HB0595 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0595

 

Introduced 2/8/2021, by Rep. Tom Demmer

 

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 Business District Development and Redevelopment Law, the Tax Increment Allocation Redevelopment Act, and the Industrial Jobs Recovery Law of the Illinois Municipal Code. Provides that, for purposes of the respective Act and Laws, parcels are also contiguous if they touch or adjoin one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under a specified provision of the Illinois Municipal Code.


LRB102 10629 AWJ 15958 b

 

 

A BILL FOR

 

HB0595LRB102 10629 AWJ 15958 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. For purposes
23of this Division, parcels are also contiguous if they touch or

 

 

HB0595- 2 -LRB102 10629 AWJ 15958 b

1adjoin one another in a reasonably substantial physical sense
2or if they meet the criteria for annexation to a municipality
3under Section 7-1-1 of the Illinois Municipal Code. A business
4district may, but need not be, a blighted area, but no
5municipality shall be authorized to impose taxes pursuant to
6subsection (10) or (11) of Section 11-74.3-3 in a business
7district which has not been determined by ordinance to be a
8blighted area under this Law.
9    The changes made by this amendatory Act of the 102nd
10General Assembly are intended to be declaratory of existing
11law.
12    "Business district plan" shall mean the written plan for
13the development or redevelopment of a business district. Each
14business district plan shall set forth in writing: (i) a
15specific description of the boundaries of the proposed
16business district, including a map illustrating the
17boundaries; (ii) a general description of each project
18proposed to be undertaken within the business district,
19including a description of the approximate location of each
20project and a description of any developer, user, or tenant of
21any property to be located or improved within the proposed
22business district; (iii) the name of the proposed business
23district; (iv) the estimated business district project costs;
24(v) the anticipated source of funds to pay business district
25project costs; (vi) the anticipated type and terms of any
26obligations to be issued; and (vii) the rate of any tax to be

 

 

HB0595- 3 -LRB102 10629 AWJ 15958 b

1imposed pursuant to subsection (10) or (11) of Section
211-74.3-3 and the period of time for which the tax shall be
3imposed.
4    "Business district project costs" shall mean and include
5the sum total of all costs incurred by a municipality, other
6governmental entity, or nongovernmental person in connection
7with a business district, in the furtherance of a business
8district plan, including, without limitation, the following:
9        (1) costs of studies, surveys, development of plans
10    and specifications, implementation and administration of a
11    business district plan, and personnel and professional
12    service costs including architectural, engineering, legal,
13    marketing, financial, planning, or other professional
14    services, provided that no charges for professional
15    services may be based on a percentage of tax revenues
16    received by the municipality;
17        (2) property assembly costs, including but not limited
18    to, acquisition of land and other real or personal
19    property or rights or interests therein, and specifically
20    including payments to developers or other nongovernmental
21    persons as reimbursement for property assembly costs
22    incurred by that developer or other nongovernmental
23    person;
24        (3) site preparation costs, including but not limited
25    to clearance, demolition or removal of any existing
26    buildings, structures, fixtures, utilities, and

 

 

HB0595- 4 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 5 -LRB102 10629 AWJ 15958 b

1    of obligations, payment of any interest on any obligations
2    issued under this Law that accrues during the estimated
3    period of construction of any development or redevelopment
4    project for which those obligations are issued and for not
5    exceeding 36 months thereafter, and any reasonable
6    reserves related to the issuance of those obligations; and
7        (8) relocation costs to the extent that a municipality
8    determines that relocation costs shall be paid or is
9    required to make payment of relocation costs by federal or
10    State law.
11    "Business district tax allocation fund" means the special
12fund to be established by a municipality for a business
13district as provided in Section 11-74.3-6.
14    "Dissolution date" means the date on which the business
15district tax allocation fund shall be dissolved. The
16dissolution date shall be not later than 270 days following
17payment to the municipality of the last distribution of taxes
18as provided in Section 11-74.3-6.
19(Source: P.A. 99-452, eff. 1-1-16.)
 
