Bill Text: IL HB3556 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Deletes provisions creating the Black Farmer Restoration Program. Provides that fee title acquisition grants to private landowners, socially disadvantaged farmers, and limited resource farmers shall be made from moneys in the Black Farmer Restoration Program Fund. Provides that the Programs created by the Act are subject to appropriation. Provides that subject to appropriation and in partnership with the University of Illinois Extension, the Department of Agriculture shall establish the Farm Conservation Corps to provide residents between the ages of 18 and 29 from socially disadvantaged groups the academic, vocational, and social skills necessary to pursue long-term and productive careers in agriculture. Provides that not less than 75% (rather than 25%) of funds shall be provided to applicants that lease or sell to socially disadvantaged farmers. Defines "limited resource farmer". Effective immediately.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3556 Detail]

Download: Illinois-2023-HB3556-Engrossed.html

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AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Black
Farmer Restoration Program Act.
Section 5. Definitions. As used in this Act:
"Agricultural easement" means a nonpossessory interest of
a holder in real property imposing limitations on the use of
the property strictly to agricultural purposes. An
agricultural easement does not prevent a property owner from
constructing, improving, or maintaining a primary residence or
housing for farmworkers on the land.
"Director" means the Director of Agriculture.
"Department" means the Illinois Department of Agriculture.
"Eligible individual" means a resident of this State who:
(1) was born in this State;
(2) is at least 21 years of age;
(3) has previously identified as Black or African
American; and
(4) has at least one parent of African ancestry.
"Limited resource farmer" means a farmer with direct or
indirect gross farm sales not more than the current indexed
value in each of the previous 2 years, and who has a total

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household income at or below the national poverty level for a
family of 4, or less than 50% of county median household income
in each of the previous 2 years.
"Qualified entity" means an organization:
(1) that has a fiscal sponsor who is exempt from
taxation pursuant to Section 501(c)(3) of the Internal
Revenue Code of 1986;
(2) that has a minimum of 3 years of experience
providing agricultural services, business assistance,
legal assistance, or advocacy services to socially
disadvantaged farmers; and
(3) in which at least one-half of the members of the
organization's board of directors are Black.
"Socially disadvantaged farmer" means a farmer who is a
member of a socially disadvantaged group.
"Socially disadvantaged group" means a group of people
whose members have been subject to racial or ethnic prejudice
because of their identity as a member of a group without regard
to their individual qualities.
"Training" means a program of training approved by the
Director that:
(1) provides an eligible individual with the basic
skills to operate a farm profitably with a primary focus
on regenerating the soil, ecosystem, and local community;
(2) provides a course of study that is equivalent to
no less than 30 academic credit hours of study, which may

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be provided as direct in-field instruction;
(3) focuses on low capital-intensive techniques and
technologies; and
(4) studies local and regional food systems and the
market opportunities those systems present.
Section 10. Black Farmer Restoration Program Fund.
(a) The Black Farmer Restoration Program Fund is created
as a special fund in the State treasury. Except as provided in
subsection (b), the moneys in the fund, upon appropriation by
the General Assembly, shall be used for the purposes of the
program, which include the purchase of agricultural
conservation easements, fee title acquisition grants to
private landowners, socially disadvantaged farmers, and
limited resource farmers, land improvement and planning
grants, technical assistance grants, technical assistance
provided by the Department, technology transfer activities of
the Department, and administrative costs incurred by the
Department in administering the program.
(b) Notwithstanding subsection (a), moneys may be
deposited into the fund from federal grants, and gifts and
donations that are designated and required by the donor to be
used exclusively for the purposes of the program.
(c) Not to exceed 10% of all grants made by the Department
under this Act may be made for land improvement purposes,
technical assistance purposes, and policy planning purposes.

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Not less than 90% of funds available for grants under this Act
shall be expended for the acquisition of interests in land.
For purposes of this Act, the expenditures specified in this
subsection shall be deemed expenditures for the acquisition of
interests in land. Not less than 75% of funds shall be provided
to applicants that lease or sell to socially disadvantaged
farmers. Moneys in the fund shall also be available for the
following purposes:
(1) To provide technical assistance grants to eligible
assistance entities in support of socially disadvantaged
farmers who are seeking financing for land acquisition or
leasing. For purposes of this Section, technical
assistance includes, but is not limited to, organizing,
advising, counseling, educating, planning, drafting,
translating, interpreting, and consulting with socially
disadvantaged farmers for the purpose of preparing them
for favorable financing for land acquisition or
negotiating leasing arrangements.
(2) To provide acquisition assistance grants to
eligible assistance entities for the sole purpose of
reducing barriers to land access for socially
disadvantaged farmers, including, but not limited to, down
payment assistance, interest rate assistance, direct costs
incidental to acquisition, and infrastructure for land
improvement.
(3) To provide technical assistance grants to eligible

