Full Text of HB4209 103rd General Assembly
HB4209sam002 103RD GENERAL ASSEMBLY | Sen. Doris Turner Filed: 5/21/2024 | | 10300HB4209sam002 | | LRB103 34958 BDA 73699 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4209
| 2 | | AMENDMENT NO. ______. Amend House Bill 4209 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Department of Natural Resources Act is | 5 | | amended by changing Section 1-20 and by adding Section 1-50 as | 6 | | follows: | 7 | | (20 ILCS 801/1-20) | 8 | | Sec. 1-20. Real property. The Department has the power: | 9 | | (a) To transfer jurisdiction of any realty under the | 10 | | control of the Department to any other Department of the State | 11 | | Government, or to any authority, commission or other agency of | 12 | | the State, and to acquire or accept federal lands, when such | 13 | | transfer, acquisition or acceptance is advantageous to the | 14 | | State and is approved in writing by the Governor. | 15 | | (b) To lease, from time to time, any land or property, with | 16 | | or without appurtenances, of which the Department has |
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| 1 | | jurisdiction, and which are not immediately to be used or | 2 | | developed by the State; provided that no such lease be for a | 3 | | longer period of time than that in which it can reasonably be | 4 | | expected the State will not have use for such property, and | 5 | | further provided that no such lease be for a longer period of | 6 | | time than 10 5 years. | 7 | | (c) To lease any land or property over which the | 8 | | Department has jurisdiction for the purpose of creating, | 9 | | operating, or maintaining a commercial solar energy system, as | 10 | | defined in Section 10-720 of the Property Tax Code, or a clean | 11 | | energy project, as defined in the Department of Natural | 12 | | Resources (Conservation) Law of the Civil Administrative Code | 13 | | of Illinois. A lease under this subsection (c) shall not be for | 14 | | a period longer than 40 years. If practical, the Department | 15 | | shall require that any land or property over which the | 16 | | Department has jurisdiction and that is used for the purpose | 17 | | of creating, operating, or maintaining a commercial solar | 18 | | energy system shall have implemented on it and maintained | 19 | | management practices that would qualify the land or property | 20 | | as a beneficial habitat under the Pollinator-Friendly Solar | 21 | | Site Act. The Department shall prioritize commercial solar | 22 | | energy system sites based on their suitability and economic | 23 | | feasibility for solar use. The Department shall then | 24 | | prioritize commercial solar energy system sites with a | 25 | | significant history of disturbance, such as former strip mines | 26 | | or previously developed sites. The Department may consider any |
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| 1 | | land use that is lost from the installation of a commercial | 2 | | solar energy system in making a determination regarding the | 3 | | suitability of a site. At least 60 days before entering into a | 4 | | lease for a commercial solar energy system under this | 5 | | subsection (c), the Department shall post in the Illinois | 6 | | Register and on the Department's website notice of the | 7 | | Department's intent to enter into the lease and shall provide | 8 | | a copy of the notice to a municipality if the leased area is | 9 | | located within the borders of the municipality. The notice | 10 | | shall include the specific location and size of the proposed | 11 | | commercial solar energy system. The Department shall consider | 12 | | and respond to all public comments regarding the posting that | 13 | | are received by the Department within 30 days of the posting. | 14 | | (Source: P.A. 89-445, eff. 2-7-96.) | 15 | | (20 ILCS 801/1-50 new) | 16 | | Sec. 1-50. Administrative rules. The Department of Natural | 17 | | Resources may adopt rules necessary to carry out its duties | 18 | | under this Act. | 19 | | Section 10. The Department of Natural Resources | 20 | | (Conservation) Law of the Civil Administrative Code of | 21 | | Illinois is amended by changing Sections 805-5, 805-230, | 22 | | 805-235, and 805-280 and by adding Section 805-580 as follows: | 23 | | (20 ILCS 805/805-5) |
