102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3106

 

Introduced 1/11/2022, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-74.3-5
65 ILCS 5/11-74.4-4  from Ch. 24, par. 11-74.4-4
65 ILCS 5/11-74.6-10

    Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that parcels are considered to be contiguous if they touch or join one another in a reasonably substantial sense. Provides that parcels are also considered to be contiguous if they meet the criteria for annexation under specified provisions of the Illinois Municipal Code. Provides the changes and declarative of existing law and are retroactive with regard to pending actions, except to any rights of a party subject to a final judgment entered pursuant to the September 23, 2021 opinion of the Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. Effective immediately.


LRB102 21404 AWJ 30520 b

 

 

A BILL FOR

 

SB3106LRB102 21404 AWJ 30520 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, 11-74.4-4, and 11-74.6-10 as
6follows:
 
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 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
2    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
3project areas. The changes made by this amendatory Act of the
491st General Assembly do not apply to a municipality that, (i)
5before the effective date of this amendatory Act of the 91st
6General Assembly, has adopted an ordinance or resolution
7fixing a time and place for a public hearing under Section
811-74.4-5 or (ii) before July 1, 1999, has adopted an
9ordinance or resolution providing for a feasibility study
10under Section 11-74.4-4.1, but has not yet adopted an
11ordinance approving redevelopment plans and redevelopment
12projects or designating redevelopment project areas under this
13Section, until after that municipality adopts an ordinance
14approving redevelopment plans and redevelopment projects or
15designating redevelopment project areas under this Section;
16thereafter the changes made by this amendatory Act of the 91st
17General Assembly apply to the same extent that they apply to
18redevelopment plans and redevelopment projects that were
19approved and redevelopment projects that were designated
20before the effective date of this amendatory Act of the 91st
21General Assembly.
22    A municipality may:
23        (a) By ordinance introduced in the governing body of
24    the municipality within 14 to 90 days from the completion
25    of the hearing specified in Section 11-74.4-5 approve
26    redevelopment plans and redevelopment projects, and

 

 

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1    designate redevelopment project areas pursuant to notice
2    and hearing required by this Act. No redevelopment project
3    area shall be designated unless a plan and project are
4    approved prior to the designation of such area and such
5    area shall include only those contiguous parcels of real
6    property and improvements thereon substantially benefited
7    by the proposed redevelopment project improvements. Upon
8    adoption of the ordinances, the municipality shall
9    forthwith transmit to the county clerk of the county or
10    counties within which the redevelopment project area is
11    located a certified copy of the ordinances, a legal
12    description of the redevelopment project area, a map of
13    the redevelopment project area, identification of the year
14    that the county clerk shall use for determining the total
15    initial equalized assessed value of the redevelopment
16    project area consistent with subsection (a) of Section
17    11-74.4-9, and a list of the parcel or tax identification
18    number of each parcel of property included in the
19    redevelopment project area. For purposes of this Division,
20    parcels are contiguous if they touch or join one another
21    in a reasonably substantial physical sense or if they meet
22    the criteria for annexation to a municipality under
23    Section 7-1-1 of this Code.
24        The changes made by this amendatory Act of the 102nd
25    General Assembly, are declarative of existing law and
26    shall be applied retroactively when substantively

 

 

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1    applicable, including all pending actions without regard
2    to when the cause of action accrued; however, this
3    amendatory Act of the 102nd General Assembly does not
4    affect the rights of any party that is subject to a final
5    judgment entered pursuant to the opinion of the September
6    23, 2021 Illinois Supreme Court in Board of Education of
7    Richland School District 88A v. City of Crest Hill, 2021
8    IL 126444.
9        (b) Make and enter into all contracts with property
10    owners, developers, tenants, overlapping taxing bodies,
11    and others necessary or incidental to the implementation
12    and furtherance of its redevelopment plan and project.
13    Contract provisions concerning loan repayment obligations
14    in contracts entered into on or after the effective date
15    of this amendatory Act of the 93rd General Assembly shall
16    terminate no later than the last to occur of the estimated
17    dates of completion of the redevelopment project and
18    retirement of the obligations issued to finance
19    redevelopment project costs as required by item (3) of
20    subsection (n) of Section 11-74.4-3. Payments received
21    under contracts entered into by the municipality prior to
22    the effective date of this amendatory Act of the 93rd
23    General Assembly that are received after the redevelopment
24    project area has been terminated by municipal ordinance
25    shall be deposited into a special fund of the municipality
26    to be used for other community redevelopment needs within

 

 

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1    the redevelopment project area.
2        (c) Within a redevelopment project area, acquire by
3    purchase, donation, lease or eminent domain; own, convey,
4    lease, mortgage or dispose of land and other property,
5    real or personal, or rights or interests therein, and
6    grant or acquire licenses, easements and options with
7    respect thereto, all in the manner and at such price the
8    municipality determines is reasonably necessary to achieve
9    the objectives of the redevelopment plan and project. No
10    conveyance, lease, mortgage, disposition of land or other
11    property owned by a municipality, or agreement relating to
12    the development of such municipal property shall be made
13    except upon the adoption of an ordinance by the corporate
14    authorities of the municipality. Furthermore, no
15    conveyance, lease, mortgage, or other disposition of land
16    owned by a municipality or agreement relating to the
17    development of such municipal property shall be made
18    without making public disclosure of the terms of the
19    disposition and all bids and proposals made in response to
20    the municipality's request. The procedures for obtaining
21    such bids and proposals shall provide reasonable
22    opportunity for any person to submit alternative proposals
23    or bids.
24        (d) Within a redevelopment project area, clear any
25    area by demolition or removal of any existing buildings
26    and structures.

