OPEN LANDS-GRANTS TO GOVTS

Illinois General Assembly - Full Text of HB3654

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB3654

Home

Legislation

Full Text

HB3654 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Engrossed

Senate Amendment 001

Printer Friendly Version

Introduced

Engrossed

Senate Amendment 001

Open PDF

HB3654 Engrossed
LRB104 12129 BDA 22228 b
1

AN ACT concerning conservation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Administrative Procedure Act is
5
amended by adding Section 5-45.65 as follows:

6

(5 ILCS 100/5-45.65 new)
7

Sec. 5-45.65.
Emergency rulemaking; Department of Natural
8
Resources.
To provide for the expeditious and timely
9
implementation of the Open Space Lands Acquisition and
10
Development Act, emergency rules may be adopted in accordance
11
with Section 5-45 by the Department of Natural Resources. The
12
adoption of emergency rules authorized by Section 5-45 and
13
this Section is deemed to be necessary for the public
14
interest, safety, and welfare.
15

This Section is repealed one year after the effective date
16
of this amendatory Act of the 104th General Assembly.

17

Section 10.
The Open Space Lands Acquisition and
18
Development Act is amended by changing Sections 2, 3, 5, 6, and
19
9 as follows:

20

(525 ILCS 35/2)

(from Ch. 85, par. 2102)
21

Sec. 2.
Definitions.
As used in this Act:

HB3654 Engrossed
- 2 -
LRB104 12129 BDA 22228 b
1

"Applicant" means a local government that files an
2
application for a grant under this Act.
3

"Complete application" means an application that has all
4
of the required documentation and is submitted within the
5
notice of funding opportunity application period.
6

"Department" means the Department of Natural Resources.
7

"Director" means the Director of the Department of Natural
8
Resources.
9

"Distressed community" means an eligible unit of local
10
government, as determined by the Department, that meets at
11
least one of the following criteria, as determined by the
12
Department:
13

(1) the area has a poverty rate of at least 20%
14

according to the latest federal decennial census;
15

(2) 75% or more of the children in the area
16

participate in the federal free lunch program according to
17

reported statistics from the State Board of Education;
18

(3) at least 20% of the households in the area receive
19

assistance under the Supplemental Nutrition Assistance
20

Program; or
21

(4) the area has an average unemployment rate, as
22

determined by the Department of Employment Security, that
23

is more than 120% of the national unemployment average, as
24

determined by the United States Department of Labor, for a
25

period of at least 2 consecutive calendar years preceding
26

the date of the application.

HB3654 Engrossed
- 3 -
LRB104 12129 BDA 22228 b
1

"Distressed location" means a census tract or comparable
2
geographic area, as determined by the Department, that meets
3
at least one of the following criteria, as determined by the
4
Department:
5

(1) the area has a poverty rate of at least 20%
6

according to the latest federal decennial census;
7

(2) 75% or more of the children in the area
8

participate in the federal free lunch program according to
9

reported statistics from the State Board of Education;
10

(3) at least 20% of the households in the area receive
11

assistance under the Supplemental Nutrition Assistance
12

Program; or
13

(4) the area has an average unemployment rate, as
14

determined by the Department of Employment Security, that
15

is more than 120% of the national unemployment average, as
16

determined by the United States Department of Labor, for a
17

period of at least 2 consecutive calendar years preceding
18

the date of the application.
19

"Local government" means a county, township, municipality,
20
park district, conservation district, forest preserve
21
district, river conservancy district, or any other unit of
22
local government empowered to expend public funds for the
23
acquisition and development of land for public outdoor parks
24
or recreation or conservation purposes.
25

"Notice of funding opportunity" means the notice provided
26
to the public that is required under the Grant Accountability

HB3654 Engrossed
- 4 -
LRB104 12129 BDA 22228 b
1
and Transparency Act, which provides detailed instructions on
2
how much funding is expected to be available, who can apply for
3
the funding, how to apply for the funding, the notice of
4
funding opportunity application period, and how the
5
applications will be scored.
6

"Notice of funding opportunity application period" means
7
the period during which applications for grants issued under
8
this Act must be submitted to the Department.
9

"Project" means a proposal for the acquisition of open
10
space lands or for the capital development of park,
11
recreation, or conservation areas by a local government.