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| 1 | | Sec. 805-5. Definitions. In this Law: | 2 | | "Clean energy" means energy that is generated, by design | 3 | | or operation, in a manner that is substantially free of carbon | 4 | | dioxide emissions or in a manner that otherwise contributes to | 5 | | the reduction in emissions of environmentally hazardous | 6 | | materials or reduces the volume of environmentally dangerous | 7 | | materials. | 8 | | "Clean energy project" means a project that is undertaken | 9 | | to acquire, construct, refurbish, create, develop, or | 10 | | redevelop any facility, equipment, machinery, or real or | 11 | | personal property and that will aid, assist, or encourage the | 12 | | development or implementation of clean energy in the State. | 13 | | "Department" means the Department of Natural Resources. | 14 | | "Director" means the Director of Natural Resources. | 15 | | (Source: P.A. 91-239, eff. 1-1-00.) | 16 | | (20 ILCS 805/805-230) (was 20 ILCS 805/63a18) | 17 | | Sec. 805-230. Developing recreational areas. The | 18 | | Department has the power to lease from individuals, | 19 | | corporations, or any other form of private ownership, from any | 20 | | municipality, public corporation, or political subdivision of | 21 | | this State, or from the United States any lands or waters for | 22 | | the purpose of developing outdoor recreational areas for | 23 | | public use and to acquire all necessary property or | 24 | | rights-of-way for the purposes of ingress or egress to those | 25 | | lands and waters and to construct buildings and other |
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| 1 | | recreational facilities, including roadways, bridges, and | 2 | | parking areas, commercial solar energy systems, and clean | 3 | | energy projects that the Department deems necessary or | 4 | | desirable for maximum utilization of recreational facilities | 5 | | for public use of the areas. | 6 | | (Source: P.A. 91-239, eff. 1-1-00.) | 7 | | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6) | 8 | | Sec. 805-235. Lease of lands acquired by the Department; | 9 | | disposition of obsolete buildings. The Department has the | 10 | | power to do and perform each and every act or thing considered | 11 | | by the Director to be necessary or desirable to fulfill and | 12 | | carry out the intent and purpose of all laws pertaining to the | 13 | | Department, including the right to rehabilitate or sell at | 14 | | public auction buildings or structures affixed to lands over | 15 | | which the Department has acquired jurisdiction when in the | 16 | | judgment of the Director those buildings or structures are | 17 | | obsolete, inadequate, or unusable for the purposes of the | 18 | | Department and to lease those lands with or without | 19 | | appurtenances for a consideration in money or in kind for a | 20 | | period of time not in excess of 10 5 years for the purposes and | 21 | | upon the terms and conditions that the Director considers to | 22 | | be in the best interests of the State when those lands are not | 23 | | immediately to be used or developed by the State. All those | 24 | | sales shall be made subject to the written approval of the | 25 | | Governor. The funds derived from those sales and from those |
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| 1 | | leases shall be deposited in the State Parks Fund, except that | 2 | | funds derived from those sales and from those leases on lands | 3 | | managed and operated principally as wildlife or fisheries | 4 | | areas by the Department shall be deposited in the Wildlife and | 5 | | Fish Fund. | 6 | | (Source: P.A. 91-239, eff. 1-1-00.) | 7 | | (20 ILCS 805/805-280 new) | 8 | | Sec. 805-280. Leases for the purpose of creating, | 9 | | operating, or maintaining a commercial solar energy system or | 10 | | clean energy project. The Department may lease any land or | 11 | | property over which the Department has jurisdiction for the | 12 | | purpose of creating, operating, or maintaining a commercial | 13 | | solar energy system, as defined in Section 10-720 of the | 14 | | Property Tax Code, or a clean energy project. The lease shall | 15 | | not be for a period longer than 40 years. The Department shall | 16 | | require that any lease must provide for a signed project labor | 17 | | agreement for the length of the lease term. A project labor | 18 | | agreement entered into under this Section shall be entered | 19 | | into with the local building and construction trades council | 20 | | having geographic jurisdiction over the project. If practical, | 21 | | the Department shall require that any land or property over | 22 | | which the Department has jurisdiction that is used for the | 23 | | purpose of creating, operating, or maintaining a commercial | 24 | | solar energy system shall have implemented on it and | 25 | | maintained management practices that would qualify the land or |
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| 1 | | property as a beneficial habitat under the Pollinator-Friendly | 2 | | Solar Site Act. The Department shall require that any lease | 3 | | must include a signed project labor agreement for the length | 4 | | of the lease term. The Department shall prioritize commercial | 5 | | solar energy system sites based on their suitability and | 6 | | economic feasibility for solar use. The Department shall then | 7 | | prioritize commercial solar energy system sites with a | 8 | | significant history of disturbance, such as former strip mines | 9 | | or previously developed sites. The Department may consider any | 10 | | land use that is lost from the installation of a commercial | 11 | | solar energy system