Full Text of HB1144 95th General Assembly
HB1144 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1144
Introduced , by Rep. Charles E. Jefferson SYNOPSIS AS INTRODUCED: |
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Amends the Industrial Jobs Recovery Law in the Illinois Municipal Code. Provides that an area shall not be designated as a redevelopment planning area for more than 10 years (instead of 5 years). Makes corresponding changes.
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A BILL FOR
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HB1144 |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-74.6-10 as follows:
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| (65 ILCS 5/11-74.6-10)
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| Sec. 11-74.6-10. Definitions.
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| (a) "Environmentally contaminated area" means any improved | 9 |
| or vacant area
within
the boundaries
of a redevelopment project | 10 |
| area located within the corporate limits of
a municipality | 11 |
| when,
(i) there has been a determination of release or | 12 |
| substantial threat of release
of
a hazardous substance or | 13 |
| pesticide, by the United States Environmental
Protection | 14 |
| Agency or the Illinois Environmental Protection Agency, or the
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| Illinois Pollution Control Board, or any court, or a release or | 16 |
| substantial
threat of release which is addressed as part of the | 17 |
| Pre-Notice Site Cleanup
Program under Section 22.2(m) of the | 18 |
| Illinois Environmental Protection Act, or
a release or | 19 |
| substantial threat of release of petroleum under Section 22.12 | 20 |
| of
the Illinois Environmental Protection Act, and (ii) which | 21 |
| release or threat of
release presents an imminent and | 22 |
| substantial danger to public health or welfare
or presents a | 23 |
| significant threat to public health or the environment, and |
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| (iii)
which release or threat of release would have a | 2 |
| significant impact on the cost
of redeveloping the area.
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| (b) "Department" means the Department of Commerce and | 4 |
| Economic Opportunity.
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| (c) "Industrial park" means an area in a redevelopment | 6 |
| project
area suitable for use by any manufacturing, industrial, | 7 |
| research, or
transportation enterprise, of facilities, | 8 |
| including but not limited to
factories, mills, processing | 9 |
| plants, assembly plants, packing plants,
fabricating plants, | 10 |
| distribution centers, warehouses, repair
overhaul or service | 11 |
| facilities, freight terminals, research facilities,
test | 12 |
| facilities or railroad facilities. An industrial park may | 13 |
| contain
space for commercial and other use as long as the | 14 |
| expected principal use of the
park is
industrial and
is | 15 |
| reasonably expected to result in the creation of a significant | 16 |
| number of new
permanent full time jobs. An
industrial park may | 17 |
| also contain related operations and facilities including,
but | 18 |
| not
limited to, business and office support services such as | 19 |
| centralized
computers, telecommunications, publishing, | 20 |
| accounting, photocopying and
similar activities and employee | 21 |
| services such as child care, health care,
food service and | 22 |
| similar activities. An industrial park may also include
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| demonstration projects, prototype development, specialized | 24 |
| training on
developing technology, and pure research in any | 25 |
| field related or adaptable
to business and industry.
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| (d) "Research park" means an area in a redevelopment |
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| project area
suitable for development of a facility or complex | 2 |
| that includes
research laboratories and related operations. | 3 |
| These related operations may
include, but are not limited to, | 4 |
| business and office support services
such as centralized | 5 |
| computers, telecommunications, publishing,
accounting, | 6 |
| photocopying and similar activities, and employee services
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| such as child care, health care, food service and similar | 8 |
| activities.
A research park may include demonstration | 9 |
| projects, prototype development,
specialized training on | 10 |
| developing technology, and pure research
in any field related | 11 |
| or adaptable to business and industry.
