Illinois General Assembly - Full Text of SB0658
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Full Text of SB0658  102nd General Assembly

SB0658enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0658 EnrolledLRB102 11452 AWJ 16786 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-74.3-5, 11-74.4-3.5, 11-74.4-4, and
611-74.6-10 as follows:
 
7    (65 ILCS 5/11-74.3-5)
8    Sec. 11-74.3-5. Definitions. The following terms as used
9in this Law shall have the following meanings:
10    "Blighted area" means an area that is a blighted area
11which, by reason of the predominance of defective,
12non-existent, or inadequate street layout, unsanitary or
13unsafe conditions, deterioration of site improvements,
14improper subdivision or obsolete platting, or the existence of
15conditions which endanger life or property by fire or other
16causes, or any combination of those factors, retards the
17provision of housing accommodations or constitutes an economic
18or social liability, an economic underutilization of the area,
19or a menace to the public health, safety, morals, or welfare.
20    "Business district" means a contiguous area which includes
21only parcels of real property directly and substantially
22benefited by the proposed business district plan. A business
23district may, but need not be, a blighted area, but no

 

 

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1municipality shall be authorized to impose taxes pursuant to
2subsection (10) or (11) of Section 11-74.3-3 in a business
3district which has not been determined by ordinance to be a
4blighted area under this Law. For purposes of this Division,
5parcels are contiguous if they touch or join one another in a
6reasonably substantial physical sense or if they meet the
7criteria for annexation to a municipality under Section 7-1-1
8of this Code. The changes made by this amendatory Act of the
9102nd General Assembly, are declarative of existing law and
10shall be applied retroactively when substantively applicable,
11including all pending actions without regard to when the cause
12of action accrued; however, this amendatory Act of the 102nd
13General Assembly does not affect the rights of any party that
14is subject to a final judgment entered pursuant to the
15September 23, 2021 opinion of the Illinois Supreme Court in
16Board of Education of Richland School District 88A v. City of
17Crest Hill, 2021 IL 126444.
18    "Business district plan" shall mean the written plan for
19the development or redevelopment of a business district. Each
20business district plan shall set forth in writing: (i) a
21specific description of the boundaries of the proposed
22business district, including a map illustrating the
23boundaries; (ii) a general description of each project
24proposed to be undertaken within the business district,
25including a description of the approximate location of each
26project and a description of any developer, user, or tenant of

 

 

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1any property to be located or improved within the proposed
2business district; (iii) the name of the proposed business
3district; (iv) the estimated business district project costs;
4(v) the anticipated source of funds to pay business district
5project costs; (vi) the anticipated type and terms of any
6obligations to be issued; and (vii) the rate of any tax to be
7imposed pursuant to subsection (10) or (11) of Section
811-74.3-3 and the period of time for which the tax shall be
9imposed.
10    "Business district project costs" shall mean and include
11the sum total of all costs incurred by a municipality, other
12governmental entity, or nongovernmental person in connection
13with a business district, in the furtherance of a business
14district plan, including, without limitation, the following:
15        (1) costs of studies, surveys, development of plans
16    and specifications, implementation and administration of a
17    business district plan, and personnel and professional
18    service costs including architectural, engineering, legal,
19    marketing, financial, planning, or other professional
20    services, provided that no charges for professional
21    services may be based on a percentage of tax revenues
22    received by the municipality;
23        (2) property assembly costs, including but not limited
24    to, acquisition of land and other real or personal
25    property or rights or interests therein, and specifically
26    including payments to developers or other nongovernmental

 

 

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1    persons as reimbursement for property assembly costs
2    incurred by that developer or other nongovernmental
3    person;
4        (3) site preparation costs, including but not limited
5    to clearance, demolition or removal of any existing
6    buildings, structures, fixtures, utilities, and
7    improvements and clearing and grading of land;
8        (4) costs of installation, repair, construction,
9    reconstruction, extension, or relocation of public
10    streets, public utilities, and other public site
11    improvements within or without the business district which
12    are essential to the preparation of the business district
13    for use in accordance with the business district plan, and
14    specifically including payments to developers or other
15    nongovernmental persons as reimbursement for site
16    preparation costs incurred by the developer or
17    nongovernmental person;
18        (5) costs of renovation, rehabilitation,
19    reconstruction, relocation, repair, or remodeling of any
20    existing buildings, improvements, and fixtures within the
21    business district, and specifically including payments to
22    developers or other nongovernmental persons as
23    reimbursement for costs incurred by those developers or
24    nongovernmental persons;
25        (6) costs of installation or construction within the
26    business district of buildings, structures, works,

 

 

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1    streets, improvements, equipment, utilities, or fixtures,
2    and specifically including payments to developers or other
3    nongovernmental persons as reimbursements for such costs
4    incurred by such developer or nongovernmental person;
5        (7) financing costs, including but not limited to all
6    necessary and incidental expenses related to the issuance
7    of obligations, payment of any interest on any obligations
8    issued under this Law that accrues during the estimated
9    period of construction of any development or redevelopment
10    project for which those obligations are issued and for not
11    exceeding 36 months thereafter, and any reasonable
12    reserves related to the issuance of those obligations; and
13        (8) relocation costs to the extent that a municipality
14    determines that relocation costs shall be paid or is
15    required to make payment of relocation costs by federal or
16    State law.
17    "Business district tax allocation fund" means the special
18fund to be established by a municipality for a business
19district as provided in Section 11-74.3-6.
20    "Dissolution date" means the date on which the business
21district tax allocation fund shall be dissolved. The
22dissolution date shall be not later than 270 days following
23payment to the municipality of the last distribution of taxes
24as provided in Section 11-74.3-6.
25(Source: P.A. 99-452, eff. 1-1-16.)
 

 

 

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1    (65 ILCS 5/11-74.4-3.5)
2    Sec. 11-74.4-3.5. Completion dates for redevelopment
3projects.
4    (a) Unless otherwise stated in this Section, the estimated
5dates of completion of the redevelopment project and
6retirement of obligations issued to finance redevelopment
7project costs (including refunding bonds under Section
811-74.4-7) may not be later than December 31 of the year in
9which the payment to the municipal treasurer, as provided in
10subsection (b) of Section 11-74.4-8 of this Act, is to be made
11with respect to ad valorem taxes levied in the 23rd calendar
12year after the year in which the ordinance approving the
13redevelopment project area was adopted if the ordinance was
14adopted on or after January 15, 1981.
15    (a-5) If the redevelopment project area is located within
16a transit facility improvement area established pursuant to
17Section 11-74.4-3, the estimated dates of completion of the
18redevelopment project and retirement of obligations issued to
19finance redevelopment project costs (including refunding bonds
20under Section 11-74.4-7) may not be later than December 31 of
21the year in which the payment to the municipal treasurer, as
22provided in subsection (b) of Section 11-74.4-8 of this Act,
23is to be made with respect to ad valorem taxes levied in the
2435th calendar year after the year in which the ordinance
25approving the redevelopment project area was adopted.
26    (a-7) A municipality may adopt tax increment financing for

 

 

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1a redevelopment project area located in a transit facility
2improvement area that also includes real property located
3within an existing redevelopment project area established
4prior to August 12, 2016 (the effective date of Public Act
599-792). In such case: (i) the provisions of this Division
6shall apply with respect to the previously established
7redevelopment project area until the municipality adopts, as
8required in accordance with applicable provisions of this
9Division, an ordinance dissolving the special tax allocation
10fund for such redevelopment project area and terminating the
11designation of such redevelopment project area as a
12redevelopment project area; and (ii) after the effective date
13of the ordinance described in (i), the provisions of this
14Division shall apply with respect to the subsequently
15established redevelopment project area located in a transit
16facility improvement area.
17    (b) The estimated dates of completion of the redevelopment
18project and retirement of obligations issued to finance
19redevelopment project costs (including refunding bonds under
20Section 11-74.4-7) may not be later than December 31 of the
21year in which the payment to the municipal treasurer as
22provided in subsection (b) of Section 11-74.4-8 of this Act is
23to be made with respect to ad valorem taxes levied in the 32nd
24calendar year after the year in which the ordinance approving
25the redevelopment project area was adopted if the ordinance
26was adopted on September 9, 1999 by the Village of Downs.

 

 

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1    The estimated dates of completion of the redevelopment
2project and retirement of obligations issued to finance
3redevelopment project costs (including refunding bonds under
4Section 11-74.4-7) may not be later than December 31 of the
5year in which the payment to the municipal treasurer as
6provided in subsection (b) of Section 11-74.4-8 of this Act is
7to be made with respect to ad valorem taxes levied in the 33rd
8calendar year after the year in which the ordinance approving
9the redevelopment project area was adopted if the ordinance
10was adopted on May 20, 1985 by the Village of Wheeling.
11    The estimated dates of completion of the redevelopment
12project and retirement of obligations issued to finance
13redevelopment project costs (including refunding bonds under
14Section 11-74.4-7) may not be later than December 31 of the
15year in which the payment to the municipal treasurer as
16provided in subsection (b) of Section 11-74.4-8 of this Act is
17to be made with respect to ad valorem taxes levied in the 28th
18calendar year after the year in which the ordinance approving
19the redevelopment project area was adopted if the ordinance
20was adopted on October 12, 1989 by the City of Lawrenceville.
21    (c) The estimated dates of completion of the redevelopment
22project and retirement of obligations issued to finance
23redevelopment project costs (including refunding bonds under
24Section 11-74.4-7) may not be later than December 31 of the
25year in which the payment to the municipal treasurer as
26provided in subsection (b) of Section 11-74.4-8 of this Act is

 

 

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1to be made with respect to ad valorem taxes levied in the 35th
2calendar year after the year in which the ordinance approving
3the redevelopment project area was adopted:
4        (1) If the ordinance was adopted before January 15,
5    1981.
6        (2) If the ordinance was adopted in December 1983,
7    April 1984, July 1985, or December 1989.
8        (3) If the ordinance was adopted in December 1987 and
9    the redevelopment project is located within one mile of
10    Midway Airport.
11        (4) If the ordinance was adopted before January 1,
12    1987 by a municipality in Mason County.
13        (5) If the municipality is subject to the Local
14    Government Financial Planning and Supervision Act or the
15    Financially Distressed City Law.
16        (6) If the ordinance was adopted in December 1984 by
17    the Village of Rosemont.
18        (7) If the ordinance was adopted on December 31, 1986
19    by a municipality located in Clinton County for which at
20    least $250,000 of tax increment bonds were authorized on
21    June 17, 1997, or if the ordinance was adopted on December
22    31, 1986 by a municipality with a population in 1990 of
23    less than 3,600 that is located in a county with a
24    population in 1990 of less than 34,000 and for which at
25    least $250,000 of tax increment bonds were authorized on
26    June 17, 1997.

