Bill Text: IL HB2475 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Creates the Natural Resources and Agricultural Legacy Act. Establishes the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury to be managed by the Department of Natural Resources for the purpose of making grants to qualified easement holders for (1) the purchase of conservation easements on qualified land; (2) the costs of acquisition related to the purchase of conservation easements approved by the program; and (3) the costs of ecological management and maintenance activities. Requires the Department to adopt rules to implement the Act. Establishes the Legacy Act Technical Advisory Committee in the Department. Contains legislative findings. Defines terms. Repeals the Local Legacy Act. Amends the State Finance Act. Creates the Illinois Natural Resources and Agricultural Legacy Fund as a special fund in the State treasury.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-19 - Added Co-Sponsor Rep. Michelle Mussman [HB2475 Detail]
Download: Illinois-2025-HB2475-Introduced.html
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1 | AN ACT concerning agriculture.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||
5 | Natural Resources and Agricultural Legacy Act.
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6 | Section 5. Findings and intent. The General Assembly finds | |||||||||||||||||||||||
7 | that: | |||||||||||||||||||||||
8 | (1) The preservation of open space and farmland is | |||||||||||||||||||||||
9 | important for current and future environmental quality, | |||||||||||||||||||||||
10 | economic vitality, scenic beauty, ecological health, and | |||||||||||||||||||||||
11 | agricultural production in the State of Illinois, | |||||||||||||||||||||||
12 | including the production of food and fiber and the | |||||||||||||||||||||||
13 | preservation of a healthy environment that will sustain | |||||||||||||||||||||||
14 | the life, health, and welfare of the people of the State of | |||||||||||||||||||||||
15 | Illinois. | |||||||||||||||||||||||
16 | (2) Establishment of conservation easements protecting | |||||||||||||||||||||||
17 | open space and farmland, as provided in this Act, serves | |||||||||||||||||||||||
18 | important public purposes for the people of the State of | |||||||||||||||||||||||
19 | Illinois. | |||||||||||||||||||||||
20 | (3) This Act is consistent with and advances existing | |||||||||||||||||||||||
21 | State priorities identified in State law, including, but | |||||||||||||||||||||||
22 | not limited to, the Agricultural Areas Conservation and | |||||||||||||||||||||||
23 | Protection Act, the Illinois Natural Areas Preservation |
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1 | Act, the Real Property Conservation Rights Act, and the | ||||||
2 | Farmland Preservation Act. | ||||||
3 | (4) The intent of this Act is to provide an incentive | ||||||
4 | for private property owners in Illinois to voluntarily | ||||||
5 | conserve open space and farmland that is at risk of | ||||||
6 | conversion to development, while enhancing the use of | ||||||
7 | federal, local, and private funds to benefit Illinois' | ||||||
8 | farmland and open space.
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9 | Section 10. Definitions. In this Act: | ||||||
10 | "Application" means any application seeking moneys from | ||||||
11 | the Illinois Natural Resources and Agricultural Legacy Fund. | ||||||
12 | "Bargain sale" means the sale of a conservation easement | ||||||
13 | from a property owner to a qualified easement holder for a | ||||||
14 | price that is less than the appraised fair market value of the | ||||||
15 | conservation easement as determined by an independent, | ||||||
16 | third-party appraisal. | ||||||
17 | "Committee" means the Legacy Act Technical Advisory | ||||||
18 | Committee established under Section 35. | ||||||
19 | "Conservation easement" has the same meaning given in the | ||||||
20 | Illinois Conservation Enhancement Act. | ||||||
21 | "Cost of acquisition" means all out-of-pocket direct costs | ||||||
22 | of activities incurred in connection with the acquisition, | ||||||
23 | processing, recording, and documentation of a conservation | ||||||
24 | easement, such as appraisals, land surveys, title | ||||||
25 | verification, closing costs, and stewardship endowments, which |
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1 | may be required by applicable State laws and local ordinances | ||||||
2 | or otherwise, to establish a conservation easement on real | ||||||
3 | property. "Cost of acquisition" does not include any costs | ||||||
