525 ILCS 35/3 — Illinois Code / Chapter 525 / Act 35 / Section 3
Section 3
Status: in_force

(525 ILCS 35/3) (from Ch. 85, par. 2103) (Text of Section from P.A. 104-2) Sec. 3. From appropriations made from the Capital Development Fund, Build Illinois Bond Fund or other available or designated funds for such purposes, the Department shall make grants to local governments as financial assistance for the capital development and improvement of park, recreation or conservation areas, marinas and shorelines, including planning and engineering costs, and for the acquisition of open space lands, including acquisition of easements and other property interests less than fee simple ownership if the Department determines that such property interests are sufficient to carry out the purposes of this Act, subject to the conditions and limitations set forth in this Act. No more than 10% of the amount so appropriated for any fiscal year may be committed or expended on any one project described in an application under this Act. Except for grants awarded from new appropriations in fiscal years 2023 through fiscal year 2026, any grant under this Act to a local government shall be conditioned upon the state providing assistance on a 50/50 matching basis for the acquisition of open space lands and for capital development and improvement proposals. However, a local government defined as "distressed" under criteria adopted by the Department through administrative rule shall be eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals, provided that no more than 10% of the amount appropriated under this Act in any fiscal year is made available as grants to distressed local governments. For grants awarded from new appropriations in fiscal years 2023 through fiscal year 2026 only, a local government defined as "distressed" is eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement proposals. The Department may make more than 10% of the amount appropriated in fiscal years 2023 through fiscal year 2026 available as grants to distressed local governments. An advance payment of a minimum of 50% of any grant made to a unit of local government under this Act must be paid to the unit of local government at the time the Department awards the grant. A unit of local government may opt out of the advanced payment option at the time of the award of the grant. The remainder of the grant shall be distributed to the local government quarterly on a reimbursement basis. The Department shall consider an applicant's request for an extension to a grant under this Act if (i) the advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act or (ii) no advanced payment was made. (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.) (Text of Section from P.A. 104-423) Sec. 3. Grants to local governments. (a) From appropriations made from the Capital Development Fund, Build Illinois Bond Fund or other available or designated funds for such purposes, the Department shall make grants to local governments as financial assistance for the capital development and improvement of park, recreation or conservation areas, marinas and shorelines, including planning and engineering costs, and for the acquisition of open space lands, including acquisition of easements and other property interests less than fee simple ownership if the Department determines that such property interests are sufficient to carry out the purposes of this Act, subject to the conditions and limitations set forth in this Act. (b) No more than 10% of the amount so appropriated for any fiscal year may be committed or expended on any one project described in an application under this Act. (c) Except as otherwise provided in subsection (d), any grant under this Act to a unit of local government shall be conditioned upon the state providing assistance on a 50/50 matching basis for the acquisition of open space lands and for capital development and improvement proposals. (d)(1) A distressed location project located within a distressed community shall be eligible, as determined by the Department, for assistance of up to 100% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of this Act. (2) A project located within a distressed community, regardless of whether the project is located within a distressed location, shall be eligible, as determined by the Department, for assistance of up to 90% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of this Act as determined by the Department. (3) A distressed location project that is not located in a distressed community shall be eligible, as determined by the Department, for assistance of up to 75% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of this Act. (e) No more than 10% of the amount appropriated under this Act in any fiscal year shall be made available as grants to distressed communities under paragraph (1) of subsection (d). No more than 30% of the amount appropriated under this Act in any fiscal year shall be made available as grants to distressed communities under paragraph (2) of subsection (d). No more than 10% of the amount appropriated under this Act in any fiscal year shall be made available as grants to communities where the distressed location project is not located in a distressed community under paragraph (3) of subsection (d). (f) To be awarded a grant under this Section, a grant applicant must submit a complete application and comply with the requirements of the notice of funding opportunity. (g) An advance payment of a minimum of 50% of any grant made to a unit of local government under this Act must be paid to the unit of local government at the time the Department awards the grant. A unit of local government may opt out of the advanced payment option at the time of the award of the grant. The remainder of the grant shall be distributed to the local government quarterly on a reimbursement basis. The Department shall consider an applicant's request for an extension to a grant under this Act if (i) the advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act or (ii) no advanced payment was made. (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-423, eff. 1-1-26.)