093_HB2485ham001 LRB093 08473 BDD 12565 a 1 AMENDMENT TO HOUSE BILL 2485 2 AMENDMENT NO. . Amend House Bill 2485 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 Illinois Farmland Protection Act. 6 Section 5. Statement of legislative intent. It is the 7 policy of the State, as declared in the Farmland Preservation 8 Act (505 ILCS 75/) to conserve, protect, and encourage the 9 development and improvement of its agricultural lands for the 10 production of food, fiber, and other agricultural products. 11 It is also the policy of this State to conserve and protect 12 agricultural lands as valued natural and ecological 13 resources, which provide needed open spaces for clean air and 14 water sheds as well as for aesthetic purposes. 15 Agriculture in many parts of Illinois is under intense 16 development pressure from expanding metropolitan areas. 17 Approximately 4,000,000 acres of land in farms was converted 18 to other land uses between 1950 and 2001. This pressure takes 19 the form of scattered development in wide belts around 20 urbanizing areas, which create land uses that conflict with 21 the management of agricultural operations. When scattered 22 development extends into agricultural areas, land prices -2- LRB093 08473 BDD 12565 a 1 begin to rise, making it difficult for existing farms to 2 expand their operations and new farms to begin operation. 3 Certain agricultural lands in urbanizing areas constitute 4 prime and soil resources of local, State, and national 5 importance. It is the purpose of this Act to provide local 6 government with a means by which farmland may be protected 7 and by which agricultural communities may be enhanced so as 8 to remain a viable segment of this State's economy. 9 It is further the purpose of this Act to: 10 (1) Encourage landowners to make a long-term 11 commitment to agriculture by offering them financial 12 incentives and security of land use. 13 (2) Protect farming operations in locally 14 designated areas from incompatible non-farm land uses 15 that may render agricultural production impracticable. 16 (3) Ensure the permanent conservation of productive 17 agricultural lands, through the use of Agricultural 18 Conservation Easements under the Illinois Real Property 19 Conservation Rights Act (765 ILCS 120/) in order to 20 protect and enhance the economy of the State. 21 (4) Provide compensation to landowners in exchange 22 for the relinquishment of the right to develop their 23 private property. 24 (5) Create an Illinois Farmland Protection Fund 25 Program to assist units of local government in funding 26 farmland protection plans and obtaining matching federal 27 Farmland and Ranch Protection Program funding for the 28 purchase of Agricultural Conservation Easements. 29 (6) This Act does not replace or supersede any 30 existing local farmland protection program enacted prior 31 to the passing of this Act. 32 Section 10. Definitions. As used in this Act, unless the 33 context otherwise requires, the terms specified in this -3- LRB093 08473 BDD 12565 a 1 Section have the following meaning ascribed to them: 2 "Act" means Illinois Farmland Protection Act. 3 "Agricultural area" means an area of not less than 350 4 acres of viable farmland in accordance with the Agricultural 5 Areas Conservation and Protection Act (505 ILCS 5/). 6 "Agricultural conservation easement" means an interest in 7 land, less than fee simple, that represents the right to 8 prevent the development or improvement of the land for any 9 purpose other than agricultural production. The owner of the 10 farmland may grant the easement to any third party or to the 11 State, to a non-governmental organization, or to a local 12 government. 13 "Agricultural production" means the production for 14 commercial purposes of crops, livestock, and livestock and 15 aquatic products, but not land or portions thereof used for 16 the processing of these crops, livestock or livestock or 17 aquatic products. 18 "Board" means a county or township board or the corporate 19 authorities of a municipality. 20 "Crops, livestock, and livestock and aquatic products" 21 include, but are not limited to, the following: legumes; hay; 22 grain; fruit; truck or vegetable crops; floriculture; 23 horticulture; mushroom growing; nurseries; orchards; 24 forestry; greenhouses and aquatic products as defined in the 25 Aquaculture Development Act; the keeping, raising and feeding 26 of livestock or poultry, including dairying, poultry, swine, 27 sheep, beef cattle, pony and horse production; fur and 28 wildlife farms; farm buildings used for growing, harvesting 29 and preparing crop products for market, or for use on the 30 farm; roadside stands; farm buildings for storing, 31 maintaining, and protecting farm machinery and equipment from 32 the elements, for housing livestock or poultry and for 33 preparing livestock or poultry products for market; and farm 34 dwellings occupied by farm owners, operators, tenants, or -4- LRB093 08473 BDD 12565 a 1 seasonal or year-round hired workers. 