4 | incurred by a holder for staffing, overhead, or operations. | ||||||
5 | "Department" means the Department of Natural Resources | ||||||
6 | unless otherwise specified. | ||||||
7 | "Ecological management and maintenance activities" means | ||||||
8 | actions that are designed to maintain, preserve, or improve | ||||||
9 | the condition of native natural communities, the diversity of | ||||||
10 | species, and ecological processes. "Ecological management and | ||||||
11 | maintenance activities" includes prescribed burns, control of | ||||||
12 | exotic and invasive species, fencing, and other similar | ||||||
13 | practices identified as ecological management and maintenance | ||||||
14 | activities by administrative rule of the Department. | ||||||
15 | "Farmland" means (i) land devoted to agricultural, | ||||||
16 | floricultural, horticultural, or silvicultural uses for the | ||||||
17 | production of fiber, flowers, forest products, or food, | ||||||
18 | including grains, fruits, vegetables, meat, dairy products, | ||||||
19 | and mushrooms; (ii) land devoted to the raising or grazing of | ||||||
20 | farm animals, including livestock, sheep, swine, horses, | ||||||
21 | ponies, poultry, bees, or fish; and (iii) incidental land, | ||||||
22 | such as farmstead areas, areas with agricultural buildings and | ||||||
23 | infrastructure, and areas that are necessary for the efficient | ||||||
24 | administration of an agricultural operation or that | ||||||
25 | significantly augment the protection of associated farmland. | ||||||
26 | "Historically underserved person" means a new and |
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1 | beginning farmer, socially disadvantaged farmer, veteran | ||||||
2 | farmer, or low-income farmer, as those terms are defined by | ||||||
3 | regulations and policies of the U.S. Department of | ||||||
4 | Agriculture, Natural Resources Conservation Service | ||||||
5 | (USDA-NRCS). | ||||||
6 | "Legacy Fund" means the Illinois Natural Resources and | ||||||
7 | Agricultural Legacy Fund. | ||||||
8 | "Open space" means those undeveloped or minimally | ||||||
9 | developed lands that conserve and protect valuable natural | ||||||
10 | features or processes. | ||||||
11 | "Qualified easement holder" means (i) the Department or | ||||||
12 | any other State agency; (ii) a federal agency; (iii) a unit of | ||||||
13 | local government; (iv) a federally recognized Indian tribe; or | ||||||
14 | (v) a 501(c)(3) nonprofit organization that is found by the | ||||||
15 | Department to have the necessary experience to acquire | ||||||
16 | conservation real estate, whether through purchase, donation, | ||||||
17 | or transfer; the expertise and capacity to monitor and manage | ||||||
18 | a conservation easement; and the ability to meet any | ||||||
19 | additional criteria adopted by the Department by | ||||||
20 | administrative rule. | ||||||
21 | "Qualified land" means land that a landowner voluntarily | ||||||
22 | seeks to be protected with a conservation easement, that shall | ||||||
23 | include either open space, farmland, or a combination of open | ||||||
24 | space and farmland, and that meets the qualifications set out | ||||||
25 | in administrative rule by the Department.
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1 | Section 15. Establishment of the Illinois Natural | ||||||
2 | Resources and Agricultural Legacy Fund; source of funding. | ||||||
3 | (a) The Illinois Natural Resources and Agricultural Legacy | ||||||
4 | Fund is established as a special fund in the State treasury to | ||||||
5 | be managed by the Department. Interest earned by the Legacy | ||||||
6 | Fund shall be credited to the Legacy Fund. Moneys from the fund | ||||||
7 | shall be used as indicated in this Act, to support the | ||||||
8 | protection and conservation of land, and to supplement the | ||||||
9 | Department's resources. | ||||||
10 | (b) The Illinois Natural Resources and Agricultural Legacy | ||||||
11 | Fund shall consist of: | ||||||
12 | (1) moneys appropriated to the Legacy Fund; | ||||||
13 | (2) moneys from any other source, including proceeds | ||||||
14 | from the sale of bonds or moneys from any other local, | ||||||
15 | State, or federal program that is dedicated to the Legacy | ||||||
16 | Fund; and | ||||||
17 | (3) revenue derived from the sale of land or other | ||||||
18 | assets donated or bequeathed to the Legacy Fund. | ||||||
19 | (c) Moneys deposited into the Illinois Natural Resources | ||||||
20 | and Agricultural Legacy Fund shall be used for the purposes | ||||||
21 | described in this Act.