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| (e) "Industrial park conservation area" means an area | 13 |
| within the
boundaries of a redevelopment project area located | 14 |
| within the corporate
limits of a municipality or within 1 1/2 | 15 |
| miles of the corporate limits of a
municipality if the area is | 16 |
| to be annexed to the municipality, if the area is
zoned as | 17 |
| industrial no later than the date on which the municipality by
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| ordinance designates the redevelopment project area, and if the | 19 |
| area
includes improved or vacant land suitable for use as an | 20 |
| industrial park or
a research park, or both. To be designated | 21 |
| as an industrial park
conservation area, the area shall also | 22 |
| satisfy one of the following standards:
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| (1) Standard One: The municipality must be a labor | 24 |
| surplus municipality
and the area must be served by | 25 |
| adequate public and or road transportation for
access by | 26 |
| the unemployed and for the movement of goods or materials |
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| and the
redevelopment project area shall contain no more | 2 |
| than 2% of the most recently
ascertained equalized assessed | 3 |
| value of all taxable real properties within the
corporate | 4 |
| limits of the municipality after adjustment for all | 5 |
| annexations
associated with the establishment of the | 6 |
| redevelopment project area or be
located in the vicinity of | 7 |
| a waste disposal site or other waste facility. The
project | 8 |
| plan shall include a plan for and shall establish a
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| marketing program to attract appropriate businesses to the | 10 |
| proposed industrial
park conservation area and shall | 11 |
| include an adequate plan for financing and
construction of | 12 |
| the necessary infrastructure. No redevelopment projects | 13 |
| may be
authorized by the municipality under Standard One of | 14 |
| subsection (e) of this
Section unless the project plan also | 15 |
| provides for an employment training
project that would | 16 |
| prepare unemployed workers for work in the industrial park
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| conservation area, and the project has been approved by | 18 |
| official action of or
is to be operated by the local | 19 |
| community college district, public school
district or | 20 |
| state or locally designated private
industry council or | 21 |
| successor agency, or
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| (2) Standard Two: The municipality must be a | 23 |
| substantial labor surplus
municipality and the area must be | 24 |
| served by adequate public and or road
transportation for
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| access by the unemployed and for the movement of goods or | 26 |
| materials
and the
redevelopment project area shall contain |
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| no more than 2% of the most
recently ascertained equalized | 2 |
| assessed value of all taxable real properties
within the
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| corporate limits of the municipality after adjustment for | 4 |
| all annexations
associated with the establishment of the | 5 |
| redevelopment project area.
No
redevelopment projects may | 6 |
| be authorized by the municipality under Standard
Two of | 7 |
| subsection (e) of this Section unless the project plan
also | 8 |
| provides for an employment training project that would | 9 |
| prepare
unemployed workers for work in the industrial park | 10 |
| conservation area, and the
project has been approved by | 11 |
| official action of or is to be operated by the
local | 12 |
| community college district,
public school district or | 13 |
| state or locally designated private industry
council or | 14 |
| successor agency.
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| (f) "Vacant industrial buildings conservation area" means | 16 |
| an area containing
one or more industrial buildings located | 17 |
| within the corporate limits of the
municipality that has been | 18 |
| zoned industrial for at least 5 years before the
designation of | 19 |
| that area as a redevelopment project area by the
municipality | 20 |
| and is planned for reuse principally for industrial purposes.
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| For the area to be designated as a vacant industrial buildings | 22 |
| conservation
area, the area shall also satisfy one of the | 23 |
| following standards:
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| (1) Standard One: The area shall consist of one or more | 25 |
| industrial
buildings totaling at least 50,000 net square | 26 |
| feet of industrial space, with
a majority of the total area |
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| of all the buildings having been vacant for at
least 18 | 2 |
| months; and (A) the area is located in a labor surplus
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| municipality or a substantial labor surplus municipality, | 4 |
| or (B)
the equalized assessed
value of the properties | 5 |
| within the area during the last 2 years is at least
25% | 6 |
| lower than the maximum equalized assessed value of those | 7 |
| properties
during the immediately preceding 10 years.
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| (2) Standard Two: The area exclusively consists of | 9 |
| industrial
buildings or a building complex operated by a | 10 |
| user or related users (A) that
has within the immediately | 11 |
| preceding 5 years either (i) employed 200 or more
employees | 12 |
| at that location, or (ii) if the area is located in a | 13 |
| municipality
with a population of 12,000 or less, employed | 14 |
| more than 50 employees at that
location and (B) either is | 15 |
| currently vacant, or the owner has: (i) directly
notified | 16 |
| the municipality of the user's intention to terminate | 17 |
| operations at
the facility or (ii) filed a notice of | 18 |
| closure under the Worker Adjustment and
Retraining | 19 |
| Notification Act.
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| (g) "Labor surplus municipality" means a municipality in | 21 |
| which,
during the 4 calendar years immediately preceding the | 22 |
| date
the municipality by
ordinance designates an industrial | 23 |
| park conservation area, the average
unemployment rate was 1% or | 24 |
| more over the State average
unemployment
rate for
that same | 25 |
| period of time as published in the United States Department of
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| Labor Bureau of Labor Statistics publication entitled "The |
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| Employment
Situation" or its successor publication. For the | 2 |
| purpose of this
subsection (g), if unemployment rate statistics | 3 |
| for the municipality are
not available, the unemployment rate | 4 |
| in the municipality shall be deemed to
be: (i) for a | 5 |
| municipality that is not in an urban county, the same as the
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| unemployment rate in the principal county where the | 7 |
| municipality is located or
(ii) for a municipality in an urban | 8 |
| county at that municipality's option,
either the unemployment | 9 |
| rate certified for the municipality by the Department
after | 10 |
| consultation with the Illinois
Department of Labor or the | 11 |
| federal Bureau of Labor Statistics, or the
unemployment rate of | 12 |
| the municipality as determined by the most recent federal
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| census if that census was not dated more than 5 years prior to | 14 |
| the date on
which the determination is made.