20    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
21    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
22project areas. The changes made by this amendatory Act of the
2391st General Assembly do not apply to a municipality that, (i)
24before the effective date of this amendatory Act of the 91st
25General Assembly, has adopted an ordinance or resolution

 

 

HB0595- 6 -LRB102 10629 AWJ 15958 b

1fixing a time and place for a public hearing under Section
211-74.4-5 or (ii) before July 1, 1999, has adopted an
3ordinance or resolution providing for a feasibility study
4under Section 11-74.4-4.1, but has not yet adopted an
5ordinance approving redevelopment plans and redevelopment
6projects or designating redevelopment project areas under this
7Section, until after that municipality adopts an ordinance
8approving redevelopment plans and redevelopment projects or
9designating redevelopment project areas under this Section;
10thereafter the changes made by this amendatory Act of the 91st
11General Assembly apply to the same extent that they apply to
12redevelopment plans and redevelopment projects that were
13approved and redevelopment projects that were designated
14before the effective date of this amendatory Act of the 91st
15General Assembly.
16    A municipality may:
17        (a) By ordinance introduced in the governing body of
18    the municipality within 14 to 90 days from the completion
19    of the hearing specified in Section 11-74.4-5 approve
20    redevelopment plans and redevelopment projects, and
21    designate redevelopment project areas pursuant to notice
22    and hearing required by this Act. No redevelopment project
23    area shall be designated unless a plan and project are
24    approved prior to the designation of such area and such
25    area shall include only those contiguous parcels of real
26    property and improvements thereon substantially benefited

 

 

HB0595- 7 -LRB102 10629 AWJ 15958 b

1    by the proposed redevelopment project improvements. For
2    purposes of this Division, parcels are also contiguous if
3    they touch or adjoin one another in a reasonably
4    substantial physical sense or if they meet the criteria
5    for annexation to a municipality under Section 7-1-1 of
6    the Illinois Municipal Code. Upon adoption of the
7    ordinances, the municipality shall forthwith transmit to
8    the county clerk of the county or counties within which
9    the redevelopment project area is located a certified copy
10    of the ordinances, a legal description of the
11    redevelopment project area, a map of the redevelopment
12    project area, identification of the year that the county
13    clerk shall use for determining the total initial
14    equalized assessed value of the redevelopment project area
15    consistent with subsection (a) of Section 11-74.4-9, and a
16    list of the parcel or tax identification number of each
17    parcel of property included in the redevelopment project
18    area.
19        The changes made by this amendatory Act of the 102nd
20    General Assembly are intended to be declaratory of
21    existing law.
22        (b) Make and enter into all contracts with property
23    owners, developers, tenants, overlapping taxing bodies,
24    and others necessary or incidental to the implementation
25    and furtherance of its redevelopment plan and project.
26    Contract provisions concerning loan repayment obligations

 

 

HB0595- 8 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 9 -LRB102 10629 AWJ 15958 b

1    authorities of the municipality. Furthermore, no
2    conveyance, lease, mortgage, or other disposition of land
3    owned by a municipality or agreement relating to the
4    development of such municipal property shall be made
5    without making public disclosure of the terms of the
6    disposition and all bids and proposals made in response to
7    the municipality's request. The procedures for obtaining
8    such bids and proposals shall provide reasonable
9    opportunity for any person to submit alternative proposals
10    or bids.
11        (d) Within a redevelopment project area, clear any
12    area by demolition or removal of any existing buildings
13    and structures.
14        (e) Within a redevelopment project area, renovate or
15    rehabilitate or construct any structure or building, as
16    permitted under this Act.
17        (f) Install, repair, construct, reconstruct or
18    relocate streets, utilities and site improvements
19    essential to the preparation of the redevelopment area for
20    use in accordance with a redevelopment plan.
21        (g) Within a redevelopment project area, fix, charge
22    and collect fees, rents and charges for the use of any
23    building or property owned or leased by it or any part
24    thereof, or facility therein.
25        (h) Accept grants, guarantees and donations of
26    property, labor, or other things of value from a public or

 

 

HB0595- 10 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 11 -LRB102 10629 AWJ 15958 b

1    terms of 1, 2, 3, 4 and 5 years, respectively, in such
2    numbers as to provide that the terms of not more than 1/3
3    of all such members shall expire in any one year. Their
4    successors shall be appointed for a term of 5 years. The
5    commission, subject to approval of the corporate
6    authorities may exercise the powers enumerated in this
7    Section. The commission shall also have the power to hold
8    the public hearings required by this division and make
9    recommendations to the corporate authorities concerning
10    the adoption of redevelopment plans, redevelopment
11    projects and designation of redevelopment project areas.
12        (l) Make payment in lieu of taxes or a portion thereof
13    to taxing districts. If payments in lieu of taxes or a
14    portion thereof are made to taxing districts, those
15    payments shall be made to all districts within a project
16    redevelopment area on a basis which is proportional to the
17    current collections of revenue which each taxing district
18    receives from real property in the redevelopment project
19    area.
20        (m) Exercise any and all other powers necessary to
21    effectuate the purposes of this Act.
22        (n) If any member of the corporate authority, a member
23    of a commission established pursuant to Section
24    11-74.4-4(k) of this Act, or an employee or consultant of
25    the municipality involved in the planning and preparation
26    of a redevelopment plan, or project for a redevelopment

