Section 700.APPENDIX E   Department of Commerce and Community Affairs' Farmland Preservation Policy and Cooperative Agreement

PREFACE

On July 22, 1980, Governor James R. Thompson signed an Executive Order entitled "Preservation of Illinois Farmland" which required the Department of Commerce and Community Affairs and other state agencies develop an agricultural land preservation policy.  In response to that Order, the Department of Commerce and Community Affairs has prepared the following policy document.

POLICY

It is the policy of the Department of Commerce and Community Affairs to support and promote the preservation of Illinois farmland.

BACKGROUND

The Department of Commerce and Community Affairs (DCCA) was established in 1979 to promote community and economic development in Illinois.  DCCA serves as the central source of information and assistance for businesses and local governments in order to:

Strengthen the state's economy

Strengthen local government leadership

Increase employment opportunities

The primary mission of the Department is to ensure economic stability, enhance business prosperity, increase employment and employment opportunities, and promote the increased capabilities of local governments and other public entities to achieve balanced development of economic, human and natural resources.

In fulfilling its goals, DCCA aids the public and private sectors.  DCCA does not engage in capital development projects.  The department assists communities and private companies engaged in development activities.  By promoting economic and community development DCCA may indirectly contribute to the conversion problem.  DCCA's farmland policy is intended to mitigate the department's indirect role in the conversion process, and make achievement of development goals compatible with established state policy regarding farmland preservation.

IMPACT OF AGENCY ACTIVITIES

A.        Marketing

DCCA marketing programs are designed to encourage and promote the continuing internal economic development of Illinois, and to sell Illinois around the world to business leaders and tourists.  Making business leaders in Illinois and throughout the world more aware of the state's business services and resources; increasing the visibility of the state's tourist attractions worldwide; and improving the self-image of Illinois and its communities are the primary objectives of DCCA marketing programs and services.  Illinois' strengths as a major business state are communicated within the state and around the world through advertising campaigns; publications; films, video tapes and multi-image presentations; trade shows and missions; marketing alliances such as Illinois, Inc.; exhibits; telemarketing campaigns; and personal contact among business leaders and DCCA marketing representatives.  Illinois tourist attractions are promoted through similar means with additional emphasis on consumer-oriented marketing activities targeted at business and pleasure travelers. Important components of the department's marketing programs and services help individual communities throughout Illinois improve and promote their business and community resources and tourist attractions.  Making Illinois a more profitable and productive home for business, and providing specific location and expansion services to individual firms are the objectives of an array of DCCA activities.

In cooperation with municipal authorities and realtors, data on available industrial sites and buildings throughout Illinois are computerized for a quick and precise match-up to a firm's specific location requirements.  Typical of information available is rail access, square feet, transportation and utility service.  Approximately 300 community profiles provide industrial clients seeking to expand or relocate with essential information on a particular community.

No overall figures are available on the amount of farmland converted as a result of Marketing's development activities.  However, since the majority of industrial prospects look for existing buildings, the loss of farmland due to development projects may be minimal.

B.        Program Administration

To ensure employment for its citizens and to maintain an adequate tax base for the funding of local government services and operations, a community must strive to encourage the growth of its existing businesses and to attract new firms.  Many DCCA programs are designed to help Illinois communities maintain and improve their business climates and services in both direct and indirect ways.  For example, some DCCA community development programs provide direct grants to units of local government to finance the expansion or location of specific firms.  Other programs help local government improve their general environment for the benefit of both business and residents and several programs subsidize individual households in a community.  Whatever their specific purpose or direct beneficiary, all DCCA community development programs are designed to make Illinois cities and towns the best homes in America for both people and business.

DCCA provides several types of programs and services to help establish a balance between the demand and supply of skilled labor in Illinois communities.  Some programs and services directly subsidize the employment training costs for specific businesses, while others provide funds to help finance community-wide employment training programs designed to provide income-eligible individuals with locally marketable job skills.  Other special programs focus on the training and employment needs of targeted groups such as homemakers, youth and individuals who have recently lost their jobs as the result of business closures due to economic difficulties or technological advances.

Businesses, units of local government, community organizations and individuals receive financial assistance directly from DCCA to promote the overall economic development of Illinois.  Financial assistance for business goes directly to firms from DCCA or may be passed through units of local government.  Financial assistance to units of local government may be used to fund the expansion and location of specific firms, or may be used to improve the overall community environment for the benefit of both business and people, and to finance business-related services.  Financial assistance to not-for-profit community organizations is passed through to eligible individuals and households, or may be used by the organizations to directly fund activities and projects of general benefits to the community or a targeted population.  Financial assistance programs to individuals and households are designed to improve and maintain the immediate living environment of citizens while reducing the demand for such assistance on units of local government.