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| (h) "Substantial labor surplus municipality" means a | 16 |
| municipality in
which, during the 5 calendar years immediately | 17 |
| preceding the date the
municipality by
ordinance
designates an | 18 |
| industrial park conservation area, the average unemployment | 19 |
| rate
was 2% or more over the State average unemployment rate | 20 |
| for
that
same period of time as published in the United States | 21 |
| Department of Labor
Statistics publication entitled "The | 22 |
| Employment Situation" or its successor
publication. For the | 23 |
| purpose of this subsection (h), if unemployment rate
statistics | 24 |
| for the municipality are not available, the unemployment rate | 25 |
| in the
municipality shall be deemed to be: (i) for a | 26 |
| municipality that is not in an
urban county, the same as the |
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| unemployment rate in the principal county in
which the | 2 |
| municipality is located; or (ii) for a municipality in an urban
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| county, at that municipality's option, either the unemployment | 4 |
| rate certified
for the municipality by the Department after
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| consultation with the Illinois Department of Labor or the | 6 |
| federal Bureau of
Labor Statistics, or the unemployment rate of | 7 |
| the municipality as determined by
the most recent federal | 8 |
| census if that census was not dated more than 5 years
prior to | 9 |
| the date on which the determination is made.
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| (i) "Municipality" means a city, village or incorporated | 11 |
| town.
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| (j) "Obligations" means bonds, loans, debentures, notes, | 13 |
| special
certificates or other evidence of indebtedness issued | 14 |
| by the municipality
to carry out a redevelopment project or to | 15 |
| refund outstanding obligations.
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| (k) "Payment in lieu of taxes" means those estimated tax | 17 |
| revenues from
real property in a redevelopment project area | 18 |
| derived from real property that
has been acquired by a | 19 |
| municipality,
which according to the redevelopment project or | 20 |
| plan are to be used for a
private use, that taxing districts | 21 |
| would have received had a municipality
not acquired the real | 22 |
| property and adopted tax increment allocation
financing and | 23 |
| that would result from
levies made after the time of the | 24 |
| adoption of tax increment allocation
financing until the time | 25 |
| the current equalized assessed value of real
property in the | 26 |
| redevelopment project area exceeds the total initial
equalized |
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| assessed value of real property in that area.
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| (l) "Redevelopment plan" means the comprehensive program | 3 |
| of the
municipality for development or redevelopment intended | 4 |
| by the payment of
redevelopment project costs to reduce or | 5 |
| eliminate the conditions that
qualified the redevelopment | 6 |
| project area or redevelopment planning area, or
both, as an | 7 |
| environmentally contaminated
area or industrial
park | 8 |
| conservation area, or vacant industrial buildings
conservation | 9 |
| area, or combination thereof, and thereby to enhance
the tax | 10 |
| bases of the taxing districts that extend into the | 11 |
| redevelopment
project area or redevelopment planning area.
On | 12 |
| and after the effective date of this amendatory Act of the 91st | 13 |
| General
Assembly, no
redevelopment plan may be approved or | 14 |
| amended to include the development of
vacant land (i) with a | 15 |
| golf course and related clubhouse and other facilities
or (ii) | 16 |
| designated by federal, State, county, or municipal government | 17 |
| as public
land for outdoor recreational activities or for | 18 |
| nature preserves and used for
that purpose within 5
years prior | 19 |
| to the adoption of the redevelopment plan. For the purpose of
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| this subsection, "recreational activities" is limited to mean | 21 |
| camping and
hunting.
