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Full Text of HB3096  102nd General Assembly

HB3096 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 10680 AWJ 16009 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3096LRB102 10680 AWJ 16009 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 5. The Illinois Municipal Code is amended by
5changing Section 11-15.4-10 and by adding Section 11-15.4-13
6as follows:
 
7    (65 ILCS 5/11-15.4-10)
8    Sec. 11-15.4-10. Urban agricultural area committee.
9    (a) The corporate authorities of a municipality that seek
10to establish an urban agricultural area shall first establish
11an urban agricultural area committee: (i) after it receives an
12application to establish an urban agricultural area under
13Section 11-15.4-15; or (ii) by ordinance or resolution under
1411-15.4-13. There shall be 5 members on the committee. One
15member of the committee shall be a member of the
16municipality's board and shall be appointed by the board. The
17remaining 4 members shall be appointed by the president or
18mayor of the municipality. The 4 members chosen by the
19president or mayor shall all be residents of the municipality
20in which the urban agricultural area is to be located, and at
21least one of the 4 members shall have experience in or
22represent an organization associated with sustainable
23agriculture, urban farming, community gardening, or any of the

 

 

HB3096- 2 -LRB102 10680 AWJ 16009 b

1activities or products authorized by this Division for urban
2agricultural areas.
3    (b) The members of the committee annually shall elect a
4chair from among the members. The members shall serve without
5compensation, but may be reimbursed for actual and necessary
6expenses incurred in the performance of their official duties.
7    (c) A majority of the members shall constitute a quorum of
8the committee for the purpose of conducting business and
9exercising the powers of the committee and for all other
10purposes. Action may be taken by the committee upon a vote of a
11majority of the members present.
12    (d) The role of the committee shall be to conduct the
13activities necessary to advise the corporate authorities of
14the municipality on the designation, modification, and
15termination of an urban agricultural area and any other
16advisory duties as determined by the corporate authorities of
17the municipality. The role of the committee after the
18designation of an urban agricultural area shall be review and
19assessment of an urban agricultural area's activities.
20(Source: P.A. 100-1133, eff. 1-1-19.)
 
21    (65 ILCS 5/11-15.4-13 new)
22    Sec. 11-15.4-13. Urban agricultural area in disadvantaged
23communities.
24    (a) The corporate authorities of a municipality may, by
25ordinance or resolution, establish an urban agricultural area

 

 

HB3096- 3 -LRB102 10680 AWJ 16009 b

1committee for the purpose of transforming vacant lots in a
2disadvantaged community or communities within the municipality
3into an urban agricultural area. The ordinance or resolution
4establishing the committee shall include the geographic
5description of the area to be included in the urban
6agricultural area.
7    (b) Before the municipality either approves or denies the
8creation of an urban agricultural area established under this
9Section, the urban agricultural area committee shall:
10        (1) review the geographic description of the proposed
11    urban agricultural area and make recommendations as to the
12    adequacy of the geographic area;
13        (2) seek and compile a list of qualified farmers that
14    would operate in the proposed urban agricultural area;
15        (3) estimate the number of jobs to be created,
16    maintained, or supported within the proposed urban
17    agricultural area and the type of products to be produced;
18    and
19        (4) make recommendations as to how the vacant parcels
20    shall be transformed into usable agricultural or
21    aquaculture lots if the vacant lots are not immediately
22    ready for a qualifying farmer.
23    (c) Approval of the urban agricultural area by a
24municipality under 11-15.4-20 shall be reviewed every 5 years
25after the development of the urban agricultural area. After 25
26years, the urban agricultural area shall dissolve. If the

 

 

HB3096- 4 -LRB102 10680 AWJ 16009 b

1municipality finds during its review that the urban
2agricultural area is not meeting the requirements set out in
3this Division, the municipality may dissolve the urban
4agricultural area by ordinance or resolution.
5    (d) Notwithstanding any other provision of law, any vacant
6lots within an urban agricultural area that are zoned in a way
7that would prevent agricultural or aquaculture use may be used
8for such purposes in the urban agricultural area as provided
9in the ordinance approving the urban agricultural area.
10However, the municipality may provide for reasonable setback
11and height regulations and reasonable regulations as to the
12number of livestock or poultry on such lots.