Illinois General Assembly - Full Text of Public Act 096-0606
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Public Act 096-0606


 

Public Act 0606 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0606
 
HB0441 Enrolled LRB096 07236 RLJ 17322 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 11-74.6-10 as follows:
 
    (65 ILCS 5/11-74.6-10)
    Sec. 11-74.6-10. Definitions.
    (a) "Environmentally contaminated area" means any improved
or vacant area within the boundaries of a redevelopment project
area located within the corporate limits of a municipality
when, (i) there has been a determination of release or
substantial threat of release of a hazardous substance or
pesticide, by the United States Environmental Protection
Agency or the Illinois Environmental Protection Agency, or the
Illinois Pollution Control Board, or any court, or a release or
substantial threat of release which is addressed as part of the
Pre-Notice Site Cleanup Program under Section 22.2(m) of the
Illinois Environmental Protection Act, or a release or
substantial threat of release of petroleum under Section 22.12
of the Illinois Environmental Protection Act, and (ii) which
release or threat of release presents an imminent and
substantial danger to public health or welfare or presents a
significant threat to public health or the environment, and
(iii) which release or threat of release would have a
significant impact on the cost of redeveloping the area.
    (b) "Department" means the Department of Commerce and
Economic Opportunity.
    (c) "Industrial park" means an area in a redevelopment
project area suitable for use by any manufacturing, industrial,
research, or transportation enterprise, of facilities,
including but not limited to factories, mills, processing
plants, assembly plants, packing plants, fabricating plants,
distribution centers, warehouses, repair overhaul or service
facilities, freight terminals, research facilities, test
facilities or railroad facilities. An industrial park may
contain space for commercial and other use as long as the
expected principal use of the park is industrial and is
reasonably expected to result in the creation of a significant
number of new permanent full time jobs. An industrial park may
also contain related operations and facilities including, but
not limited to, business and office support services such as
centralized computers, telecommunications, publishing,
accounting, photocopying and similar activities and employee
services such as child care, health care, food service and
similar activities. An industrial park may also include
demonstration projects, prototype development, specialized
training on developing technology, and pure research in any
field related or adaptable to business and industry.
    (d) "Research park" means an area in a redevelopment
project area suitable for development of a facility or complex
that includes research laboratories and related operations.
These related operations may include, but are not limited to,
business and office support services such as centralized
computers, telecommunications, publishing, accounting,
photocopying and similar activities, and employee services
such as child care, health care, food service and similar
activities. A research park may include demonstration
projects, prototype development, specialized training on
developing technology, and pure research in any field related
or adaptable to business and industry.
    (e) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the corporate limits of a municipality or within 1 1/2
miles of the corporate limits of a municipality if the area is
to be annexed to the municipality, if the area is zoned as
industrial no later than the date on which the municipality by
ordinance designates the redevelopment project area, and if the
area includes improved or vacant land suitable for use as an
industrial park or a research park, or both. To be designated
as an industrial park conservation area, the area shall also
satisfy one of the following standards:
        (1) Standard One: The municipality must be a labor
    surplus municipality and the area must be served by
    adequate public and or road transportation for access by
    the unemployed and for the movement of goods or materials
    and the redevelopment project area shall contain no more
    than 2% of the most recently ascertained equalized assessed
    value of all taxable real properties within the corporate
    limits of the municipality after adjustment for all
    annexations associated with the establishment of the
    redevelopment project area or be located in the vicinity of
    a waste disposal site or other waste facility. The project
    plan shall include a plan for and shall establish a
    marketing program to attract appropriate businesses to the
    proposed industrial park conservation area and shall
    include an adequate plan for financing and construction of
    the necessary infrastructure. No redevelopment projects
    may be authorized by the municipality under Standard One of
    subsection (e) of this Section unless the project plan also
    provides for an employment training project that would
    prepare unemployed workers for work in the industrial park
    conservation area, and the project has been approved by
    official action of or is to be operated by the local
    community college district, public school district or
    state or locally designated private industry council or
    successor agency, or
        (2) Standard Two: The municipality must be a
    substantial labor surplus municipality and the area must be
    served by adequate public and or road transportation for
    access by the unemployed and for the movement of goods or
    materials and the redevelopment project area shall contain
    no more than 2% of the most recently ascertained equalized
    assessed value of all taxable real properties within the
    corporate limits of the municipality after adjustment for
    all annexations associated with the establishment of the
    redevelopment project area. No redevelopment projects may
    be authorized by the municipality under Standard Two of
    subsection (e) of this Section unless the project plan also
    provides for an employment training project that would
    prepare unemployed workers for work in the industrial park
    conservation area, and the project has been approved by
    official action of or is to be operated by the local
    community college district, public school district or
    state or locally designated private industry council or
    successor agency.
