Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix C - Capital Development Board › Exhibit A - Capital Development Board's Agricultural Land Preservation Policy Statement

Current through Register Vol. 48, No. 28, July 12, 2024
I. DESCRIPTION OF
				CURRENT CAPITAL DEVELOPMENT BOARD PROCEDURES
In its role as the State's builder, the Capital Development
				  Board (CDB) provides technical assistance to user agencies in constructing new
				  or rehabilitating present facilities. The CDB is given site selection and land
				  acquisition authority by the General Assembly on selected major new
				  construction proposals. All other land selection and acquisition involvement by
				  the CDB requires the input of user agencies and is usually limited to technical
				  evaluation of user proposed sites for suitability for the facility under
				  consideration.
Because of the construction role it plays for user agencies,
				  the CDB does not "own" land in the traditional sense. Site selection and land
				  acquisition by the CDB occur on a project by project basis only, and are
				  accomplished as part of the Agency's capital construction responsibilities.
				  Ownership of land by the CDB continues only for the duration of construction of
				  capital facilities. The completed facility and site are then transferred to the
				  user agency or the Department of Central Management Services.
The following description of CDB procedures highlights those
				  steps which involve site selection and land acquisition. Capital project
				  development varies slightly for different types of agencies. For the majority
				  of projects, the CDB role in site selection is secondary to that of the user
				  agencies. Often, agencies acquire land for projects prior to CDB's
				  administration of the project. This is especially true for school districts
				  with local boards, including elementary and secondary schools, area vocational
				  centers, and community colleges.
In other instances, an agency may have identified but not
				  purchased a potential site prior to CDB administration. In these cases, the CDB
				  may approve and then acquire the site for the agency.
For a small number of projects, the CDB has administered site
				  acquisition from the identification of potential locations through site
				  selection and final purchase of the land. The final determinant as to the
				  extent of the CDB's involvement in land acquisition is the appropriation
				  legislation passed by the General Assembly.
In relation to site selection and land acquisition, user
				  agencies can be grouped into the four basic categories listed in 8 Ill. Adm.
				  Code 700.Appendix C: Table A.
The CDB land acquisition activities related to each of these
				  groups (8 Ill. Adm. Code 700.Appendix C: Table A) are identified in 8 Ill. Adm.
				  Code 700.Appendix C: Table B, which describes the CDB's "Project Development
				  Process." As shown, the extent of the CDB's involvement in site selection and
				  land acquisition varies according to user and type of project. In most cases,
				  assistance is provided to user agencies in the form of programmatic review of
				  the planned facility, technical evaluation of a proposed location, and review
				  of site appraisals. Findings of the CDB's reviews are then given to the user
				  for further consideration. Actual land acquisition is accomplished by the
				  user.
In addition to providing technical reviews of proposed
				  facility locations, the CDB can also approve and acquire user proposed sites,
				  or select and purchase sites for a user agency. These situations usually arise
				  in conjunction with a major new facility to be constructed.
II. AGRICULTURAL IMPACTS OF CDB PROCEDURES
The agricultural impact of the CDB land acquisition
				  procedures are normally minimal by virtue of the limits of authority granted to
				  the CDB, user agency involvement, and the type and location of land usually
				  acquired. In those cases where the CDB has been solely responsible for land
				  acquisition or has approved and acquired a user proposed location, many of the
				  sites have been located in urban, center-city settings. Acquisition of such
				  sites in the future will result in minimal, if any, agricultural impacts.
				  However, an adverse agricultural impact can occur in those instances when rural
				  sites are acquired by the CDB or by the user agencies for new
				  facilities.
III. MEASURES
				TO MITIGATE ADVERSE AGRICULTURAL IMPACTS
Future adverse impacts on agricultural land can be minimized
				  by instituting policy changes in the CDB site selection and land acquisition
				  procedures. A description of the mitigation measures is provided in 8 Ill. Adm.
				  Code. 700.Appendix C: Exhibit B, as they relate to the various types of CDB
				  user agencies. The measures comprise the CDB's basic Agricultural Land
				  Preservation Policy.
(June, 1987; revised)