9 - LRB104 12226 BDA 22332 b
312379
313380
314-SB2466 Engrossed- 10 -LRB104 12226 BDA 22332 b SB2466 Engrossed - 10 - LRB104 12226 BDA 22332 b
315- SB2466 Engrossed - 10 - LRB104 12226 BDA 22332 b
316-1 2.03, 2.04, 2.05, and 11.1.
381+SB2466- 10 -LRB104 12226 BDA 22332 b SB2466 - 10 - LRB104 12226 BDA 22332 b
382+ SB2466 - 10 - LRB104 12226 BDA 22332 b
317383
318384
319385
320386
321387
322- SB2466 Engrossed - 10 - LRB104 12226 BDA 22332 b
388+ SB2466 - 10 - LRB104 12226 BDA 22332 b