HB4405 101ST GENERAL ASSEMBLY

LRB101 19648 CMG 69136 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4405

Introduced 1/29/2020, by Rep. Kelly M. Burke

SYNOPSIS AS INTRODUCED:

525 ILCS 35/3

from Ch. 85, par. 2103

Amends the Open Space Lands Acquisition and Development Act. Provides that any portion of an advanced grant payment not expended by a grantee within 2 years shall be returned to the Department of Natural Resources for distribution with the remainder of the grant on a reimbursement basis. Clarifies that grant funds may be made available for expenditure by a grantee for a period longer than 2 years as long as the grant funds have been legally obligated by the unit of local government prior to the expiration of the 2-year period. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 3 as follows:

(525 ILCS 35/3) (from Ch. 85, par. 2103)

Sec. 3. 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.

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.

Any grant under this Act to a 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. However, a local government defined as "distressed" under criteria adopted by the Department through administrative rule shall be eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals, provided that no more than 10% of the amount appropriated under this Act in any fiscal year is made available as grants to distressed local governments.

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. The remainder of the grant shall be distributed to the local government quarterly on a reimbursement basis. Any portion of the advanced payment not expended by the unit of local government within 2 years shall be returned by the unit of local government to the Department. The Department shall distribute any such returned amount along with the remainder of the grant to the unit of local government on a reimbursement basis. A grant may be extended for a period longer than 2 years to allow a unit of local government to complete an approved project and to make any remaining grant funds available for expenditure by the unit of local government if the grant funds have been legally obligated by the unit of local government prior to the expiration of the 2-year period. Nothing in this Act or the Illinois Grant Funds Recovery Act prohibits the Department from granting an extension beyond 2 years.

(Source: P.A. 98-326, eff. 8-12-13; 98-520, eff. 8-23-13; 98-756, eff. 7-16-14.)

Section 99. Effective date. This Act takes effect upon becoming law.