 

 

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1        (8) If the ordinance was adopted on October 5, 1982 by
2    the City of Kankakee, or if the ordinance was adopted on
3    December 29, 1986 by East St. Louis.
4        (9) If the ordinance was adopted on November 12, 1991
5    by the Village of Sauget.
6        (10) If the ordinance was adopted on February 11, 1985
7    by the City of Rock Island.
8        (11) If the ordinance was adopted before December 18,
9    1986 by the City of Moline.
10        (12) If the ordinance was adopted in September 1988 by
11    Sauk Village.
12        (13) If the ordinance was adopted in October 1993 by
13    Sauk Village.
14        (14) If the ordinance was adopted on December 29, 1986
15    by the City of Galva.
16        (15) If the ordinance was adopted in March 1991 by the
17    City of Centreville.
18        (16) If the ordinance was adopted on January 23, 1991
19    by the City of East St. Louis.
20        (17) If the ordinance was adopted on December 22, 1986
21    by the City of Aledo.
22        (18) If the ordinance was adopted on February 5, 1990
23    by the City of Clinton.
24        (19) If the ordinance was adopted on September 6, 1994
25    by the City of Freeport.
26        (20) If the ordinance was adopted on December 22, 1986

 

 

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1    by the City of Tuscola.
2        (21) If the ordinance was adopted on December 23, 1986
3    by the City of Sparta.
4        (22) If the ordinance was adopted on December 23, 1986
5    by the City of Beardstown.
6        (23) If the ordinance was adopted on April 27, 1981,
7    October 21, 1985, or December 30, 1986 by the City of
8    Belleville.
9        (24) If the ordinance was adopted on December 29, 1986
10    by the City of Collinsville.
11        (25) If the ordinance was adopted on September 14,
12    1994 by the City of Alton.
13        (26) If the ordinance was adopted on November 11, 1996
14    by the City of Lexington.
15        (27) If the ordinance was adopted on November 5, 1984
16    by the City of LeRoy.
17        (28) If the ordinance was adopted on April 3, 1991 or
18    June 3, 1992 by the City of Markham.
19        (29) If the ordinance was adopted on November 11, 1986
20    by the City of Pekin.
21        (30) If the ordinance was adopted on December 15, 1981
22    by the City of Champaign.
23        (31) If the ordinance was adopted on December 15, 1986
24    by the City of Urbana.
25        (32) If the ordinance was adopted on December 15, 1986
26    by the Village of Heyworth.

 

 

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1        (33) If the ordinance was adopted on February 24, 1992
2    by the Village of Heyworth.
3        (34) If the ordinance was adopted on March 16, 1995 by
4    the Village of Heyworth.
5        (35) If the ordinance was adopted on December 23, 1986
6    by the Town of Cicero.
7        (36) If the ordinance was adopted on December 30, 1986
8    by the City of Effingham.
9        (37) If the ordinance was adopted on May 9, 1991 by the
10    Village of Tilton.
11        (38) If the ordinance was adopted on October 20, 1986
12    by the City of Elmhurst.
13        (39) If the ordinance was adopted on January 19, 1988
14    by the City of Waukegan.
15        (40) If the ordinance was adopted on September 21,
16    1998 by the City of Waukegan.
17        (41) If the ordinance was adopted on December 31, 1986
18    by the City of Sullivan.
19        (42) If the ordinance was adopted on December 23, 1991
20    by the City of Sullivan.
21        (43) If the ordinance was adopted on December 31, 1986
22    by the City of Oglesby.
23        (44) If the ordinance was adopted on July 28, 1987 by
24    the City of Marion.
25        (45) If the ordinance was adopted on April 23, 1990 by
26    the City of Marion.

 

 

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1        (46) If the ordinance was adopted on August 20, 1985
2    by the Village of Mount Prospect.
3        (47) If the ordinance was adopted on February 2, 1998
4    by the Village of Woodhull.
5        (48) If the ordinance was adopted on April 20, 1993 by
6    the Village of Princeville.
7        (49) If the ordinance was adopted on July 1, 1986 by
8    the City of Granite City.
9        (50) If the ordinance was adopted on February 2, 1989
10    by the Village of Lombard.
11        (51) If the ordinance was adopted on December 29, 1986
12    by the Village of Gardner.
13        (52) If the ordinance was adopted on July 14, 1999 by
14    the Village of Paw Paw.
15        (53) If the ordinance was adopted on November 17, 1986
16    by the Village of Franklin Park.
17        (54) If the ordinance was adopted on November 20, 1989
18    by the Village of South Holland.
19        (55) If the ordinance was adopted on July 14, 1992 by
20    the Village of Riverdale.
21        (56) If the ordinance was adopted on December 29, 1986
22    by the City of Galesburg.
23        (57) If the ordinance was adopted on April 1, 1985 by
24    the City of Galesburg.
25        (58) If the ordinance was adopted on May 21, 1990 by
26    the City of West Chicago.

 

 

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1        (59) If the ordinance was adopted on December 16, 1986
2    by the City of Oak Forest.
3        (60) If the ordinance was adopted in 1999 by the City
4    of Villa Grove.
5        (61) If the ordinance was adopted on January 13, 1987
6    by the Village of Mt. Zion.
7        (62) If the ordinance was adopted on December 30, 1986
8    by the Village of Manteno.
9        (63) If the ordinance was adopted on April 3, 1989 by
10    the City of Chicago Heights.
11        (64) If the ordinance was adopted on January 6, 1999
12    by the Village of Rosemont.
13        (65) If the ordinance was adopted on December 19, 2000
14    by the Village of Stone Park.
15        (66) If the ordinance was adopted on December 22, 1986
16    by the City of DeKalb.
17        (67) If the ordinance was adopted on December 2, 1986
18    by the City of Aurora.
19        (68) If the ordinance was adopted on December 31, 1986
20    by the Village of Milan.
21        (69) If the ordinance was adopted on September 8, 1994
22    by the City of West Frankfort.
23        (70) If the ordinance was adopted on December 23, 1986
24    by the Village of Libertyville.
25        (71) If the ordinance was adopted on December 22, 1986
26    by the Village of Hoffman Estates.

 

 

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1        (72) If the ordinance was adopted on September 17,
2    1986 by the Village of Sherman.
3        (73) If the ordinance was adopted on December 16, 1986
4    by the City of Macomb.
5        (74) If the ordinance was adopted on June 11, 2002 by
6    the City of East Peoria to create the West Washington
7    Street TIF.
8        (75) If the ordinance was adopted on June 11, 2002 by
9    the City of East Peoria to create the Camp Street TIF.
10        (76) If the ordinance was adopted on August 7, 2000 by
11    the City of Des Plaines.
12        (77) If the ordinance was adopted on December 22, 1986
13    by the City of Washington to create the Washington Square
14    TIF #2.
15        (78) If the ordinance was adopted on December 29, 1986
16    by the City of Morris.
17        (79) If the ordinance was adopted on July 6, 1998 by
18    the Village of Steeleville.
19        (80) If the ordinance was adopted on December 29, 1986
20    by the City of Pontiac to create TIF I (the Main St TIF).
21        (81) If the ordinance was adopted on December 29, 1986
22    by the City of Pontiac to create TIF II (the Interstate
23    TIF).
24        (82) If the ordinance was adopted on November 6, 2002
25    by the City of Chicago to create the Madden/Wells TIF
26    District.

 

 

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1        (83) If the ordinance was adopted on November 4, 1998
2    by the City of Chicago to create the Roosevelt/Racine TIF
3    District.
4        (84) If the ordinance was adopted on June 10, 1998 by
5    the City of Chicago to create the Stony Island
6    Commercial/Burnside Industrial Corridors TIF District.
7        (85) If the ordinance was adopted on November 29, 1989
8    by the City of Chicago to create the Englewood Mall TIF
9    District.
10        (86) If the ordinance was adopted on December 27, 1986
11    by the City of Mendota.
12        (87) If the ordinance was adopted on December 31, 1986
13    by the Village of Cahokia.
14        (88) If the ordinance was adopted on September 20,
15    1999 by the City of Belleville.
16        (89) If the ordinance was adopted on December 30, 1986
17    by the Village of Bellevue to create the Bellevue TIF
18    District 1.
19        (90) If the ordinance was adopted on December 13, 1993
20    by the Village of Crete.
21        (91) If the ordinance was adopted on February 12, 2001
22    by the Village of Crete.
23        (92) If the ordinance was adopted on April 23, 2001 by
24    the Village of Crete.
25        (93) If the ordinance was adopted on December 16, 1986
26    by the City of Champaign.

 

 

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1        (94) If the ordinance was adopted on December 20, 1986
2    by the City of Charleston.
3        (95) If the ordinance was adopted on June 6, 1989 by
4    the Village of Romeoville.
5        (96) If the ordinance was adopted on October 14, 1993
6    and amended on August 2, 2010 by the City of Venice.
7        (97) If the ordinance was adopted on June 1, 1994 by
8    the City of Markham.
9        (98) If the ordinance was adopted on May 19, 1998 by
10    the Village of Bensenville.
11        (99) If the ordinance was adopted on November 12, 1987
12    by the City of Dixon.
13        (100) If the ordinance was adopted on December 20,
14    1988 by the Village of Lansing.
15        (101) If the ordinance was adopted on October 27, 1998
16    by the City of Moline.
17        (102) If the ordinance was adopted on May 21, 1991 by
18    the Village of Glenwood.
19        (103) If the ordinance was adopted on January 28, 1992
20    by the City of East Peoria.
21        (104) If the ordinance was adopted on December 14,
22    1998 by the City of Carlyle.
23        (105) If the ordinance was adopted on May 17, 2000, as
24    subsequently amended, by the City of Chicago to create the
25    Midwest Redevelopment TIF District.
26        (106) If the ordinance was adopted on September 13,

 

 

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1    1989 by the City of Chicago to create the Michigan/Cermak
2    Area TIF District.
3        (107) If the ordinance was adopted on March 30, 1992
4    by the Village of Ohio.
5        (108) If the ordinance was adopted on July 6, 1998 by
6    the Village of Orangeville.
7        (109) If the ordinance was adopted on December 16,
8    1997 by the Village of Germantown.
9        (110) If the ordinance was adopted on April 28, 2003
10    by Gibson City.
11        (111) If the ordinance was adopted on December 18,
12    1990 by the Village of Washington Park, but only after the
13    Village of Washington Park becomes compliant with the
14    reporting requirements under subsection (d) of Section
15    11-74.4-5, and after the State Comptroller's certification
16    of such compliance.
17        (112) If the ordinance was adopted on February 28,
18    2000 by the City of Harvey.
19        (113) If the ordinance was adopted on January 11, 1991
20    by the City of Chicago to create the Read/Dunning TIF
21    District.
22        (114) If the ordinance was adopted on July 24, 1991 by
23    the City of Chicago to create the Sanitary and Ship Canal
24    TIF District.
25        (115) If the ordinance was adopted on December 4, 2007
26    by the City of Naperville.