 

 

HB0595- 12 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 13 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 14 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 15 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 16 -LRB102 10629 AWJ 15958 b

1        revenues are received if the closest boundaries of the
2        redevelopment project areas that are separated by the
3        forest preserve property are less than one mile apart.
4        Utilize tax increment revenues for eligible costs that
5    are received from a redevelopment project area created
6    under the Industrial Jobs Recovery Law that is either
7    contiguous to, or is separated only by a public right of
8    way from, the redevelopment project area created under
9    this Act which initially receives these revenues. Utilize
10    revenues, other than State sales tax increment revenues,
11    by transferring or loaning such revenues to a
12    redevelopment project area created under the Industrial
13    Jobs Recovery Law that is either contiguous to, or
14    separated only by a public right of way from the
15    redevelopment project area that initially produced and
16    received those revenues; and, if the redevelopment project
17    area (i) was established before the effective date of this
18    amendatory Act of the 91st General Assembly and (ii) is
19    located within a municipality with a population of more
20    than 100,000, utilize revenues or proceeds of obligations
21    authorized by Section 11-74.4-7 of this Act, other than
22    use or occupation tax revenues, to pay for any
23    redevelopment project costs as defined by subsection (q)
24    of Section 11-74.4-3 to the extent that the redevelopment
25    project costs involve public property that is either
26    contiguous to, or separated only by a public right of way

 

 

HB0595- 17 -LRB102 10629 AWJ 15958 b

1    from, a redevelopment project area whether or not
2    redevelopment project costs or the source of payment for
3    the costs are specifically set forth in the redevelopment
4    plan for the redevelopment project area.
5        (r) If no redevelopment project has been initiated in
6    a redevelopment project area within 7 years after the area
7    was designated by ordinance under subsection (a), the
8    municipality shall adopt an ordinance repealing the area's
9    designation as a redevelopment project area; provided,
10    however, that if an area received its designation more
11    than 3 years before the effective date of this amendatory
12    Act of 1994 and no redevelopment project has been
13    initiated within 4 years after the effective date of this
14    amendatory Act of 1994, the municipality shall adopt an
15    ordinance repealing its designation as a redevelopment
16    project area. Initiation of a redevelopment project shall
17    be evidenced by either a signed redevelopment agreement or
18    expenditures on eligible redevelopment project costs
19    associated with a redevelopment project.
20        Notwithstanding any other provision of this Section to
21    the contrary, with respect to a redevelopment project area
22    designated by an ordinance that was adopted on July 29,
23    1998 by the City of Chicago, the City of Chicago shall
24    adopt an ordinance repealing the area's designation as a
25    redevelopment project area if no redevelopment project has
26    been initiated in the redevelopment project area within 15

 

 

HB0595- 18 -LRB102 10629 AWJ 15958 b

1    years after the designation of the area. The City of
2    Chicago may retroactively repeal any ordinance adopted by
3    the City of Chicago, pursuant to this subsection (r), that
4    repealed the designation of a redevelopment project area
5    designated by an ordinance that was adopted by the City of
6    Chicago on July 29, 1998. The City of Chicago has 90 days
7    after the effective date of this amendatory Act to repeal
8    the ordinance. The changes to this Section made by this
9    amendatory Act of the 96th General Assembly apply
10    retroactively to July 27, 2005.
11(Source: P.A. 99-792, eff. 8-12-16.)
 
12    (65 ILCS 5/11-74.6-10)
13    Sec. 11-74.6-10. Definitions.
14    (a) "Environmentally contaminated area" means any improved
15or vacant area within the boundaries of a redevelopment
16project area located within the corporate limits of a
17municipality when, (i) there has been a determination of
18release or substantial threat of release of a hazardous
19substance or pesticide, by the United States Environmental
20Protection Agency or the Illinois Environmental Protection
21Agency, or the Illinois Pollution Control Board, or any court,
22or a release or substantial threat of release which is
23addressed as part of the Pre-Notice Site Cleanup Program under
24Section 22.2(m) of the Illinois Environmental Protection Act,
25or a release or substantial threat of release of petroleum

 

 