2 "Department" means the Illinois Department of 3 Agriculture. 4 "Farmland protection plan" means the written plan adopted 5 by a board to implement a farmland protection program and 6 includes goals, policies, and procedures for preserving 7 viable farmland identified within the jurisdiction of the 8 local government and includes properly adopted amendments or 9 additions to the plan. 10 "Farmland protection program" means a program with the 11 purpose of protecting parcels of farmland with a local 12 government through the sale or donation of agricultural 13 conservation easements for farmland protection purposes. 14 "Farmland protection purposes" includes (i) the 15 preservation and maintenance of farmland threatened by 16 encroachment from non-agricultural uses; (ii) the management 17 and use of that property in a manner and with restrictions 18 that will leave it unimpaired for the benefit of future 19 generations; and (iii) otherwise promoting the conservation 20 of the natural resources of the local government. 21 "Local government" means a county, township, or 22 municipality. 23 "Viable farmland" means any land suitable for 24 agricultural production and that will continue to be 25 economically feasible for this use if real estate taxes, farm 26 use restrictions, and speculative activities are limited to 27 levels approximating those in commercial agricultural areas 28 that are not influenced by the proximity of urban and related 29 non-agricultural development. 30 Section 15. Farmland protection plan; petition. 31 (a) A board desiring to enter into a farmland protection 32 program may do so only after adoption of a farmland 33 protection plan under Section 20. The board shall commence -5- LRB093 08473 BDD 12565 a 1 preparation of a farmland protection plan under that Section 2 through either a majority vote of the board or through the 3 filing with the local government clerk or appropriate office 4 of a petition signed by not less than 5% or 50, whichever is 5 greater, of the registered voters of the local government, 6 according to the voting registration records at the time the 7 petition is filed, recommending that the board commence 8 preparation of a farmland protection plan. 9 (b) A proposed farmland protection plan shall: (i) 10 identify all farmland within the local government that the 11 board deems potentially necessary to protect with 12 agricultural conservation easements in order to accomplish 13 the purposes of the farmland protection program; (ii) state 14 the ways in which the acquisition of agricultural 15 conservation easements on tracts of farmland in the local 16 government will further the farmland protection purposes; 17 (iii) state the estimated costs of implementing the proposed 18 plan; (iv) state the approximate tax, per $100 of assessed 19 value, that will be levied to provide the necessary funds for 20 implementing the proposed plan; (v) state the estimated 21 timetable for implementing the proposed plan; and (vi) 22 establish standards and procedures for establishing 23 priorities for the acquisition of agricultural conservation 24 easements on parcels identified in the plan. 25 Section 20. Eligibility. Only viable farmland planned 26 and zoned for agricultural use through the local government's 27 most current comprehensive plan and zoning ordinance and 28 identified in a farmland protection plan shall be eligible 29 for the purchase of an agricultural conservation easement as 30 part of an approved farmland protection program. The board 31 may purchase agricultural conservation easements only from 32 willing owners and may not exercise its power of eminent 33 domain to acquire these interests. Farmland recorded as part -6- LRB093 08473 BDD 12565 a 1 of an agricultural area in accordance with the Agricultural 2 Areas Conservation and Protection Act and located within the 3 farmland protection plan should be given preference in the 4 creation of the farmland protection plan. 5 Section 25. Public hearing. 6 (a) Before adopting a farmland protection plan or an 7 amendment to an existing plan, the board must conduct a 8 public hearing on the plan or amendment, recommend adoption 9 of the farmland protection plan or receive a recommendation 10 by petition of the voters of the local government under 11 Section 30 that the farmland protection plan be adopted, and 12 submit the question of adoption of the farmland protection 13 plan to the local government voters under Section 30. 