 

 

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1        (116) If the ordinance was adopted on July 1, 2002 by
2    the Village of Arlington Heights.
3        (117) If the ordinance was adopted on February 11,
4    1991 by the Village of Machesney Park.
5        (118) If the ordinance was adopted on December 29,
6    1993 by the City of Ottawa.
7        (119) If the ordinance was adopted on June 4, 1991 by
8    the Village of Lansing.
9        (120) If the ordinance was adopted on February 10,
10    2004 by the Village of Fox Lake.
11        (121) If the ordinance was adopted on December 22,
12    1992 by the City of Fairfield.
13        (122) If the ordinance was adopted on February 10,
14    1992 by the City of Mt. Sterling.
15        (123) If the ordinance was adopted on March 15, 2004
16    by the City of Batavia.
17        (124) If the ordinance was adopted on March 18, 2002
18    by the Village of Lake Zurich.
19        (125) If the ordinance was adopted on September 23,
20    1997 by the City of Granite City.
21        (126) If the ordinance was adopted on May 8, 2013 by
22    the Village of Rosemont to create the Higgins Road/River
23    Road TIF District No. 6.
24        (127) If the ordinance was adopted on November 22,
25    1993 by the City of Arcola.
26        (128) If the ordinance was adopted on September 7,

 

 

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1    2004 by the City of Arcola.
2        (129) If the ordinance was adopted on November 29,
3    1999 by the City of Paris.
4        (130) If the ordinance was adopted on September 20,
5    1994 by the City of Ottawa to create the U.S. Route 6 East
6    Ottawa TIF.
7        (131) If the ordinance was adopted on May 2, 2002 by
8    the Village of Crestwood.
9        (132) If the ordinance was adopted on October 27, 1992
10    by the City of Blue Island.
11        (133) If the ordinance was adopted on December 23,
12    1993 by the City of Lacon.
13        (134) If the ordinance was adopted on May 4, 1998 by
14    the Village of Bradford.
15        (135) If the ordinance was adopted on June 11, 2002 by
16    the City of Oak Forest.
17        (136) If the ordinance was adopted on November 16,
18    1992 by the City of Pinckneyville.
19        (137) If the ordinance was adopted on March 1, 2001 by
20    the Village of South Jacksonville.
21        (138) If the ordinance was adopted on February 26,
22    1992 by the City of Chicago to create the Stockyards
23    Southeast Quadrant TIF District.
24        (139) If the ordinance was adopted on January 25, 1993
25    by the City of LaSalle.
26        (140) If the ordinance was adopted on December 23,

 

 

SB0658 Enrolled- 21 -LRB102 11452 AWJ 16786 b

1    1997 by the Village of Dieterich.
2        (141) If the ordinance was adopted on February 10,
3    2016 by the Village of Rosemont to create the
4    Balmoral/Pearl TIF No. 8 Tax Increment Financing
5    Redevelopment Project Area.
6        (142) If the ordinance was adopted on June 11, 2002 by
7    the City of Oak Forest.
8        (143) If the ordinance was adopted on January 31, 1995
9    by the Village of Milledgeville.
10        (144) If the ordinance was adopted on February 5, 1996
11    by the Village of Pearl City.
12        (145) If the ordinance was adopted on December 21,
13    1994 by the City of Calumet City.
14        (146) If the ordinance was adopted on May 5, 2003 by
15    the Town of Normal.
16        (147) If the ordinance was adopted on June 2, 1998 by
17    the City of Litchfield.
18        (148) If the ordinance was adopted on October 23, 1995
19    by the City of Marion.
20        (149) If the ordinance was adopted on May 24, 2001 by
21    the Village of Hanover Park.
22        (150) If the ordinance was adopted on May 30, 1995 by
23    the Village of Dalzell.
24        (151) If the ordinance was adopted on April 15, 1997
25    by the City of Edwardsville.
26        (152) If the ordinance was adopted on September 5,

 

 

SB0658 Enrolled- 22 -LRB102 11452 AWJ 16786 b

1    1995 by the City of Granite City.
2        (153) If the ordinance was adopted on June 21, 1999 by
3    the Village of Table Grove.
4        (154) If the ordinance was adopted on February 23,
5    1995 by the City of Springfield.
6        (155) If the ordinance was adopted on August 11, 1999
7    by the City of Monmouth.
8        (156) If the ordinance was adopted on December 26,
9    1995 by the Village of Posen.
10        (157) If the ordinance was adopted on July 1, 1995 by
11    the Village of Caseyville.
12        (158) If the ordinance was adopted on January 30, 1996
13    by the City of Madison.
14        (159) If the ordinance was adopted on February 2, 1996
15    by the Village of Hartford.
16        (160) If the ordinance was adopted on July 2, 1996 by
17    the Village of Manlius.
18        (161) If the ordinance was adopted on March 21, 2000
19    by the City of Hoopeston.
20        (162) If the ordinance was adopted on March 22, 2005
21    by the City of Hoopeston.
22        (163) If the ordinance was adopted on July 10, 1996 by
23    the City of Chicago to create the Goose Island TIF
24    District.
25        (164) If the ordinance was adopted on December 11,
26    1996 by the City of Chicago to create the Bryn

 

 

SB0658 Enrolled- 23 -LRB102 11452 AWJ 16786 b

1    Mawr/Broadway TIF District.
2        (165) If the ordinance was adopted on December 31,
3    1995 by the City of Chicago to create the 95th/Western TIF
4    District.
5        (166) If the ordinance was adopted on October 7, 1998
6    by the City of Chicago to create the 71st and Stony Island
7    TIF District.
8        (167) If the ordinance was adopted on April 19, 1995
9    by the Village of North Utica.
10        (168) If the ordinance was adopted on April 22, 1996
11    by the City of LaSalle.
12        (169) If the ordinance was adopted on June 9, 2008 by
13    the City of Country Club Hills.
14        (170) If the ordinance was adopted on July 3, 1996 by
15    the Village of Phoenix.
16        (171) If the ordinance was adopted on May 19, 1997 by
17    the Village of Swansea.
18        (172) If the ordinance was adopted on August 13, 2001
19    by the Village of Saunemin.
20        (173) If the ordinance was adopted on January 10, 2005
21    by the Village of Romeoville.
22        (174) If the ordinance was adopted on January 28, 1997
23    by the City of Berwyn for the South Berwyn Corridor Tax
24    Increment Financing District.
25        (175) If the ordinance was adopted on January 28, 1997
26    by the City of Berwyn for the Roosevelt Road Tax Increment

 

 

SB0658 Enrolled- 24 -LRB102 11452 AWJ 16786 b

1    Financing District.
2        (176) If the ordinance was adopted on May 3, 2001 by
3    the Village of Hanover Park for the Village Center Tax
4    Increment Financing Redevelopment Project Area (TIF # 3).
5        (177) If the ordinance was adopted on January 1, 1996
6    by the City of Savanna.
7        (178) If the ordinance was adopted on January 28, 2002
8    by the Village of Okawville.
9        (179) If the ordinance was adopted on October 4, 1999
10    by the City of Vandalia.
11        (180) If the ordinance was adopted on June 16, 2003 by
12    the City of Rushville.
13        (181) If the ordinance was adopted on December 7, 1998
14    by the City of Quincy for the Central Business District
15    West Tax Increment Redevelopment Project Area.
16        (182) If the ordinance was adopted on March 27, 1997
17    by the Village of Maywood approving the Roosevelt Road TIF
18    District.
19        (183) If the ordinance was adopted on March 27, 1997
20    by the Village of Maywood approving the Madison
21    Street/Fifth Avenue TIF District.
22        (184) If the ordinance was adopted on November 10,
23    1997 by the Village of Park Forest.
24        (185) If the ordinance was adopted on July 30, 1997 by
25    the City of Chicago to create the Near North TIF district.
26        (186) If the ordinance was adopted on December 1, 2000

 

 

SB0658 Enrolled- 25 -LRB102 11452 AWJ 16786 b

1    by the Village of Mahomet.
2        (187) If the ordinance was adopted on June 16, 1999 by
3    the Village of Washburn.
4        (188) If the ordinance was adopted on August 19, 1998
5    by the Village of New Berlin.
6        (189) If the ordinance was adopted on February 5, 2002
7    by the City of Highwood.
8        (190) If the ordinance was adopted on June 1, 1997 by
9    the City of Flora.
10        (191) If the ordinance was adopted on August 17, 1999
11    by the City of Ottawa.
12        (192) If the ordinance was adopted on June 13, 2005 by
13    the City of Mount Carroll.
14        (193) If the ordinance was adopted on March 25, 2008
15    by the Village of Elizabeth.
16        (194) If the ordinance was adopted on February 22,
17    2000 by the City of Mount Pulaski.
18        (195) If the ordinance was adopted on November 21,
19    2000 by the City of Effingham.
20        (196) If the ordinance was adopted on January 28, 2003
21    by the City of Effingham.
22        (197) If the ordinance was adopted on February 4, 2008
23    by the City of Polo.
24        (198) If the ordinance was adopted on August 17, 2005
25    by the Village of Bellwood to create the Park Place TIF.
26        (199) If the ordinance was adopted on July 16, 2014 by

 

 

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1    the Village of Bellwood to create the North-2014 TIF.
2        (200) If the ordinance was adopted on July 16, 2014 by
3    the Village of Bellwood to create the South-2014 TIF.
4        (201) If the ordinance was adopted on July 16, 2014 by
5    the Village of Bellwood to create the Central Metro-2014
6    TIF.
7        (202) If the ordinance was adopted on September 17,
8    2014 by the Village of Bellwood to create the Addison
9    Creek "A" (Southwest)-2014 TIF.
10        (203) If the ordinance was adopted on September 17,
11    2014 by the Village of Bellwood to create the Addison
12    Creek "B" (Northwest)-2014 TIF.
13        (204) If the ordinance was adopted on September 17,
14    2014 by the Village of Bellwood to create the Addison
15    Creek "C" (Northeast)-2014 TIF.
16        (205) If the ordinance was adopted on September 17,
17    2014 by the Village of Bellwood to create the Addison
18    Creek "D" (Southeast)-2014 TIF.
19        (206) If the ordinance was adopted on June 26, 2007 by
20    the City of Peoria.
21        (207) If the ordinance was adopted on October 28, 2008
22    by the City of Peoria.
23        (208) If the ordinance was adopted on April 4, 2000 by
24    the City of Joliet to create the Joliet City Center TIF
25    District.
26        (209) If the ordinance was adopted on July 8, 1998 by

 

 

SB0658 Enrolled- 27 -LRB102 11452 AWJ 16786 b

1    the City of Chicago to create the 43rd/Cottage Grove TIF
2    district.
3        (210) If the ordinance was adopted on July 8, 1998 by
4    the City of Chicago to create the 79th Street Corridor TIF
5    district.
6        (211) If the ordinance was adopted on November 4, 1998
7    by the City of Chicago to create the Bronzeville TIF
8    district.
9        (212) If the ordinance was adopted on February 5, 1998
10    by the City of Chicago to create the Homan/Arthington TIF
11    district.
12        (213) If the ordinance was adopted on December 8, 1998
13    by the Village of Plainfield.
14        (214) If the ordinance was adopted on July 17, 2000 by
15    the Village of Homer.
16        (215) If the ordinance was adopted on December 27,
17    2006 by the City of Greenville.
18        (216) If the ordinance was adopted on June 10, 1998 by
19    the City of Chicago to create the Kinzie Industrial TIF
20    district.
21        (217) If the ordinance was adopted on December 2, 1998
22    by the City of Chicago to create the Northwest Industrial
23    TIF district.
24        (218) If the ordinance was adopted on June 10, 1998 by
25    the City of Chicago to create the Pilsen Industrial TIF
26    district.

