Public Act 104-0423
 
SB2466 EnrolledLRB104 12226 BDA 22332 b

    AN ACT concerning conservation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Open Space Lands Acquisition and 
Development Act is amended by changing Sections 2, 3, 5, 6, and 
9 as follows:
 
    (525 ILCS 35/2)  (from Ch. 85, par. 2102)
    Sec. 2. Definitions. As used in this Act: 
    "Applicant" means a local government that files an 
application for a grant under this Act.
    "Complete application" means an application that has all 
of the required documentation and is submitted within the 
notice of funding opportunity application period.
    "Department" means the Department of Natural Resources.
    "Director" means the Director of Natural Resources.
    "Distressed community" means an eligible local government, 
as determined by the Department, that meets at least one of the 
following criteria, as determined by the Department:
        (1) the area has a poverty rate of at least 20% 
    according to the latest American Community Survey from the 
    United States Census Bureau;
        (2) 75% or more of the children in the area 
    participate in the national school lunch program according 
    to reported statistics from the State Board of Education;
        (3) at least 20% of the households in the area receive 
    assistance under the Supplemental Nutrition Assistance 
    Program; or
        (4) the area has an average unemployment rate, as 
    determined by the Department of Employment Security, that 
    is more than 120% of the national unemployment average, as 
    determined by the United States Department of Labor, for a 
    period of at least 2 consecutive calendar years preceding 
    the date of the application.
    If any one or more of the criteria listed in paragraphs 
(1), (2), (3), or (4) of this definition have not been 
published within 3 years of an application that is made under 
this Act, then any of the criteria that is over 3 years old 
shall not be used by the Department in determining if a local 
government is a distressed community.
    "Distressed location" means a census tract or comparable 
geographic area, as determined by the Department, that meets 
at least one of the following criteria, as determined by the 
Department:
        (1) the area has a poverty rate of at least 20% 
    according to the latest American Community Survey from the 
    United States Census Bureau;
        (2) 75% or more of the children in the area 
    participate in the national school lunch program according 
    to reported statistics from the State Board of Education;
        (3) at least 20% of the households in the area receive 
    assistance under the Supplemental Nutrition Assistance 
    Program; or
        (4) the area has an average unemployment rate, as 
    determined by the Department of Employment Security, that 
    is more than 120% of the national unemployment average, as 
    determined by the United States Department of Labor, for a 
    period of at least 2 consecutive calendar years preceding 
    the date of the application.
    If any one or more of the criteria listed in paragraphs 
(1), (2), (3), or (4) of this definition have not been 
published within 3 years of an application that is made under 
this Act, then any of the criteria that is over 3 years old 
shall not be used by the Department in determining if a 
location is a distressed location.
    "Local government" means a county, township, municipality, 
park district, conservation district, forest preserve 
district, river conservancy district, or any other unit of 
local government empowered to expend public funds for the 
acquisition and development of land for public outdoor parks 
or recreation or conservation purposes.
    "Notice of funding opportunity" means the notice provided 
to the public that is required under the Grant Accountability 
and Transparency Act, which provides detailed instructions on 
how much funding is expected to be available, who can apply for 
the funding, how to apply for the funding, the notice of 
funding opportunity application period, and how the 
applications will be scored.
    "Notice of funding opportunity application period" means 
the period during which applications for grants issued under 
this Act must be submitted to the Department.
    "Project" means a proposal for the acquisition of open 
space lands or for the capital development of park, 
recreation, or conservation areas by a local government. 
As used in this Act, unless the context otherwise requires, 
the terms defined in the Sections following this Section and 
preceding Section 3 have the meanings ascribed to them in 
those Sections.
(Source: P.A. 97-333, eff. 8-12-11.)
 
