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| Public Act 103-0494
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| SB1701 Enrolled | LRB103 29043 AWJ 55429 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing |
Section 6z-32 as follows:
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(30 ILCS 105/6z-32)
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Sec. 6z-32. Partners for Planning and Conservation.
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(a) The Partners for Conservation Fund (formerly known as |
the Conservation 2000 Fund) and the Partners for
Conservation |
Projects Fund (formerly known as the Conservation 2000 |
Projects Fund) are
created as special funds in the State |
Treasury. These funds
shall be used to establish a |
comprehensive program to protect Illinois' natural
resources |
through cooperative partnerships between State government and |
public
and private landowners. Moneys in these Funds may be
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used, subject to appropriation, by the Department of Natural |
Resources, Environmental Protection Agency, and the
Department |
of Agriculture for purposes relating to natural resource |
protection,
planning, recreation, tourism, climate resilience, |
and compatible agricultural and economic development
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activities. Without limiting these general purposes, moneys in |
these Funds may
be used, subject to appropriation, for the |
following specific purposes:
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(1) To foster sustainable agriculture practices and |
control soil erosion,
sedimentation, and nutrient loss |
from farmland, including grants to Soil and Water |
Conservation Districts
for conservation practice |
cost-share grants and for personnel, educational, and
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administrative expenses.
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(2) To establish and protect a system of ecosystems in |
public and private
ownership through conservation |
easements, incentives to public and private
landowners, |
natural resource restoration and preservation, water |
quality protection and improvement, land use and watershed |
planning, technical assistance and grants, and
land |
acquisition provided these mechanisms are all voluntary on |
the part of the
landowner and do not involve the use of |
eminent domain.
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(3) To develop a systematic and long-term program to |
effectively measure
and monitor natural resources and |
ecological conditions through investments in
technology |
and involvement of scientific experts.
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(4) To initiate strategies to enhance, use, and |
maintain Illinois' inland
lakes through education, |
technical assistance, research, and financial
incentives.
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(5) To partner with private landowners and with units |
of State, federal, and local government and with |
not-for-profit organizations in order to integrate State |
and federal programs with Illinois' natural resource |
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protection and restoration efforts and to meet |
requirements to obtain federal and other funds for |
conservation or protection of natural resources. |
(6) To support implement the State's Nutrient Loss |
Reduction Strategy, including, but not limited to, funding |
the resources needed to support the Strategy's Policy |
Working Group, cover water quality monitoring in support |
of Strategy implementation, prepare a biennial report on |
the progress made on the Strategy every 2 years, and |
provide cost share funding for nutrient capture projects. |
(7) To provide capacity grants to support soil and |
water conservation districts, including, but not limited |
to, developing soil health plans, conducting soil health |
assessments, peer-to-peer training, convening |
producer-led dialogues, professional memberships, lab |
analysis, and development and travel stipends for meetings |
and educational events.
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(8) To develop guidelines and local soil health |
assessments for advancing soil health. |
(b) The State Comptroller and State Treasurer shall |
automatically transfer
on the last day of each month, |
beginning on September 30, 1995 and ending on
June 30, 2023,
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from the General Revenue Fund to the Partners for Conservation
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Fund,
an
amount equal to 1/10 of the amount set forth below in |
fiscal year 1996 and
an amount equal to 1/12 of the amount set |
forth below in each of the other
specified fiscal years:
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Fiscal Year |
Amount |
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1996 |
$ 3,500,000 |
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1997 |
$ 9,000,000 |
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1998 |
$10,000,000 |
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1999 |
$11,000,000 |
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2000 |
$12,500,000 |
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2001 through 2004 |
$14,000,000 |
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2005
| $7,000,000 | |
2006
| $11,000,000
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2007
| $0
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2008 through 2011
| $14,000,000
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2012 | $12,200,000 | |
2013 through 2017 | $14,000,000 | |
2018 | $1,500,000 | |
2019 | $14,000,000 | |
2020 | $7,500,000 | |
2021 through 2023 | $14,000,000 |
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(c) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2021 and ending June 30, 2022, from the |
Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$4,135,000.
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(c-1) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2022 and ending June 30, 2023, from the |
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Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$5,900,000. |
(d) There shall be deposited into the Partners for
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Conservation Projects Fund such
bond proceeds and other moneys |
as may, from time to time, be provided by law.
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(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
102-699, eff. 4-19-22.)
