HB3096 102ND GENERAL ASSEMBLY

LRB102 10680 AWJ 16009 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3096

Introduced 2/19/2021, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-15.4-10
65 ILCS 5/11-15.4-13 new

Amends the Municipal Urban Agricultural Areas Division of the Illinois Municipal Code. Provides that the corporate authorities of a municipality may, by ordinance or resolution, establish an urban agricultural area committee for the purpose of transforming vacant lots in a disadvantaged community or communities within the municipality into an urban agricultural area. Provides that, before the municipality either approves or denies the creation of an urban agricultural area, the urban agricultural area committee shall: (1) review the geographic description of the proposed urban agricultural area and make recommendations as to the adequacy of the geographic area; (2) seek and compile a list of qualified farmers that would operate in the proposed urban agricultural area; (3) estimate the number of jobs to be created, maintained, or supported within the proposed urban agricultural area and the type of products to be produced; and (4) make recommendations as to how the vacant parcels shall be transformed into usable agricultural or aquaculture lots if the vacant lots are not immediately ready for a qualifying farmer. States the duration of such urban agricultural area. Allows agricultural or aquaculture use of vacant lots within the urban agricultural area, even if not zoned for such use, with reasonable setback, height, livestock, and poultry regulations.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Section 11-15.4-10 and by adding Section 11-15.4-13 as follows:

(65 ILCS 5/11-15.4-10)

Sec. 11-15.4-10. Urban agricultural area committee.

(a) The corporate authorities of a municipality that seek to establish an urban agricultural area shall first establish an urban agricultural area committee: (i) after it receives an application to establish an urban agricultural area under Section 11-15.4-15; or (ii) by ordinance or resolution under 11-15.4-13. There shall be 5 members on the committee. One member of the committee shall be a member of the municipality's board and shall be appointed by the board. The remaining 4 members shall be appointed by the president or mayor of the municipality. The 4 members chosen by the president or mayor shall all be residents of the municipality in which the urban agricultural area is to be located, and at least one of the 4 members shall have experience in or represent an organization associated with sustainable agriculture, urban farming, community gardening, or any of the activities or products authorized by this Division for urban agricultural areas.

(b) The members of the committee annually shall elect a chair from among the members. The members shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

(c) A majority of the members shall constitute a quorum of the committee for the purpose of conducting business and exercising the powers of the committee and for all other purposes. Action may be taken by the committee upon a vote of a majority of the members present.

(d) The role of the committee shall be to conduct the activities necessary to advise the corporate authorities of the municipality on the designation, modification, and termination of an urban agricultural area and any other advisory duties as determined by the corporate authorities of the municipality. The role of the committee after the designation of an urban agricultural area shall be review and assessment of an urban agricultural area's activities.

(Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/11-15.4-13 new)

Sec. 11-15.4-13. Urban agricultural area in disadvantaged communities.

(a) The corporate authorities of a municipality may, by ordinance or resolution, establish an urban agricultural area committee for the purpose of transforming vacant lots in a disadvantaged community or communities within the municipality into an urban agricultural area. The ordinance or resolution establishing the committee shall include the geographic description of the area to be included in the urban agricultural area.

(b) Before the municipality either approves or denies the creation of an urban agricultural area established under this Section, the urban agricultural area committee shall:

(1) review the geographic description of the proposed urban agricultural area and make recommendations as to the adequacy of the geographic area;

(2) seek and compile a list of qualified farmers that would operate in the proposed urban agricultural area;

(3) estimate the number of jobs to be created, maintained, or supported within the proposed urban agricultural area and the type of products to be produced; and

(4) make recommendations as to how the vacant parcels shall be transformed into usable agricultural or aquaculture lots if the vacant lots are not immediately ready for a qualifying farmer.

(c) Approval of the urban agricultural area by a municipality under 11-15.4-20 shall be reviewed every 5 years after the development of the urban agricultural area. After 25 years, the urban agricultural area shall dissolve. If the municipality finds during its review that the urban agricultural area is not meeting the requirements set out in this Division, the municipality may dissolve the urban agricultural area by ordinance or resolution.

(d) Notwithstanding any other provision of law, any vacant lots within an urban agricultural area that are zoned in a way that would prevent agricultural or aquaculture use may be used for such purposes in the urban agricultural area as provided in the ordinance approving the urban agricultural area. However, the municipality may provide for reasonable setback and height regulations and reasonable regulations as to the number of livestock or poultry on such lots.