Illinois General Assembly - Full Text of HB4189
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Full Text of HB4189  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 10/25/2023, by Rep. Nicholas K. Smith - Sonya M. Harper, Lance Yednock and William "Will" Davis


525 ILCS 35/2.06 new
525 ILCS 35/3  from Ch. 85, par. 2103
525 ILCS 35/4  from Ch. 85, par. 2104
525 ILCS 35/5  from Ch. 85, par. 2105
525 ILCS 35/6  from Ch. 85, par. 2106
525 ILCS 35/7  from Ch. 85, par. 2107
525 ILCS 35/9  from Ch. 85, par. 2109

    Amends the Open Space Lands Acquisition and Development Act. Provides that a local government that has submitted a distressed location project as defined by Department of Natural Resources rule shall be eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement projects on distressed location projects. Provides that no less than 10% of the amount appropriated under the Act in any fiscal year shall be made available as grants to distressed communities.

LRB103 34889 RLC 64756 b





HB4189LRB103 34889 RLC 64756 b

1    AN ACT concerning conservation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Space Lands Acquisition and
5Development Act is amended by changing Sections 3, 4, 5, 6, 7,
6and 9 and by adding Section 2.06 as follows:
7    (525 ILCS 35/2.06 new)
8    Sec. 2.06. Distressed location project. "Distressed
9location project" means a proposal for the acquisition of open
10space lands or for the capital development of park,
11recreation, or conservation areas by a local government when
12the location of the project for the acquisition or capital
13development is located within a distressed area as determined
14by the Department through administrative rule.
15    (525 ILCS 35/3)  (from Ch. 85, par. 2103)
16    Sec. 3. From appropriations made from the Capital
17Development Fund, Build Illinois Bond Fund or other available
18or designated funds for such purposes, the Department shall
19make grants to local governments as financial assistance for
20the capital development and improvement of park, recreation or
21conservation areas, marinas and shorelines, including planning
22and engineering costs, and for the acquisition of open space



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1lands, including acquisition of easements and other property
2interests less than fee simple ownership if the Department
3determines that such property interests are sufficient to
4carry out the purposes of this Act, subject to the conditions
5and limitations set forth in this Act.
6    No more than 10% of the amount so appropriated for any
7fiscal year may be committed or expended on any one project or
8any one distressed location project described in an
9application under this Act.
10    Any Except for grants awarded from new appropriations in
11fiscal year 2023 and fiscal year 2024, any grant under this Act
12to a local government shall be conditioned upon the state
13providing assistance on a 50/50 matching basis for the
14acquisition of open space lands and for capital development
15and improvement proposals. However, a local government that is
16defined as a "distressed community" under criteria adopted by
17the Department through administrative rule or a local
18government that has submitted a "distressed location project"
19as defined under criteria adopted by the Department through
20administrative rule shall be eligible for assistance up to
21100% 90% for the acquisition of open space lands and for
22capital development and improvement projects or distressed
23location projects. No proposals, provided that no more than
2410% of the amount appropriated under this Act in any fiscal
25year shall be is made available as grants to distressed
26location projects local governments. No less than 10% of the



HB4189- 3 -LRB103 34889 RLC 64756 b

1amount appropriated under this Act in any fiscal year shall be
2made available as grants to distressed communities. For grants
3awarded from new appropriations in fiscal year 2023 and fiscal
4year 2024 only, a local government defined as "distressed" is
5eligible for assistance up to 100% for the acquisition of open
6space lands and for capital development and improvement
7proposals. The Department may make more than 10% of the amount
8appropriated in fiscal year 2023 and fiscal year 2024
9available as grants to distressed local governments.
10    An advance payment of a minimum of 50% of any grant made to
11a unit of local government under this Act must be paid to the
12unit of local government at the time the Department awards the
13grant. A unit of local government may opt out of the advanced
14payment option at the time of the award of the grant. The
15remainder of the grant shall be distributed to the local
16government quarterly on a reimbursement basis. The Department
17shall consider an applicant's request for an extension to a
18grant under this Act if (i) the advanced payment is expended or
19legally obligated within the 2 years required by Section 5 of
20the Illinois Grant Funds Recovery Act or (ii) no advanced
21payment was made.
22(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
23103-8, eff. 6-7-23.)
24    (525 ILCS 35/4)  (from Ch. 85, par. 2104)
25    Sec. 4. Any local government may apply to the Department



HB4189- 4 -LRB103 34889 RLC 64756 b

1for a grant under this Act. An application must be in writing
2and contain a narrative description of the project or the
3distressed location project, the legal description of the open
4lands to be acquired or used for the capital development
5project or capital development of a distressed location
6project, a current appraisal showing the fair market value of
7those lands to be acquired, the project or distressed location
8project cost, identification of a source of continuous funding
9sufficient to maintain the new facilities to be created by
10capital development, the amount of the project cost the
11applicant proposes to provide and such other information as
12the Department reasonably requires.
13(Source: P.A. 84-109.)
14    (525 ILCS 35/5)  (from Ch. 85, par. 2105)
15    Sec. 5. In considering applications for grants under this
16Act, the Department shall give priority to distressed location
17projects and projects which (i) that will provide the greatest
18benefit to the residents of the areas of the State that which
19have the highest concentration or density of population, (ii)
20that which are based upon criteria established by the
21Department that which reflect outdoor recreation needs and
22priorities identified through the Statewide Comprehensive
23Outdoor Recreation Plan (SCORP) Program carried out by the
24Department, or (iii) that which are located in flood plain



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1    The total amount of grants made for any fiscal year may not
2exceed the amount of the appropriation for grants made for
3that fiscal year.
4(Source: P.A. 84-109.)
5    (525 ILCS 35/6)  (from Ch. 85, par. 2106)
6    Sec. 6. The Department shall consider all applications for
7grants for a fiscal year before awarding any grants for that
8year. No consideration shall be given for that fiscal year to
9an application that has not been timely filed. If an
10application does not describe a distressed location project or
11a project that is compatible with the purposes of this Act, the
12Department shall deny that application. The Department shall
13evaluate those applications that have been timely filed and
14have been approved as being compatible with the purposes of
15this Act and, subject to the limits established by Section 3,
16list in order of priority the applicant, project, or
17distressed location project and dollar amount of each grant
18recommended to be awarded. The Department shall also indicate
19on the priority listing of approved projects or distressed
20location projects the last grant that which may be paid during
21that fiscal year because of the limit of moneys appropriated
22for grants for that fiscal year.
23(Source: P.A. 84-109.)
24    (525 ILCS 35/7)  (from Ch. 85, par. 2107)



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1    Sec. 7. Within 30 days after completing its consideration
2of applications for grants for a fiscal year, the Department
3shall notify each applicant of the disposition made of its
4application. The Department shall, in addition, direct the
5payment of grants to those applicants whose projects or
6distressed location projects have been approved and have been
7assigned a priority within the limits of the amounts
8appropriated for grants for that fiscal year.
9(Source: P.A. 84-109.)
10    (525 ILCS 35/9)  (from Ch. 85, par. 2109)
11    Sec. 9. The Department shall adopt promulgate rules and
12regulations to effectuate the purposes of this Act, including,
13but not limited to, rules establishing the criteria and
14definitions that the Department shall use to determine what is
15a distressed location project.
16(Source: P.A. 84-109.)