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Section 15. The Soil and Water Conservation Districts Act |
is amended by adding Sections 3.24, 3.25, 3.26, 3.27, 22.03a, |
22.03b, 22.03c, and 22.03d as follows:
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(70 ILCS 405/3.24 new) |
Sec. 3.24. "Healthy soils practices" means systems of |
agricultural, forestry, and land management practices that: |
(1) improve the health of soils, including, but not |
limited to, consideration of depth of topsoil horizons, |
water infiltration rate, water-holding capacity, organic |
matter content, biologically accessible nutrient content, |
bulk density, biological activity, and biological and |
microbiological diversity; |
(2) follow the principles of: minimizing soil |
disturbance and external inputs; keeping soil covered; |
maximizing biodiversity; diversifying crop rotations; |
maximizing presence of living roots; integrating animals |
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and insects into land management, including grazing |
animals, birds, beneficial insects, or keystone species, |
such as earthworms; and incorporating the context of local |
conditions in decision-making, including, for example, |
soil type, topography, and time of year; and |
(3) include practices such as conservation tillage or |
no-till, cover-cropping, perennialization of highly |
erodible land, precision nitrogen and phosphorus |
application, managed grazing, integrated crop-livestock |
systems, silvopasture, agroforestry, perennial crops, |
integrated pest management, nutrient best management |
practices, invasive species removal and the planting of |
native species and those practices recommended by the |
United States Department of Agriculture's Natural |
Resources Conservation Service - Field Office Technical |
Guide.
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(70 ILCS 405/3.25 new) |
Sec. 3.25. "Soil health assessment" means soil health |
indicator measures, including, but not limited to, soil |
organic matter, soil structure, infiltration and bulk density, |
water-holding capacity, microbial biomass, and soil |
respiration.
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(70 ILCS 405/3.26 new) |
Sec. 3.26. "Initiative" means the Illinois Healthy Soils |
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Initiative.
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(70 ILCS 405/3.27 new) |
Sec. 3.27. "Healthy soil" means the continuing capacity of |
a soil to function as a vital, living biological system that |
sustains plants, animals, and humans, increases soil organic |
matter, improves soil structure and water-holding and |
nutrient-holding capacity and nutrient cycling, enhances water |
infiltration and filtration capability, promotes water |
quality, and results in net long-term ecological benefits. |
"Healthy soil" includes soil that hosts a diversity of |
beneficial organisms, grow vigorous crops, enhance |
agricultural resilience, including the ability of crops and |
livestock to tolerate and recover from drought, temperature |
extremes, extreme precipitation events, pests, diseases, and |
other stresses, break down harmful chemicals, and help convert |
organic residues into stable soil organic matter and retaining |
nutrients, especially nitrogen and phosphorus.
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(70 ILCS 405/22.03a new) |
Sec. 22.03a. Illinois Healthy Soils Initiative. |
(a) The Illinois Healthy Soils Initiative is created. It |
is the purpose of the Initiative to improve the health of soils |
through efforts that improve soil and water quality, increase |
the resilience of ecosystems to extreme weather events, |
protect and improve agricultural productivity, and support |
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aquatic and wildlife habitat. |
Subject to appropriation, the Initiative shall be |
administered by the Director of Agriculture with consultation |
from soil and water conservation districts, the Illinois |
Environmental Protection Agency, the Department of Natural |
Resources, and the University of Illinois Extension Program. |
The Department shall create guidelines and guidance to assist |
soil and water
conservation districts in developing soil |
health assessments in order to identify desired capacity and |
funding levels and establish regular, measurable, |
cost-effective, and technically achievable goals to advance |
voluntary and incentive-based strategies that improve healthy |
soils. These assessments shall be used to identify |
opportunities to access financial and technical assistance |
from local, State, and federal sources to guide resources to |
their best potential use. |
The Initiative shall complement and improve coordination |
of existing resources and processes and shall not replace |
existing, local, State, or federal funding or technical |
assistance programs. The Department shall report on progress |
of the Initiative annually. |
The Initiative shall promote voluntary and incentive-based |
soil health efforts. No part of this Section shall be used to |
impose mandates or require practice adoption.
