HB4549eng 95TH GENERAL ASSEMBLY

HB4549 Engrossed LRB095 17056 RCE 43105 b

AN ACT concerning conservation.

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

Section 5. The Illinois Forestry Development Act is amended by changing Sections 2, 4, 5, 6a, and 7 as follows:

(525 ILCS 15/2) (from Ch. 96 1/2, par. 9102)

Sec. 2. The following words shall have the meanings ascribed to them in this Section:

(a) "Acceptable forest forestry management practices" means preparation of a forest forestry management plan, site preparation, brush control, purchase of planting stock, planting, weed and pest control, fire control, fencing, fire management practices, timber stand improvement, timber harvest and any other practices determined by the Department of Natural Resources to be essential to responsible timber management.

(b) "Approved forest forestry management plan" means a management plan approved by the Department of Natural Resources pursuant to Section 5 of this Act.

(c) "Council" means the Illinois Council on Forestry Development Council created by this Act.

(d) "Department" means the Department of Natural Resources.

(e) "Forest product" means timber which can be used for sawing or processing into lumber for building or structural purposes, for pulp paper, chemicals or fuel, for the manufacture of furniture, or for the manufacture of any article.

(f) "Fund" means the Illinois Forestry Development Fund created by this Act.

(g) "Timber" means trees, standing or felled, and parts thereof, excluding Christmas trees and producers of firewood.

(h) "Timber buyer" means any person defined as a timber buyer pursuant to Section 2 of the "Timber Buyers Licensing Act", approved September 15, 1969, as amended.

(i) "Timber grower" means the owner, tenant or operator of land in this State who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown in this State and includes persons exercising authority to sell timber.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)

Sec. 4. The Department shall:

(a) Implement the forest forestry development cost share program created by Section 5 of this Act and coordinate with the United States Department of Agriculture - Natural Resource Conservation Service Soil Conservation Service and the Farm Service Agency Agricultural Stabilization and Conservation Service in the administration of such program.

(b) Approve acceptable forest forestry management plans as required by Section 5 of this Act.

(c) Provide assistance to the Illinois Council on Forestry Development Council.

(d) Promote the development of an active forest forestry industry in this State by providing information to timber growers relating to acceptable management practices, suitability of various kinds of timber to various land types, marketability of various types of timber, market strategies including marketing cooperatives, availability of State and federal government assistance, soil and water conservation benefits, and wildlife habitat enhancement opportunities.

(e) Provide any aid or information requested by the Illinois Finance Authority in relation to forest forestry industry assistance programs implemented under the Illinois Finance Authority Act.

(Source: P.A. 93-205, eff. 1-1-04.)

(525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)

Sec. 5. A forest forestry development cost share program is created and shall be administered by the Department of Natural Resources.

A timber grower who desires to participate in the cost share program shall devise a forest forestry management plan. To be eligible to submit a proposed forest forestry management plan, a timber grower must own or operate at least 5 contiguous acres of land in this State on which timber is produced, except that, no acre on which a permanent building is located shall be included in calculations of acreage for the purpose of determining eligibility. The proposed forest forestry management plan shall include a description of the land to be managed under the plan, a description of the types of timber to be grown, a projected harvest schedule, a description of forest forestry management practices to be applied to the land, an estimation of the cost of such practices, plans for afforestation, plans for regenerative harvest and reforestation, and a description of soil and water conservation goals and wildlife habitat enhancement which will be served by implementation of the forest forestry management plan.

Upon receipt from a timber grower of a draft forest forestry management plan, the Department shall review the plan and, if necessary, assist the timber grower to revise the plan. The Department shall officially approve acceptable plans. Forest Forestry management plans shall be revised as necessary and all revisions must be approved by the Department. A plan shall be evaluated every 2 years annually for reapproval.

The eligible land shall be maintained in a forest condition for a period of 10 years or until commercial harvest, whichever last occurs, as required by the plan.

The Department shall enter into agreements with timber growers with approved forest forestry management plans under which the Department shall agree to pay a share of the total cost of acceptable forest forestry management plans and practices implemented under the plan. The cost share amount is up to 80% of the total cost of the forest forestry management practices for such practices approved to be funded from monies appropriated for this purpose for subsequent fiscal years. Cost share funds shall be paid from monies appropriated to the Department by the General Assembly for that purpose from the Illinois Forestry Development Fund or any other fund in the State Treasury.

The Department, upon recommendations made to it by the Council, may provide for the categorization of forest forestry management practices and determine an appropriate cost share percentage for each such category. Forest Forestry management practices submitted by timber growers on whose timber sales fees of 4% of the sale amount were paid as provided in Section 9a of the "Timber Buyers Licensing Act", approved September 1, 1969, may be accorded a priority for approval within the assigned category. Such timber growers may receive a cost share amount which is increased above the amount for which they would otherwise qualify by an amount equal to not to exceed 50% of the fees paid by the timber grower on his sales occurring in the 2 fiscal years immediately preceding the fiscal year in which the forest forestry management practices are approved and funded; provided, however, that the total cost share amount shall not exceed the total cost of the approved forest forestry management practices.

Upon transfer of his or her his right and interest in the land or a change in land use, the timber grower shall forfeit all rights to future payments and other benefits resulting from an approved plan and shall refund to the Department all payments received therefrom during the previous 10 years unless the transferee of any such land agrees with the Department to assume all obligations under the plan.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)

(Section scheduled to be repealed on December 31, 2008)

Sec. 6a. Illinois Forestry Development Council.

(a) The Illinois Forestry Development Council is hereby re-created by this amendatory Act of the 95th 91st General Assembly.

(b) The Council shall consist of 29 24 members appointed as follows:

(1) four members of the General Assembly, one appointed by the President of the Senate, one appointed by the Senate Minority Leader, one appointed by the Speaker of the House of Representatives, and one appointed by the House Minority Leader;

(2) one member appointed by the Governor to represent the Governor;

(3) the Directors of the Departments of Natural Resources, Agriculture, and Commerce and Economic Opportunity, the Executive Director of the Illinois Finance Authority, and the Director of the Office of Rural Affairs, or their designees;

(4) the chair chairman of the Department of Forestry or a forestry academician, appointed by the Dean of Agricultural Sciences Agriculture at Southern Illinois University at Carbondale;

(5) the head of the Department of Natural Resources and Environmental Sciences or a forestry academician, appointed by the Dean of Agricultural Consumer and Environmental Sciences of Agriculture at the University of Illinois at Urbana-Champaign;

(6) two members, appointed by the Governor, who shall be private timber growers;

(7) one member, appointed by the president of a statewide association involved in promoting wood products the Illinois Wood Products Association, who shall be involved in primary forest forestry industry;

(8) one member, appointed by the president of a statewide association involved in promoting wood products the Illinois Wood Products Association, who shall be involved in secondary forest forestry industry;

(9) one member who is actively involved in environmental issues, appointed by the Governor;

(10) the president of a statewide association involved in promoting soil and water conservation the Association of Illinois Soil and Water Conservation Districts;

(11) two persons who are actively engaged in farming, appointed by the Governor;

(12) one member, appointed by the Governor, whose primary area of expertise is urban forestry;

(13) one member appointed by the president of a statewide organization of arborists President of the Illinois Arborists Association;

(14) the Supervisor of the Shawnee National Forest and the United States Department of Agriculture Natural Resource Conservation Service's State Conservationist, ex officio, or their designees; .

(15) the president of a statewide association involved in promoting Illinois forestry;

(16) the president of a statewide association involved in promoting Illinois walnut trees;

(17) the chair of a statewide association involved in promoting Illinois tree farms;

(18) the president of a statewide association of American foresters; and

(19) the president of a statewide association promoting Illinois wildlife.

For those appointees that are currently serving on the Council prior to the effective date of this amendatory Act of the 95th General Assembly, their term shall expire 2 years after that effective date.

(c) Members of the Council shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties which are not otherwise reimbursed.

(d) The Council shall select from its membership a chairperson and such other officers as it considers necessary.

(e) Other individuals, agencies and organizations may be invited to participate as deemed advisable by the Council.

(f) The Council shall study and evaluate the forest forestry resources and forest forestry industry of Illinois. The Council shall:

(1) determine the magnitude, nature and extent of the State's forest forestry resources;

(2) determine current uses and project future demand for forest products, services and benefits in Illinois;

(3) determine and evaluate the ownership characteristics of the State's forests, the motives for forest ownership and the success of incentives necessary to stimulate development of forest resources;

(4) determine the economic development and management opportunities that could result from improvements in local and regional forest product marketing and from the establishment of new or additional wood-related businesses in Illinois;

(5) confer with and offer assistance to the Illinois Finance Authority relating to its implementation of forest industry assistance programs authorized by the Illinois Finance Authority Act;

(6) determine the opportunities for increasing employment and economic growth through development of forest resources;

(7) determine the effect of current governmental policies and regulations on the management of woodlands and the location of wood products markets;

(8) determine the staffing and funding needs for forest forestry and other conservation programs to support and enhance forest resources development;

(9) determine the needs of forest forestry education programs in this State;

(10) confer with and offer assistance to the Department of Natural Resources relating to the implementation of urban forest forestry assistance grants pursuant to the Urban and Community Forestry Assistance Act; and

(11) determine soil and water conservation benefits and wildlife habitat enhancement opportunities that can be promoted through approved forest forestry management plans.

(g) The Council shall report (i) its findings and recommendations for future State action and (ii) its evaluation of Urban/Community Forestry Assistance Grants to the General Assembly no later than July 1 of each year.

(h) This Section 6a is repealed December 31, 2018 2008.

(i) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(Source: P.A. 93-205, eff. 1-1-04; 94-793, eff. 5-19-06.)

(525 ILCS 15/7) (from Ch. 96 1/2, par. 9107)

Sec. 7. The Illinois Forestry Development Fund, a special fund in the State Treasury, is hereby created. The Department of Natural Resources shall pay into the Fund all fees and fines collected from timber buyers and landowners and operators pursuant to the "Timber Buyers Licensing Act", and the "Forest Products Transportation Act", all gifts, contributions, bequests, grants, donations, transfers, appropriations and all other revenues and receipts resulting from forest forestry programs, forest product sales, and operations of facilities not otherwise directed by State law and shall pay such monies appropriated from the Fund to timber growers for implementation of acceptable forest forestry management practices as provided in Section 5 of this Act. Monies may be appropriated from the Fund for the expenses of the Illinois Forestry Development Council. Ordinary operating expenses of the Forest Resources Division of the Department, for the administration and implementation of this Act, the development and implementation of a wood industry marketing, development and promotions program and other programs beneficial to advancing forests and forest forestry in this State, as deemed appropriate by the General Assembly, may be appropriated from this fund to the extent such appropriations preserve the receipts to the Fund derived from Section 9a of the "Timber Buyers Licensing Act".

(Source: P.A. 89-445, eff. 2-7-96.)

Section 99. Effective date. This Act takes effect upon becoming law.