14 (b) The board must cause to be prepared a notice of the 15 public hearing stating the date, time, place, and purpose of 16 the hearing. The local government clerk must cause the notice 17 to be published in a newspaper of general circulation in the 18 local government not less than 15 nor more than 30 days 19 before the date of the hearing. The local government must 20 also meet any additional notice requirements required by 21 local law. A copy of the proposed plan also shall be filed 22 with the local government clerk, who shall make it available 23 to the general public for inspection after publication of the 24 notice of public hearing. 25 (c) At the public hearing, all persons desiring to offer 26 statements or other evidence in support of or in opposition 27 to the proposed plan must be afforded an opportunity to do so 28 orally, in writing, or both. Public comments or suggestions 29 that do not materially change the geographical limits or 30 functionality of the farmland protection plan may be 31 incorporated into the farmland protection plan without 32 requiring a new public hearing. 33 (d) Within 60 days after the public hearing, the board -7- LRB093 08473 BDD 12565 a 1 shall consider all of the evidence before it and shall, based 2 upon that evidence, recommend the adoption or rejection of 3 the proposed farmland protection plan in whole or in part. 4 The board's recommendation must be in writing. If the board 5 does not recommend adoption or rejection of the proposed 6 farmland protection plan, or if a petition from the voters of 7 the local government recommending adoption of the farmland 8 protection plan is not filed with the local government clerk 9 within 60 days after the public hearing, the farmland 10 protection plan may not be subsequently adopted unless 11 another public hearing is held and notice given as provided 12 in this Section. A recommendation by the board or by petition 13 under this subsection (d) to adopt a farmland protection plan 14 shall be made no later than 138 calendar days before the next 15 regular election in order for the question of the adoption of 16 the farmland protection plan to appear on the ballot at that 17 election. If the question of the adoption of the farmland 18 protection plan does not appear on the ballot, the farmland 19 protection plan may not be subsequently adopted unless 20 another public hearing is held and notice given under this 21 Section. 22 Section 30. Referendum on recommended plan; petition. 23 (a) If the board recommends adoption of a farmland 24 protection plan or if a petition is filed by not less than 5% 25 or 50, whichever is greater, of the registered voters of the 26 local government, according to the voting registration 27 records at the time the petition is filed, recommending 28 adoption of the farmland protection plan, then the board, 29 within 30 days after making the recommendation or after the 30 filing of the petition, shall file a petition with the local 31 government clerk or appropriate office, requesting the clerk 32 to submit to the voters of the local government the question 33 of whether the local government shall adopt the farmland -8- LRB093 08473 BDD 12565 a 1 protection plan and enter into a farmland protection program, 2 with the power to acquire farmland by purchasing agricultural 3 conservation easements on designated properties in the local 4 government and with the power to issue bonds for those 5 purposes under this Act. The local government clerk shall 6 certify that proposition to the proper election officials, 7 who shall submit the proposition to the local government 8 voters at the next regular election. The referendum shall be 9 conducted and notice given in accordance with the general 10 election law. 11 (b) The question submitted to the voters at the election 12 shall be in substantially the following form: 13 Shall (name of local government) adopt the farmland 14 protection plan considered at the public hearing on 15 (date) and enter upon a farmland protection program, and 16 shall the (local government board) have the power (i) to 17 acquire agricultural conservation easements on viable 18 farmland by purchase from willing owners, (ii) to issue 19 bonds for farmland protection purposes in an amount not 20 exceeding 5.75% of the valuation of all taxable property 21 in the local government, and (iii) to levy a tax to pay 22 the principal of and interest on those bonds, as provided 23 in(appropriate section of pertinent code)? 24 The votes shall be recorded as "Yes" or "No". 25 (c) If a majority of the voters voting at the election 26 on the question vote in favor of the question, the local 27 government shall thereafter adopt the farmland protection 28 plan. If the proposition does not receive the approval of a 29 majority of the voters voting at the election on the 30 question, no proposition may be submitted to the voters under 31 this Section less than 11 months after the date of the 32 election. 