Public Act 104-0421
 
SB2455 EnrolledLRB104 12212 BDA 22317 b

    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.)