 

 

SB0658 Enrolled- 28 -LRB102 11452 AWJ 16786 b

1        (219) If the ordinance was adopted on January 14, 1997
2    by the City of Chicago to create the 35th/Halsted TIF
3    district.
4        (220) If the ordinance was adopted on June 9, 1999 by
5    the City of Chicago to create the Pulaski Corridor TIF
6    district.
7        (221) If the ordinance was adopted on December 16,
8    1997 by the City of Springfield to create the Enos Park
9    Neighborhood TIF District.
10        (222) If the ordinance was adopted on February 5, 1998
11    by the City of Chicago to create the Roosevelt/Cicero
12    redevelopment project area.
13        (223) If the ordinance was adopted on February 5, 1998
14    by the City of Chicago to create the Western/Ogden
15    redevelopment project area.
16        (224) If the ordinance was adopted on July 21, 1999 by
17    the City of Chicago to create the 24th/Michigan Avenue
18    redevelopment project area.
19        (225) If the ordinance was adopted on January 20, 1999
20    by the City of Chicago to create the Woodlawn
21    redevelopment project area.
22        (226) If the ordinance was adopted on July 7, 1999 by
23    the City of Chicago to create the Clark/Montrose
24    redevelopment project area.
25        (227) If the ordinance was adopted on November 4, 2003
26    by the City of Madison to create the Rivers Edge

 

 

SB0658 Enrolled- 29 -LRB102 11452 AWJ 16786 b

1    redevelopment project area.
2        (228) If the ordinance was adopted on August 12, 2003
3    by the City of Madison to create the Caine Street
4    redevelopment project area.
5        (229) If the ordinance was adopted on March 7, 2000 by
6    the City of Madison to create the East Madison TIF.
7        (230) If the ordinance was adopted on August 3, 2001
8    by the Village of Aviston.
9        (231) If the ordinance was adopted on August 22, 2011
10    by the Village of Warren.
11        (232) If the ordinance was adopted on April 8, 1999 by
12    the City of Farmer City.
13        (233) If the ordinance was adopted on August 4, 1999
14    by the Village of Fairmont City.
15        (234) If the ordinance was adopted on October 2, 1999
16    by the Village of Fairmont City.
17        (235) If the ordinance was adopted December 16, 1999
18    by the City of Springfield.
19    (d) For redevelopment project areas for which bonds were
20issued before July 29, 1991, or for which contracts were
21entered into before June 1, 1988, in connection with a
22redevelopment project in the area within the State Sales Tax
23Boundary, the estimated dates of completion of the
24redevelopment project and retirement of obligations to finance
25redevelopment project costs (including refunding bonds under
26Section 11-74.4-7) may be extended by municipal ordinance to

 

 

SB0658 Enrolled- 30 -LRB102 11452 AWJ 16786 b

1December 31, 2013. The termination procedures of subsection
2(b) of Section 11-74.4-8 are not required for these
3redevelopment project areas in 2009 but are required in 2013.
4The extension allowed by Public Act 87-1272 shall not apply to
5real property tax increment allocation financing under Section
611-74.4-8.
7    (e) Those dates, for purposes of real property tax
8increment allocation financing pursuant to Section 11-74.4-8
9only, shall be not more than 35 years for redevelopment
10project areas that were adopted on or after December 16, 1986
11and for which at least $8 million worth of municipal bonds were
12authorized on or after December 19, 1989 but before January 1,
131990; provided that the municipality elects to extend the life
14of the redevelopment project area to 35 years by the adoption
15of an ordinance after at least 14 but not more than 30 days'
16written notice to the taxing bodies, that would otherwise
17constitute the joint review board for the redevelopment
18project area, before the adoption of the ordinance.
19    (f) Those dates, for purposes of real property tax
20increment allocation financing pursuant to Section 11-74.4-8
21only, shall be not more than 35 years for redevelopment
22project areas that were established on or after December 1,
231981 but before January 1, 1982 and for which at least
24$1,500,000 worth of tax increment revenue bonds were
25authorized on or after September 30, 1990 but before July 1,
261991; provided that the municipality elects to extend the life

 

 

SB0658 Enrolled- 31 -LRB102 11452 AWJ 16786 b

1of the redevelopment project area to 35 years by the adoption
2of an ordinance after at least 14 but not more than 30 days'
3written notice to the taxing bodies, that would otherwise
4constitute the joint review board for the redevelopment
5project area, before the adoption of the ordinance.
6    (f-1) (Blank).
7    (f-2) (Blank).
8    (f-3) (Blank).
9    (f-5) Those dates, for purposes of real property tax
10increment allocation financing pursuant to Section 11-74.4-8
11only, shall be not more than 47 years for redevelopment
12project areas listed in this subsection; provided that (i) the
13municipality adopts an ordinance extending the life of the
14redevelopment project area to 47 years and (ii) the
15municipality provides notice to the taxing bodies that would
16otherwise constitute the joint review board for the
17redevelopment project area not more than 30 and not less than
1814 days prior to the adoption of that ordinance:
19        (1) If the redevelopment project area was established
20    on December 29, 1981 by the City of Springfield.
21        (2) If the redevelopment project area was established
22    on December 29, 1986 by the City of Morris and that is
23    known as the Morris TIF District 1.
24        (3) If the redevelopment project area was established
25    on December 31, 1986 by the Village of Cahokia.
26        (4) If the redevelopment project area was established

 

 

SB0658 Enrolled- 32 -LRB102 11452 AWJ 16786 b

1    on December 20, 1986 by the City of Charleston.
2        (5) If the redevelopment project area was established
3    on December 23, 1986 by the City of Beardstown.
4        (6) If the redevelopment project area was established
5    on December 23, 1986 by the Town of Cicero.
6        (7) If the redevelopment project area was established
7    on December 29, 1986 by the City of East St. Louis.
8        (8) If the redevelopment project area was established
9    on January 23, 1991 by the City of East St. Louis.
10        (9) If the redevelopment project area was established
11    on December 29, 1986 by the Village of Gardner.
12        (10) If the redevelopment project area was established
13    on June 11, 2002 by the City of East Peoria to create the
14    West Washington Street TIF.
15        (11) If the redevelopment project area was established
16    on December 22, 1986 by the City of Washington creating
17    the Washington Square TIF #2.
18        (12) If the redevelopment project area was established
19    on November 11, 1986 by the City of Pekin.
20        (13) If the redevelopment project area was established
21    on December 30, 1986 by the City of Belleville.
22        (14) If the ordinance was adopted on April 3, 1989 by
23    the City of Chicago Heights.
24    (g) In consolidating the material relating to completion
25dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
26it is not the intent of the General Assembly to make any

 

 

SB0658 Enrolled- 33 -LRB102 11452 AWJ 16786 b

1substantive change in the law, except for the extension of the
2completion dates for the City of Aurora, the Village of Milan,
3the City of West Frankfort, the Village of Libertyville, and
4the Village of Hoffman Estates set forth under items (67),
5(68), (69), (70), and (71) of subsection (c) of this Section.
6(Source: P.A. 101-274, eff. 8-9-19; 101-618, eff. 12-20-19;
7101-647, eff. 6-26-20; 101-662, eff. 4-2-21; 102-117, eff.
87-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21;
9102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff.
108-27-21; 102-675, eff. 11-30-21.)
 
11    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
12    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
13project areas. The changes made by this amendatory Act of the
1491st General Assembly do not apply to a municipality that, (i)
15before the effective date of this amendatory Act of the 91st
16General Assembly, has adopted an ordinance or resolution
17fixing a time and place for a public hearing under Section
1811-74.4-5 or (ii) before July 1, 1999, has adopted an
19ordinance or resolution providing for a feasibility study
20under Section 11-74.4-4.1, but has not yet adopted an
21ordinance approving redevelopment plans and redevelopment
22projects or designating redevelopment project areas under this
23Section, until after that municipality adopts an ordinance
24approving redevelopment plans and redevelopment projects or
25designating redevelopment project areas under this Section;

 

 

SB0658 Enrolled- 34 -LRB102 11452 AWJ 16786 b

1thereafter the changes made by this amendatory Act of the 91st
2General Assembly apply to the same extent that they apply to
3redevelopment plans and redevelopment projects that were
4approved and redevelopment projects that were designated
5before the effective date of this amendatory Act of the 91st
6General Assembly.
7    A municipality may:
8        (a) By ordinance introduced in the governing body of
9    the municipality within 14 to 90 days from the completion
10    of the hearing specified in Section 11-74.4-5 approve
11    redevelopment plans and redevelopment projects, and
12    designate redevelopment project areas pursuant to notice
13    and hearing required by this Act. No redevelopment project
14    area shall be designated unless a plan and project are
15    approved prior to the designation of such area and such
16    area shall include only those contiguous parcels of real
17    property and improvements thereon substantially benefited
18    by the proposed redevelopment project improvements. Upon
19    adoption of the ordinances, the municipality shall
20    forthwith transmit to the county clerk of the county or
21    counties within which the redevelopment project area is
22    located a certified copy of the ordinances, a legal
23    description of the redevelopment project area, a map of
24    the redevelopment project area, identification of the year
25    that the county clerk shall use for determining the total
26    initial equalized assessed value of the redevelopment

 

 

