Public Act 0421 104TH GENERAL ASSEMBLY

SB2455 Enrolled LRB104 12212 BDA 22317 b

Public Act 104-0421

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Urban and Community Forestry Assistance Act is amended by changing Sections 2, 4, 5, and 6 as follows:

(30 ILCS 735/2) (from Ch. 96 1/2, par. 9302)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires, the following terms have the meanings ascribed to them in this Section:

"Applicant" means either (i) a unit of local government or (ii) an . An Illinois chartered not-for-profit corporation that is working to assist units of local government or the Department in meeting the goals of this Act as defined in the General Not-For-Profit Corporation Act of 1986 can be a co-applicant with a unit of local government.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Not-for-profit corporation" means an Illinois chartered not-for-profit corporation as defined in the General Not For Profit Corporation Act of 1986.

"Public trees" means trees that are owned by a unit of local government.

"Public tree inventory" means an inventory, by a unit of local government, that is an assessment of the public trees located within its boundaries. This inventory shall include the collected data regarding the public trees and forests of the unit of local government and shall provide recommended action items to enable or enhance the future management of the trees and forests. Such recommendations may include the establishment, conservation, protection, and maintenance of public trees and forests.

"Underserved or disadvantaged" means a community, county, or portion thereof that is determined by the USDA Forest Service for federal grant purposes to be underserved or disadvantaged.

"Urban and / Community Forestry Proposal" means a written proposal documenting proposed action to be implemented to complete a specific project approved by the Department under this Act.

"Urban and / Community Forestry Management Plan" means a comprehensive document used to guide urban and / community forestry management decisions that is based on a public tree inventory that is less than 10 years old. It may contain contains information on history, policy, budget, inventory analysis of the forest ecosystem resources and management prescriptions, but, at a minimum, must contain and other information prescribed by rules adopted promulgated by the Department.

(Source: P.A. 89-172, eff. 1-1-96; 89-445, eff. 2-7-96.)

(30 ILCS 735/4) (from Ch. 96 1/2, par. 9304)

Sec. 4. Duties of Department. The Department shall:

(a) Promote the development of Urban and Community Forestry plans and programs in communities of this State to enhance for the establishment, management, and conservation of public trees located within the urban/community forest with units of local government.

(b) Provide technical expertise, assistance, guidance, planning, and analysis to grant recipients for programs, projects, and other works related to urban and / community forestry.

(c) Seek and review for approval acceptable Urban/Community Forestry Proposals submitted by applicants within the State.

(d) Provide oversight and assistance to units of local government and to grant recipients in managing urban and community forestry related grant proposals and programs regarding urban/community forest management, such as tree care, disease and insect problems, and tree planting and maintenance.

(e) Provide urban and community forestry information and guidance to the Illinois Council on Forestry Development Council and other State appropriate agencies and units of local government seeking urban and community forestry information or guidance with regard to urban/community forestry.

(Source: P.A. 89-172, eff. 1-1-96.)

(30 ILCS 735/5) (from Ch. 96 1/2, par. 9305)

Sec. 5. Application for assistance; forestry plan.

(a) Applicants may submit an Urban and / Community Forestry Proposal for assistance under the provisions of this Act.

(b) Requests for grant assistance shall include, but shall not be limited to, those activities that will implement or enhance:

(1) current Illinois Forest Action Plan objectives;

(2) local forestry program management objectives as determined by an urban and community forestry management plan;

(3) tree canopy capacity in underserved and disadvantaged areas of communities or counties; or

(4) urban and community forest canopy in Illinois communities and counties. a portion of the applicant's forestry program or forestry management plan or will lead to the development of a forestry management plan for the unit of local government.

(c) Multiple applicants may apply jointly for assistance under this Act, but payments shall be paid only in the manner prescribed by the Department in the grant award.

(d) The Department shall evaluate the application and notify the applicant of the qualification or non-qualification of the application. The evaluation shall consider, among other factors, the effect of the proposal on each of the following:

(1) The facilitation of improvements to the quality of the environment in Illinois forests, urban areas, and green space areas within the applicant's jurisdiction through the improved management and preservation of the urban and / community forest resources for the common good, health, welfare, and safety of the citizens of this State.

(2) The creation of employment opportunities in tree care, tree preservation, maintenance and related urban and / community forestry activities.

(3) The improvement of human health, environmental access, and Maximizing the potential of tree and vegetative cover to reduce urban heat island effects and in reducing energy consumption.

(4) The establishment and commitment to the management and improvement of the forest resources of the community.

(5) An increased public awareness.

(6) Increased participation of local citizenry and volunteers.

(7) Increased assistance to underserved or disadvantaged Illinois communities or counties.

(Source: P.A. 89-172, eff. 1-1-96.)

(30 ILCS 735/6) (from Ch. 96 1/2, par. 9306)

Sec. 6. Grants; sources and amounts. Urban and / Community Forestry Assistance Grants shall be made available from appropriations from the General Revenue Fund, Illinois Forestry Development Fund, or other sources as appropriated by the General Assembly. All The grants shall be limited to projects for which the applicant will provide any costs or matching funds as required under the notice of funding opportunity for the grant for which they have applied at least 50% of the cost. A single grant to a unit of local government shall not exceed 5% of the amount allocated for the grant program by the Department in the current fiscal year. The Department shall seek and obtain the advice of the Forestry Development Council with respect to awarding grants under this Section.

In the event that any unit of local government's contribution of the municipality's contribution to the payment of the program's cost of the program is to be made by contribution of in-kind in kind service, the application shall set forth in detail how such contribution will be made. In-kind contributions shall follow and meet all current federal and State grant requirements for in-kind contributions as set out in the grant award.

Units of local government may delegate program administration, including the receipt and expenditure of funds, to special boards by ordinance.

(Source: P.A. 91-157, eff. 7-16-99.)

Section 10. The State Forest Act is amended by changing Section 2.1 as follows:

(525 ILCS 40/2.1) (from Ch. 96 1/2, par. 5903)

Sec. 2.1. The following described areas are designated as State forests:

Big River State Forest in Henderson County;

Sand Ridge State Forest in Mason County;

Hidden Springs State Forest in Shelby County;

Lowden-Miller State Forest in Ogle County;

Sand Ridge State Forest in Mason County;

Spoon River State Forest in Knox County;

Trail of Tears State Forest in Union County;

Wildcat Hollow State Forest in Effingham County.

(Source: P.A. 78-817.)