in making a determination for the | 12 | | suitability of a site. | 13 | | (20 ILCS 805/805-580 new) | 14 | | Sec. 805-580. Electric vehicle charging stations. | 15 | | (a) The Department may provide for at least one electric | 16 | | vehicle charging station, as defined in the Electric Vehicle | 17 | | Act, at any State park or other real property that is owned by | 18 | | the Department where electrical service will reasonably | 19 | | permit. The Department is authorized to charge user fees for | 20 | | the use of such electric vehicle charging stations. | 21 | | (b) The Department may adopt and publish specifications | 22 | | detailing the kind and type of electric vehicle charging | 23 | | stations to be provided and may adopt rules governing the fees | 24 | | for use of electric vehicle charging stations at State parks | 25 | | or other real property that is owned by the Department. |
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| 1 | | Section 15. The State Parks Act is amended by changing | 2 | | Sections 2, 3, 3a, and 4 as follows: | 3 | | (20 ILCS 835/2) (from Ch. 105, par. 466) | 4 | | Sec. 2. It shall be the policy of the State of Illinois to | 5 | | acquire a system of State parks which shall embody the | 6 | | following purposes and objectives: | 7 | | (1) To preserve the most important historic sites and | 8 | | events that which are connected with the peoples who are | 9 | | geographically and culturally affiliated to the land now | 10 | | known as the State of Illinois early pioneer or Indian | 11 | | history , so that their such history of the Indians, | 12 | | explorers, missionaries and settlers may be preserved, not | 13 | | only as a tribute to those peoples that came before us who | 14 | | made possible the building of the State of Illinois and of | 15 | | the Union , but also as a part of the education of present | 16 | | and future Illinois citizens. | 17 | | (2) To set aside as public reservations those | 18 | | locations which have unusual scenic attractions caused by | 19 | | geologic or topographic formations, such as canyons, | 20 | | gorges, caves, dunes, beaches, moraines, palisades, | 21 | | examples of Illinois prairie, and points of scientific | 22 | | interest to botanists and naturalists. These areas should | 23 | | be large in size and whenever practicable shall be not | 24 | | less than 1,000 acres in extent. However, smaller areas |
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| 1 | | may be acquired wherever conditions do not warrant the | 2 | | acquisition of the larger acreage. | 3 | | (3) To preserve large forested areas and marginal | 4 | | lands along the rivers, small water courses, and lakes for | 5 | | a recreation use different from that given by the typical | 6 | | city park, and so that these tracts may remain unchanged | 7 | | by civilization, so far as possible, and be kept for | 8 | | future generations. Such areas also, should be acquired in | 9 | | units of 1,000 acres or more and may be available as fish | 10 | | and game preserves. However, smaller areas may be acquired | 11 | | wherever conditions do not warrant the acquisition of the | 12 | | larger acreage. | 13 | | (4) To connect these parks with each other by a system | 14 | | of scenic parkways with widths varying from 100 to 1,000 | 15 | | feet, as a supplement to and completion of the State | 16 | | highway system. Where the present State highway routes may | 17 | | serve this purpose, their location, alignment and design | 18 | | should be studied with this plan in view. At suitable | 19 | | locations along these highways, pure water supplies and | 20 | | shelters and comfort facilities of attractive design may | 21 | | be installed for the convenience of the public. | 22 | | The Department of Natural Resources is authorized on in | 23 | | behalf of the State of Illinois to accept by donation or | 24 | | bequest, to purchase or acquire by condemnation proceedings in | 25 | | the manner provided for the exercise of the power of eminent | 26 | | domain under the Eminent Domain Act, or by contract for deed |
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| 1 | | payable over a period of time not to exceed 10 years, or in any | 2 | | other legal manner, the title to all such lands, waters or | 3 | | regions, and the easements appurtenant or contributory | 4 | | thereto, which shall be in accord with such policy in respect | 5 | | to a system of State parks, for the purpose of which the | 6 | | General Assembly may make an appropriation. Purchases by | 7 | | contract for deed under this Section shall not exceed | 8 | | $20,000,000 in total purchase price for land under contract at | 9 | | any one given time. | 10 | | (Source: P.A. 94-1055, eff. 1-1-07.) | 11 | | (20 ILCS 835/3) (from Ch. 105, par. 467) | 12 | | Sec. 3. In maintaining the State parks the Department of | 13 | | Natural Resources shall conserve the original character as | 14 | | distinguished from the artificial landscaping of such parks. | 15 | | As used in this Section, "artificial landscaping" does not | 16 | | include any landscaping or other site modification or use | 17 | | resulting from any lease entered into by the Department of | 18 | | Natural Resources for the creation, operation, or maintenance | 19 | | of a commercial solar energy system, as defined in Section | 20 | | 10-720 of the Property Tax Code, or a clean energy project, as | 21 | | defined in the Department of Natural Resources (Conservation) | 22 | | Law of the Civil Administrative Code of Illinois. Instead, | 23 | | these site modifications and uses are hereby deemed to support | 24 | | conservation of the original character of the parks. | 25 | | (Source: P.A. 89-445, eff. 2-7-96.) |