    (f) "Vacant industrial buildings conservation area" means
an area containing one or more industrial buildings located
within the corporate limits of the municipality that has been
zoned industrial for at least 5 years before the designation of
that area as a redevelopment project area by the municipality
and is planned for reuse principally for industrial purposes.
For the area to be designated as a vacant industrial buildings
conservation area, the area shall also satisfy one of the
following standards:
        (1) Standard One: The area shall consist of one or more
    industrial buildings totaling at least 50,000 net square
    feet of industrial space, with a majority of the total area
    of all the buildings having been vacant for at least 18
    months; and (A) the area is located in a labor surplus
    municipality or a substantial labor surplus municipality,
    or (B) the equalized assessed value of the properties
    within the area during the last 2 years is at least 25%
    lower than the maximum equalized assessed value of those
    properties during the immediately preceding 10 years.
        (2) Standard Two: The area exclusively consists of
    industrial buildings or a building complex operated by a
    user or related users (A) that has within the immediately
    preceding 5 years either (i) employed 200 or more employees
    at that location, or (ii) if the area is located in a
    municipality with a population of 12,000 or less, employed
    more than 50 employees at that location and (B) either is
    currently vacant, or the owner has: (i) directly notified
    the municipality of the user's intention to terminate
    operations at the facility or (ii) filed a notice of
    closure under the Worker Adjustment and Retraining
    Notification Act.
    (g) "Labor surplus municipality" means a municipality in
which, during the 4 calendar years immediately preceding the
date the municipality by ordinance designates an industrial
park conservation area, the average unemployment rate was 1% or
more over the State average unemployment rate for that same
period of time as published in the United States Department of
Labor Bureau of Labor Statistics publication entitled "The
Employment Situation" or its successor publication. For the
purpose of this subsection (g), if unemployment rate statistics
for the municipality are not available, the unemployment rate
in the municipality shall be deemed to be: (i) for a
municipality that is not in an urban county, the same as the
unemployment rate in the principal county where the
municipality is located or (ii) for a municipality in an urban
county at that municipality's option, either the unemployment
rate certified for the municipality by the Department after
consultation with the Illinois Department of Labor or the
federal Bureau of Labor Statistics, or the unemployment rate of
the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior to
the date on which the determination is made.
    (h) "Substantial labor surplus municipality" means a
municipality in which, during the 5 calendar years immediately
preceding the date the municipality by ordinance designates an
industrial park conservation area, the average unemployment
rate was 2% or more over the State average unemployment rate
for that same period of time as published in the United States
Department of Labor Statistics publication entitled "The
Employment Situation" or its successor publication. For the
purpose of this subsection (h), if unemployment rate statistics
for the municipality are not available, the unemployment rate
in the municipality shall be deemed to be: (i) for a
municipality that is not in an urban county, the same as the
unemployment rate in the principal county in which the
municipality is located; or (ii) for a municipality in an urban
county, at that municipality's option, either the unemployment
rate certified for the municipality by the Department after
consultation with the Illinois Department of Labor or the
federal Bureau of Labor Statistics, or the unemployment rate of
the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior to
the date on which the determination is made.
    (i) "Municipality" means a city, village or incorporated
town.
    (j) "Obligations" means bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
    (k) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality, which according to the redevelopment project or
plan are to be used for a private use, that taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
that would result from levies made after the time of the
adoption of tax increment allocation financing until the time
the current equalized assessed value of real property in the
redevelopment project area exceeds the total initial equalized
assessed value of real property in that area.