HB0595- 19 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 20 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 21 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 22 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 23 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 24 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 25 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 26 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 27 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 28 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 29 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 30 -LRB102 10629 AWJ 15958 b

1        (2) the redevelopment plan and project conform to the
2    comprehensive plan for the development of the municipality
3    as a whole, or, for municipalities with a population of
4    100,000 or more, regardless of when the redevelopment plan
5    and project was adopted, the redevelopment plan and
6    project either: (i) conforms to the strategic economic
7    development or redevelopment plan issued by the designated
8    planning authority of the municipality or (ii) includes
9    land uses that have been approved by the planning
10    commission of the municipality;
11        (3) that the redevelopment plan is reasonably expected
12    to create or retain a significant number of permanent full
13    time jobs as set forth in paragraph (3) of subsection (l)
14    above;
15        (4) the estimated date of completion of the
16    redevelopment project and retirement of obligations
17    incurred to finance redevelopment project costs is not
18    later than December 31 of the year in which the payment to
19    the municipal treasurer as provided in subsection (b) of
20    Section 11-74.6-35 is to be made with respect to ad
21    valorem taxes levied in the twenty-third calendar year
22    after the year in which the ordinance approving the
23    redevelopment project area is adopted; a municipality may
24    by municipal ordinance amend an existing redevelopment
25    plan to conform to this paragraph (4) as amended by this
26    amendatory Act of the 91st General Assembly concerning

 

 

HB0595- 31 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 32 -LRB102 10629 AWJ 15958 b

1    enhanced thereby, and the creation of a significant number
2    of permanent full time jobs; and
3        (7) in the case of a vacant industrial buildings
4    conservation area, that the area is located within the
5    corporate limits of a municipality that has been zoned
6    industrial for at least 5 years before its designation as
7    a project redeveloped area, that it contains one or more
8    industrial buildings, and whether the area has been
9    designated under Standard One or Standard Two of
10    subsection (f) and the basis for that designation.
11    (m) "Redevelopment project" means any public or private
12development project in furtherance of the objectives of a
13redevelopment plan. On and after the effective date of this
14amendatory Act of the 91st General Assembly, no redevelopment
15plan may be approved or amended to include the development of
16vacant land (i) with a golf course and related clubhouse and
17other facilities or (ii) designated by federal, State, county,
18or municipal government as public land for outdoor
19recreational activities or for nature preserves and used for
20that purpose within 5 years prior to the adoption of the
21redevelopment plan. For the purpose of this subsection,
22"recreational activities" is limited to mean camping and
23hunting.
24    (n) "Redevelopment project area" means a contiguous area
25designated by the municipality that is not less in the
26aggregate than 1 1/2 acres, and for which the municipality has

 

 

HB0595- 33 -LRB102 10629 AWJ 15958 b

1made a finding that there exist conditions that cause the area
2to be classified as an industrial park conservation area, a
3vacant industrial building conservation area, an
4environmentally contaminated area or a combination of these
5types of areas. For purposes of this Division, parcels are
6also contiguous if they touch or adjoin one another in a
7reasonably substantial physical sense or if they meet the
8criteria for annexation to a municipality under Section 7-1-1
9of the Illinois Municipal Code.
10    The changes made by this amendatory Act of the 102nd
11General Assembly are intended to be declaratory of existing
12law.
13    (o) "Redevelopment project costs" means the sum total of
14all reasonable or necessary costs incurred or estimated to be
15incurred by the municipality, and any of those costs
16incidental to a redevelopment plan and a redevelopment
17project. These costs include, without limitation, the
18following:
19        (1) Costs of studies, surveys, development of plans,
20    and specifications, implementation and administration of
21    the redevelopment plan, staff and professional service
22    costs for architectural, engineering, legal, marketing,
23    financial, planning, or other services, but no charges for
24    professional services may be based on a percentage of the
25    tax increment collected; except that on and after the
26    effective date of this amendatory Act of the 91st General

 

 

HB0595- 34 -LRB102 10629 AWJ 15958 b

1    Assembly, no contracts for professional services,
2    excluding architectural and engineering services, may be
3    entered into if the terms of the contract extend beyond a
4    period of 3 years. In addition, "redevelopment project
5    costs" shall not include lobbying expenses. After
6    consultation with the municipality, each tax increment
7    consultant or advisor to a municipality that plans to
8    designate or has designated a redevelopment project area
9    shall inform the municipality in writing of any contracts
10    that the consultant or advisor has entered into with
11    entities or individuals that have received, or are
12    receiving, payments financed by tax increment revenues
13    produced by the redevelopment project area with respect to
14    which the consultant or advisor has performed, or will be
15    performing, service for the municipality. This requirement
16    shall be satisfied by the consultant or advisor before the
17    commencement of services for the municipality and
18    thereafter whenever any other contracts with those
19    individuals or entities are executed by the consultant or
20    advisor;
21        (1.5) After July 1, 1999, annual administrative costs
22    shall not include general overhead or administrative costs
23    of the municipality that would still have been incurred by
24    the municipality if the municipality had not designated a
25    redevelopment project area or approved a redevelopment
26    plan;