Through its planning and technical assistance activities, the Program Administration promotes orderly and efficient community growth, an important element in farmland preservation.  Program Administration typically does not promote farmland conversions, and staff can often alert communities and local governments to the problems associated with farmland conversion.

IMPACT MITIGATION

The Department of Commerce and Community Affairs can best promote farmland preservation by serving in an educational and informational role.  The Department can build a concern for farmland preservation into its programs by:

1.         DCCA's industrial location programs will provide information to prospective firms on the state policy regarding farmland preservation, and its relationship to federal aid.  DCCA will encourage location near existing development or development consistent with an overall community growth strategy or plan.

2.         To facilitate the early identification of projects with potential agricultural impacts, indication of soil quality will be made in DCCA's industrial site location information.  The Illinois Department of Agriculture (DOA) will assist with this soil assessment.

3.         DCCA will consult with DOA regarding private agricultural conversion. Within the constraints of prospect confidentiality, DCCA will notify DOA of the locating decisions of businesses and industries and will request an Agricultural Impact Statement be compiled for locations further than 1½ miles from the authority of a municipality.

4.         DCCA will educate communities on the benefits of farmland preservation.  When practical, grantors will use the state policy of farmland preservation among the grant selection criteria.

(1981; revised)

COOPERATIVE AGREEMENT

This Cooperative Agreement between the Department of Commerce and Community Affairs and the Department of Agriculture is part of the Department of Commerce and Community Affairs' Farmland Preservation Policy, adopted to reduce the conversion of Illinois' agricultural lands.  The Department of Commerce and Community Affairs and the Department of Agriculture agree to the following:

I.          The Department of Commerce and Community Affairs will inform the prospective firm of the State of Illinois' commitment to the preservation of prime agricultural land and encourage the firm to seek a location that conforms with existing land use practices and plans by providing copies of the Farmland Preservation Act (Ill. Rev. Stat. 1983, ch. 5, pars. 1301 et seq.).

II.        The Department of Commerce and Community Affairs will provide the Department of Agriculture with all information concerning industrial sites currently held in the Department of Commerce and Community Affairs' data base.  The Department of Agriculture will identify those sites which are classified as "prime agricultural."  The Department of Commerce and Community Affairs will make adjustments in its data base to indicate those sites as identified.  The Department of Commerce and Community Affairs will provide a copy of Executive Order 80-4 to the prospective firm in all instances where a "prime agricultural" site is under consideration by the firm.

III.       In instances where a prospective firm identifies a "prime agricultural" site as the future location of its facility and the site is greater than 10 acres and is not within the 1½ mile planning jurisdiction of a community, or properly zoned and controlled or inconsistent with local plans, the Department of Commerce and Community Affairs will contact the Department of Agriculture.  The Department of Agriculture will decide whether the preparation of an Agricultural Impact Statement is appropriate.  During the preparation of the A.I.S. and related D.O.A. comments on the use of state inducements for business expansion on that site DCCA will delay its firm offers of assistance in order to allow time for any needed conflict resolution to occur as referred in paragraph VII.

IV.       The Department of Commerce and Community Affairs' housing technical assistance staff will provide information to housing authorities and developers concerning Executive Order 80-4.

Department of Agriculture Responsibilities

V.        The Department of Agriculture will complete the Agricultural Impact Statement in the time specified by the Department of Commerce and Community Affairs.  Such time will be not less than 15 days and not longer than 45 days.

VI.       The Department of Agriculture will take all possible measures in accordance with The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.) to insure that private sector and/or individual matters relating to the implementation of this Agreement will remain confidential.

VII.     The Department of Agriculture shall follow the conflict resolution process when disputes arise between the the two Departments.  This process shall require the Department of Agriculture to advise the Director of the Department of Commerce and Community Affairs, of the conflict as seen by D.O.A.  If resolution is not obtained within 14 business days each agency shall present its position to its Program Liaison in the Governor's Office.

VIII.    This Cooperative Agreement and the associated Farmland Preservation Policy shall be the governing document for the Department of Commerce and Community Affairs and shall not be preempted in whole or in part by any other agency's agreement.

(February, 1982; revised)