 

 

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1        (e) Within a redevelopment project area, renovate or
2    rehabilitate or construct any structure or building, as
3    permitted under this Act.
4        (f) Install, repair, construct, reconstruct or
5    relocate streets, utilities and site improvements
6    essential to the preparation of the redevelopment area for
7    use in accordance with a redevelopment plan.
8        (g) Within a redevelopment project area, fix, charge
9    and collect fees, rents and charges for the use of any
10    building or property owned or leased by it or any part
11    thereof, or facility therein.
12        (h) Accept grants, guarantees and donations of
13    property, labor, or other things of value from a public or
14    private source for use within a project redevelopment
15    area.
16        (i) Acquire and construct public facilities within a
17    redevelopment project area, as permitted under this Act.
18        (j) Incur project redevelopment costs and reimburse
19    developers who incur redevelopment project costs
20    authorized by a redevelopment agreement; provided,
21    however, that on and after the effective date of this
22    amendatory Act of the 91st General Assembly, no
23    municipality shall incur redevelopment project costs
24    (except for planning costs and any other eligible costs
25    authorized by municipal ordinance or resolution that are
26    subsequently included in the redevelopment plan for the

 

 

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1    area and are incurred by the municipality after the
2    ordinance or resolution is adopted) that are not
3    consistent with the program for accomplishing the
4    objectives of the redevelopment plan as included in that
5    plan and approved by the municipality until the
6    municipality has amended the redevelopment plan as
7    provided elsewhere in this Act.
8        (k) Create a commission of not less than 5 or more than
9    15 persons to be appointed by the mayor or president of the
10    municipality with the consent of the majority of the
11    governing board of the municipality. Members of a
12    commission appointed after the effective date of this
13    amendatory Act of 1987 shall be appointed for initial
14    terms of 1, 2, 3, 4 and 5 years, respectively, in such
15    numbers as to provide that the terms of not more than 1/3
16    of all such members shall expire in any one year. Their
17    successors shall be appointed for a term of 5 years. The
18    commission, subject to approval of the corporate
19    authorities may exercise the powers enumerated in this
20    Section. The commission shall also have the power to hold
21    the public hearings required by this division and make
22    recommendations to the corporate authorities concerning
23    the adoption of redevelopment plans, redevelopment
24    projects and designation of redevelopment project areas.
25        (l) Make payment in lieu of taxes or a portion thereof
26    to taxing districts. If payments in lieu of taxes or a

 

 

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1    portion thereof are made to taxing districts, those
2    payments shall be made to all districts within a project
3    redevelopment area on a basis which is proportional to the
4    current collections of revenue which each taxing district
5    receives from real property in the redevelopment project
6    area.
7        (m) Exercise any and all other powers necessary to
8    effectuate the purposes of this Act.
9        (n) If any member of the corporate authority, a member
10    of a commission established pursuant to Section
11    11-74.4-4(k) of this Act, or an employee or consultant of
12    the municipality involved in the planning and preparation
13    of a redevelopment plan, or project for a redevelopment
14    project area or proposed redevelopment project area, as
15    defined in Sections 11-74.4-3(i) through (k) of this Act,
16    owns or controls an interest, direct or indirect, in any
17    property included in any redevelopment area, or proposed
18    redevelopment area, he or she shall disclose the same in
19    writing to the clerk of the municipality, and shall also
20    so disclose the dates and terms and conditions of any
21    disposition of any such interest, which disclosures shall
22    be acknowledged by the corporate authorities and entered
23    upon the minute books of the corporate authorities. If an
24    individual holds such an interest then that individual
25    shall refrain from any further official involvement in
26    regard to such redevelopment plan, project or area, from

 

 

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1    voting on any matter pertaining to such redevelopment
2    plan, project or area, or communicating with other members
3    concerning corporate authorities, commission or employees
4    concerning any matter pertaining to said redevelopment
5    plan, project or area. Furthermore, no such member or
6    employee shall acquire of any interest direct, or
7    indirect, in any property in a redevelopment area or
8    proposed redevelopment area after either (a) such
9    individual obtains knowledge of such plan, project or area
10    or (b) first public notice of such plan, project or area
11    pursuant to Section 11-74.4-6 of this Division, whichever
12    occurs first. For the purposes of this subsection, a
13    property interest acquired in a single parcel of property
14    by a member of the corporate authority, which property is
15    used exclusively as the member's primary residence, shall
16    not be deemed to constitute an interest in any property
17    included in a redevelopment area or proposed redevelopment
18    area that was established before December 31, 1989, but
19    the member must disclose the acquisition to the municipal
20    clerk under the provisions of this subsection. A single
21    property interest acquired within one year after the
22    effective date of this amendatory Act of the 94th General
23    Assembly or 2 years after the effective date of this
24    amendatory Act of the 95th General Assembly by a member of
25    the corporate authority does not constitute an interest in
26    any property included in any redevelopment area or

 

 