33 Section 35. Amendments or additions to plan. If the -9- LRB093 08473 BDD 12565 a 1 board recommends any amendments or additions to a plan that 2 has been adopted by a local government, no property that is 3 the subject of the amendment or addition may be restricted 4 through an agricultural conservation easement until the 5 revised plan is approved by the voters at a referendum under 6 Section 30 unless the amendments or additions do not provide 7 for expenditures in excess of those provided in the original 8 plan. 9 Section 40. Municipalities; notice and objections. 10 Within 10 days after publishing the notice of the proposed 11 farmland protection plan within a newspaper as provided under 12 Section 25 of this Act, if the farmland protection plan 13 recommended for adoption under Section 25 contains property 14 that is situated within one and one-half miles of the 15 corporate limits of any municipality, the board shall notify 16 the municipal authorities of the affected municipality of 17 this proposed farmland protection plan. The municipal 18 authorities may object to the proposal if the objection is 19 presented to a board member within 30 days of the municipal 20 authority's receipt of the notice of the proposal. Upon 21 receipt of the objection by the board member, the proposed 22 farmland protection plan shall be modified to exclude the 23 real estate within one and one-half miles of the corporate 24 limits of the municipality unless the property in question is 25 approved for inclusion in the farmland protection plan by a 26 favorable vote of three-fourths of all members of the board. 27 If no objection is received within the specified time period, 28 the affected real estate shall be included in the farmland 29 protection plan. 30 Section 45. Powers of the board. In any local government 31 in which the establishment of a farmland protection program 32 has been authorized by the voters under this Act, the board, -10- LRB093 08473 BDD 12565 a 1 to the extent necessary to carry out the purposes of this Act 2 and in addition to any other powers, duties, and functions 3 vested in a local government by law (but subject to 4 limitations and restrictions imposed by this or any other 5 law), has the powers enumerated in Sections 50 through 65. 6 Section 50. Study; coordinated plan. The board may study 7 and ascertain the viable farmland resources in the local 8 government, the need for preserving those resources, and the 9 extent to which those needs are being currently met. The 10 board may prepare and adopt a coordinated plan of areas to 11 meet those needs that refers to and complements farmland 12 protection plans and other land conservation plans enacted or 13 planned by the local government or adjacent local 14 governments. 15 Section 55. Acceptance of money and personal property. 16 The board may accept on behalf of the local government gifts, 17 grants, bequests, contributions, and appropriations of money 18 and other personal property for farmland protection purposes. 19 Section 60. Executive officer. The board may employ and 20 fix the compensation of an executive officer who shall be 21 responsible to the board for the carrying out of its 22 policies. The executive officer shall have the power, 23 subject to the approval of the board, to employ and fix the 24 compensation of assistants and employees as the board 25 considers necessary for carrying out the purposes and 26 provisions of this Act. 27 Section 65. Borrowing money; bonds. The local government 28 board may borrow money and issue bonds through a referendum 29 for the purpose of acquiring agricultural conservation 30 easements on viable farmland for farmland protection -11- LRB093 08473 BDD 12565 a 1 purposes, as defined in Section 10, pursuant to a farmland 2 protection program adopted in and for the local government in 3 any amount not to exceed 5.75% on the valuation of taxable 4 property in the local government, to be ascertained by the 5 last assessment for State and county taxes previous to the 6 incurring of the indebtedness. 7 Whenever the board desires to issue bonds under this Act, 8 or whenever the board receives a petition from not less than 9 5% or 50, whichever is greater, of the registered voters of 10 the local government, according to the voting registration 11 records at the time the petition is filed, requesting the 12 board to issue bonds under this Act, the board, concurrently 13 with the filing of a petition with the local government clerk 14 or appropriate office requesting it to submit to the voters 15 of the local government at the next election the question of 16 whether or not to adopt a farmland protection plan and enter 17 upon a farmland protection program, shall certify that 18 proposition to the proper election officials who shall submit 19 to the voters of the local government at the next election 20 the question of whether or not the board shall issue bonds to 21 finance a farmland protection program and provide for the 22 levy and collection of a direct annual tax upon all taxable 23 property within the local government to meet the principal 24 and interest on the bonds as they