Each redevelopment plan must set forth in | 22 |
| writing the
bases for the municipal findings required in this | 23 |
| subsection, the
program to be undertaken to accomplish the | 24 |
| objectives, including
but not limited to: (1) an itemized list | 25 |
| of estimated redevelopment project
costs,
(2) evidence | 26 |
| indicating that the redevelopment project area or the
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| redevelopment planning area, or both, on the whole has
not
been | 2 |
| subject to growth and development through investment by private
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| enterprise,
(3) (i) in the case of an environmentally | 4 |
| contaminated area, industrial park
conservation
area, or a | 5 |
| vacant industrial buildings conservation area classified under
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| either Standard One, or Standard Two of subsection (f) where | 7 |
| the building is
currently vacant, evidence that implementation | 8 |
| of the redevelopment plan is
reasonably expected to create a | 9 |
| significant number of permanent full time jobs,
(ii) in
the | 10 |
| case of a vacant industrial buildings conservation area | 11 |
| classified under
Standard Two (B)(i) or (ii) of subsection (f), | 12 |
| evidence that implementation of
the redevelopment plan is | 13 |
| reasonably expected to retain a significant number of
existing | 14 |
| permanent full time jobs, and (iii) in the case of a
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| combination of
an environmentally contaminated area, | 16 |
| industrial park conservation area, or
vacant industrial
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| buildings conservation area, evidence that the standards | 18 |
| concerning the
creation or retention of jobs for each area set | 19 |
| forth in (i) or (ii)
above are met,
(4) an assessment of the | 20 |
| financial impact of the redevelopment
project area or the | 21 |
| redevelopment planning area, or both,
on
the overlapping taxing | 22 |
| bodies or any increased demand for services from any
taxing | 23 |
| district affected by the
plan and any program to address such | 24 |
| financial impact or increased demand, (5)
the sources of
funds | 25 |
| to pay costs, (6) the nature and term of the obligations to be | 26 |
| issued,
(7)
the most recent equalized assessed valuation of the |
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| redevelopment project
area or the redevelopment planning area, | 2 |
| or both, (8) an estimate of the
equalized assessed valuation | 3 |
| after redevelopment
and the general land uses that are applied | 4 |
| in the redevelopment project area
or the redevelopment planning | 5 |
| area, or both,
(9) a
commitment to fair employment practices | 6 |
| and an affirmative action plan,
(10) if it includes an | 7 |
| industrial park conservation area, the following: (i) a
general | 8 |
| description of any proposed developer, (ii) user and tenant of | 9 |
| any
property, (iii) a description of the type, structure and | 10 |
| general character of
the facilities to be developed, and (iv) a | 11 |
| description of the type, class and
number of new employees to | 12 |
| be employed in the operation of the facilities to be
developed,
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| (11) if it includes an environmentally contaminated area, the | 14 |
| following:
either (i) a determination of release or substantial | 15 |
| threat of release of a
hazardous substance or pesticide or of | 16 |
| petroleum by the United States
Environmental Protection Agency | 17 |
| or the Illinois Environmental Protection
Agency, or the | 18 |
| Illinois Pollution Control Board or any court; or (ii) both an
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| environmental audit report by a nationally recognized | 20 |
| independent
environmental auditor having a reputation for | 21 |
| expertise in these matters and a
copy of the signed Review and | 22 |
| Evaluation Services Agreement indicating
acceptance of the | 23 |
| site by the Illinois Environmental Protection Agency into the
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| Pre-Notice Site Cleanup Program,
(12) if it includes a vacant | 25 |
| industrial buildings conservation area, the
following: (i) a
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| general description of any proposed developer, (ii) user and |
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| tenant of any
building or buildings, (iii) a description of the | 2 |
| type, structure and general
character of
the building or | 3 |
| buildings to be developed, and (iv) a description of the type,
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| class and
number of new employees to be employed or existing | 5 |
| employees to be retained in
the operation of the building or | 6 |
| buildings to be
redeveloped,
and (13) if property is to be | 7 |
| annexed to the municipality, the
terms
of the annexation | 8 |
| agreement.