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1    proposed redevelopment area, regardless of when the
2    redevelopment area was established, if (i) the property is
3    used exclusively as the member's primary residence, (ii)
4    the member discloses the acquisition to the municipal
5    clerk under the provisions of this subsection, (iii) the
6    acquisition is for fair market value, (iv) the member
7    acquires the property as a result of the property being
8    publicly advertised for sale, and (v) the member refrains
9    from voting on, and communicating with other members
10    concerning, any matter when the benefits to the
11    redevelopment project or area would be significantly
12    greater than the benefits to the municipality as a whole.
13    For the purposes of this subsection, a month-to-month
14    leasehold interest in a single parcel of property by a
15    member of the corporate authority shall not be deemed to
16    constitute an interest in any property included in any
17    redevelopment area or proposed redevelopment area, but the
18    member must disclose the interest to the municipal clerk
19    under the provisions of this subsection.
20        (o) Create a Tax Increment Economic Development
21    Advisory Committee to be appointed by the Mayor or
22    President of the municipality with the consent of the
23    majority of the governing board of the municipality, the
24    members of which Committee 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    Committee shall have none of the powers enumerated in this
4    Section. The Committee shall serve in an advisory capacity
5    only. The Committee may advise the governing Board of the
6    municipality and other municipal officials regarding
7    development issues and opportunities within the
8    redevelopment project area or the area within the State
9    Sales Tax Boundary. The Committee may also promote and
10    publicize development opportunities in the redevelopment
11    project area or the area within the State Sales Tax
12    Boundary.
13        (p) Municipalities may jointly undertake and perform
14    redevelopment plans and projects and utilize the
15    provisions of the Act wherever they have contiguous
16    redevelopment project areas or they determine to adopt tax
17    increment financing with respect to a redevelopment
18    project area which includes contiguous real property
19    within the boundaries of the municipalities, and in doing
20    so, they may, by agreement between municipalities, issue
21    obligations, separately or jointly, and expend revenues
22    received under the Act for eligible expenses anywhere
23    within contiguous redevelopment project areas or as
24    otherwise permitted in the Act. With respect to
25    redevelopment project areas that are established within a
26    transit facility improvement area, the provisions of this

 

 

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1    subsection apply only with respect to such redevelopment
2    project areas that are contiguous to each other.
3        (q) Utilize revenues, other than State sales tax
4    increment revenues, received under this Act from one
5    redevelopment project area for eligible costs in another
6    redevelopment project area that is:
7            (i) contiguous to the redevelopment project area
8        from which the revenues are received;
9            (ii) separated only by a public right of way from
10        the redevelopment project area from which the revenues
11        are received; or
12            (iii) separated only by forest preserve property
13        from the redevelopment project area from which the
14        revenues are received if the closest boundaries of the
15        redevelopment project areas that are separated by the
16        forest preserve property are less than one mile apart.
17        Utilize tax increment revenues for eligible costs that
18    are received from a redevelopment project area created
19    under the Industrial Jobs Recovery Law that is either
20    contiguous to, or is separated only by a public right of
21    way from, the redevelopment project area created under
22    this Act which initially receives these revenues. Utilize
23    revenues, other than State sales tax increment revenues,
24    by transferring or loaning such revenues to a
25    redevelopment project area created under the Industrial
26    Jobs Recovery Law that is either contiguous to, or

 

 

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1    separated only by a public right of way from the
2    redevelopment project area that initially produced and
3    received those revenues; and, if the redevelopment project
4    area (i) was established before the effective date of this
5    amendatory Act of the 91st General Assembly and (ii) is
6    located within a municipality with a population of more
7    than 100,000, utilize revenues or proceeds of obligations
8    authorized by Section 11-74.4-7 of this Act, other than
9    use or occupation tax revenues, to pay for any
10    redevelopment project costs as defined by subsection (q)
11    of Section 11-74.4-3 to the extent that the redevelopment
12    project costs involve public property that is either
13    contiguous to, or separated only by a public right of way
14    from, a redevelopment project area whether or not
15    redevelopment project costs or the source of payment for
16    the costs are specifically set forth in the redevelopment
17    plan for the redevelopment project area.
18        (r) If no redevelopment project has been initiated in
19    a redevelopment project area within 7 years after the area
20    was designated by ordinance under subsection (a), the
21    municipality shall adopt an ordinance repealing the area's
22    designation as a redevelopment project area; provided,
23    however, that if an area received its designation more
24    than 3 years before the effective date of this amendatory
25    Act of 1994 and no redevelopment project has been
26    initiated within 4 years after the effective date of this

 

 

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1    amendatory Act of 1994, the municipality shall adopt an
2    ordinance repealing its designation as a redevelopment
3    project area. Initiation of a redevelopment project shall
4    be evidenced by either a signed redevelopment agreement or
5    expenditures on eligible redevelopment project costs
6    associated with a redevelopment project.
7        Notwithstanding any other provision of this Section to
8    the contrary, with respect to a redevelopment project area
9    designated by an ordinance that was adopted on July 29,
10    1998 by the City of Chicago, the City of Chicago shall
11    adopt an ordinance repealing the area's designation as a
12    redevelopment project area if no redevelopment project has
13    been initiated in the redevelopment project area within 15
14    years after the designation of the area. The City of
15    Chicago may retroactively repeal any ordinance adopted by
16    the City of Chicago, pursuant to this subsection (r), that
17    repealed the designation of a redevelopment project area
18    designated by an ordinance that was adopted by the City of
19    Chicago on July 29, 1998. The City of Chicago has 90 days
20    after the effective date of this amendatory Act to repeal
21    the ordinance. The changes to this Section made by this
22    amendatory Act of the 96th General Assembly apply
23    retroactively to July 27, 2005.
24        (s) The various powers and duties described in this
25    Section that apply to a redevelopment project area shall
26    also apply to a transit facility improvement area

 

 

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1    established prior to, on, or after the effective date of
2    this amendatory Act of the 102nd General Assembly.
3(Source: P.A. 102-627, eff. 8-27-21.)
 