SB0658 Enrolled- 35 -LRB102 11452 AWJ 16786 b

1    project area consistent with subsection (a) of Section
2    11-74.4-9, and a list of the parcel or tax identification
3    number of each parcel of property included in the
4    redevelopment project area. For purposes of this Division,
5    parcels are contiguous if they touch or join one another
6    in a reasonably substantial physical sense or if they meet
7    the criteria for annexation to a municipality under
8    Section 7-1-1 of this Code.
9        The changes made by this amendatory Act of the 102nd
10    General Assembly, are declarative of existing law and
11    shall be applied retroactively when substantively
12    applicable, including all pending actions without regard
13    to when the cause of action accrued; however, this
14    amendatory Act of the 102nd General Assembly does not
15    affect the rights of any party that is subject to a final
16    judgment entered pursuant to the opinion of the September
17    23, 2021 Illinois Supreme Court in Board of Education of
18    Richland School District 88A v. City of Crest Hill, 2021
19    IL 126444.
20        (b) Make and enter into all contracts with property
21    owners, developers, tenants, overlapping taxing bodies,
22    and others necessary or incidental to the implementation
23    and furtherance of its redevelopment plan and project.
24    Contract provisions concerning loan repayment obligations
25    in contracts entered into on or after the effective date
26    of this amendatory Act of the 93rd General Assembly shall

 

 

SB0658 Enrolled- 36 -LRB102 11452 AWJ 16786 b

1    terminate no later than the last to occur of the estimated
2    dates of completion of the redevelopment project and
3    retirement of the obligations issued to finance
4    redevelopment project costs as required by item (3) of
5    subsection (n) of Section 11-74.4-3. Payments received
6    under contracts entered into by the municipality prior to
7    the effective date of this amendatory Act of the 93rd
8    General Assembly that are received after the redevelopment
9    project area has been terminated by municipal ordinance
10    shall be deposited into a special fund of the municipality
11    to be used for other community redevelopment needs within
12    the redevelopment project area.
13        (c) Within a redevelopment project area, acquire by
14    purchase, donation, lease or eminent domain; own, convey,
15    lease, mortgage or dispose of land and other property,
16    real or personal, or rights or interests therein, and
17    grant or acquire licenses, easements and options with
18    respect thereto, all in the manner and at such price the
19    municipality determines is reasonably necessary to achieve
20    the objectives of the redevelopment plan and project. No
21    conveyance, lease, mortgage, disposition of land or other
22    property owned by a municipality, or agreement relating to
23    the development of such municipal property shall be made
24    except upon the adoption of an ordinance by the corporate
25    authorities of the municipality. Furthermore, no
26    conveyance, lease, mortgage, or other disposition of land

 

 

SB0658 Enrolled- 37 -LRB102 11452 AWJ 16786 b

1    owned by a municipality or agreement relating to the
2    development of such municipal property shall be made
3    without making public disclosure of the terms of the
4    disposition and all bids and proposals made in response to
5    the municipality's request. The procedures for obtaining
6    such bids and proposals shall provide reasonable
7    opportunity for any person to submit alternative proposals
8    or bids.
9        (d) Within a redevelopment project area, clear any
10    area by demolition or removal of any existing buildings
11    and structures.
12        (e) Within a redevelopment project area, renovate or
13    rehabilitate or construct any structure or building, as
14    permitted under this Act.
15        (f) Install, repair, construct, reconstruct or
16    relocate streets, utilities and site improvements
17    essential to the preparation of the redevelopment area for
18    use in accordance with a redevelopment plan.
19        (g) Within a redevelopment project area, fix, charge
20    and collect fees, rents and charges for the use of any
21    building or property owned or leased by it or any part
22    thereof, or facility therein.
23        (h) Accept grants, guarantees and donations of
24    property, labor, or other things of value from a public or
25    private source for use within a project redevelopment
26    area.

 

 

SB0658 Enrolled- 38 -LRB102 11452 AWJ 16786 b

1        (i) Acquire and construct public facilities within a
2    redevelopment project area, as permitted under this Act.
3        (j) Incur project redevelopment costs and reimburse
4    developers who incur redevelopment project costs
5    authorized by a redevelopment agreement; provided,
6    however, that on and after the effective date of this
7    amendatory Act of the 91st General Assembly, no
8    municipality shall incur redevelopment project costs
9    (except for planning costs and any other eligible costs
10    authorized by municipal ordinance or resolution that are
11    subsequently included in the redevelopment plan for the
12    area and are incurred by the municipality after the
13    ordinance or resolution is adopted) that are not
14    consistent with the program for accomplishing the
15    objectives of the redevelopment plan as included in that
16    plan and approved by the municipality until the
17    municipality has amended the redevelopment plan as
18    provided elsewhere in this Act.
19        (k) Create a commission of not less than 5 or more than
20    15 persons to be appointed by the mayor or president of the
21    municipality with the consent of the majority of the
22    governing board of the municipality. Members of a
23    commission appointed after the effective date of this
24    amendatory Act of 1987 shall be appointed for initial
25    terms of 1, 2, 3, 4 and 5 years, respectively, in such
26    numbers as to provide that the terms of not more than 1/3

 

 

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1    of all such members shall expire in any one year. Their
2    successors shall be appointed for a term of 5 years. The
3    commission, subject to approval of the corporate
4    authorities may exercise the powers enumerated in this
5    Section. The commission shall also have the power to hold
6    the public hearings required by this division and make
7    recommendations to the corporate authorities concerning
8    the adoption of redevelopment plans, redevelopment
9    projects and designation of redevelopment project areas.
10        (l) Make payment in lieu of taxes or a portion thereof
11    to taxing districts. If payments in lieu of taxes or a
12    portion thereof are made to taxing districts, those
13    payments shall be made to all districts within a project
14    redevelopment area on a basis which is proportional to the
15    current collections of revenue which each taxing district
16    receives from real property in the redevelopment project
17    area.
18        (m) Exercise any and all other powers necessary to
19    effectuate the purposes of this Act.
20        (n) If any member of the corporate authority, a member
21    of a commission established pursuant to Section
22    11-74.4-4(k) of this Act, or an employee or consultant of
23    the municipality involved in the planning and preparation
24    of a redevelopment plan, or project for a redevelopment
25    project area or proposed redevelopment project area, as
26    defined in Sections 11-74.4-3(i) through (k) of this Act,

 

 

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1    owns or controls an interest, direct or indirect, in any
2    property included in any redevelopment area, or proposed
3    redevelopment area, he or she shall disclose the same in
4    writing to the clerk of the municipality, and shall also
5    so disclose the dates and terms and conditions of any
6    disposition of any such interest, which disclosures shall
7    be acknowledged by the corporate authorities and entered
8    upon the minute books of the corporate authorities. If an
9    individual holds such an interest then that individual
10    shall refrain from any further official involvement in
11    regard to such redevelopment plan, project or area, from
12    voting on any matter pertaining to such redevelopment
13    plan, project or area, or communicating with other members
14    concerning corporate authorities, commission or employees
15    concerning any matter pertaining to said redevelopment
16    plan, project or area. Furthermore, no such member or
17    employee shall acquire of any interest direct, or
18    indirect, in any property in a redevelopment area or
19    proposed redevelopment area after either (a) such
20    individual obtains knowledge of such plan, project or area
21    or (b) first public notice of such plan, project or area
22    pursuant to Section 11-74.4-6 of this Division, whichever
23    occurs first. For the purposes of this subsection, a
24    property interest acquired in a single parcel of property
25    by a member of the corporate authority, which property is
26    used exclusively as the member's primary residence, shall

 

 

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1    not be deemed to constitute an interest in any property
2    included in a redevelopment area or proposed redevelopment
3    area that was established before December 31, 1989, but
4    the member must disclose the acquisition to the municipal
5    clerk under the provisions of this subsection. A single
6    property interest acquired within one year after the
7    effective date of this amendatory Act of the 94th General
8    Assembly or 2 years after the effective date of this
9    amendatory Act of the 95th General Assembly by a member of
10    the corporate authority does not constitute an interest in
11    any property included in any redevelopment area or
12    proposed redevelopment area, regardless of when the
13    redevelopment area was established, if (i) the property is
14    used exclusively as the member's primary residence, (ii)
15    the member discloses the acquisition to the municipal
16    clerk under the provisions of this subsection, (iii) the
17    acquisition is for fair market value, (iv) the member
18    acquires the property as a result of the property being
19    publicly advertised for sale, and (v) the member refrains
20    from voting on, and communicating with other members
21    concerning, any matter when the benefits to the
22    redevelopment project or area would be significantly
23    greater than the benefits to the municipality as a whole.
24    For the purposes of this subsection, a month-to-month
25    leasehold interest in a single parcel of property by a
26    member of the corporate authority shall not be deemed to

 

 

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1    constitute an interest in any property included in any
2    redevelopment area or proposed redevelopment area, but the
3    member must disclose the interest to the municipal clerk
4    under the provisions of this subsection.
5        (o) Create a Tax Increment Economic Development
6    Advisory Committee to be appointed by the Mayor or
7    President of the municipality with the consent of the
8    majority of the governing board of the municipality, the
9    members of which Committee shall be appointed for initial
10    terms of 1, 2, 3, 4 and 5 years respectively, in such
11    numbers as to provide that the terms of not more than 1/3
12    of all such members shall expire in any one year. Their
13    successors shall be appointed for a term of 5 years. The
14    Committee shall have none of the powers enumerated in this
15    Section. The Committee shall serve in an advisory capacity
16    only. The Committee may advise the governing Board of the
17    municipality and other municipal officials regarding
18    development issues and opportunities within the
19    redevelopment project area or the area within the State
20    Sales Tax Boundary. The Committee may also promote and
21    publicize development opportunities in the redevelopment
22    project area or the area within the State Sales Tax
23    Boundary.
24        (p) Municipalities may jointly undertake and perform
25    redevelopment plans and projects and utilize the
26    provisions of the Act wherever they have contiguous

 

 

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1    redevelopment project areas or they determine to adopt tax
2    increment financing with respect to a redevelopment
3    project area which includes contiguous real property
4    within the boundaries of the municipalities, and in doing
5    so, they may, by agreement between municipalities, issue
6    obligations, separately or jointly, and expend revenues
7    received under the Act for eligible expenses anywhere
8    within contiguous redevelopment project areas or as
9    otherwise permitted in the Act. With respect to
10    redevelopment project areas that are established within a
11    transit facility improvement area, the provisions of this
12    subsection apply only with respect to such redevelopment
13    project areas that are contiguous to each other.
14        (q) Utilize revenues, other than State sales tax
15    increment revenues, received under this Act from one
16    redevelopment project area for eligible costs in another
17    redevelopment project area that is:
18            (i) contiguous to the redevelopment project area
19        from which the revenues are received;
20            (ii) separated only by a public right of way from
21        the redevelopment project area from which the revenues
22        are received; or
23            (iii) separated only by forest preserve property
24        from the redevelopment project area from which the
25        revenues are received if the closest boundaries of the
26        redevelopment project areas that are separated by the

 

 