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| No redevelopment plan shall be adopted by a
municipality | 10 |
| without findings that:
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| (1) the redevelopment project area or redevelopment | 12 |
| planning area, or
both, on the whole has not been subject | 13 |
| to
growth and development through investment by private | 14 |
| enterprise and would
not reasonably be anticipated to be | 15 |
| developed in accordance with public
goals stated in the | 16 |
| redevelopment plan without the adoption of the
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| redevelopment plan;
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| (2) the redevelopment plan and project conform to the | 19 |
| comprehensive plan
for the development of the municipality | 20 |
| as a whole, or, for municipalities with
a population of | 21 |
| 100,000 or more, regardless of when the redevelopment plan | 22 |
| and
project was adopted, the redevelopment plan and project | 23 |
| either: (i) conforms
to the strategic economic development | 24 |
| or redevelopment plan issued by the
designated
planning | 25 |
| authority of the municipality or (ii) includes land uses | 26 |
| that have
been approved by the planning commission of the |
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| municipality;
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| (3) that the redevelopment plan is reasonably expected | 3 |
| to create or retain
a significant number of permanent full | 4 |
| time jobs as set forth in paragraph
(3) of subsection (l) | 5 |
| above;
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| (4) the estimated date of completion of the | 7 |
| redevelopment project and
retirement of obligations | 8 |
| incurred to finance redevelopment project costs
is not
| 9 |
| later than December 31 of the year in which the payment to | 10 |
| the municipal
treasurer as provided in subsection (b) of | 11 |
| Section 11-74.6-35 is to
be made with respect to ad valorem | 12 |
| taxes levied in the twenty-third
calendar year after the | 13 |
| year in which the ordinance approving the
redevelopment | 14 |
| project area is adopted;
a municipality may by municipal | 15 |
| ordinance amend an existing redevelopment
plan to conform | 16 |
| to this paragraph (4) as amended by this amendatory Act of
| 17 |
| the 91st General Assembly concerning ordinances adopted on | 18 |
| or after January 15,
1981, which
municipal ordinance may be | 19 |
| adopted without further hearing or
notice and without | 20 |
| complying with the procedures provided in this Law
| 21 |
| pertaining to an amendment to or the initial approval of a | 22 |
| redevelopment plan
and project and
designation of a | 23 |
| redevelopment project area;
| 24 |
| (5) in the case of an industrial park conservation | 25 |
| area, that the
municipality is a labor surplus municipality | 26 |
| or a substantial labor surplus
municipality and that the |
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| implementation of
the redevelopment plan is reasonably | 2 |
| expected to create a
significant number of permanent full | 3 |
| time new jobs and, by
the provision of new facilities, | 4 |
| significantly enhance the tax base of the
taxing
districts | 5 |
| that extend into the redevelopment project area;
| 6 |
| (6) in the case of an environmentally contaminated | 7 |
| area, that the area
is
subject to a release or substantial | 8 |
| threat of release of a hazardous substance,
pesticide or | 9 |
| petroleum which presents an imminent and substantial | 10 |
| danger to
public health or welfare or presents a | 11 |
| significant threat to public health or
environment, that | 12 |
| such release or threat of release will have a significant
| 13 |
| impact on the cost of redeveloping the area, that the | 14 |
| implementation of the
redevelopment plan is reasonably | 15 |
| expected to result in the area being
redeveloped, the tax | 16 |
| base of the affected taxing districts being significantly
| 17 |
| enhanced thereby, and the creation of a significant number | 18 |
| of permanent full
time jobs; and
| 19 |
| (7) in the case of a vacant industrial buildings | 20 |
| conservation
area, that
the area is located within the | 21 |
| corporate limits of a municipality that has been
zoned | 22 |
| industrial for at least 5 years before its designation as a | 23 |
| project
redeveloped area, that it contains one or more | 24 |
| industrial buildings, and
whether the area has been | 25 |
| designated under Standard One or Standard Two of
subsection | 26 |
| (f) and the basis for that designation.
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| (m) "Redevelopment project" means any public or private | 2 |
| development
project in furtherance of the objectives of a | 3 |
| redevelopment plan.
On and after the effective date of this | 4 |
| amendatory Act of the 91st General
Assembly, no
redevelopment | 5 |
| plan may be approved or amended to include the development
of | 6 |
| vacant land (i) with a golf course and related clubhouse and | 7 |
| other
facilities
or (ii) designated by federal, State, county, | 8 |
| or municipal government as public
land for outdoor recreational | 9 |
| activities or for nature preserves and used for
that purpose | 10 |
| within 5
years prior to the adoption of the redevelopment plan. | 11 |
| For the purpose of
this subsection, "recreational activities" | 12 |
| is limited to mean camping and
hunting.
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| (n) "Redevelopment project area" means a contiguous area
| 14 |
| designated
by the municipality that is not less in the | 15 |
| aggregate than 1 1/2 acres,
and for which the municipality has | 16 |
| made a finding that there exist
conditions that cause the area | 17 |
| to be classified as an industrial park
conservation area, a | 18 |
| vacant industrial building conservation area,
an | 19 |
| environmentally contaminated area or a combination of these
| 20 |
| types of areas.