4    (65 ILCS 5/11-74.6-10)
5    Sec. 11-74.6-10. Definitions.
6    (a) "Environmentally contaminated area" means any improved
7or vacant area within the boundaries of a redevelopment
8project area located within the corporate limits of a
9municipality when, (i) there has been a determination of
10release or substantial threat of release of a hazardous
11substance or pesticide, by the United States Environmental
12Protection Agency or the Illinois Environmental Protection
13Agency, or the Illinois Pollution Control Board, or any court,
14or a release or substantial threat of release which is
15addressed as part of the Pre-Notice Site Cleanup Program under
16Section 22.2(m) of the Illinois Environmental Protection Act,
17or a release or substantial threat of release of petroleum
18under Section 22.12 of the Illinois Environmental Protection
19Act, and (ii) which release or threat of release presents an
20imminent and substantial danger to public health or welfare or
21presents a significant threat to public health or the
22environment, and (iii) which release or threat of release
23would have a significant impact on the cost of redeveloping
24the area.
25    (b) "Department" means the Department of Commerce and

 

 

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1Economic Opportunity.
2    (c) "Industrial park" means an area in a redevelopment
3project area suitable for use by any manufacturing,
4industrial, research, or transportation enterprise, of
5facilities, including but not limited to factories, mills,
6processing plants, assembly plants, packing plants,
7fabricating plants, distribution centers, warehouses, repair
8overhaul or service facilities, freight terminals, research
9facilities, test facilities or railroad facilities. An
10industrial park may contain space for commercial and other use
11as long as the expected principal use of the park is industrial
12and is reasonably expected to result in the creation of a
13significant number of new permanent full time jobs. An
14industrial park may also contain related operations and
15facilities including, but not limited to, business and office
16support services such as centralized computers,
17telecommunications, publishing, accounting, photocopying and
18similar activities and employee services such as child care,
19health care, food service and similar activities. An
20industrial park may also include demonstration projects,
21prototype development, specialized training on developing
22technology, and pure research in any field related or
23adaptable to business and industry.
24    (d) "Research park" means an area in a redevelopment
25project area suitable for development of a facility or complex
26that includes research laboratories and related operations.

 

 

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1These related operations may include, but are not limited to,
2business and office support services such as centralized
3computers, telecommunications, publishing, accounting,
4photocopying and similar activities, and employee services
5such as child care, health care, food service and similar
6activities. A research park may include demonstration
7projects, prototype development, specialized training on
8developing technology, and pure research in any field related
9or adaptable to business and industry.
10    (e) "Industrial park conservation area" means an area
11within the boundaries of a redevelopment project area located
12within the corporate limits of a municipality or within 1 1/2
13miles of the corporate limits of a municipality if the area is
14to be annexed to the municipality, if the area is zoned as
15industrial no later than the date on which the municipality by
16ordinance designates the redevelopment project area, and if
17the area includes improved or vacant land suitable for use as
18an industrial park or a research park, or both. To be
19designated as an industrial park conservation area, the area
20shall also satisfy one of the following standards:
21        (1) Standard One: The municipality must be a labor
22    surplus municipality and the area must be served by
23    adequate public and or road transportation for access by
24    the unemployed and for the movement of goods or materials
25    and the redevelopment project area shall contain no more
26    than 2% of the most recently ascertained equalized

 

 

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

 

 

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1    within the corporate limits of the municipality after
2    adjustment for all annexations associated with the
3    establishment of the redevelopment project area. No
4    redevelopment projects may be authorized by the
5    municipality under Standard Two of subsection (e) of this
6    Section unless the project plan also provides for an
7    employment training project that would prepare unemployed
8    workers for work in the industrial park conservation area,
9    and the project has been approved by official action of or
10    is to be operated by the local community college district,
11    public school district or state or locally designated
12    private industry council or successor agency.
13    (f) "Vacant industrial buildings conservation area" means
14an area containing one or more industrial buildings located
15within the corporate limits of the municipality that has been
16zoned industrial for at least 5 years before the designation
17of that area as a redevelopment project area by the
18municipality and is planned for reuse principally for
19industrial purposes. For the area to be designated as a vacant
20industrial buildings conservation area, the area shall also
21satisfy one of the following standards:
22        (1) Standard One: The area shall consist of one or
23    more industrial buildings totaling at least 50,000 net
24    square feet of industrial space, with a majority of the
25    total area of all the buildings having been vacant for at
26    least 18 months; and (A) the area is located in a labor

 

 

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1    surplus municipality or a substantial labor surplus
2    municipality, or (B) the equalized assessed value of the
3    properties within the area during the last 2 years is at
4    least 25% lower than the maximum equalized assessed value
5    of those properties during the immediately preceding 10
6    years.
7        (2) Standard Two: The area exclusively consists of
8    industrial buildings or a building complex operated by a
9    user or related users (A) that has within the immediately
10    preceding 5 years either (i) employed 200 or more
11    employees at that location, or (ii) if the area is located
12    in a municipality with a population of 12,000 or less,
13    employed more than 50 employees at that location and (B)
14    either is currently vacant, or the owner has: (i) directly
15    notified the municipality of the user's intention to
16    terminate operations at the facility or (ii) filed a
17    notice of closure under the Worker Adjustment and
18    Retraining Notification Act.
19    (g) "Labor surplus municipality" means a municipality in
20which, during the 4 calendar years immediately preceding the
21date the municipality by ordinance designates an industrial
22park conservation area, the average unemployment rate was 1%
23or more over the State average unemployment rate for that same
24period of time as published in the United States Department of
25Labor Bureau of Labor Statistics publication entitled "The
26Employment Situation" or its successor publication. For the