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22 | Section 20. Grants; conditions of eligibility; permissible | ||||||
23 | use of funds. | ||||||
24 | (a) Moneys in the Legacy Fund shall be made available each | ||||||
25 | fiscal year for the making of grants to qualified easement |
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1 | holders whose applications for grant funding under this Act | ||||||
2 | have been approved by the Department. The Department shall | ||||||
3 | establish, by rule, the qualifications an applicant must meet | ||||||
4 | to be awarded a grant under this Act. | ||||||
5 | (b) Grants may be awarded from the Legacy Fund to | ||||||
6 | qualified easement holders for any one or more of the | ||||||
7 | following: | ||||||
8 | (1) the purchase of conservation easements on | ||||||
9 | qualified land; | ||||||
10 | (2) the costs of acquisition related to the purchase | ||||||
11 | of conservation easements approved by the program; and | ||||||
12 | (3) the costs of ecological management and maintenance | ||||||
13 | activities. | ||||||
14 | (c) Through State fiscal year 2030, no more than 25% of the | ||||||
15 | grant funds that are awarded under this Act in a fiscal year | ||||||
16 | may be awarded to a qualified easement holder for the costs of | ||||||
17 | ecological management and maintenance activities under | ||||||
18 | paragraph (3). | ||||||
19 | (d) Moneys in the Legacy Fund may also be used by the | ||||||
20 | Department to pay allowable administrative costs of the | ||||||
21 | Department. However, no more than 10% of the annual | ||||||
22 | appropriation of moneys to the Legacy Fund shall be used to pay | ||||||
23 | allowable administrative costs of the Department. As used in | ||||||
24 | this subsection (d), "allowable administrative costs of the | ||||||
25 | Department" includes costs for staffing to administer the | ||||||
26 | program, whether at the Department or through consultants and |
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1 | partners, such as Soil and Water Conservation Districts, and | ||||||
2 | any related expenses and administrative support. | ||||||
3 | (e) Not more than 40% of the total amount of awarded grant | ||||||
4 | dollars in any one year shall be allocated to projects where | ||||||
5 | the Department is the qualified easement holder. | ||||||
6 | (f) The Legacy Fund amounts awarded for conservation | ||||||
7 | easement purchases shall not exceed the fair market value of | ||||||
8 | 2,500 acres of conservation easements per year, using the | ||||||
9 | average per-acre appraised value of all approved applications.
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10 | Section 25. Administration; prioritization. | ||||||
11 | (a) The Department shall establish and administer the | ||||||
12 | Illinois Natural Resources and Agricultural Legacy Fund | ||||||
13 | program. The Department shall develop, by rule, a scoring | ||||||
14 | process for awarding grants. Grants for the purchase of | ||||||
15 | conservation easements on qualified land shall be prioritized | ||||||
16 | to: | ||||||
17 | (1) prevent the fragmentation of farmland and the loss | ||||||
18 | of open space to conversion; and | ||||||
19 | (2) leverage local, federal, or private funding, | ||||||
20 | including, but not limited to, leveraging through bargain | ||||||
21 | sales. | ||||||
22 | (b) Grants for the purchase of conservation easements of | ||||||
23 | farmland shall additionally be prioritized to: | ||||||
24 | (1) support farmland ownership by historically | ||||||
25 | underserved farmers; |
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1 | (2) increase the supply of locally produced food in | ||||||
2 | the State; | ||||||
3 | (3) implement the recommendations of a U.S. Department | ||||||
4 | of Agriculture Natural Resources Conservation Service | ||||||
5 | (USDA-NRCS) Conservation Plan or similar management plan | ||||||
6 | on farmland, thereby ensuring the protection of soils and | ||||||
7 | water quality and implementation of conservation practices | ||||||
8 | and regenerative farming principles; and | ||||||
9 | (4) protect open space associated with farmland, such | ||||||
10 | as edge of field practices, like riparian buffers. | ||||||
11 | (c) Grants for the purchase of conservation easements of | ||||||
12 | open space shall additionally be prioritized to: | ||||||
13 | (1) support conservation priorities, including | ||||||
14 | Illinois Natural Area Inventory (INAI) sites; and | ||||||
15 | (2) protect biodiversity and wildlife habitat, aquatic | ||||||
16 | and terrestrial habitat connectivity, water quality, | ||||||
17 | watershed conservation, soil health, climate resilience | ||||||
18 | (both adaptation and mitigation), local conservation | ||||||
19 | plans, archeological sites, and public viewshed. | ||||||
20 | (d) The scoring process established under this Section | ||||||
21 | shall be unbiased as between conservation easements grants for | ||||||
22 | farmland and for open space.