 

 

HB0595- 35 -LRB102 10629 AWJ 15958 b

1        (1.6) The cost of marketing sites within the
2    redevelopment project area to prospective businesses,
3    developers, and investors.
4        (2) Property assembly costs within a redevelopment
5    project area, including but not limited to acquisition of
6    land and other real or personal property or rights or
7    interests therein.
8        (3) Site preparation costs, including but not limited
9    to clearance of any area within a redevelopment project
10    area by demolition or removal of any existing buildings,
11    structures, fixtures, utilities and improvements and
12    clearing and grading; and including installation, repair,
13    construction, reconstruction, or relocation of public
14    streets, public utilities, and other public site
15    improvements within or without a redevelopment project
16    area which are essential to the preparation of the
17    redevelopment project area for use in accordance with a
18    redevelopment plan.
19        (4) Costs of renovation, rehabilitation,
20    reconstruction, relocation, repair or remodeling of any
21    existing public or private buildings, improvements, and
22    fixtures within a redevelopment project area; and the cost
23    of replacing an existing public building if pursuant to
24    the implementation of a redevelopment project the existing
25    public building is to be demolished to use the site for
26    private investment or devoted to a different use requiring

 

 

HB0595- 36 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 37 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 38 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 39 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 40 -LRB102 10629 AWJ 15958 b

1        aggregate amount of such costs paid or reimbursed by a
2        municipality shall not exceed 30% of the total (i)
3        costs paid or incurred by the redeveloper or other
4        nongovernmental person in that year plus (ii)
5        redevelopment project costs excluding any property
6        assembly costs and any relocation costs incurred by a
7        municipality pursuant to this Act;
8            (D) interest costs shall be paid or reimbursed by
9        a municipality solely from the special tax allocation
10        fund established pursuant to this Act and shall not be
11        paid or reimbursed from the proceeds of any
12        obligations issued by a municipality;
13            (E) if there are not sufficient funds available in
14        the special tax allocation fund in any year to make
15        such payment or reimbursement in full, any amount of
16        such interest cost remaining to be paid or reimbursed
17        by a municipality shall accrue and be payable when
18        funds are available in the special tax allocation fund
19        to make such payment.
20        (14) The costs of construction of new privately owned
21    buildings shall not be an eligible redevelopment project
22    cost.
23    If a special service area has been established under the
24Special Service Area Tax Act, then any tax increment revenues
25derived from the tax imposed thereunder to the Special Service
26Area Tax Act may be used within the redevelopment project area

 

 

HB0595- 41 -LRB102 10629 AWJ 15958 b

1for the purposes permitted by that Act as well as the purposes
2permitted by this Act.
3    (p) "Redevelopment Planning Area" means an area so
4designated by a municipality after the municipality has
5complied with all the findings and procedures required to
6establish a redevelopment project area, including the
7existence of conditions that qualify the area as an industrial
8park conservation area, or an environmentally contaminated
9area, or a vacant industrial buildings conservation area, or a
10combination of these types of areas, and adopted a
11redevelopment plan and project for the planning area and its
12included redevelopment project areas. The area shall not be
13designated as a redevelopment planning area for more than 5
14years, or 10 years in the case of a redevelopment planning area
15in the City of Rockford. At any time in the 5 years, or 10
16years in the case of the City of Rockford, following that
17designation of the redevelopment planning area, the
18municipality may designate the redevelopment planning area, or
19any portion of the redevelopment planning area, as a
20redevelopment project area without making additional findings
21or complying with additional procedures required for the
22creation of a redevelopment project area. An amendment of a
23redevelopment plan and project in accordance with the findings
24and procedures of this Act after the designation of a
25redevelopment planning area at any time within the 5 years
26after the designation of the redevelopment planning area, or

 

 

HB0595- 42 -LRB102 10629 AWJ 15958 b

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

 

 

HB0595- 43 -LRB102 10629 AWJ 15958 b

1(Source: P.A. 96-606, eff. 8-24-09.)