12
As used in this Act, unless the context otherwise requires,
13
the terms defined in the Sections following this Section and
14
preceding Section 3 have the meanings ascribed to them in
15
those Sections.
16
(Source: P.A. 97-333, eff. 8-12-11.)

17

(525 ILCS 35/3)

(from Ch. 85, par. 2103)
18

Sec. 3.
Grants to local governments.

19
(a)
From appropriations made from the Capital Development
20
Fund, Build Illinois Bond Fund or other available or
21
designated funds for such purposes, the Department shall make
22
grants to local governments as financial assistance for the
23
capital development and improvement of park, recreation or
24
conservation areas, marinas and shorelines, including planning
25
and engineering costs, and for the acquisition of open space

HB3654 Engrossed
- 5 -
LRB104 12129 BDA 22228 b
1
lands, including acquisition of easements and other property
2
interests less than fee simple ownership if the Department
3
determines that such property interests are sufficient to
4
carry out the purposes of this Act, subject to the conditions
5
and limitations set forth in this Act.
6

(b)
No more than 10% of the amount so appropriated for any
7
fiscal year may be committed or expended on any one project
8
described in an application under this Act.
9

(c)
Except
as otherwise provided in subsection (d)

for
10
grants awarded from new appropriations in fiscal years 2023
11
through fiscal year 2025
, any grant under this Act to a
unit of

12
local government shall be conditioned upon the state providing
13
assistance on a 50/50 matching basis for the acquisition of
14
open space lands and for capital development and improvement
15
proposals.
16

(d)(1) A distressed location project located within a
17
distressed community shall be eligible, as determined by the
18
Department, for assistance of up to 100% for the acquisition
19
of open space lands and for capital development and
20
improvement proposals that are in conformity with the purposes
21
of this Act.
22

(2) A project located within a distressed community,
23
regardless of whether the project is located within a
24
distressed location,

However, a local government defined as
25
"distressed" under criteria adopted by the Department through
26
administrative rule
shall be eligible
, as determined by the

HB3654 Engrossed
- 6 -
LRB104 12129 BDA 22228 b
1
Department,
for assistance
of
up to 90% for the acquisition of
2
open space lands and for capital development and improvement
3
proposals
that are in conformity with the purposes of this Act
4
as determined by the Department.

, provided that

5

(3) A distressed location project that is not located in a
6
distressed community shall be eligible, as determined by the
7
Department, for assistance of up to 75% for the acquisition of
8
open space lands and for capital development and improvement
9
proposals that are in conformity with the purposes of this
10
Act.

11

(e) No

no
more than 10% of the amount appropriated under
12
this Act in any fiscal year
shall be

is
made available as
13
grants to distressed
communities under paragraph (1) of
14
subsection (d). No more than 30% of the amount appropriated
15
under this Act in any fiscal year shall be made available as
16
grants to distressed communities under paragraph (2) of
17
subsection (d). No more than 10% of the amount appropriated
18
under this Act in any fiscal year shall be made available as
19
grants to communities where the distressed location project is
20
not located in a distressed community under paragraph (3) of
21
subsection (d)

local governments
.
For grants awarded from new
22
appropriations in fiscal years 2023 through fiscal year 2025
23
only, a local government defined as "distressed" is eligible
24
for assistance up to 100% for the acquisition of open space
25
lands and for capital development and improvement proposals.
26
The Department may make more than 10% of the amount

HB3654 Engrossed
- 7 -
LRB104 12129 BDA 22228 b
1
appropriated in fiscal years 2023 through fiscal year 2025
2
available as grants to distressed local governments.
3

(f) To be awarded a grant under this Section, a grant
4
applicant must submit a complete application and comply with
5
the requirements of the notice of funding opportunity.