    (l) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate the conditions that qualified the redevelopment
project area or redevelopment planning area, or both, as an
environmentally contaminated area or industrial park
conservation area, or vacant industrial buildings conservation
area, or combination thereof, and thereby to enhance the tax
bases of the taxing districts that extend into the
redevelopment project area or redevelopment planning area. On
and after the effective date of this amendatory Act of the 91st
General Assembly, no redevelopment plan may be approved or
amended to include the development of vacant land (i) with a
golf course and related clubhouse and other facilities or (ii)
designated by federal, State, county, or municipal government
as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior
to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean
camping and hunting. Each redevelopment plan must set forth in
writing the bases for the municipal findings required in this
subsection, the program to be undertaken to accomplish the
objectives, including but not limited to: (1) an itemized list
of estimated redevelopment project costs, (2) evidence
indicating that the redevelopment project area or the
redevelopment planning area, or both, on the whole has not been
subject to growth and development through investment by private
enterprise, (3) (i) in the case of an environmentally
contaminated area, industrial park conservation area, or a
vacant industrial buildings conservation area classified under
either Standard One, or Standard Two of subsection (f) where
the building is currently vacant, evidence that implementation
of the redevelopment plan is reasonably expected to create a
significant number of permanent full time jobs, (ii) in the
case of a vacant industrial buildings conservation area
classified under Standard Two (B)(i) or (ii) of subsection (f),
evidence that implementation of the redevelopment plan is
reasonably expected to retain a significant number of existing
permanent full time jobs, and (iii) in the case of a
combination of an environmentally contaminated area,
industrial park conservation area, or vacant industrial
buildings conservation area, evidence that the standards
concerning the creation or retention of jobs for each area set
forth in (i) or (ii) above are met, (4) an assessment of the
financial impact of the redevelopment project area or the
redevelopment planning area, or both, on the overlapping taxing
bodies or any increased demand for services from any taxing
district affected by the plan and any program to address such
financial impact or increased demand, (5) the sources of funds
to pay costs, (6) the nature and term of the obligations to be
issued, (7) the most recent equalized assessed valuation of the
redevelopment project area or the redevelopment planning area,
or both, (8) an estimate of the equalized assessed valuation
after redevelopment and the general land uses that are applied
in the redevelopment project area or the redevelopment planning
area, or both, (9) a commitment to fair employment practices
and an affirmative action plan, (10) if it includes an
industrial park conservation area, the following: (i) a general
description of any proposed developer, (ii) user and tenant of
any property, (iii) a description of the type, structure and
general character of the facilities to be developed, and (iv) a
description of the type, class and number of new employees to
be employed in the operation of the facilities to be developed,
(11) if it includes an environmentally contaminated area, the
following: either (i) a determination of release or substantial
threat of release of a hazardous substance or pesticide or of
petroleum by the United States Environmental Protection Agency
or the Illinois Environmental Protection Agency, or the
Illinois Pollution Control Board or any court; or (ii) both an
environmental audit report by a nationally recognized
independent environmental auditor having a reputation for
expertise in these matters and a copy of the signed Review and
Evaluation Services Agreement indicating acceptance of the
site by the Illinois Environmental Protection Agency into the
Pre-Notice Site Cleanup Program, (12) if it includes a vacant
industrial buildings conservation area, the following: (i) a
general description of any proposed developer, (ii) user and
tenant of any building or buildings, (iii) a description of the
type, structure and general character of the building or
buildings to be developed, and (iv) a description of the type,
class and number of new employees to be employed or existing
employees to be retained in the operation of the building or
buildings to be redeveloped, and (13) if property is to be
annexed to the municipality, the terms of the annexation
agreement.