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1        forest preserve property are less than one mile apart.
2        Utilize tax increment revenues for eligible costs that
3    are received from a redevelopment project area created
4    under the Industrial Jobs Recovery Law that is either
5    contiguous to, or is separated only by a public right of
6    way from, the redevelopment project area created under
7    this Act which initially receives these revenues. Utilize
8    revenues, other than State sales tax increment revenues,
9    by transferring or loaning such revenues to a
10    redevelopment project area created under the Industrial
11    Jobs Recovery Law that is either contiguous to, or
12    separated only by a public right of way from the
13    redevelopment project area that initially produced and
14    received those revenues; and, if the redevelopment project
15    area (i) was established before the effective date of this
16    amendatory Act of the 91st General Assembly and (ii) is
17    located within a municipality with a population of more
18    than 100,000, utilize revenues or proceeds of obligations
19    authorized by Section 11-74.4-7 of this Act, other than
20    use or occupation tax revenues, to pay for any
21    redevelopment project costs as defined by subsection (q)
22    of Section 11-74.4-3 to the extent that the redevelopment
23    project costs involve public property that is either
24    contiguous to, or separated only by a public right of way
25    from, a redevelopment project area whether or not
26    redevelopment project costs or the source of payment for

 

 

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1    the costs are specifically set forth in the redevelopment
2    plan for the redevelopment project area.
3        (r) If no redevelopment project has been initiated in
4    a redevelopment project area within 7 years after the area
5    was designated by ordinance under subsection (a), the
6    municipality shall adopt an ordinance repealing the area's
7    designation as a redevelopment project area; provided,
8    however, that if an area received its designation more
9    than 3 years before the effective date of this amendatory
10    Act of 1994 and no redevelopment project has been
11    initiated within 4 years after the effective date of this
12    amendatory Act of 1994, the municipality shall adopt an
13    ordinance repealing its designation as a redevelopment
14    project area. Initiation of a redevelopment project shall
15    be evidenced by either a signed redevelopment agreement or
16    expenditures on eligible redevelopment project costs
17    associated with a redevelopment project.
18        Notwithstanding any other provision of this Section to
19    the contrary, with respect to a redevelopment project area
20    designated by an ordinance that was adopted on July 29,
21    1998 by the City of Chicago, the City of Chicago shall
22    adopt an ordinance repealing the area's designation as a
23    redevelopment project area if no redevelopment project has
24    been initiated in the redevelopment project area within 15
25    years after the designation of the area. The City of
26    Chicago may retroactively repeal any ordinance adopted by

 

 

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1    the City of Chicago, pursuant to this subsection (r), that
2    repealed the designation of a redevelopment project area
3    designated by an ordinance that was adopted by the City of
4    Chicago on July 29, 1998. The City of Chicago has 90 days
5    after the effective date of this amendatory Act to repeal
6    the ordinance. The changes to this Section made by this
7    amendatory Act of the 96th General Assembly apply
8    retroactively to July 27, 2005.
9        (s) The various powers and duties described in this
10    Section that apply to a redevelopment project area shall
11    also apply to a transit facility improvement area
12    established prior to, on, or after the effective date of
13    this amendatory Act of the 102nd General Assembly.
14(Source: P.A. 102-627, eff. 8-27-21.)
 
15    (65 ILCS 5/11-74.6-10)
16    Sec. 11-74.6-10. Definitions.
17    (a) "Environmentally contaminated area" means any improved
18or vacant area within the boundaries of a redevelopment
19project area located within the corporate limits of a
20municipality when, (i) there has been a determination of
21release or substantial threat of release of a hazardous
22substance or pesticide, by the United States Environmental
23Protection Agency or the Illinois Environmental Protection
24Agency, or the Illinois Pollution Control Board, or any court,
25or a release or substantial threat of release which is

 

 

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1addressed as part of the Pre-Notice Site Cleanup Program under
2Section 22.2(m) of the Illinois Environmental Protection Act,
3or a release or substantial threat of release of petroleum
4under Section 22.12 of the Illinois Environmental Protection
5Act, and (ii) which release or threat of release presents an
6imminent and substantial danger to public health or welfare or
7presents a significant threat to public health or the
8environment, and (iii) which release or threat of release
9would have a significant impact on the cost of redeveloping
10the area.
11    (b) "Department" means the Department of Commerce and
12Economic Opportunity.
13    (c) "Industrial park" means an area in a redevelopment
14project area suitable for use by any manufacturing,
15industrial, research, or transportation enterprise, of
16facilities, including but not limited to factories, mills,
17processing plants, assembly plants, packing plants,
18fabricating plants, distribution centers, warehouses, repair
19overhaul or service facilities, freight terminals, research
20facilities, test facilities or railroad facilities. An
21industrial park may contain space for commercial and other use
22as long as the expected principal use of the park is industrial
23and is reasonably expected to result in the creation of a
24significant number of new permanent full time jobs. An
25industrial park may also contain related operations and
26facilities including, but not limited to, business and office

 

 

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1support services such as centralized computers,
2telecommunications, publishing, accounting, photocopying and
3similar activities and employee services such as child care,
4health care, food service and similar activities. An
5industrial park may also include demonstration projects,
6prototype development, specialized training on developing
7technology, and pure research in any field related or
8adaptable to business and industry.
9    (d) "Research park" means an area in a redevelopment
10project area suitable for development of a facility or complex
11that includes research laboratories and related operations.
12These related operations may include, but are not limited to,
13business and office support services such as centralized
14computers, telecommunications, publishing, accounting,
15photocopying and similar activities, and employee services
16such as child care, health care, food service and similar
17activities. A research park may include demonstration
18projects, prototype development, specialized training on
19developing technology, and pure research in any field related
20or adaptable to business and industry.
21    (e) "Industrial park conservation area" means an area
22within the boundaries of a redevelopment project area located
23within the corporate limits of a municipality or within 1 1/2
24miles of the corporate limits of a municipality if the area is
25to be annexed to the municipality, if the area is zoned as
26industrial no later than the date on which the municipality by

 

 

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1ordinance designates the redevelopment project area, and if
2the area includes improved or vacant land suitable for use as
3an industrial park or a research park, or both. To be
4designated as an industrial park conservation area, the area
5shall also satisfy one of the following standards:
6        (1) Standard One: The municipality must be a labor
7    surplus municipality and the area must be served by
8    adequate public and or road transportation for access by
9    the unemployed and for the movement of goods or materials
10    and the redevelopment project area shall contain no more
11    than 2% of the most recently ascertained equalized
12    assessed value of all taxable real properties within the
13    corporate limits of the municipality after adjustment for
14    all annexations associated with the establishment of the
15    redevelopment project area or be located in the vicinity
16    of a waste disposal site or other waste facility. The
17    project plan shall include a plan for and shall establish
18    a marketing program to attract appropriate businesses to
19    the proposed industrial park conservation area and shall
20    include an adequate plan for financing and construction of
21    the necessary infrastructure. No redevelopment projects
22    may be authorized by the municipality under Standard One
23    of subsection (e) of this Section unless the project plan
24    also provides for an employment training project that
25    would prepare unemployed workers for work in the
26    industrial park conservation area, and the project has

 

 

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1    been approved by official action of or is to be operated by
2    the local community college district, public school
3    district or state or locally designated private industry
4    council or successor agency, or
5        (2) Standard Two: The municipality must be a
6    substantial labor surplus municipality and the area must
7    be served by adequate public and or road transportation
8    for access by the unemployed and for the movement of goods
9    or materials and the redevelopment project area shall
10    contain no more than 2% of the most recently ascertained
11    equalized assessed value of all taxable real properties
12    within the corporate limits of the municipality after
13    adjustment for all annexations associated with the
14    establishment of the redevelopment project area. No
15    redevelopment projects may be authorized by the
16    municipality under Standard Two of subsection (e) of this
17    Section unless the project plan also provides for an
18    employment training project that would prepare unemployed
19    workers for work in the industrial park conservation area,
20    and the project has been approved by official action of or
21    is to be operated by the local community college district,
22    public school district or state or locally designated
23    private industry council or successor agency.
24    (f) "Vacant industrial buildings conservation area" means
25an area containing one or more industrial buildings located
26within the corporate limits of the municipality that has been

 

 

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1zoned industrial for at least 5 years before the designation
2of that area as a redevelopment project area by the
3municipality and is planned for reuse principally for
4industrial purposes. For the area to be designated as a vacant
5industrial buildings conservation area, the area shall also
6satisfy one of the following standards:
7        (1) Standard One: The area shall consist of one or
8    more industrial buildings totaling at least 50,000 net
9    square feet of industrial space, with a majority of the
10    total area of all the buildings having been vacant for at
11    least 18 months; and (A) the area is located in a labor
12    surplus municipality or a substantial labor surplus
13    municipality, or (B) the equalized assessed value of the
14    properties within the area during the last 2 years is at
15    least 25% lower than the maximum equalized assessed value
16    of those properties during the immediately preceding 10
17    years.
18        (2) Standard Two: The area exclusively consists of
19    industrial buildings or a building complex operated by a
20    user or related users (A) that has within the immediately
21    preceding 5 years either (i) employed 200 or more
22    employees at that location, or (ii) if the area is located
23    in a municipality with a population of 12,000 or less,
24    employed more than 50 employees at that location and (B)
25    either is currently vacant, or the owner has: (i) directly
26    notified the municipality of the user's intention to

 

 

SB0658 Enrolled- 52 -LRB102 11452 AWJ 16786 b

1    terminate operations at the facility or (ii) filed a
2    notice of closure under the Worker Adjustment and
3    Retraining Notification Act.
4    (g) "Labor surplus municipality" means a municipality in
5which, during the 4 calendar years immediately preceding the
6date the municipality by ordinance designates an industrial
7park conservation area, the average unemployment rate was 1%
8or more over the State average unemployment rate for that same
9period of time as published in the United States Department of
10Labor Bureau of Labor Statistics publication entitled "The
11Employment Situation" or its successor publication. For the
12purpose of this subsection (g), if unemployment rate
13statistics for the municipality are not available, the
14unemployment rate in the municipality shall be deemed to be:
15(i) for a municipality that is not in an urban county, the same
16as the unemployment rate in the principal county where the
17municipality is located or (ii) for a municipality in an urban
18county at that municipality's option, either the unemployment
19rate certified for the municipality by the Department after
20consultation with the Illinois Department of Labor or the
21federal Bureau of Labor Statistics, or the unemployment rate
22of the municipality as determined by the most recent federal
23census if that census was not dated more than 5 years prior to
24the date on which the determination is made.
25    (h) "Substantial labor surplus municipality" means a
26municipality in which, during the 5 calendar years immediately

 

 

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1preceding the date the municipality by ordinance designates an
2industrial park conservation area, the average unemployment
3rate was 2% or more over the State average unemployment rate
4for that same period of time as published in the United States
5Department of Labor Statistics publication entitled "The
6Employment Situation" or its successor publication. For the
7purpose of this subsection (h), if unemployment rate
8statistics for the municipality are not available, the
9unemployment rate in the municipality shall be deemed to be:
10(i) for a municipality that is not in an urban county, the same
11as the unemployment rate in the principal county in which the
12municipality is located; or (ii) for a municipality in an
13urban county, at that municipality's option, either the
14unemployment rate certified for the municipality by the
15Department after consultation with the Illinois Department of
16Labor or the federal Bureau of Labor Statistics, or the
17unemployment rate of the municipality as determined by the
18most recent federal census if that census was not dated more
19than 5 years prior to the date on which the determination is
20made.
21    (i) "Municipality" means a city, village or incorporated
22town.
23    (j) "Obligations" means bonds, loans, debentures, notes,
24special certificates or other evidence of indebtedness issued
25by the municipality to carry out a redevelopment project or to
26refund outstanding obligations.