 

 

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

 

 

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1municipality is located; or (ii) for a municipality in an
2urban county, at that municipality's option, either the
3unemployment rate certified for the municipality by the
4Department after consultation with the Illinois Department of
5Labor or the federal Bureau of Labor Statistics, or the
6unemployment rate of the municipality as determined by the
7most recent federal census if that census was not dated more
8than 5 years prior to the date on which the determination is
9made.
10    (i) "Municipality" means a city, village or incorporated
11town.
12    (j) "Obligations" means bonds, loans, debentures, notes,
13special certificates or other evidence of indebtedness issued
14by the municipality to carry out a redevelopment project or to
15refund outstanding obligations.
16    (k) "Payment in lieu of taxes" means those estimated tax
17revenues from real property in a redevelopment project area
18derived from real property that has been acquired by a
19municipality, which according to the redevelopment project or
20plan are to be used for a private use, that taxing districts
21would have received had a municipality not acquired the real
22property and adopted tax increment allocation financing and
23that would result from levies made after the time of the
24adoption of tax increment allocation financing until the time
25the current equalized assessed value of real property in the
26redevelopment project area exceeds the total initial equalized

 

 

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1assessed value of real property in that area.
2    (l) "Redevelopment plan" means the comprehensive program
3of the municipality for development or redevelopment intended
4by the payment of redevelopment project costs to reduce or
5eliminate the conditions that qualified the redevelopment
6project area or redevelopment planning area, or both, as an
7environmentally contaminated area or industrial park
8conservation area, or vacant industrial buildings conservation
9area, or combination thereof, and thereby to enhance the tax
10bases of the taxing districts that extend into the
11redevelopment project area or redevelopment planning area. On
12and after the effective date of this amendatory Act of the 91st
13General Assembly, no redevelopment plan may be approved or
14amended to include the development of vacant land (i) with a
15golf course and related clubhouse and other facilities or (ii)
16designated by federal, State, county, or municipal government
17as public land for outdoor recreational activities or for
18nature preserves and used for that purpose within 5 years
19prior to the adoption of the redevelopment plan. For the
20purpose of this subsection, "recreational activities" is
21limited to mean camping and hunting. Each redevelopment plan
22must set forth in writing the bases for the municipal findings
23required in this subsection, the program to be undertaken to
24accomplish the objectives, including but not limited to: (1)
25an itemized list of estimated redevelopment project costs, (2)
26evidence indicating that the redevelopment project area or the

 

 

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1redevelopment planning area, or both, on the whole has not
2been subject to growth and development through investment by
3private enterprise, (3) (i) in the case of an environmentally
4contaminated area, industrial park conservation area, or a
5vacant industrial buildings conservation area classified under
6either Standard One, or Standard Two of subsection (f) where
7the building is currently vacant, evidence that implementation
8of the redevelopment plan is reasonably expected to create a
9significant number of permanent full time jobs, (ii) in the
10case of a vacant industrial buildings conservation area
11classified under Standard Two (B)(i) or (ii) of subsection
12(f), evidence that implementation of the redevelopment plan is
13reasonably expected to retain a significant number of existing
14permanent full time jobs, and (iii) in the case of a
15combination of an environmentally contaminated area,
16industrial park conservation area, or vacant industrial
17buildings conservation area, evidence that the standards
18concerning the creation or retention of jobs for each area set
19forth in (i) or (ii) above are met, (4) an assessment of the
20financial impact of the redevelopment project area or the
21redevelopment planning area, or both, on the overlapping
22taxing bodies or any increased demand for services from any
23taxing district affected by the plan and any program to
24address such financial impact or increased demand, (5) the
25sources of funds to pay costs, (6) the nature and term of the
26obligations to be issued, (7) the most recent equalized

 

 

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1assessed valuation of the redevelopment project area or the
2redevelopment planning area, or both, (8) an estimate of the
3equalized assessed valuation after redevelopment and the
4general land uses that are applied in the redevelopment
5project area or the redevelopment planning area, or both, (9)
6a commitment to fair employment practices and an affirmative
7action plan, (10) if it includes an industrial park
8conservation area, the following: (i) a general description of
9any proposed developer, (ii) user and tenant of any property,
10(iii) a description of the type, structure and general
11character of the facilities to be developed, and (iv) a
12description of the type, class and number of new employees to
13be employed in the operation of the facilities to be
14developed, (11) if it includes an environmentally contaminated
15area, the following: either (i) a determination of release or
16substantial threat of release of a hazardous substance or
17pesticide or of petroleum by the United States Environmental
18Protection Agency or the Illinois Environmental Protection
19Agency, or the Illinois Pollution Control Board or any court;
20or (ii) both an environmental audit report by a nationally
21recognized independent environmental auditor having a
22reputation for expertise in these matters and a copy of the
23signed Review and Evaluation Services Agreement indicating
24acceptance of the site by the Illinois Environmental
25Protection Agency into the Pre-Notice Site Cleanup Program,
26(12) if it includes a vacant industrial buildings conservation

 

 