    No redevelopment plan shall be adopted by a municipality
without findings that:
        (1) the redevelopment project area or redevelopment
    planning area, or both, on the whole has not been subject
    to growth and development through investment by private
    enterprise and would not reasonably be anticipated to be
    developed in accordance with public goals stated in the
    redevelopment plan without the adoption of the
    redevelopment plan;
        (2) the redevelopment plan and project conform to the
    comprehensive plan for the development of the municipality
    as a whole, or, for municipalities with a population of
    100,000 or more, regardless of when the redevelopment plan
    and project was adopted, the redevelopment plan and project
    either: (i) conforms to the strategic economic development
    or redevelopment plan issued by the designated planning
    authority of the municipality or (ii) includes land uses
    that have been approved by the planning commission of the
    municipality;
        (3) that the redevelopment plan is reasonably expected
    to create or retain a significant number of permanent full
    time jobs as set forth in paragraph (3) of subsection (l)
    above;
        (4) the estimated date of completion of the
    redevelopment project and retirement of obligations
    incurred to finance redevelopment project costs is not
    later than December 31 of the year in which the payment to
    the municipal treasurer as provided in subsection (b) of
    Section 11-74.6-35 is to be made with respect to ad valorem
    taxes levied in the twenty-third calendar year after the
    year in which the ordinance approving the redevelopment
    project area is adopted; a municipality may by municipal
    ordinance amend an existing redevelopment plan to conform
    to this paragraph (4) as amended by this amendatory Act of
    the 91st General Assembly concerning ordinances adopted on
    or after January 15, 1981, which municipal ordinance may be
    adopted without further hearing or notice and without
    complying with the procedures provided in this Law
    pertaining to an amendment to or the initial approval of a
    redevelopment plan and project and designation of a
    redevelopment project area;
        (5) in the case of an industrial park conservation
    area, that the municipality is a labor surplus municipality
    or a substantial labor surplus municipality and that the
    implementation of the redevelopment plan is reasonably
    expected to create a significant number of permanent full
    time new jobs and, by the provision of new facilities,
    significantly enhance the tax base of the taxing districts
    that extend into the redevelopment project area;
        (6) in the case of an environmentally contaminated
    area, that the area is subject to a release or substantial
    threat of release of a hazardous substance, pesticide or
    petroleum which presents an imminent and substantial
    danger to public health or welfare or presents a
    significant threat to public health or environment, that
    such release or threat of release will have a significant
    impact on the cost of redeveloping the area, that the
    implementation of the redevelopment plan is reasonably
    expected to result in the area being redeveloped, the tax
    base of the affected taxing districts being significantly
    enhanced thereby, and the creation of a significant number
    of permanent full time jobs; and
        (7) in the case of a vacant industrial buildings
    conservation area, that the area is located within the
    corporate limits of a municipality that has been zoned
    industrial for at least 5 years before its designation as a
    project redeveloped area, that it contains one or more
    industrial buildings, and whether the area has been
    designated under Standard One or Standard Two of subsection
    (f) and the basis for that designation.
    (m) "Redevelopment project" means any public or private
development project in furtherance of the objectives of a
redevelopment plan. On and after the effective date of this
amendatory Act of the 91st General Assembly, no redevelopment
plan may be approved or amended to include the development of
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State, county,
or municipal government as public land for outdoor recreational
activities or for nature preserves and used for that purpose
within 5 years prior to the adoption of the redevelopment plan.
For the purpose of this subsection, "recreational activities"
is limited to mean camping and hunting.
    (n) "Redevelopment project area" means a contiguous area
designated by the municipality that is not less in the
aggregate than 1 1/2 acres, and for which the municipality has
made a finding that there exist conditions that cause the area
to be classified as an industrial park conservation area, a
vacant industrial building conservation area, an
environmentally contaminated area or a combination of these
types of areas.
    (o) "Redevelopment project costs" means the sum total of
all reasonable or necessary costs incurred or estimated to be
incurred by the municipality, and any of those costs incidental
to a redevelopment plan and a redevelopment project. These
costs include, without limitation, the following:
        (1) Costs of studies, surveys, development of plans,
    and specifications, implementation and administration of
    the redevelopment plan, staff and professional service
    costs for architectural, engineering, legal, marketing,
    financial, planning, or other services, but no charges for
    professional services may be based on a percentage of the
    tax increment collected; except that on and after the
    effective date of this amendatory Act of the 91st General
    Assembly, no contracts for professional services,
    excluding architectural and engineering services, may be
    entered into if the terms of the contract extend beyond a
    period of 3 years. In addition, "redevelopment project
    costs" shall not include lobbying expenses. After
    consultation with the municipality, each tax increment
    consultant or advisor to a municipality that plans to
    designate or has designated a redevelopment project area
    shall inform the municipality in writing of any contracts
    that the consultant or advisor has entered into with
    entities or individuals that have received, or are
    receiving, payments financed by tax increment revenues
    produced by the redevelopment project area with respect to
    which the consultant or advisor has performed, or will be
    performing, service for the municipality. This requirement
    shall be satisfied by the consultant or advisor before the
    commencement of services for the municipality and
    thereafter whenever any other contracts with those
    individuals or entities are executed by the consultant or
    advisor;
        (1.5) After July 1, 1999, annual administrative costs
    shall not include general overhead or administrative costs
    of the municipality that would still have been incurred by
    the municipality if the municipality had not designated a
    redevelopment project area or approved a redevelopment
    plan;
        (1.6) The cost of marketing sites within the
    redevelopment project area to prospective businesses,
    developers, and investors.