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| (o) "Redevelopment project costs" means the sum total of | 22 |
| all
reasonable or necessary costs incurred or estimated to be | 23 |
| incurred by
the municipality, and
any of those costs incidental | 24 |
| to a redevelopment plan and a redevelopment
project. These | 25 |
| costs include, without limitation, the following:
| 26 |
| (1) Costs of studies, surveys, development of plans, |
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| and
specifications, implementation and administration of | 2 |
| the redevelopment
plan, staff and professional service | 3 |
| costs for architectural, engineering,
legal, marketing, | 4 |
| financial, planning, or other
services, but no charges for | 5 |
| professional services may be based on a percentage
of the | 6 |
| tax increment collected; except that on and
after
the | 7 |
| effective date of this amendatory Act of the 91st General | 8 |
| Assembly, no
contracts for
professional services, | 9 |
| excluding architectural and engineering services, may be
| 10 |
| entered into if the terms of the contract extend
beyond a | 11 |
| period of 3 years. In addition, "redevelopment project | 12 |
| costs" shall
not include lobbying expenses.
After | 13 |
| consultation with the municipality, each tax
increment | 14 |
| consultant or advisor to a municipality that plans to | 15 |
| designate or
has designated a redevelopment project area | 16 |
| shall inform the municipality in
writing of any contracts | 17 |
| that the consultant or advisor has entered into with
| 18 |
| entities or individuals that have received, or are | 19 |
| receiving, payments financed
by tax
increment revenues | 20 |
| produced by the redevelopment project area with respect to
| 21 |
| which the consultant or advisor has performed, or will be | 22 |
| performing, service
for the
municipality. This requirement | 23 |
| shall be satisfied by the consultant or advisor
before the | 24 |
| commencement of services for the municipality and | 25 |
| thereafter
whenever any other contracts with those | 26 |
| individuals or entities are executed by
the consultant or |
|
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| advisor;
| 2 |
| (1.5) After July 1, 1999, annual administrative costs | 3 |
| shall
not include general overhead or
administrative costs | 4 |
| of the municipality
that would still have been incurred by | 5 |
| the municipality if the municipality had
not
designated a | 6 |
| redevelopment project area or approved a redevelopment | 7 |
| plan;
| 8 |
| (1.6) The cost of
marketing sites within the | 9 |
| redevelopment project area to prospective
businesses, | 10 |
| developers, and investors.
| 11 |
| (2) Property assembly costs within a redevelopment | 12 |
| project
area, including but not limited to acquisition of | 13 |
| land and other real or
personal property or rights or | 14 |
| interests therein.
| 15 |
| (3) Site preparation costs, including but not limited | 16 |
| to clearance of
any area within a redevelopment project | 17 |
| area by demolition or
removal of any existing buildings, | 18 |
| structures, fixtures, utilities and
improvements and | 19 |
| clearing and grading; and including installation, repair,
| 20 |
| construction, reconstruction, or relocation of public | 21 |
| streets, public
utilities, and other public site | 22 |
| improvements within or without a redevelopment
project | 23 |
| area which are essential to the preparation of the
| 24 |
| redevelopment project area for use in accordance with a | 25 |
| redevelopment
plan.
| 26 |
| (4) Costs of renovation, rehabilitation, |
|
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| reconstruction, relocation,
repair or remodeling of any | 2 |
| existing public or private buildings, improvements,
and | 3 |
| fixtures
within a redevelopment project area; and the cost | 4 |
| of replacing
an existing public building if pursuant to the | 5 |
| implementation of a
redevelopment project the existing | 6 |
| public building is to be demolished to use
the site for | 7 |
| private investment or
devoted to a different use requiring | 8 |
| private investment.
| 9 |
| (5) Costs of construction within a redevelopment | 10 |
| project area of
public improvements, including but not | 11 |
| limited to, buildings, structures,
works, utilities or | 12 |
| fixtures, except
that on and after the effective date of | 13 |
| this amendatory Act of the 91st General
Assembly,
| 14 |
| redevelopment
project costs shall not include the cost of | 15 |
| constructing a
new municipal public building principally | 16 |
| used to provide
offices, storage space, or conference | 17 |
| facilities or vehicle storage,
maintenance, or repair for | 18 |
| administrative,
public safety, or public works personnel
| 19 |
| and that is not intended to replace an existing
public | 20 |
| building as provided under paragraph (4)
unless either (i) | 21 |
| the construction of the new municipal building
implements a | 22 |
| redevelopment project that was included in a redevelopment | 23 |
| plan
that was adopted by the municipality prior to the | 24 |
| effective
date of this amendatory Act of the 91st General | 25 |
| Assembly or (ii) the
municipality makes a reasonable
| 26 |
| determination in the redevelopment plan, supported by |
|
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| information that provides
the basis for that | 2 |
| determination, that the new municipal building is required
| 3 |
| to meet an increase in the need for public safety purposes | 4 |
| anticipated to
result from the implementation of the | 5 |
| redevelopment plan.