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1area, the following: (i) a general description of any proposed
2developer, (ii) user and tenant of any building or buildings,
3(iii) a description of the type, structure and general
4character of the building or buildings to be developed, and
5(iv) a description of the type, class and number of new
6employees to be employed or existing employees to be retained
7in the operation of the building or buildings to be
8redeveloped, and (13) if property is to be annexed to the
9municipality, the terms of the annexation agreement.
10    No redevelopment plan shall be adopted by a municipality
11without findings that:
12        (1) the redevelopment project area or redevelopment
13    planning area, or both, on the whole has not been subject
14    to growth and development through investment by private
15    enterprise and would not reasonably be anticipated to be
16    developed in accordance with public goals stated in the
17    redevelopment plan without the adoption of the
18    redevelopment plan;
19        (2) the redevelopment plan and project conform to the
20    comprehensive plan for the development of the municipality
21    as a whole, or, for municipalities with a population of
22    100,000 or more, regardless of when the redevelopment plan
23    and project was adopted, the redevelopment plan and
24    project either: (i) conforms to the strategic economic
25    development or redevelopment plan issued by the designated
26    planning authority of the municipality or (ii) includes

 

 

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1    land uses that have been approved by the planning
2    commission of the municipality;
3        (3) that the redevelopment plan is reasonably expected
4    to create or retain a significant number of permanent full
5    time jobs as set forth in paragraph (3) of subsection (l)
6    above;
7        (4) the estimated date of completion of the
8    redevelopment project and retirement of obligations
9    incurred to finance redevelopment project costs is not
10    later than December 31 of the year in which the payment to
11    the municipal treasurer as provided in subsection (b) of
12    Section 11-74.6-35 is to be made with respect to ad
13    valorem taxes levied in the twenty-third calendar year
14    after the year in which the ordinance approving the
15    redevelopment project area is adopted; a municipality may
16    by municipal ordinance amend an existing redevelopment
17    plan to conform to this paragraph (4) as amended by this
18    amendatory Act of the 91st General Assembly concerning
19    ordinances adopted on or after January 15, 1981, which
20    municipal ordinance may be adopted without further hearing
21    or notice and without complying with the procedures
22    provided in this Law pertaining to an amendment to or the
23    initial approval of a redevelopment plan and project and
24    designation of a redevelopment project area;
25        (5) in the case of an industrial park conservation
26    area, that the municipality is a labor surplus

 

 

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1    municipality or a substantial labor surplus municipality
2    and that the implementation of the redevelopment plan is
3    reasonably expected to create a significant number of
4    permanent full time new jobs and, by the provision of new
5    facilities, significantly enhance the tax base of the
6    taxing districts that extend into the redevelopment
7    project area;
8        (6) in the case of an environmentally contaminated
9    area, that the area is subject to a release or substantial
10    threat of release of a hazardous substance, pesticide or
11    petroleum which presents an imminent and substantial
12    danger to public health or welfare or presents a
13    significant threat to public health or environment, that
14    such release or threat of release will have a significant
15    impact on the cost of redeveloping the area, that the
16    implementation of the redevelopment plan is reasonably
17    expected to result in the area being redeveloped, the tax
18    base of the affected taxing districts being significantly
19    enhanced thereby, and the creation of a significant number
20    of permanent full time jobs; and
21        (7) in the case of a vacant industrial buildings
22    conservation area, that the area is located within the
23    corporate limits of a municipality that has been zoned
24    industrial for at least 5 years before its designation as
25    a project redeveloped area, that it contains one or more
26    industrial buildings, and whether the area has been

 

 

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1    designated under Standard One or Standard Two of
2    subsection (f) and the basis for that designation.
3    (m) "Redevelopment project" means any public or private
4development project in furtherance of the objectives of a
5redevelopment plan. On and after the effective date of this
6amendatory Act of the 91st General Assembly, no redevelopment
7plan may be approved or amended to include the development of
8vacant land (i) with a golf course and related clubhouse and
9other facilities or (ii) designated by federal, State, county,
10or municipal government as public land for outdoor
11recreational activities or for nature preserves and used for
12that purpose within 5 years prior to the adoption of the
13redevelopment plan. For the purpose of this subsection,
14"recreational activities" is limited to mean camping and
15hunting.
16    (n) "Redevelopment project area" means a contiguous area
17designated by the municipality that is not less in the
18aggregate than 1 1/2 acres, and for which the municipality has
19made a finding that there exist conditions that cause the area
20to be classified as an industrial park conservation area, a
21vacant industrial building conservation area, an
22environmentally contaminated area or a combination of these
23types of areas. For purposes of this Division, parcels are
24contiguous if they touch or join one another in a reasonably
25substantial physical sense or if they meet the criteria for
26annexation to a municipality under Section 7-1-1 of this Code.