        (2) Property assembly costs within a redevelopment
    project area, including but not limited to acquisition of
    land and other real or personal property or rights or
    interests therein.
        (3) Site preparation costs, including but not limited
    to clearance of any area within a redevelopment project
    area by demolition or removal of any existing buildings,
    structures, fixtures, utilities and improvements and
    clearing and grading; and including installation, repair,
    construction, reconstruction, or relocation of public
    streets, public utilities, and other public site
    improvements within or without a redevelopment project
    area which are essential to the preparation of the
    redevelopment project area for use in accordance with a
    redevelopment plan.
        (4) Costs of renovation, rehabilitation,
    reconstruction, relocation, repair or remodeling of any
    existing public or private buildings, improvements, and
    fixtures within a redevelopment project area; and the cost
    of replacing an existing public building if pursuant to the
    implementation of a redevelopment project the existing
    public building is to be demolished to use the site for
    private investment or devoted to a different use requiring
    private investment.
        (5) Costs of construction within a redevelopment
    project area of public improvements, including but not
    limited to, buildings, structures, works, utilities or
    fixtures, except that on and after the effective date of
    this amendatory Act of the 91st General Assembly,
    redevelopment project costs shall not include the cost of
    constructing a new municipal public building principally
    used to provide offices, storage space, or conference
    facilities or vehicle storage, maintenance, or repair for
    administrative, public safety, or public works personnel
    and that is not intended to replace an existing public
    building as provided under paragraph (4) unless either (i)
    the construction of the new municipal building implements a
    redevelopment project that was included in a redevelopment
    plan that was adopted by the municipality prior to the
    effective date of this amendatory Act of the 91st General
    Assembly or (ii) the municipality makes a reasonable
    determination in the redevelopment plan, supported by
    information that provides the basis for that
    determination, that the new municipal building is required
    to meet an increase in the need for public safety purposes
    anticipated to result from the implementation of the
    redevelopment plan.
        (6) Costs of eliminating or removing contaminants and
    other impediments required by federal or State
    environmental laws, rules, regulations, and guidelines,
    orders or other requirements or those imposed by private
    lending institutions as a condition for approval of their
    financial support, debt or equity, for the redevelopment
    projects, provided, however, that in the event (i) other
    federal or State funds have been certified by an
    administrative agency as adequate to pay these costs during
    the 18 months after the adoption of the redevelopment plan,
    or (ii) the municipality has been reimbursed for such costs
    by persons legally responsible for them, such federal,
    State, or private funds shall, insofar as possible, be
    fully expended prior to the use of any revenues deposited
    in the special tax allocation fund of the municipality and
    any other such federal, State or private funds received
    shall be deposited in the fund. The municipality shall seek
    reimbursement of these costs from persons legally
    responsible for these costs and the costs of obtaining this
    reimbursement.
        (7) Costs of job training and retraining projects.
        (8) Financing costs, including but not limited to all
    necessary and incidental expenses related to the issuance
    of obligations and which may include payment of interest on
    any obligations issued under this Act including interest
    accruing during the estimated period of construction of any
    redevelopment project for which the obligations are issued
    and for not exceeding 36 months thereafter and including
    reasonable reserves related to those costs.
        (9) All or a portion of a taxing district's capital
    costs resulting from the redevelopment project necessarily
    incurred or to be incurred in furtherance of the objectives
    of the redevelopment plan and project, to the extent the
    municipality by written agreement accepts and approves
    those costs.
        (10) Relocation costs to the extent that a municipality
    determines that relocation costs shall be paid or is
    required to make payment of relocation costs by federal or
    State law.
        (11) Payments in lieu of taxes.
        (12) Costs of job training, retraining, advanced
    vocational education or career education, including but
    not limited to courses in occupational, semi-technical or
    technical fields leading directly to employment, incurred
    by one or more taxing districts, if those costs are: (i)
    related to the establishment and maintenance of additional
    job training, advanced vocational education or career
    education programs for persons employed or to be employed
    by employers located in a redevelopment project area; and
    (ii) are incurred by a taxing district or taxing districts
    other than the municipality and are set forth in a written
    agreement by or among the municipality and the taxing
    district or taxing districts, which agreement describes
    the program to be undertaken, including but not limited to
    the number of employees to be trained, a description of the
    training and services to be provided, the number and type
    of positions available or to be available, itemized costs
    of the program and sources of funds to pay for the same,
    and the term of the agreement. These costs include,
    specifically, the payment by community college districts
    of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the
    Public Community College Act and by school districts of
    costs under Sections 10-22.20a and 10-23.3a of the School
    Code.