| 6 |
| (6) Costs of eliminating or removing contaminants and | 7 |
| other impediments
required by federal or State | 8 |
| environmental laws, rules, regulations, and
guidelines, | 9 |
| orders or other requirements or those imposed by private | 10 |
| lending
institutions as a condition for approval of their | 11 |
| financial support, debt
or equity, for the redevelopment | 12 |
| projects, provided, however, that in the event
(i) other | 13 |
| federal or State funds have been certified by an | 14 |
| administrative
agency as adequate to pay these costs during | 15 |
| the 18 months after the adoption
of the redevelopment plan, | 16 |
| or (ii) the municipality has been reimbursed for
such costs | 17 |
| by persons legally responsible for them, such federal, | 18 |
| State, or
private funds shall, insofar as possible, be | 19 |
| fully expended prior to the use of
any revenues
deposited | 20 |
| in the special tax allocation fund of the municipality and | 21 |
| any other
such federal, State or private funds received | 22 |
| shall be deposited in the fund.
The municipality shall seek
| 23 |
| reimbursement of these costs from persons legally | 24 |
| responsible for these costs
and the costs of obtaining this | 25 |
| reimbursement.
| 26 |
| (7) Costs of job training and retraining projects.
|
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| (8) Financing costs, including but not limited to all | 2 |
| necessary and
incidental expenses related to the issuance | 3 |
| of obligations and which may
include payment of interest on | 4 |
| any obligations issued under this Act
including interest | 5 |
| accruing
during the estimated period of construction of any | 6 |
| redevelopment project
for which the obligations are issued | 7 |
| and for not exceeding 36 months
thereafter and including | 8 |
| reasonable reserves related to those costs.
| 9 |
| (9) All or a portion of a taxing district's capital | 10 |
| costs resulting from
the redevelopment project necessarily | 11 |
| incurred or to be incurred in furtherance
of the objectives | 12 |
| of the redevelopment plan and project, to the extent the
| 13 |
| municipality by written agreement accepts and approves | 14 |
| those costs.
| 15 |
| (10) Relocation costs to the extent that a municipality | 16 |
| determines that
relocation costs shall be paid or is | 17 |
| required to make payment of relocation
costs by federal or | 18 |
| State law.
| 19 |
| (11) Payments in lieu of taxes.
| 20 |
| (12) Costs of job training, retraining, advanced | 21 |
| vocational education
or career
education, including but | 22 |
| not limited to courses in occupational,
semi-technical or | 23 |
| technical fields leading directly to employment, incurred
| 24 |
| by one or more taxing districts, if those costs are: (i) | 25 |
| related
to the establishment and maintenance of additional | 26 |
| job training, advanced
vocational education or career |
|
|
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| education programs for persons employed or
to be employed | 2 |
| by employers located in a redevelopment project area; and
| 3 |
| (ii) are incurred by a taxing district or taxing districts | 4 |
| other than the
municipality and are set forth in a written | 5 |
| agreement by or among the
municipality and the taxing | 6 |
| district or taxing districts, which agreement
describes | 7 |
| the program to be undertaken, including but not limited to | 8 |
| the
number of employees to be trained, a description of the | 9 |
| training and
services to be provided, the number and type | 10 |
| of positions available or to
be available, itemized costs | 11 |
| of the program and sources of funds to pay for the
same, | 12 |
| and the term of the agreement. These costs include, | 13 |
| specifically, the
payment by community college districts | 14 |
| of costs under Sections 3-37,
3-38, 3-40 and 3-40.1 of the | 15 |
| Public Community College Act and by school
districts of | 16 |
| costs under Sections 10-22.20a and 10-23.3a of the School | 17 |
| Code.