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assistance entities in support of socially disadvantaged
farmers who are seeking financing for land acquisition or
leasing. For purposes of this paragraph (3), technical
assistance includes, but is not limited to, organizing,
advising, counseling, educating, planning, drafting,
translating, interpreting, and consulting with socially
disadvantaged farmers for the purpose of preparing them
for favorable financing for land acquisition or
negotiating leasing arrangements.
(4) To provide acquisition assistance grants to
eligible assistance entities for the sole purpose of
reducing barriers to land access for socially
disadvantaged farmers, including, but not limited to, down
payment assistance, interest rate assistance, direct costs
incidental to acquisition, and infrastructure for land
improvement.
Section 15. Department and Director responsibilities.
(a) Subject to appropriation, the Department shall:
(1) purchase, from willing sellers, available
agricultural land within this State at a price no greater
than fair market value; and
(2) convey grants of the purchased land to eligible
individuals at no cost to the eligible individual.
(b) A land grant to an eligible individual may not exceed
one hundred acres.

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(c) Eligible individuals:
(1) An eligible individual seeking a land grant shall
submit an application on a form and in a manner approved by
the Director that must include a legal description of the
eligible agricultural land.
(2) The Director shall give priority to applications
to:
(A) socially disadvantaged farmers;
(B) eligible individuals with a family history of
land dispossession;
(C) eligible individuals with experience in
agriculture, including experience obtained through the
provisions of this article; and
(D) eligible individuals who are veterans.
(3) The Director may grant an application submitted by
a qualified entity on behalf of one or more eligible
individuals seeking a land grant. An application submitted
by a qualified entity for more than one hundred acres must
include a proposal for how the land will be subdivided and
separately conveyed to multiple eligible individuals.
(d) Granted land.
(1) The Director shall attach an agricultural easement
to the land before it may be conveyed to the eligible
individual or qualified entity.
(2) The recipient of the land grant may sell the land,
but the Department has the right of first refusal to

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purchase the land at the appraised value of the land to
convey to another eligible individual pursuant to the
provisions of this article.
Section 20. Farm Conservation Corps.
(a) Subject to appropriation and in partnership with the
University of Illinois Extension, the Department shall
establish the Farm Conservation Corps to provide residents
between the ages of 18 and 29 from socially disadvantaged
groups the academic, vocational, and social skills necessary
to pursue long-term and productive careers in agriculture.
(b) The members of the Farm Conservation Corps shall serve
as on-farm apprentices, at no cost, to farms with an annual
gross farm income of less than $250,000 operated by:
(1) socially disadvantaged farmers;
(2) beginning farmers; or
(3) farmers operating certified organic farms.
Section 25. Data collection and reporting.
(a) Generally. Subject to appropriation, the Director
shall make publicly available annual reports describing data
on the recipients of the Department programs, including
assistance from farm subsidy programs, and the amounts of the
assistance, delineated by the race, ethnicity, and gender of
the recipients.
(b) Research of socially disadvantaged farmers. Subject to

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appropriation, the Department shall conduct research on the
status of socially disadvantaged farmers, including, but not
limited to:
(1) the share of land ownership of those socially
disadvantaged farmers as compared to all farmers,
delineated by the race, ethnicity, and gender of the
landowners;
(2) the share of the amount of assistance those
socially disadvantaged farmers receive from the Department
as compared to all farmers, delineated by the race,
ethnicity, and gender of the recipients;
(3) the share, status, and receipt of loans by
socially disadvantaged farmers as compared to all farmers,
delineated by the race, ethnicity, and gender of the
recipients; and
(4) an assessment of the reasons for disparities in
land ownership, assistance from the Department, and loans
for socially disadvantaged farmers compared to all
farmers.
(c) Research of farmworkers. Subject to appropriation, the
Department shall conduct research on the demographics and
status of farmworkers, including, but not limited to:
(1) the races, ethnicities, ages, localities, wages
and benefits, and working conditions of farmworkers;
(2) the economic contributions of farmworkers to the
Illinois economy; and

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(3) satisfaction of farmworkers with their employment.
(d) Census of agriculture. The Department shall:
(1) investigate historical changes in reporting
methodology and misreporting of socially disadvantaged
farmers in the census of agriculture;
(2) develop procedures to ensure that census of
agriculture surveys accurately capture the status of
socially disadvantaged farmers engaged in urban
agriculture; and
(3) conduct, concurrently with each census of
agriculture, a review to assess:
(A) the outreach and methodologies used in
conducting the census of agriculture; and
(B) how such outreach and methodologies have
affected the counting of socially disadvantaged
farmers.
(e) Corporate ownership of farmland. Subject to
appropriation, the Department shall annually conduct, and
annually make publicly available reports describing, in-depth
research and analysis of corporate (domestic and foreign) land
investment and ownership in Illinois, with specific attention
given to the impact of corporate land investment and ownership
on:
(1) land consolidation trends in Illinois and in the
United States;
(2) challenges and opportunities for new and beginning

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farmers accessing land for farming;
(3) challenges and opportunities for members of
socially disadvantaged groups accessing land for farming;
and
(4) crop selection and production trends.
Section 35. Rulemaking. The Department shall adopt rules
to carry out the provisions of this Act.
Section 90. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Black Farmer Restoration Program Fund.