 

 

SB0658 Enrolled- 54 -LRB102 11452 AWJ 16786 b

1    (k) "Payment in lieu of taxes" means those estimated tax
2revenues from real property in a redevelopment project area
3derived from real property that has been acquired by a
4municipality, which according to the redevelopment project or
5plan are to be used for a private use, that taxing districts
6would have received had a municipality not acquired the real
7property and adopted tax increment allocation financing and
8that would result from levies made after the time of the
9adoption of tax increment allocation financing until the time
10the current equalized assessed value of real property in the
11redevelopment project area exceeds the total initial equalized
12assessed value of real property in that area.
13    (l) "Redevelopment plan" means the comprehensive program
14of the municipality for development or redevelopment intended
15by the payment of redevelopment project costs to reduce or
16eliminate the conditions that qualified the redevelopment
17project area or redevelopment planning area, or both, as an
18environmentally contaminated area or industrial park
19conservation area, or vacant industrial buildings conservation
20area, or combination thereof, and thereby to enhance the tax
21bases of the taxing districts that extend into the
22redevelopment project area or redevelopment planning area. On
23and after the effective date of this amendatory Act of the 91st
24General Assembly, no redevelopment plan may be approved or
25amended to include the development of vacant land (i) with a
26golf course and related clubhouse and other facilities or (ii)

 

 

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1designated by federal, State, county, or municipal government
2as public land for outdoor recreational activities or for
3nature preserves and used for that purpose within 5 years
4prior to the adoption of the redevelopment plan. For the
5purpose of this subsection, "recreational activities" is
6limited to mean camping and hunting. Each redevelopment plan
7must set forth in writing the bases for the municipal findings
8required in this subsection, the program to be undertaken to
9accomplish the objectives, including but not limited to: (1)
10an itemized list of estimated redevelopment project costs, (2)
11evidence indicating that the redevelopment project area or the
12redevelopment planning area, or both, on the whole has not
13been subject to growth and development through investment by
14private enterprise, (3) (i) in the case of an environmentally
15contaminated area, industrial park conservation area, or a
16vacant industrial buildings conservation area classified under
17either Standard One, or Standard Two of subsection (f) where
18the building is currently vacant, evidence that implementation
19of the redevelopment plan is reasonably expected to create a
20significant number of permanent full time jobs, (ii) in the
21case of a vacant industrial buildings conservation area
22classified under Standard Two (B)(i) or (ii) of subsection
23(f), evidence that implementation of the redevelopment plan is
24reasonably expected to retain a significant number of existing
25permanent full time jobs, and (iii) in the case of a
26combination of an environmentally contaminated area,

 

 

SB0658 Enrolled- 56 -LRB102 11452 AWJ 16786 b

1industrial park conservation area, or vacant industrial
2buildings conservation area, evidence that the standards
3concerning the creation or retention of jobs for each area set
4forth in (i) or (ii) above are met, (4) an assessment of the
5financial impact of the redevelopment project area or the
6redevelopment planning area, or both, on the overlapping
7taxing bodies or any increased demand for services from any
8taxing district affected by the plan and any program to
9address such financial impact or increased demand, (5) the
10sources of funds to pay costs, (6) the nature and term of the
11obligations to be issued, (7) the most recent equalized
12assessed valuation of the redevelopment project area or the
13redevelopment planning area, or both, (8) an estimate of the
14equalized assessed valuation after redevelopment and the
15general land uses that are applied in the redevelopment
16project area or the redevelopment planning area, or both, (9)
17a commitment to fair employment practices and an affirmative
18action plan, (10) if it includes an industrial park
19conservation area, the following: (i) a general description of
20any proposed developer, (ii) user and tenant of any property,
21(iii) a description of the type, structure and general
22character of the facilities to be developed, and (iv) a
23description of the type, class and number of new employees to
24be employed in the operation of the facilities to be
25developed, (11) if it includes an environmentally contaminated
26area, the following: either (i) a determination of release or

 

 

SB0658 Enrolled- 57 -LRB102 11452 AWJ 16786 b

1substantial threat of release of a hazardous substance or
2pesticide or of petroleum by the United States Environmental
3Protection Agency or the Illinois Environmental Protection
4Agency, or the Illinois Pollution Control Board or any court;
5or (ii) both an environmental audit report by a nationally
6recognized independent environmental auditor having a
7reputation for expertise in these matters and a copy of the
8signed Review and Evaluation Services Agreement indicating
9acceptance of the site by the Illinois Environmental
10Protection Agency into the Pre-Notice Site Cleanup Program,
11(12) if it includes a vacant industrial buildings conservation
12area, the following: (i) a general description of any proposed
13developer, (ii) user and tenant of any building or buildings,
14(iii) a description of the type, structure and general
15character of the building or buildings to be developed, and
16(iv) a description of the type, class and number of new
17employees to be employed or existing employees to be retained
18in the operation of the building or buildings to be
19redeveloped, and (13) if property is to be annexed to the
20municipality, the terms of the annexation agreement.
21    No redevelopment plan shall be adopted by a municipality
22without findings that:
23        (1) the redevelopment project area or redevelopment
24    planning area, or both, on the whole has not been subject
25    to growth and development through investment by private
26    enterprise and would not reasonably be anticipated to be

 

 

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1    developed in accordance with public goals stated in the
2    redevelopment plan without the adoption of the
3    redevelopment plan;
4        (2) the redevelopment plan and project conform to the
5    comprehensive plan for the development of the municipality
6    as a whole, or, for municipalities with a population of
7    100,000 or more, regardless of when the redevelopment plan
8    and project was adopted, the redevelopment plan and
9    project either: (i) conforms to the strategic economic
10    development or redevelopment plan issued by the designated
11    planning authority of the municipality or (ii) includes
12    land uses that have been approved by the planning
13    commission of the municipality;
14        (3) that the redevelopment plan is reasonably expected
15    to create or retain a significant number of permanent full
16    time jobs as set forth in paragraph (3) of subsection (l)
17    above;
18        (4) the estimated date of completion of the
19    redevelopment project and retirement of obligations
20    incurred to finance redevelopment project costs is not
21    later than December 31 of the year in which the payment to
22    the municipal treasurer as provided in subsection (b) of
23    Section 11-74.6-35 is to be made with respect to ad
24    valorem taxes levied in the twenty-third calendar year
25    after the year in which the ordinance approving the
26    redevelopment project area is adopted; a municipality may

 

 

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1    by municipal ordinance amend an existing redevelopment
2    plan to conform to this paragraph (4) as amended by this
3    amendatory Act of the 91st General Assembly concerning
4    ordinances adopted on or after January 15, 1981, which
5    municipal ordinance may be adopted without further hearing
6    or notice and without complying with the procedures
7    provided in this Law pertaining to an amendment to or the
8    initial approval of a redevelopment plan and project and
9    designation of a redevelopment project area;
10        (5) in the case of an industrial park conservation
11    area, that the municipality is a labor surplus
12    municipality or a substantial labor surplus municipality
13    and that the implementation of the redevelopment plan is
14    reasonably expected to create a significant number of
15    permanent full time new jobs and, by the provision of new
16    facilities, significantly enhance the tax base of the
17    taxing districts that extend into the redevelopment
18    project area;
19        (6) in the case of an environmentally contaminated
20    area, that the area is subject to a release or substantial
21    threat of release of a hazardous substance, pesticide or
22    petroleum which presents an imminent and substantial
23    danger to public health or welfare or presents a
24    significant threat to public health or environment, that
25    such release or threat of release will have a significant
26    impact on the cost of redeveloping the area, that the

 

 

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1    implementation of the redevelopment plan is reasonably
2    expected to result in the area being redeveloped, the tax
3    base of the affected taxing districts being significantly
4    enhanced thereby, and the creation of a significant number
5    of permanent full time jobs; and
6        (7) in the case of a vacant industrial buildings
7    conservation area, that the area is located within the
8    corporate limits of a municipality that has been zoned
9    industrial for at least 5 years before its designation as
10    a project redeveloped area, that it contains one or more
11    industrial buildings, and whether the area has been
12    designated under Standard One or Standard Two of
13    subsection (f) and the basis for that designation.
14    (m) "Redevelopment project" means any public or private
15development project in furtherance of the objectives of a
16redevelopment plan. On and after the effective date of this
17amendatory Act of the 91st General Assembly, no redevelopment
18plan may be approved or amended to include the development of
19vacant land (i) with a golf course and related clubhouse and
20other facilities or (ii) designated by federal, State, county,
21or municipal government as public land for outdoor
22recreational activities or for nature preserves and used for
23that purpose within 5 years prior to the adoption of the
24redevelopment plan. For the purpose of this subsection,
25"recreational activities" is limited to mean camping and
26hunting.