| 18 |
| (13) The interest costs incurred by redevelopers or | 19 |
| other
nongovernmental persons in connection with a | 20 |
| redevelopment project,
and specifically including payments | 21 |
| to redevelopers or other nongovernmental
persons as | 22 |
| reimbursement for such costs incurred by such redeveloper | 23 |
| or other
nongovernmental person, provided that:
| 24 |
| (A) interest costs shall be
paid or reimbursed by a | 25 |
| municipality
only pursuant to the prior official | 26 |
| action of the municipality evidencing
an intent to pay |
|
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| or reimburse such interest costs;
| 2 |
| (B) such payments in any one year may not exceed | 3 |
| 30% of the annual
interest costs incurred by the | 4 |
| redeveloper with regard to the redevelopment
project | 5 |
| during that year;
| 6 |
| (C) except as provided in subparagraph (E), the | 7 |
| aggregate amount of
such costs paid or reimbursed by a | 8 |
| municipality shall not
exceed 30%
of the total (i) | 9 |
| costs paid or incurred by the redeveloper or other
| 10 |
| nongovernmental
person in that year plus (ii) | 11 |
| redevelopment project costs excluding any
property | 12 |
| assembly costs and any relocation costs incurred by a | 13 |
| municipality
pursuant to this Act;
| 14 |
| (D) interest costs shall be paid or reimbursed by a
| 15 |
| municipality solely from the special tax allocation
| 16 |
| fund established pursuant to this Act and shall not be | 17 |
| paid or reimbursed from
the
proceeds of any obligations | 18 |
| issued by a municipality;
| 19 |
| (E) if there are not sufficient funds available in | 20 |
| the special tax
allocation fund in any year to make | 21 |
| such payment or reimbursement in full, any
amount of
| 22 |
| such interest cost remaining to be paid or reimbursed | 23 |
| by a municipality
shall accrue and be
payable when | 24 |
| funds are available in
the special tax allocation fund | 25 |
| to make such payment.
| 26 |
| (14) The costs of
construction of
new
privately owned |
|
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| buildings shall not be an eligible redevelopment project | 2 |
| cost.
| 3 |
| If a special service area has been established under the | 4 |
| Special Service
Area Tax Act, then any tax increment revenues | 5 |
| derived from the tax imposed
thereunder to the Special Service | 6 |
| Area Tax Act may be used within the
redevelopment project area | 7 |
| for the purposes permitted by
that Act as well as the purposes | 8 |
| permitted by this Act.
| 9 |
| (p) "Redevelopment Planning Area" means an area so | 10 |
| designated by a
municipality after the municipality has | 11 |
| complied with all the findings and
procedures required to | 12 |
| establish a redevelopment project area, including
the | 13 |
| existence of conditions that qualify the area as an industrial | 14 |
| park
conservation area, or an environmentally contaminated | 15 |
| area, or a vacant
industrial
buildings
conservation area, or a | 16 |
| combination of these types of
areas, and adopted a | 17 |
| redevelopment plan and project for the planning area and
its | 18 |
| included redevelopment project areas. The
area shall not be | 19 |
| designated as a redevelopment planning area for more than
10
5
| 20 |
| years. At any time in the 10
5 years following that designation | 21 |
| of the
redevelopment planning area, the municipality may | 22 |
| designate the
redevelopment planning area, or any portion of | 23 |
| the redevelopment
planning area,
as a redevelopment project | 24 |
| area without making additional findings or
complying with | 25 |
| additional procedures required for the creation of a
| 26 |
| redevelopment project area.
An amendment of a redevelopment |
|
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| plan and project in accordance with the
findings and procedures | 2 |
| of this Act after the designation of a redevelopment
planning | 3 |
| area at any time within the 10
5 years after the designation of | 4 |
| the
redevelopment planning area shall not require new | 5 |
| qualification of findings for
the redevelopment project area to | 6 |
| be designated within the redevelopment
planning area.
| 7 |
| The terms "redevelopment plan", "redevelopment project", | 8 |
| and
"redevelopment project area" have the definitions set out | 9 |
| in subsections (l),
(m), and (n), respectively.
| 10 |
| (q) "Taxing districts" means counties, townships, | 11 |
| municipalities, and
school, road, park, sanitary, mosquito | 12 |
| abatement, forest preserve, public
health, fire protection, | 13 |
| river conservancy, tuberculosis sanitarium and any
other | 14 |
| municipal corporations or districts with the power to levy | 15 |
| taxes.
| 16 |
| (r) "Taxing districts' capital costs" means those costs of | 17 |
| taxing districts
for capital improvements that are found by the | 18 |
| municipal corporate authorities
to be necessary and a direct | 19 |
| result of the redevelopment project.
| 20 |
| (s) "Urban county" means a county with 240,000 or more | 21 |
| inhabitants.
| 22 |
| (t) "Vacant area", as used in subsection (a) of this | 23 |
| Section,
means any parcel or combination of parcels of real | 24 |
| property without
industrial, commercial and residential | 25 |
| buildings that has not been used for
commercial agricultural | 26 |
| purposes within 5 years before the designation of
the |
|
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| redevelopment project area, unless that parcel is included in | 2 |
| an
industrial park conservation area.
| 3 |
| (Source: P.A. 94-793, eff. 5-19-06.)
|
|