mature. This tax shall be 25 in addition to and in excess of any other tax authorized to 26 be levied by the local government. The election shall be 27 conducted and notice given in accordance with the general 28 election law. The question submitted to the voters at the 29 election shall be in substantially the following form: 30 Shall (name of the local government) issue bonds to 31 finance the acquisition of agricultural conservation 32 easements on viable farmland for farmland protection 33 purposes as provided by the Illinois Farmland Protection 34 Act and levy and collect property taxes, in excess of any -12- LRB093 08473 BDD 12565 a 1 other tax authorized to be levied by the local 2 government, sufficient to meet the principal and interest 3 on the bonds as they mature, but not in an amount in 4 excess of 5.75% on the valuation of taxable property in 5 the local government? 6 The votes shall be recorded as "Yes" or "No". 7 If a majority of the voters voting on the question vote 8 in favor of the question, the board shall issue bonds as 9 provided in this Act provided that the bonds are issued 10 within 6 months after the voters vote favorably on the 11 question. If the proposition does not receive the approval of 12 a majority of the voters voting at the election on the 13 question, no proposition may be submitted to such voters 14 pursuant to this Section less than 11 months after the date 15 of the election. 16 The board shall then adopt a resolution authorizing the 17 issuance of the bonds, prescribing all the details thereof, 18 and stating the time or times when the principal of and the 19 interest on the bonds become payable, and the place of 20 payment of the bonds. The bonds must, however, be payable 21 within not less than 3 nor more than 40 years from the date 22 of issue, and be issued to bear interest at, but not to 23 exceed the maximum rate authorized by the Bond Authorization 24 Act. The resolution shall provide for the levy and collection 25 of a direct annual tax upon all the taxable property within 26 the corporate limits of the local government sufficient to 27 meet the principal of and interest on the bonds as they 28 mature. This tax shall be in addition to and in excess of any 29 other tax authorized to be levied by the local government. 30 A certified copy of the resolution providing for the 31 issuance of the bonds shall be filed with the county clerk of 32 the county in which the local government is located and 33 constitutes the basis and authority of the county clerk for 34 the extension and collection of the tax necessary to pay the -13- LRB093 08473 BDD 12565 a 1 principal of and interest upon the bonds issued under the 2 resolution. 3 With respect to instruments for the payment of money 4 issued under this Section, it is the intention of the General 5 Assembly (i) that the Omnibus Bond Acts are and always have 6 been supplementary grants of power to issue instruments in 7 accordance with the Omnibus Bond Acts, regardless of any 8 provision of this Act that may appear to be or to have been 9 more restrictive than those Acts, (ii) that the provisions of 10 this Section are not a limitation on the supplementary 11 authority granted by the Omnibus Bonds Acts, and (iii) that 12 instruments issued under this Section within the 13 supplementary authority granted by the Omnibus Bond Acts are 14 not invalid because of any provision of this Act that may 15 appear to be or to have been more restrictive than those 16 Acts. 17 Section 70. Report. No later than March 31 of each 18 calendar year, the board of any local government that has 19 established a farmland protection program under the 20 provisions of this Act shall file with the local government 21 clerk or appropriate office a report describing the actions 22 taken by the board to implement its farmland protection plan. 23 This report must include at least the following information: 24 (1) The amount of taxes levied and received by the 25 local government in the preceding calendar year. 26 (2) The amount of all monies spent in the preceding 27 calendar year in implementing the farmland protection 28 plan and the specific purposes for which all monies were 29 spent. 30 (3) The legal and common descriptions of all 31 agricultural conservation easements acquired in the 32 preceding calendar year. 33 (4) The current total projection of farmland area -14- LRB093 08473 BDD 12565 a 1 to be protected under the farmland protection program. 2 This report must be provided to the Department within 30 3 days after the report's formal filing with the local 4 government clerk or appropriate office. 5 Section 75. Illinois Farmland Protection Fund Program. 