 

 

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1    (n) "Redevelopment project area" means a contiguous area
2designated by the municipality that is not less in the
3aggregate than 1 1/2 acres, and for which the municipality has
4made a finding that there exist conditions that cause the area
5to be classified as an industrial park conservation area, a
6vacant industrial building conservation area, an
7environmentally contaminated area or a combination of these
8types of areas. For purposes of this Division, parcels are
9contiguous if they touch or join one another in a reasonably
10substantial physical sense or if they meet the criteria for
11annexation to a municipality under Section 7-1-1 of this Code.
12    The changes made by this amendatory Act of the 102nd
13General Assembly, are declarative of existing law and shall be
14applied retroactively when substantively applicable, including
15all pending actions without regard to when the cause of action
16accrued; however, this amendatory Act of the 102nd General
17Assembly does not affect the rights of any party that is
18subject to a final judgment entered pursuant to the opinion of
19the September 23, 2021 Illinois Supreme Court in Board of
20Education of Richland School District 88A v. City of Crest
21Hill, 2021 IL 126444.
22    (o) "Redevelopment project costs" means the sum total of
23all reasonable or necessary costs incurred or estimated to be
24incurred by the municipality, and any of those costs
25incidental to a redevelopment plan and a redevelopment
26project. These costs include, without limitation, the

 

 

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1following:
2        (1) Costs of studies, surveys, development of plans,
3    and specifications, implementation and administration of
4    the redevelopment plan, staff and professional service
5    costs for architectural, engineering, legal, marketing,
6    financial, planning, or other services, but no charges for
7    professional services may be based on a percentage of the
8    tax increment collected; except that on and after the
9    effective date of this amendatory Act of the 91st General
10    Assembly, no contracts for professional services,
11    excluding architectural and engineering services, may be
12    entered into if the terms of the contract extend beyond a
13    period of 3 years. In addition, "redevelopment project
14    costs" shall not include lobbying expenses. After
15    consultation with the municipality, each tax increment
16    consultant or advisor to a municipality that plans to
17    designate or has designated a redevelopment project area
18    shall inform the municipality in writing of any contracts
19    that the consultant or advisor has entered into with
20    entities or individuals that have received, or are
21    receiving, payments financed by tax increment revenues
22    produced by the redevelopment project area with respect to
23    which the consultant or advisor has performed, or will be
24    performing, service for the municipality. This requirement
25    shall be satisfied by the consultant or advisor before the
26    commencement of services for the municipality and

 

 

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1    thereafter whenever any other contracts with those
2    individuals or entities are executed by the consultant or
3    advisor;
4        (1.5) After July 1, 1999, annual administrative costs
5    shall not include general overhead or administrative costs
6    of the municipality that would still have been incurred by
7    the municipality if the municipality had not designated a
8    redevelopment project area or approved a redevelopment
9    plan;
10        (1.6) The cost of marketing sites within the
11    redevelopment project area to prospective businesses,
12    developers, and investors.
13        (2) Property assembly costs within a redevelopment
14    project area, including but not limited to acquisition of
15    land and other real or personal property or rights or
16    interests therein.
17        (3) Site preparation costs, including but not limited
18    to clearance of any area within a redevelopment project
19    area by demolition or removal of any existing buildings,
20    structures, fixtures, utilities and improvements and
21    clearing and grading; and including installation, repair,
22    construction, reconstruction, or relocation of public
23    streets, public utilities, and other public site
24    improvements within or without a redevelopment project
25    area which are essential to the preparation of the
26    redevelopment project area for use in accordance with a

 

 

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1    redevelopment plan.
2        (4) Costs of renovation, rehabilitation,
3    reconstruction, relocation, repair or remodeling of any
4    existing public or private buildings, improvements, and
5    fixtures within a redevelopment project area; and the cost
6    of replacing an existing public building if pursuant to
7    the implementation of a redevelopment project the existing
8    public building is to be demolished to use the site for
9    private investment or devoted to a different use requiring
10    private investment.
11        (5) Costs of construction within a redevelopment
12    project area of public improvements, including but not
13    limited to, buildings, structures, works, utilities or
14    fixtures, except that on and after the effective date of
15    this amendatory Act of the 91st General Assembly,
16    redevelopment project costs shall not include the cost of
17    constructing a new municipal public building principally
18    used to provide offices, storage space, or conference
19    facilities or vehicle storage, maintenance, or repair for
20    administrative, public safety, or public works personnel
21    and that is not intended to replace an existing public
22    building as provided under paragraph (4) unless either (i)
23    the construction of the new municipal building implements
24    a redevelopment project that was included in a
25    redevelopment plan that was adopted by the municipality
26    prior to the effective date of this amendatory Act of the

 

 

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1    91st General Assembly or (ii) the municipality makes a
2    reasonable determination in the redevelopment plan,
3    supported by information that provides the basis for that
4    determination, that the new municipal building is required
5    to meet an increase in the need for public safety purposes
6    anticipated to result from the implementation of the
7    redevelopment plan.
8        (6) Costs of eliminating or removing contaminants and
9    other impediments required by federal or State
10    environmental laws, rules, regulations, and guidelines,
11    orders or other requirements or those imposed by private
12    lending institutions as a condition for approval of their
13    financial support, debt or equity, for the redevelopment
14    projects, provided, however, that in the event (i) other
15    federal or State funds have been certified by an
16    administrative agency as adequate to pay these costs
17    during the 18 months after the adoption of the
18    redevelopment plan, or (ii) the municipality has been
19    reimbursed for such costs by persons legally responsible
20    for them, such federal, State, or private funds shall,
21    insofar as possible, be fully expended prior to the use of
22    any revenues deposited in the special tax allocation fund
23    of the municipality and any other such federal, State or
24    private funds received shall be deposited in the fund. The
25    municipality shall seek reimbursement of these costs from
26    persons legally responsible for these costs and the costs

 

 

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1    of obtaining this reimbursement.
2        (7) Costs of job training and retraining projects.
3        (8) Financing costs, including but not limited to all
4    necessary and incidental expenses related to the issuance
5    of obligations and which may include payment of interest
6    on any obligations issued under this Act including
7    interest accruing during the estimated period of
8    construction of any redevelopment project for which the
9    obligations are issued and for not exceeding 36 months
10    thereafter and including reasonable reserves related to
11    those costs.
12        (9) All or a portion of a taxing district's capital
13    costs resulting from the redevelopment project necessarily
14    incurred or to be incurred in furtherance of the
15    objectives of the redevelopment plan and project, to the
16    extent the municipality by written agreement accepts and
17    approves those costs.
18        (10) Relocation costs to the extent that a
19    municipality determines that relocation costs shall be
20    paid or is required to make payment of relocation costs by
21    federal or State law.
22        (11) Payments in lieu of taxes.
23        (12) Costs of job training, retraining, advanced
24    vocational education or career education, including but
25    not limited to courses in occupational, semi-technical or
26    technical fields leading directly to employment, incurred

 

 

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1    by one or more taxing districts, if those costs are: (i)
2    related to the establishment and maintenance of additional
3    job training, advanced vocational education or career
4    education programs for persons employed or to be employed
5    by employers located in a redevelopment project area; and
6    (ii) are incurred by a taxing district or taxing districts
7    other than the municipality and are set forth in a written
8    agreement by or among the municipality and the taxing
9    district or taxing districts, which agreement describes
10    the program to be undertaken, including but not limited to
11    the number of employees to be trained, a description of
12    the training and services to be provided, the number and
13    type of positions available or to be available, itemized
14    costs of the program and sources of funds to pay for the
15    same, and the term of the agreement. These costs include,
16    specifically, the payment by community college districts
17    of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the
18    Public Community College Act and by school districts of
19    costs under Sections 10-22.20a and 10-23.3a of the School
20    Code.
21        (13) The interest costs incurred by redevelopers or
22    other nongovernmental persons in connection with a
23    redevelopment project, and specifically including payments
24    to redevelopers or other nongovernmental persons as
25    reimbursement for such costs incurred by such redeveloper
26    or other nongovernmental person, provided that:

 

 

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1            (A) interest costs shall be paid or reimbursed by
2        a municipality only pursuant to the prior official
3        action of the municipality evidencing an intent to pay
4        or reimburse such interest costs;
5            (B) such payments in any one year may not exceed
6        30% of the annual interest costs incurred by the
7        redeveloper with regard to the redevelopment project
8        during that year;
9            (C) except as provided in subparagraph (E), the
10        aggregate amount of such costs paid or reimbursed by a
11        municipality shall not exceed 30% of the total (i)
12        costs paid or incurred by the redeveloper or other
13        nongovernmental person in that year plus (ii)
14        redevelopment project costs excluding any property
15        assembly costs and any relocation costs incurred by a
16        municipality pursuant to this Act;
17            (D) interest costs shall be paid or reimbursed by
18        a municipality solely from the special tax allocation
19        fund established pursuant to this Act and shall not be
20        paid or reimbursed from the proceeds of any
21        obligations issued by a municipality;
22            (E) if there are not sufficient funds available in
23        the special tax allocation fund in any year to make
24        such payment or reimbursement in full, any amount of
25        such interest cost remaining to be paid or reimbursed
26        by a municipality shall accrue and be payable when

 

 

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1        funds are available in the special tax allocation fund
2        to make such payment.
3        (14) The costs of construction of new privately owned
4    buildings shall not be an eligible redevelopment project
5    cost.
6    If a special service area has been established under the
7Special Service Area Tax Act, then any tax increment revenues
8derived from the tax imposed thereunder to the Special Service
9Area Tax Act may be used within the redevelopment project area
10for the purposes permitted by that Act as well as the purposes
11permitted by this Act.
12    (p) "Redevelopment Planning Area" means an area so
13designated by a municipality after the municipality has
14complied with all the findings and procedures required to
15establish a redevelopment project area, including the
16existence of conditions that qualify the area as an industrial
17park conservation area, or an environmentally contaminated
18area, or a vacant industrial buildings conservation area, or a
19combination of these types of areas, and adopted a
20redevelopment plan and project for the planning area and its
21included redevelopment project areas. The area shall not be
22designated as a redevelopment planning area for more than 5
23years, or 10 years in the case of a redevelopment planning area
24in the City of Rockford. At any time in the 5 years, or 10
25years in the case of the City of Rockford, following that
26designation of the redevelopment planning area, the

 

 

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1municipality may designate the redevelopment planning area, or
2any portion of the redevelopment planning area, as a
3redevelopment project area without making additional findings
4or complying with additional procedures required for the
5creation of a redevelopment project area. An amendment of a
6redevelopment plan and project in accordance with the findings
7and procedures of this Act after the designation of a
8redevelopment planning area at any time within the 5 years
9after the designation of the redevelopment planning area, or
1010 years after the designation of the redevelopment planning
11area in the City of Rockford, shall not require new
12qualification of findings for the redevelopment project area
13to be designated within the redevelopment planning area.
14    The terms "redevelopment plan", "redevelopment project",
15and "redevelopment project area" have the definitions set out
16in subsections (l), (m), and (n), respectively.
17    (q) "Taxing districts" means counties, townships,
18municipalities, and school, road, park, sanitary, mosquito
19abatement, forest preserve, public health, fire protection,
20river conservancy, tuberculosis sanitarium and any other
21municipal corporations or districts with the power to levy
22taxes.
23    (r) "Taxing districts' capital costs" means those costs of
24taxing districts for capital improvements that are found by
25the municipal corporate authorities to be necessary and a
26direct result of the redevelopment project.

 

 

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1    (s) "Urban county" means a county with 240,000 or more
2inhabitants.
3    (t) "Vacant area", as used in subsection (a) of this
4Section, means any parcel or combination of parcels of real
5property without industrial, commercial and residential
6buildings that has not been used for commercial agricultural
7purposes within 5 years before the designation of the
8redevelopment project area, unless that parcel is included in
9an industrial park conservation area.
10(Source: P.A. 96-606, eff. 8-24-09.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.