 

 

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1    The changes made by this amendatory Act of the 102nd
2General Assembly, are declarative of existing law and shall be
3applied retroactively when substantively applicable, including
4all pending actions without regard to when the cause of action
5accrued; however, this amendatory Act of the 102nd General
6Assembly does not affect the rights of any party that is
7subject to a final judgment entered pursuant to the opinion of
8the September 23, 2021 Illinois Supreme Court in Board of
9Education of Richland School District 88A v. City of Crest
10Hill, 2021 IL 126444.
11    (o) "Redevelopment project costs" means the sum total of
12all reasonable or necessary costs incurred or estimated to be
13incurred by the municipality, and any of those costs
14incidental to a redevelopment plan and a redevelopment
15project. These costs include, without limitation, the
16following:
17        (1) Costs of studies, surveys, development of plans,
18    and specifications, implementation and administration of
19    the redevelopment plan, staff and professional service
20    costs for architectural, engineering, legal, marketing,
21    financial, planning, or other services, but no charges for
22    professional services may be based on a percentage of the
23    tax increment collected; except that on and after the
24    effective date of this amendatory Act of the 91st General
25    Assembly, no contracts for professional services,
26    excluding architectural and engineering services, may be

 

 

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1    entered into if the terms of the contract extend beyond a
2    period of 3 years. In addition, "redevelopment project
3    costs" shall not include lobbying expenses. After
4    consultation with the municipality, each tax increment
5    consultant or advisor to a municipality that plans to
6    designate or has designated a redevelopment project area
7    shall inform the municipality in writing of any contracts
8    that the consultant or advisor has entered into with
9    entities or individuals that have received, or are
10    receiving, payments financed by tax increment revenues
11    produced by the redevelopment project area with respect to
12    which the consultant or advisor has performed, or will be
13    performing, service for the municipality. This requirement
14    shall be satisfied by the consultant or advisor before the
15    commencement of services for the municipality and
16    thereafter whenever any other contracts with those
17    individuals or entities are executed by the consultant or
18    advisor;
19        (1.5) After July 1, 1999, annual administrative costs
20    shall not include general overhead or administrative costs
21    of the municipality that would still have been incurred by
22    the municipality if the municipality had not designated a
23    redevelopment project area or approved a redevelopment
24    plan;
25        (1.6) The cost of marketing sites within the
26    redevelopment project area to prospective businesses,

 

 

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1    developers, and investors.
2        (2) Property assembly costs within a redevelopment
3    project area, including but not limited to acquisition of
4    land and other real or personal property or rights or
5    interests therein.
6        (3) Site preparation costs, including but not limited
7    to clearance of any area within a redevelopment project
8    area by demolition or removal of any existing buildings,
9    structures, fixtures, utilities and improvements and
10    clearing and grading; and including installation, repair,
11    construction, reconstruction, or relocation of public
12    streets, public utilities, and other public site
13    improvements within or without a redevelopment project
14    area which are essential to the preparation of the
15    redevelopment project area for use in accordance with a
16    redevelopment plan.
17        (4) Costs of renovation, rehabilitation,
18    reconstruction, relocation, repair or remodeling of any
19    existing public or private buildings, improvements, and
20    fixtures within a redevelopment project area; and the cost
21    of replacing an existing public building if pursuant to
22    the implementation of a redevelopment project the existing
23    public building is to be demolished to use the site for
24    private investment or devoted to a different use requiring
25    private investment.
26        (5) Costs of construction within a redevelopment

 

 

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1    project area of public improvements, including but not
2    limited to, buildings, structures, works, utilities or
3    fixtures, except that on and after the effective date of
4    this amendatory Act of the 91st General Assembly,
5    redevelopment project costs shall not include the cost of
6    constructing a new municipal public building principally
7    used to provide offices, storage space, or conference
8    facilities or vehicle storage, maintenance, or repair for
9    administrative, public safety, or public works personnel
10    and that is not intended to replace an existing public
11    building as provided under paragraph (4) unless either (i)
12    the construction of the new municipal building implements
13    a redevelopment project that was included in a
14    redevelopment plan that was adopted by the municipality
15    prior to the effective date of this amendatory Act of the
16    91st General Assembly or (ii) the municipality makes a
17    reasonable determination in the redevelopment plan,
18    supported by information that provides the basis for that
19    determination, that the new municipal building is required
20    to meet an increase in the need for public safety purposes
21    anticipated to result from the implementation of the
22    redevelopment plan.
23        (6) Costs of eliminating or removing contaminants and
24    other impediments required by federal or State
25    environmental laws, rules, regulations, and guidelines,
26    orders or other requirements or those imposed by private

 

 

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1    lending institutions as a condition for approval of their
2    financial support, debt or equity, for the redevelopment
3    projects, provided, however, that in the event (i) other
4    federal or State funds have been certified by an
5    administrative agency as adequate to pay these costs
6    during the 18 months after the adoption of the
7    redevelopment plan, or (ii) the municipality has been
8    reimbursed for such costs by persons legally responsible
9    for them, such federal, State, or private funds shall,
10    insofar as possible, be fully expended prior to the use of
11    any revenues deposited in the special tax allocation fund
12    of the municipality and any other such federal, State or
13    private funds received shall be deposited in the fund. The
14    municipality shall seek reimbursement of these costs from
15    persons legally responsible for these costs and the costs
16    of obtaining this reimbursement.
17        (7) Costs of job training and retraining projects.
18        (8) Financing costs, including but not limited to all
19    necessary and incidental expenses related to the issuance
20    of obligations and which may include payment of interest
21    on any obligations issued under this Act including
22    interest accruing during the estimated period of
23    construction of any redevelopment project for which the
24    obligations are issued and for not exceeding 36 months
25    thereafter and including reasonable reserves related to
26    those costs.