6 (a) The provision of lands for the conservation of 7 agricultural resources for protecting the public health, 8 prosperity, and general welfare is the proper responsibility 9 of State government. Lands now dedicated to these purposes 10 are not adequate to protect the quality of life and meet the 11 needs of an expanding population. Agricultural lands provide 12 critical food and fiber and the best, most productive and 13 most viable are in need of protection. The opportunity to 14 acquire agricultural conservation easements on lands in many 15 communities that are available and appropriate for these 16 purposes will gradually disappear as their value and 17 corresponding cost increases due to the encroachment of urban 18 development. It is desirable to encourage partnerships among 19 federal, State, and local governments, non-governmental 20 organizations and not-for-profit corporations for the 21 acquisition of agricultural conservation easements from 22 willing owners. It is necessary and desirable to provide 23 assistance in the form of grants to local governments to 24 acquire strategic agricultural conservation easements for 25 viable farmland. 26 (b) The Department has the following authority: 27 (1) To develop and administer rules for carrying 28 out the Illinois Farmland Protection Fund Program. 29 (2) To award grants to local governments under this 30 Act, subject to annual State appropriations for the 31 purpose of farmland protection. 32 (3) To acquire agricultural conservation easements 33 from willing owners. -15- LRB093 08473 BDD 12565 a 1 (4) To execute contracts, grant agreements, 2 memoranda of understanding, intergovernmental cooperation 3 agreements, and any other agreements with other State 4 agencies, non-governmental organizations and local 5 governments that are necessary to implement this Act. 6 (5) To accept grants, loans, or appropriations from 7 the federal government or the State, or any agency or 8 instrumentality thereof, for the purposes of the 9 Department under this Act, and to enter into any 10 agreement with the federal government or the State, or 11 any agency or instrumentality thereof, in relationship to 12 the grants, or appropriations. 13 (6) To establish application, eligibility, 14 selection, notification, contract, and other procedures, 15 rules, guidelines, directives, or regulations deemed 16 necessary and appropriate to carry out the provisions of 17 this Act. 18 (7) To fix, determine, charge, and collect any 19 premiums, fees, charges, costs, and expenses, including, 20 without limitation, any application fees, commitment 21 fees, program fees, or financing charges from any person 22 in connection with its activities under this Act. 23 (8) To report annually to the Governor and the 24 General Assembly on the progress made in implementing 25 this Act and on the status of all agricultural 26 conservation easements acquired pursuant to the Act. 27 (c) From appropriations for these purposes, the 28 Department may award grants to units of local government as 29 financial assistance for the purpose of purchasing 30 agricultural conservation easements on agricultural lands if 31 the Department determines that the property interests are 32 sufficient to carry out the purposes of this Act. The 33 Department shall adopt rules concerning the selection or 34 grant recipients, amount of grant awards, and eligibility -16- LRB093 08473 BDD 12565 a 1 requirements. The rules may include the following additional 2 requirements: 3 (1) No more than $2,000,000 may be awarded to any 4 grantee for a single project for any fiscal year. 5 (2) Any grant under this Act must be conditioned 6 upon the grantee providing a required match as defined by 7 rule. 8 (3) Funds may be used only to purchase interests in 9 land from willing owners and may not involve the use of 10 eminent domain. 11 (4) The Department may make available to local 12 governments, grants for the preparation of farmland 13 protection plans subject to the Department's rules and 14 annual State appropriations. 15 (5) Grantees must agree to manage lands in 16 accordance with the terms of the grant. Any changes in 17 management must be approved by the Department before 18 implementation. 19 (d) The Department shall create the Illinois Farmland 20 Protection Advisory Board, which shall have responsibility to 21 review and provide recommendations to the Department on the 22 Illinois Farmland Protection Fund Program, as set forth in 23 this Section. 24 The Board shall be composed of the following: the 25 Director of Agriculture, the President of the Association of 26 Illinois Soil and Water Conservation Districts, the Natural 27 Resources Conservation Service State Conservationist, and the 28 University of Illinois Extension Director, or their 29 respective designees. Additionally, the Director of 30 Agriculture shall appoint a member from a State or national 31 farmland protection non-governmental organization, a member 32 from a State agricultural non-governmental organization, and 33 an Illinois farmer. The Board must choose a Chairperson to 34 serve 2 years on a rotating basis.".