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(70 ILCS 405/22.03b new) |
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Sec. 22.03b. Guidelines for soil health assessments. The |
Department shall adopt and revise guidelines to assist soil |
and water conservation districts in determining local goals |
and needs for implementing soil health assessments. |
In developing its guidelines to assist soil and water |
conservation districts in determining local goals and needs |
for soil health assessments, the Department shall consider: |
(1) county and State levels of conservation practice |
adoption. Guidance should also be provided to districts to |
meet USDA Natural Resource Conservation Service determined |
conservation practice standards or Illinois Urban Manual |
Practice Standards; |
(2) information regarding beginning, socially |
disadvantaged, and veteran farmers and ranchers, as well |
as disadvantaged communities; |
(3) availability of State and federal financial and |
technical assistance programs to soil and water |
conservation districts, local governments, and |
conservation partners; and |
(4) opportunities for evaluating results-based |
practices utilizing tools, such as the U.S. Department of |
Agriculture's revised universal soil loss equation, that |
model environmental outcomes at the field, county, |
watershed, or State level. |
The information collected through the development of the |
guidelines shall be compiled and provided to the soil and |
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water conservation districts to inform the development of |
local soil health assessments. |
Initial guidelines shall be completed and provided to soil |
and water conservation districts annually and shall include |
the grant agreement for the Soil and Water Conservation |
District Grants Program as well as outlining the funding |
resource support contained within the grant agreement to |
better inform the development of local soil health |
assessments.
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(70 ILCS 405/22.03c new) |
Sec. 22.03c. Local soil health assessments. Upon the |
adoption of guidelines described in Section 22.03b, each soil |
and water conservation district shall develop annually its own |
soil health assessment to guide voluntary and incentive-based |
strategies to improve soil health. The soil health assessment |
shall be technically feasible and economically reasonable. |
The Department shall provide a template to the districts |
for the local soil health assessment, including the required |
information listed in this Section as well as information |
regarding available data and support materials collected as |
the guidance information listed in Section 25. |
Each district is encouraged to collaborate with other |
local governmental entities and local stakeholders in |
developing and implementing its soil health assessment. Each |
district shall use the guidelines provided by the Department |
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in developing its soil health assessment. |
Upon the request of a district, the Department may assist |
in the preparation of the district's soil health assessment. |
Districts may also work collaboratively to establish joint |
plans to leverage existing capacity and resources most |
effectively. |
To carry out its assessment, a district shall identify |
soil health practices. The soil health assessment must |
consider opportunities to access, leverage, and use State and |
federal resources within a specific soil and water |
conservation district service area. |
Soil and water conservation districts may also convene |
producer-led dialogues to identify special initiatives or |
pilot projects to leverage additional resources and implement |
soil health practices at scale across multiple operations and |
land ownerships. |
In developing a soil health assessment, the soil and water |
conservation district shall: |
(1) evaluate existing assets, such as current |
practices, current cropping systems, crop processing
and |
market infrastructure, riparian buffers, wetlands, public |
lands, funding, education, research
and peer-to-peer |
training opportunities, and existing partnerships; |
(2) consider the eligible funding categories available |
through the Partners for Conservation Fund and the |
district's ability to advance healthy soils practices |
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consistent with Natural Resource Conservation Service soil |
health principles within a soil and water conservation |
district service area; |
(3) determine vulnerabilities, such as runoff risk, |
riparian function, stormwater, floodplains and stream |
impairments, and observed and predicted impacts from |
climate change, especially to socially disadvantaged |
farmers, ranchers, and communities; |
(4) identify opportunities to conduct outreach to |
agricultural producers and landowners and to develop |
individual soil health plans; |
(5) establish goals for achieving measurable outcomes |
for soil health and farmer viability through voluntary and |
incentive-based activities. This includes identifying |
opportunities to support beginning, socially |
disadvantaged, and veteran farmers as well as small and |
mid-scale farmers; |
(6) estimate 2-year funding levels needed from State, |
federal and private sources in order to achieve goals; and |
(7) identify opportunities to develop partnerships and |
leverage resources from local governments, utilities, and |
State and federal agencies. |
The Department shall identify shared goals and priorities |
between districts and shall assist in developing partnerships |
and shared funding approaches to maximize capacity and |
resources. Initial soil health assessments shall be submitted |
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to the Department by September 1, 2024.
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(70 ILCS 405/22.03d new) |
Sec. 22.03d. Compliance and standards; cost sharing. To be |
eligible to receive State cost-share support after September |
1, 2024, soil and water conservation districts shall have an |
updated soil health assessment. |
The Department shall update its rules and procedures for |
cost-share funding to be inclusive of all relevant soil health |
practices promoting the rapid adoption of cost-effective and |
technically feasible projects. Updates to the rules and |
procedures for State cost-share programs shall also address |
barriers to access experienced by beginning, socially |
disadvantaged, and veteran farmers. |
The Department may require results-based practices or the |
assessments of the environmental outcomes of projects, at the |
field or county level, as a condition of cost-share funding.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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