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23 | Section 30. Authority to adopt rules. The Department shall | ||||||
24 | adopt rules necessary to implement the provisions of this Act, | ||||||
25 | including, but not limited to, rules that establish a process |
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1 | for submitting and processing applications for grants and the | ||||||
2 | criteria that an applicant must meet to be awarded a grant.
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3 | Section 35. Establishment of the Legacy Act Technical | ||||||
4 | Advisory Committee; membership; roles and duties. | ||||||
5 | (a) The Legacy Act Technical Advisory Committee is | ||||||
6 | established in the Department to provide technical | ||||||
7 | recommendations related to the development of the grant | ||||||
8 | program under this Act, its scoring criteria, and ongoing | ||||||
9 | program administration. The membership of the Committee shall | ||||||
10 | be as follows: | ||||||
11 | (1) the Director of Agriculture or the Director's | ||||||
12 | designee, who shall serve as chairperson; | ||||||
13 | (2) a member who operates a family farm in this State, | ||||||
14 | appointed by the Director of Natural Resources; | ||||||
15 | (3) a member who has expertise in natural resources | ||||||
16 | planning, appointed by the Director of Natural Resources; | ||||||
17 | (4) a member who is the designated representative of a | ||||||
18 | statewide agricultural organization, appointed by the | ||||||
19 | Director of Natural Resources; | ||||||
20 | (5) a member who is a designated representative of a | ||||||
21 | land trust or statewide nonprofit conservation | ||||||
22 | organization operating in this State, appointed by the | ||||||
23 | Director of Natural Resources; | ||||||
24 | (6) a member who is a designated representative of an | ||||||
25 | educational institution, appointed by the Director of |
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1 | Natural Resources; | ||||||
2 | (7) a member who is the designated representative of | ||||||
3 | soil and water conservation districts, the University of | ||||||
4 | Illinois Extension, or the U.S. Department of Agriculture | ||||||
5 | Natural Resources Conservation Service (USDA-NRCS), | ||||||
6 | appointed by the Director of Natural Resources; and | ||||||
7 | (8) a member representing the land use planning | ||||||
8 | profession, appointed by the Director of Natural | ||||||
9 | Resources. | ||||||
10 | (b) The Committee shall convene and meet at the call of the | ||||||
11 | chairperson or the Director of Natural Resources. | ||||||
12 | (c) The Department shall provide administrative and other | ||||||
13 | support to the Committee. | ||||||
14 | (d) The members of the Committee shall serve without | ||||||
15 | compensation but shall be reimbursed for their reasonable and | ||||||
16 | necessary expenses by the Department.
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17 | (20 ILCS 3988/Act rep.) | ||||||
18 | Section 40. The Local Legacy Act is repealed.
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19 | Section 45. The State Finance Act is amended by adding | ||||||
20 | Section 5.1030 as follows:
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21 | (30 ILCS 105/5.1030 new) | ||||||
22 | Sec. 5.1030. The Illinois Natural Resources and | ||||||
23 | Agricultural Legacy Fund. |