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| 1 | | (20 ILCS 835/3a) (from Ch. 105, par. 467a) | 2 | | Sec. 3a. The Department of Natural Resources shall not | 3 | | dispose of any portion of a State park except as specifically | 4 | | authorized by law. This prohibition shall not restrict the | 5 | | Department from conveyance of easements , leases, and other | 6 | | lesser interests in land. | 7 | | (Source: P.A. 89-445, eff. 2-7-96.) | 8 | | (20 ILCS 835/4) (from Ch. 105, par. 468) | 9 | | Sec. 4. The Department of Natural Resources has the power: | 10 | | (1) To make rules and regulations necessary to carry out | 11 | | its duties under this Act, including rules and regulations for | 12 | | the use, care, improvement, control and administration of | 13 | | lands under its jurisdiction, and to enforce the same. | 14 | | (2) To employ such custodians, keepers, clerks, | 15 | | assistants, laborers and subordinates as may be necessary to | 16 | | carry out the provisions of this Act. | 17 | | (3) To lay out, construct and maintain all needful roads, | 18 | | parking areas, paths or trails, bridges, and docks, camp or | 19 | | lodge sites, picnic areas, beach houses, lodges and cabins and | 20 | | any other structures and improvements necessary and | 21 | | appropriate in any state park or easement thereto; and to | 22 | | provide water supplies, heat and light, and sanitary | 23 | | facilities for the public and living quarters for the | 24 | | custodians and keepers of state parks. |
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| 1 | | (4) To replant any devastated native plant areas of any | 2 | | State park or increase or supplement the same when necessary | 3 | | with plant material indigenous to such park. | 4 | | (5) To cooperate with the United States government and | 5 | | with other states in matters relating to the care, | 6 | | improvement, control and administration of national or | 7 | | interstate parks. | 8 | | (6) To cooperate and contract with any agency, | 9 | | organization or individual in a manner consistent with the | 10 | | purposes of this Act and the powers granted the Department | 11 | | herein. | 12 | | (7) To accept and administer gifts, grants and legacies of | 13 | | money, securities or property to be used by the Department of | 14 | | Natural Resources for the purposes of this Act and according | 15 | | to the tenor of such gift, grant or legacy. | 16 | | (8) To enter into leases that allow for the creation, | 17 | | operation, or maintenance of a commercial solar energy system, | 18 | | as defined in Section 10-720 of the Property Tax Code, or a | 19 | | clean energy project, as defined in the Department of Natural | 20 | | Resources (Conservation) Law of the Civil Administrative Code | 21 | | of Illinois. If practical, the Department shall require that | 22 | | any land or property over which the Department has | 23 | | jurisdiction that is used for the purpose of creating, | 24 | | operating, or maintaining a commercial solar energy system | 25 | | shall have implemented on it and maintained management | 26 | | practices that would qualify the land or property as a |
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| 1 | | beneficial habitat under the Pollinator-Friendly Solar Site | 2 | | Act. The Department shall require that any lease must include | 3 | | a signed project labor agreement for the length of the lease | 4 | | term. A project labor agreement entered into under this | 5 | | Section shall be entered into with the local building and | 6 | | construction trades council having geographic jurisdiction | 7 | | over the project. The Department shall prioritize commercial | 8 | | solar energy system sites based on their suitability and | 9 | | economic feasibility for solar use. The Department shall then | 10 | | prioritize commercial solar energy system sites with a | 11 | | significant history of disturbance, such as former strip mines | 12 | | or previously developed sites. In making a determination for | 13 | | the suitability of a site, the Department may consider any | 14 | | land use that is lost from the installation of a commercial | 15 | | solar energy system. | 16 | | (Source: P.A. 89-445, eff. 2-7-96.)". |
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