 

 

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1        (9) All or a portion of a taxing district's capital
2    costs resulting from the redevelopment project necessarily
3    incurred or to be incurred in furtherance of the
4    objectives of the redevelopment plan and project, to the
5    extent the municipality by written agreement accepts and
6    approves those costs.
7        (10) Relocation costs to the extent that a
8    municipality determines that relocation costs shall be
9    paid or is required to make payment of relocation costs by
10    federal or State law.
11        (11) Payments in lieu of taxes.
12        (12) Costs of job training, retraining, advanced
13    vocational education or career education, including but
14    not limited to courses in occupational, semi-technical or
15    technical fields leading directly to employment, incurred
16    by one or more taxing districts, if those costs are: (i)
17    related to the establishment and maintenance of additional
18    job training, advanced vocational education or career
19    education programs for persons employed or to be employed
20    by employers located in a redevelopment project area; and
21    (ii) are incurred by a taxing district or taxing districts
22    other than the municipality and are set forth in a written
23    agreement by or among the municipality and the taxing
24    district or taxing districts, which agreement describes
25    the program to be undertaken, including but not limited to
26    the number of employees to be trained, a description of

 

 

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1    the training and services to be provided, the number and
2    type of positions available or to be available, itemized
3    costs of the program and sources of funds to pay for the
4    same, and the term of the agreement. These costs include,
5    specifically, the payment by community college districts
6    of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the
7    Public Community College Act and by school districts of
8    costs under Sections 10-22.20a and 10-23.3a of the School
9    Code.
10        (13) The interest costs incurred by redevelopers or
11    other nongovernmental persons in connection with a
12    redevelopment project, and specifically including payments
13    to redevelopers or other nongovernmental persons as
14    reimbursement for such costs incurred by such redeveloper
15    or other nongovernmental person, provided that:
16            (A) interest costs shall be paid or reimbursed by
17        a municipality only pursuant to the prior official
18        action of the municipality evidencing an intent to pay
19        or reimburse such interest costs;
20            (B) such payments in any one year may not exceed
21        30% of the annual interest costs incurred by the
22        redeveloper with regard to the redevelopment project
23        during that year;
24            (C) except as provided in subparagraph (E), the
25        aggregate amount of such costs paid or reimbursed by a
26        municipality shall not exceed 30% of the total (i)

 

 

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1        costs paid or incurred by the redeveloper or other
2        nongovernmental person in that year plus (ii)
3        redevelopment project costs excluding any property
4        assembly costs and any relocation costs incurred by a
5        municipality pursuant to this Act;
6            (D) interest costs shall be paid or reimbursed by
7        a municipality solely from the special tax allocation
8        fund established pursuant to this Act and shall not be
9        paid or reimbursed from the proceeds of any
10        obligations issued by a municipality;
11            (E) if there are not sufficient funds available in
12        the special tax allocation fund in any year to make
13        such payment or reimbursement in full, any amount of
14        such interest cost remaining to be paid or reimbursed
15        by a municipality shall accrue and be payable when
16        funds are available in the special tax allocation fund
17        to make such payment.
18        (14) The costs of construction of new privately owned
19    buildings shall not be an eligible redevelopment project
20    cost.
21    If a special service area has been established under the
22Special Service Area Tax Act, then any tax increment revenues
23derived from the tax imposed thereunder to the Special Service
24Area Tax Act may be used within the redevelopment project area
25for the purposes permitted by that Act as well as the purposes
26permitted by this Act.

 

 

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1    (p) "Redevelopment Planning Area" means an area so
2designated by a municipality after the municipality has
3complied with all the findings and procedures required to
4establish a redevelopment project area, including the
5existence of conditions that qualify the area as an industrial
6park conservation area, or an environmentally contaminated
7area, or a vacant industrial buildings conservation area, or a
8combination of these types of areas, and adopted a
9redevelopment plan and project for the planning area and its
10included redevelopment project areas. The area shall not be
11designated as a redevelopment planning area for more than 5
12years, or 10 years in the case of a redevelopment planning area
13in the City of Rockford. At any time in the 5 years, or 10
14years in the case of the City of Rockford, following that
15designation of the redevelopment planning area, the
16municipality may designate the redevelopment planning area, or
17any portion of the redevelopment planning area, as a
18redevelopment project area without making additional findings
19or complying with additional procedures required for the
20creation of a redevelopment project area. An amendment of a
21redevelopment plan and project in accordance with the findings
22and procedures of this Act after the designation of a
23redevelopment planning area at any time within the 5 years
24after the designation of the redevelopment planning area, or
2510 years after the designation of the redevelopment planning
26area in the City of Rockford, shall not require new

 

 

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1qualification of findings for the redevelopment project area
2to be designated within the redevelopment planning area.
3    The terms "redevelopment plan", "redevelopment project",
4and "redevelopment project area" have the definitions set out
5in subsections (l), (m), and (n), respectively.
6    (q) "Taxing districts" means counties, townships,
7municipalities, and school, road, park, sanitary, mosquito
8abatement, forest preserve, public health, fire protection,
9river conservancy, tuberculosis sanitarium and any other
10municipal corporations or districts with the power to levy
11taxes.
12    (r) "Taxing districts' capital costs" means those costs of
13taxing districts for capital improvements that are found by
14the municipal corporate authorities to be necessary and a
15direct result of the redevelopment project.
16    (s) "Urban county" means a county with 240,000 or more
17inhabitants.
18    (t) "Vacant area", as used in subsection (a) of this
19Section, means any parcel or combination of parcels of real
20property without industrial, commercial and residential
21buildings that has not been used for commercial agricultural
22purposes within 5 years before the designation of the
23redevelopment project area, unless that parcel is included in
24an industrial park conservation area.
25(Source: P.A. 96-606, eff. 8-24-09.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

SB3106- 44 -LRB102 21404 AWJ 30520 b

1becoming law.