102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4314

 

Introduced 1/5/2022, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 810/2.4 new
70 ILCS 810/8  from Ch. 96 1/2, par. 6411

    Amends the Cook County Forest Preserve District Act. Provides that forest preserve districts can also acquire easements to create certain renewable energy infrastructure. Removes provisions authorizing forest preserves to lease land to veterans' organizations as grounds for convalescing sick veterans and veterans with disabilities, and as a place upon which to construct rehabilitation quarters, or to a county as grounds for a county nursing home or convalescent home. Provides that forest preserve districts shall have power to lease 80 acres of the lands and grounds acquired by it, for a term of not more than 40 years to a county as grounds for certain renewable energy infrastructure. Defines "certain renewable energy infrastructure".


LRB102 23204 AWJ 32366 b

 

 

A BILL FOR

 

HB4314LRB102 23204 AWJ 32366 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. The General Assembly finds that the
5Forest Preserve District of Cook County requires the authority
6to take certain measures to meet its 2030 100% clean energy and
72050 carbon neutral goals.
 
8    Section 5. The Cook County Forest Preserve District Act is
9amended by changing Section 8 and by adding Section 2.4 as
10follows:
 
11    (70 ILCS 810/2.4 new)
12    Sec. 2.4. Certain renewable energy infrastructure.
13"Certain renewable energy infrastructure" means photovoltaic
14cells, photovoltaic panels, and other infrastructure to gather
15or provide solar energy.
 
16    (70 ILCS 810/8)  (from Ch. 96 1/2, par. 6411)
17    Sec. 8. Any forest preserve district shall have power to
18acquire easements in land, lands in fee simple and grounds
19within such district for the aforesaid purposes by gift,
20grant, legacy, purchase or condemnation and to construct, lay
21out, improve and maintain wells, power plants, certain

 

 

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1renewable energy infrastructure, comfort stations, shelter
2houses, paths, driveways, roadways and other improvements and
3facilities in and through such forest preserves as it shall
4deem necessary or desirable for the use of such forest
5preserves by the public. Such forest preserve districts shall
6also have power to lease not to exceed 80 40 acres of the lands
7and grounds acquired by it, for a term of not more than 40 99
8years to a county as grounds for certain renewable energy
9infrastructure. veterans' organizations as grounds for
10convalescing sick veterans and veterans with disabilities, and
11as a place upon which to construct rehabilitation quarters, or
12to a county as grounds for a county nursing home or
13convalescent home. Any such forest preserve district shall
14also have power to grant licenses, easements and rights-of-way
15for the construction, operation and maintenance upon, under or
16across any property of such district for of facilities for
17water, sewage, telephone, telegraph, electric, gas or other
18public service, subject to such terms and conditions as may be
19determined by such district.
20    Whenever the board determines that the public interest
21will be subserved by vacating any street, roadway, or
22driveway, or part thereof, located within a forest preserve,
23it may vacate that street, roadway, or driveway, or part
24thereof, by an ordinance passed by the affirmative vote of at
25least 3/4 of all the members of the board.
26    The determination of the board that the nature and extent

 

 

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1of the public use or public interest to be subserved is such as
2to warrant the vacation of any street, roadway, or driveway,
3or part thereof, is conclusive, and the passage of such an
4ordinance is sufficient evidence of that determination,
5whether so recited in the ordinance or not. The relief to the
6public from further burden and responsibility of maintaining
7any street, roadway or driveway, or part thereof, constitutes
8a public use or public interest authorizing the vacation.
9    Nothing contained in this Section shall be construed to
10authorize the board to vacate any street, roadway, or
11driveway, or part thereof, that is part of any State or county
12highway.
13    When property is damaged by the vacation or closing of any
14street, roadway, or driveway, or part thereof, damage shall be
15ascertained and paid as provided by law.
16    Except in cases where the deed, or other instrument
17dedicating a street, roadway, or driveway, or part thereof,
18has expressly provided for a specific devolution of the title
19thereto upon the abandonment or vacation thereof, whenever any
20street, roadway, or driveway, or part thereof is vacated under
21or by virtue of any ordinance of any forest preserve district,
22the title to the land in fee simple included within the street,
23roadway, or driveway, or part thereof, so vacated vests in the
24forest preserve district.
25    The board of any forest preserve district is authorized to
26sell at fair market price, gravel, sand, earth and any other

 

 

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1material obtained from the lands and waters owned by the
2district.
3(Source: P.A. 98-281, eff. 8-9-13; 99-143, eff. 7-27-15.)