        (13) The interest costs incurred by redevelopers or
    other nongovernmental persons in connection with a
    redevelopment project, and specifically including payments
    to redevelopers or other nongovernmental persons as
    reimbursement for such costs incurred by such redeveloper
    or other nongovernmental person, provided that:
            (A) interest costs shall be paid or reimbursed by a
        municipality only pursuant to the prior official
        action of the municipality evidencing an intent to pay
        or reimburse such interest costs;
            (B) such payments in any one year may not exceed
        30% of the annual interest costs incurred by the
        redeveloper with regard to the redevelopment project
        during that year;
            (C) except as provided in subparagraph (E), the
        aggregate amount of such costs paid or reimbursed by a
        municipality shall not exceed 30% of the total (i)
        costs paid or incurred by the redeveloper or other
        nongovernmental person in that year plus (ii)
        redevelopment project costs excluding any property
        assembly costs and any relocation costs incurred by a
        municipality pursuant to this Act;
            (D) interest costs shall be paid or reimbursed by a
        municipality solely from the special tax allocation
        fund established pursuant to this Act and shall not be
        paid or reimbursed from the proceeds of any obligations
        issued by a municipality;
            (E) if there are not sufficient funds available in
        the special tax allocation fund in any year to make
        such payment or reimbursement in full, any amount of
        such interest cost remaining to be paid or reimbursed
        by a municipality shall accrue and be payable when
        funds are available in the special tax allocation fund
        to make such payment.
        (14) The costs of construction of new privately owned
    buildings shall not be an eligible redevelopment project
    cost.
    If a special service area has been established under the
Special Service Area Tax Act, then any tax increment revenues
derived from the tax imposed thereunder to the Special Service
Area Tax Act may be used within the redevelopment project area
for the purposes permitted by that Act as well as the purposes
permitted by this Act.
    (p) "Redevelopment Planning Area" means an area so
designated by a municipality after the municipality has
complied with all the findings and procedures required to
establish a redevelopment project area, including the
existence of conditions that qualify the area as an industrial
park conservation area, or an environmentally contaminated
area, or a vacant industrial buildings conservation area, or a
combination of these types of areas, and adopted a
redevelopment plan and project for the planning area and its
included redevelopment project areas. The area shall not be
designated as a redevelopment planning area for more than 5
years, or 10 years in the case of a redevelopment planning area
in the City of Rockford. At any time in the 5 years, or 10 years
in the case of the City of Rockford, following that designation
of the redevelopment planning area, the municipality may
designate the redevelopment planning area, or any portion of
the redevelopment planning area, as a redevelopment project
area without making additional findings or complying with
additional procedures required for the creation of a
redevelopment project area. An amendment of a redevelopment
plan and project in accordance with the findings and procedures
of this Act after the designation of a redevelopment planning
area at any time within the 5 years after the designation of
the redevelopment planning area, or 10 years after the
designation of the redevelopment planning area in the City of
Rockford, shall not require new qualification of findings for
the redevelopment project area to be designated within the
redevelopment planning area.
    The terms "redevelopment plan", "redevelopment project",
and "redevelopment project area" have the definitions set out
in subsections (l), (m), and (n), respectively.
    (q) "Taxing districts" means counties, townships,
municipalities, and school, road, park, sanitary, mosquito
abatement, forest preserve, public health, fire protection,
river conservancy, tuberculosis sanitarium and any other
municipal corporations or districts with the power to levy
taxes.
    (r) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and a direct
result of the redevelopment project.
    (s) "Urban county" means a county with 240,000 or more
inhabitants.
    (t) "Vacant area", as used in subsection (a) of this
Section, means any parcel or combination of parcels of real
property without industrial, commercial and residential
buildings that has not been used for commercial agricultural
purposes within 5 years before the designation of the
redevelopment project area, unless that parcel is included in
an industrial park conservation area.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2009