    (525 ILCS 35/3)  (from Ch. 85, par. 2103)
    Sec. 3. Grants to local governments. 
(a) From appropriations made from the Capital Development 
Fund, Build Illinois Bond Fund or other available or 
designated funds for such purposes, the Department shall make 
grants to local governments as financial assistance for the 
capital development and improvement of park, recreation or 
conservation areas, marinas and shorelines, including planning 
and engineering costs, and for the acquisition of open space 
lands, including acquisition of easements and other property 
interests less than fee simple ownership if the Department 
determines that such property interests are sufficient to 
carry out the purposes of this Act, subject to the conditions 
and limitations set forth in this Act.
    (b) No more than 10% of the amount so appropriated for any 
fiscal year may be committed or expended on any one project 
described in an application under this Act.
    (c) Except as otherwise provided in subsection (d) for 
grants awarded from new appropriations in fiscal years 2023 
through fiscal year 2025, any grant under this Act to a unit of 
local government shall be conditioned upon the state providing 
assistance on a 50/50 matching basis for the acquisition of 
open space lands and for capital development and improvement 
proposals. 
    (d)(1) A distressed location project located within a 
distressed community shall be eligible, as determined by the 
Department, 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 this Act.
    (2) A project located within a distressed community, 
regardless of whether the project is located within a 
distressed location, However, a local government defined as 
"distressed" under criteria adopted by the Department through 
administrative rule shall be eligible, as determined by the 
Department, for assistance of 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 this Act 
as determined by the Department. , provided that 
    (3) A distressed location project that is not located in a 
distressed community shall be eligible, as determined by the 
Department, 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 this 
Act. 
    (e) No no more than 10% of the amount appropriated under 
this Act in any fiscal year shall be is made available as 
grants to distressed communities under paragraph (1) of 
subsection (d). No more than 30% of the amount appropriated 
under this Act in any fiscal year shall be made available as 
grants to distressed communities under paragraph (2) of 
subsection (d). No more than 10% of the amount appropriated 
under this Act in any fiscal year shall be made available as 
grants to communities where the distressed location project is 
not located in a distressed community under paragraph (3) of 
subsection (d). local governments. For grants awarded from new 
appropriations in fiscal years 2023 through fiscal year 2025 
only, a local government defined as "distressed" is eligible 
for assistance up to 100% for the acquisition of open space 
lands and for capital development and improvement proposals. 
The Department may make more than 10% of the amount 
appropriated in fiscal years 2023 through fiscal year 2025 
available as grants to distressed local governments.
    (f) To be awarded a grant under this Section, a grant 
applicant must submit a complete application and comply with 
the requirements of the notice of funding opportunity. 
    (g) An advance payment of a minimum of 50% of any grant 
made to a unit of local government under this Act must be paid 
to the unit of local government at the time the Department 
awards the grant. A unit of local government may opt out of the 
advanced payment option at the time of the award of the grant. 
The remainder of the grant shall be distributed to the local 
government quarterly on a reimbursement basis. The Department 
shall consider an applicant's request for an extension to a 
grant under this Act if (i) the advanced payment is expended or 
legally obligated within the 2 years required by Section 5 of 
the Illinois Grant Funds Recovery Act or (ii) no advanced 
payment was made. 
(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; 
103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
 
    (525 ILCS 35/5)  (from Ch. 85, par. 2105)
    Sec. 5. Prioritization of projects. In considering 
applications for grants under this Act, the Department shall 
give priority to projects that: which will 
        (1) will provide the greatest benefit to the residents 
    of the areas of the State which have the highest 
    concentration or density of population; , 
        (2) which are based upon criteria established by the 
    Department that which reflect outdoor recreation needs and 
    priorities identified through the Statewide Comprehensive 
    Outdoor Recreation Plan (SCORP) Program carried out by the 
    Department; , or 
        (3) are located in distressed locations and distressed 
    communities; or 
        (4) which are located in flood plain areas.
    The total amount of grants made for any fiscal year may not 
exceed the amount of the appropriation for grants made for 
that fiscal year.
(Source: P.A. 84-109.)
 
    (525 ILCS 35/6)  (from Ch. 85, par. 2106)
    Sec. 6. Consideration of grant applications. The 
Department shall consider all applications for grants for a 
fiscal year before awarding any grants for that year. No 
consideration shall be given for that fiscal year to an 
application that has not been timely filed. If an application 
does not describe a project that is compatible with the 
purposes of this Act, the Department shall deny that 
application. The Department shall evaluate those applications 
that have been timely filed and have been approved as being 
compatible with the purposes of this Act and, subject to the 
limits established by Section 3, list in order of priority the 
applicant, project and dollar amount of each grant recommended 
to be awarded. The Department shall also indicate on the 
priority listing of approved projects the last grant that 
which may be paid during that fiscal year because of the limit 
of moneys appropriated for grants for that fiscal year.
(Source: P.A. 84-109.)
 
    (525 ILCS 35/9)  (from Ch. 85, par. 2109)
    Sec. 9. Rulemaking. The Department shall adopt promulgate 
rules and regulations to effectuate the purposes of this Act.
(Source: P.A. 84-109.)
 
    (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.)
    Section 15. The Open Space Lands Acquisition and 
Development Act is amended by repealing Sections 2.01, 2.02, 
2.03, 2.04, 2.05, and 11.1.