6

(g)
An advance payment of a minimum of 50% of any grant
7
made to a unit of local government under this Act must be paid
8
to the unit of local government at the time the Department
9
awards the grant. A unit of local government may opt out of the
10
advanced payment option at the time of the award of the grant.
11
The remainder of the grant shall be distributed to the local
12
government quarterly on a reimbursement basis. The Department
13
shall consider an applicant's request for an extension to a
14
grant under this Act if (i) the advanced payment is expended or
15
legally obligated within the 2 years required by Section 5 of
16
the Illinois Grant Funds Recovery Act or (ii) no advanced
17
payment was made.
18
(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
19
103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)

20

(525 ILCS 35/5)

(from Ch. 85, par. 2105)
21

Sec. 5.
Prioritization of projects.

In considering
22
applications for grants under this Act, the Department shall
23
give priority to projects
that:

which will

24

(1) will
provide the greatest benefit to the residents
25

of the areas of the State which have the highest

HB3654 Engrossed
- 8 -
LRB104 12129 BDA 22228 b
1

concentration or density of population
;

,

2

(2)

which
are based upon criteria established by the
3

Department
that

which
reflect outdoor recreation needs and
4

priorities identified through the Statewide Comprehensive
5

Outdoor Recreation Plan (SCORP) Program carried out by the
6

Department
;

, or

7

(3) are located in distressed locations and distressed
8

communities; or

9

(4)

which
are located in flood plain areas.
10

The total amount of grants made for any fiscal year may not
11
exceed the amount of the appropriation for grants made for
12
that fiscal year.
13
(Source: P.A. 84-109.)

14

(525 ILCS 35/6)

(from Ch. 85, par. 2106)
15

Sec. 6.
Consideration of grant applications.

The
16
Department shall consider all applications for grants for a
17
fiscal year before awarding any grants for that year. No
18
consideration shall be given for that fiscal year to an
19
application that has not been timely filed. If an application
20
does not describe a project that is compatible with the
21
purposes of this Act, the Department shall deny that
22
application. The Department shall evaluate those applications
23
that have been timely filed and have been approved as being
24
compatible with the purposes of this Act and, subject to the
25
limits established by Section 3, list in order of priority the

HB3654 Engrossed
- 9 -
LRB104 12129 BDA 22228 b
1
applicant, project and dollar amount of each grant recommended
2
to be awarded. The Department shall also indicate on the
3
priority listing of approved projects the last grant
that

4
which
may be paid during that fiscal year because of the limit
5
of moneys appropriated for grants for that fiscal year.
6
(Source: P.A. 84-109.)

7

(525 ILCS 35/9)

(from Ch. 85, par. 2109)
8

Sec. 9.
Rulemaking.

The Department shall
adopt

promulgate

9
rules and regulations to effectuate the purposes of this Act.
10
The Department may adopt emergency rules in accordance with
11
Sections 5-45 and 5-45.65 of the Illinois Administrative
12
Procedure Act. The adoption of emergency rules authorized by
13
Sections 5-45 and 5-45.65 of the Illinois Administrative
14
Procedure Act and this paragraph is deemed to be necessary for
15
the public interest, safety, and welfare.

16
(Source: P.A. 84-109.)

17

(525 ILCS 35/2.01 rep.)
18

(525 ILCS 35/2.02 rep.)
19

(525 ILCS 35/2.03 rep.)
20

(525 ILCS 35/2.04 rep.)
21

(525 ILCS 35/2.05 rep.)
22

(525 ILCS 35/11.1 rep.)
23

Section 15.
The Open Space Lands Acquisition and
24
Development Act is amended by repealing Sections 2.01, 2.02,

HB3654 Engrossed
- 10 -
LRB104 12129 BDA 22228 b
1
2.03, 2.04, 2.05, and 11.1.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn