102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2298

 

Introduced 2/26/2021, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-74.4-3  from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-3.5
65 ILCS 5/11-74.4-5  from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-7  from Ch. 24, par. 11-74.4-7

    Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Adds two factors to the determination of a "blighted area" for improved, industrial, commercial, and residential buildings or improvements: (i) if the redevelopment project area has had an annual average unemployment rate of at least 120% of the State's annual average unemployment rate; and (ii) if the redevelopment project area has a poverty rate of at least 20%, 50% or more of children in the redevelopment project area participate in the federal free lunch program, or 20% or more households in the redevelopment project area receive food stamps. Removes or modifies various factors from the definitions of "blighted area" and "conservation area" for improved and vacant areas. Provides that a new redevelopment project shall have a completion date no later than December 31st of the 10th year after the ordinance was adopted (rather than the 23rd year) and may be extended to 15 years (rather than 35 years). Provides that the joint review board and municipality shall approve surplus funds and extensions of redevelopment project area completion dates. Provides that surplus funds shall be distributed annually within 90 days (rather than 180 days) after the close of a municipality's fiscal year. Provides that a new or modified redevelopment project area that overlaps with any existing redevelopment project area shall not be approved. Effective July 1, 2021.


LRB102 17272 AWJ 22744 b

 

 

A BILL FOR

 

SB2298LRB102 17272 AWJ 22744 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 11-74.4-3, 11-74.4-3.5, 11-74.4-5, and
611-74.4-7 as follows:
 
7    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
8    Sec. 11-74.4-3. Definitions. The following terms, wherever
9used or referred to in this Division 74.4 shall have the
10following respective meanings, unless in any case a different
11meaning clearly appears from the context.
12    (a) For any redevelopment project area that has been
13designated pursuant to this Section by an ordinance adopted
14prior to July 1, 2021 November 1, 1999 (the effective date of
15Public Act 91-478), "blighted area" shall have the meaning set
16forth in this Section prior to that date.
17    On and after July 1, 2021 November 1, 1999, "blighted
18area" means any improved or vacant area within the boundaries
19of a redevelopment project area located within the territorial
20limits of the municipality where:
21        (1) If improved, industrial, commercial, and
22    residential buildings or improvements are detrimental to
23    the public safety, health, or welfare because of a

 

 

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1    combination of 5 or more of the following factors, each of
2    which is (i) present, with that presence documented, to a
3    meaningful extent so that a municipality may reasonably
4    find that the factor is clearly present within the intent
5    of the Act and (ii) reasonably distributed throughout the
6    improved part of the redevelopment project area:
7            (A) (Blank). Dilapidation. An advanced state of
8        disrepair or neglect of necessary repairs to the
9        primary structural components of buildings or
10        improvements in such a combination that a documented
11        building condition analysis determines that major
12        repair is required or the defects are so serious and so
13        extensive that the buildings must be removed.
14            (B) Obsolescence. The condition or process of
15        falling into disuse. Structures have become ill-suited
16        for the original use.
17            (C) (Blank). Deterioration. With respect to
18        buildings, defects including, but not limited to,
19        major defects in the secondary building components
20        such as doors, windows, porches, gutters and
21        downspouts, and fascia. With respect to surface
22        improvements, that the condition of roadways, alleys,
23        curbs, gutters, sidewalks, off-street parking, and
24        surface storage areas evidence deterioration,
25        including, but not limited to, surface cracking,
26        crumbling, potholes, depressions, loose paving

 

 

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1        material, and weeds protruding through paved surfaces.
2            (D) (Blank). Presence of structures below minimum
3        code standards. All structures that do not meet the
4        standards of zoning, subdivision, building, fire, and
5        other governmental codes applicable to property, but
6        not including housing and property maintenance codes.
7            (E) Illegal use of individual structures. The use
8        of structures in violation of applicable federal,
9        State, or local laws, exclusive of those applicable to
10        the presence of structures below minimum code
11        standards.
12            (F) (Blank). Excessive vacancies. The presence of
13        buildings that are unoccupied or under-utilized and
14        that represent an adverse influence on the area
15        because of the frequency, extent, or duration of the
16        vacancies.
17            (G) (Blank). Lack of ventilation, light, or
18        sanitary facilities. The absence of adequate
19        ventilation for light or air circulation in spaces or
20        rooms without windows, or that require the removal of
21        dust, odor, gas, smoke, or other noxious airborne
22        materials. Inadequate natural light and ventilation
23        means the absence of skylights or windows for interior
24        spaces or rooms and improper window sizes and amounts
25        by room area to window area ratios. Inadequate
26        sanitary facilities refers to the absence or

 

 

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1        inadequacy of garbage storage and enclosure, bathroom
2        facilities, hot water and kitchens, and structural
3        inadequacies preventing ingress and egress to and from
4        all rooms and units within a building.
5            (H) Inadequate utilities. Underground and overhead
6        utilities such as storm sewers and storm drainage,
7        sanitary sewers, water lines, and gas, telephone, and
8        electrical services that are shown to be inadequate.
9        Inadequate utilities are those that are: (i) of
10        insufficient capacity to serve the uses in the
11        redevelopment project area, (ii) deteriorated,
12        antiquated, obsolete, or in disrepair, or (iii)
13        lacking within the redevelopment project area.
14            (I) Excessive land coverage and overcrowding of
15        structures and community facilities. The
16        over-intensive use of property and the crowding of
17        buildings and accessory facilities onto a site.
18        Examples of problem conditions warranting the
19        designation of an area as one exhibiting excessive
20        land coverage are: (i) the presence of buildings
21        either improperly situated on parcels or located on
22        parcels of inadequate size and shape in relation to
23        present-day standards of development for health and
24        safety and (ii) the presence of multiple buildings on
25        a single parcel. For there to be a finding of excessive
26        land coverage, these parcels must exhibit one or more

 

 

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1        of the following conditions: insufficient provision
2        for light and air within or around buildings,
3        increased threat of spread of fire due to the close
4        proximity of buildings, lack of adequate or proper
5        access to a public right-of-way, lack of reasonably
6        required off-street parking, or inadequate provision
7        for loading and service.
8            (J) (Blank). Deleterious land use or layout. The
9        existence of incompatible land-use relationships,
10        buildings occupied by inappropriate mixed-uses, or
11        uses considered to be noxious, offensive, or
12        unsuitable for the surrounding area.
13            (K) Environmental clean-up. The proposed
14        redevelopment project area has incurred Illinois
15        Environmental Protection Agency or United States
16        Environmental Protection Agency remediation costs for,
17        or a study conducted by an independent consultant
18        recognized as having expertise in environmental
19        remediation has determined a need for, the clean-up of
20        hazardous waste, hazardous substances, or underground
21        storage tanks required by State or federal law,
22        provided that the remediation costs constitute a
23        material impediment to the development or
24        redevelopment of the redevelopment project area.
25            (L) (Blank). Lack of community planning. The
26        proposed redevelopment project area was developed

 

 

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1        prior to or without the benefit or guidance of a
2        community plan. This means that the development
3        occurred prior to the adoption by the municipality of
4        a comprehensive or other community plan or that the
5        plan was not followed at the time of the area's
6        development. This factor must be documented by
7        evidence of adverse or incompatible land-use
8        relationships, inadequate street layout, improper
9        subdivision, parcels of inadequate shape and size to
10        meet contemporary development standards, or other
11        evidence demonstrating an absence of effective
12        community planning.
13            (M) The total equalized assessed value of the
14        proposed redevelopment project area has declined for 3
15        of the last 5 calendar years prior to the year in which
16        the redevelopment project area is designated. or is
17        increasing at an annual rate that is less than the
18        balance of the municipality for 3 of the last 5
19        calendar years for which information is available or
20        is increasing at an annual rate that is less than the
21        Consumer Price Index for All Urban Consumers published
22        by the United States Department of Labor or successor
23        agency for 3 of the last 5 calendar years prior to the
24        year in which the redevelopment project area is
25        designated.
26            (N) The proposed redevelopment project area has

 

 

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1        had an annual average unemployment rate of at least
2        120% of the State's annual average unemployment rate
3        for the most recent calendar year that immediately
4        preceded the calendar year last reported by the
5        Department of Employment Security.
6            (O) The proposed redevelopment project area has a
7        poverty rate of at least: 20% according to the latest
8        federal decennial census; 50% or more of children in
9        the proposed redevelopment project area participate in
10        the federal free lunch program according to reported
11        statistics from the State Board of Education; or 20%
12        or more households in the proposed redevelopment
13        project area receive food stamps according to the
14        latest federal decennial census.
15        (2) If vacant, the sound growth of the redevelopment
16    project area is impaired by a combination of 2 or more of
17    the following factors, each of which is (i) present, with
18    that presence documented, to a meaningful extent so that a
19    municipality may reasonably find that the factor is
20    clearly present within the intent of the Act and (ii)
21    reasonably distributed throughout the vacant part of the
22    redevelopment project area to which it pertains:
23            (A) (Blank). Obsolete platting of vacant land that
24        results in parcels of limited or narrow size or
25        configurations of parcels of irregular size or shape
26        that would be difficult to develop on a planned basis

 

 

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1        and in a manner compatible with contemporary standards
2        and requirements, or platting that failed to create
3        rights-of-ways for streets or alleys or that created
4        inadequate right-of-way widths for streets, alleys, or
5        other public rights-of-way or that omitted easements
6        for public utilities.
7            (B) (Blank). Diversity of ownership of parcels of
8        vacant land sufficient in number to retard or impede
9        the ability to assemble the land for development.
10            (C) Tax and special assessment delinquencies exist
11        or the property has been the subject of tax sales under
12        the Property Tax Code within the last 5 years.
13            (D) (Blank). Deterioration of structures or site
14        improvements in neighboring areas adjacent to the
15        vacant land.
16            (E) The area has incurred Illinois Environmental
17        Protection Agency or United States Environmental
18        Protection Agency remediation costs for, or a study
19        conducted by an independent consultant recognized as
20        having expertise in environmental remediation has
21        determined a need for, the clean-up of hazardous
22        waste, hazardous substances, or underground storage
23        tanks required by State or federal law, provided that
24        the remediation costs constitute a material impediment
25        to the development or redevelopment of the
26        redevelopment project area.

 

 

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1            (F) The total equalized assessed value of the
2        proposed redevelopment project area has declined for 3
3        of the last 5 calendar years prior to the year in which
4        the redevelopment project area is designated. or is
5        increasing at an annual rate that is less than the
6        balance of the municipality for 3 of the last 5
7        calendar years for which information is available or
8        is increasing at an annual rate that is less than the
9        Consumer Price Index for All Urban Consumers published
10        by the United States Department of Labor or successor
11        agency for 3 of the last 5 calendar years prior to the
12        year in which the redevelopment project area is
13        designated.
14        (3) If vacant, the sound growth of the redevelopment
15    project area is impaired by one of the following factors
16    that (i) is present, with that presence documented, to a
17    meaningful extent so that a municipality may reasonably
18    find that the factor is clearly present within the intent
19    of the Act and (ii) is reasonably distributed throughout
20    the vacant part of the redevelopment project area to which
21    it pertains:
22            (A) The area consists of one or more unused
23        quarries, mines, or strip mine ponds.
24            (B) The area consists of unused rail yards, rail
25        tracks, or railroad rights-of-way.
26            (C) The area, prior to its designation, is subject

 

 

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1        to (i) chronic flooding that adversely impacts on real
2        property in the area as certified by a registered
3        professional engineer or appropriate regulatory agency
4        or (ii) surface water that discharges from all or a
5        part of the area and contributes to flooding within
6        the same watershed, but only if the redevelopment
7        project provides for facilities or improvements to
8        contribute to the alleviation of all or part of the
9        flooding.
10            (D) The area consists of an unused or illegal
11        disposal site containing earth, stone, building
12        debris, or similar materials that were removed from
13        construction, demolition, excavation, or dredge sites.
14            (E) Prior to November 1, 1999, the area is not less
15        than 50 nor more than 100 acres and 75% of which is
16        vacant (notwithstanding that the area has been used
17        for commercial agricultural purposes within 5 years
18        prior to the designation of the redevelopment project
19        area), and the area meets at least one of the factors
20        itemized in paragraph (1) of this subsection, the area
21        has been designated as a town or village center by
22        ordinance or comprehensive plan adopted prior to
23        January 1, 1982, and the area has not been developed
24        for that designated purpose.
25            (F) (Blank). The area qualified as a blighted
26        improved area immediately prior to becoming vacant,

 

 

SB2298- 11 -LRB102 17272 AWJ 22744 b

1        unless there has been substantial private investment
2        in the immediately surrounding area.
3    (b) For any redevelopment project area that has been
4designated pursuant to this Section by an ordinance adopted
5prior to July 1, 2021 November 1, 1999 (the effective date of
6Public Act 91-478), "conservation area" shall have the meaning
7set forth in this Section prior to that date.
8    On and after July 1, 2021 November 1, 1999, "conservation
9area" means any improved area within the boundaries of a
10redevelopment project area located within the territorial
11limits of the municipality in which 50% or more of the
12structures in the area have an age of 35 years or more. Such an
13area is not yet a blighted area but because of a combination of
143 or more of the following factors is detrimental to the public
15safety, health, morals or welfare and such an area may become a
16blighted area:
17        (1) (Blank). Dilapidation. An advanced state of
18    disrepair or neglect of necessary repairs to the primary
19    structural components of buildings or improvements in such
20    a combination that a documented building condition
21    analysis determines that major repair is required or the
22    defects are so serious and so extensive that the buildings
23    must be removed.
24        (2) Obsolescence. The condition or process of falling
25    into disuse. Structures have become ill-suited for the
26    original use.

 

 

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1        (3) (Blank). Deterioration. With respect to buildings,
2    defects including, but not limited to, major defects in
3    the secondary building components such as doors, windows,
4    porches, gutters and downspouts, and fascia. With respect
5    to surface improvements, that the condition of roadways,
6    alleys, curbs, gutters, sidewalks, off-street parking, and
7    surface storage areas evidence deterioration, including,
8    but not limited to, surface cracking, crumbling, potholes,
9    depressions, loose paving material, and weeds protruding
10    through paved surfaces.
11        (4) (Blank). Presence of structures below minimum code
12    standards. All structures that do not meet the standards
13    of zoning, subdivision, building, fire, and other
14    governmental codes applicable to property, but not
15    including housing and property maintenance codes.
16        (5) Illegal use of individual structures. The use of
17    structures in violation of applicable federal, State, or
18    local laws, exclusive of those applicable to the presence
19    of structures below minimum code standards.
20        (6) (Blank). Excessive vacancies. The presence of
21    buildings that are unoccupied or under-utilized and that
22    represent an adverse influence on the area because of the
23    frequency, extent, or duration of the vacancies.
24        (7) (Blank). Lack of ventilation, light, or sanitary
25    facilities. The absence of adequate ventilation for light
26    or air circulation in spaces or rooms without windows, or

 

 

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1    that require the removal of dust, odor, gas, smoke, or
2    other noxious airborne materials. Inadequate natural light
3    and ventilation means the absence or inadequacy of
4    skylights or windows for interior spaces or rooms and
5    improper window sizes and amounts by room area to window
6    area ratios. Inadequate sanitary facilities refers to the
7    absence or inadequacy of garbage storage and enclosure,
8    bathroom facilities, hot water and kitchens, and
9    structural inadequacies preventing ingress and egress to
10    and from all rooms and units within a building.
11        (8) Inadequate utilities. Underground and overhead
12    utilities such as storm sewers and storm drainage,
13    sanitary sewers, water lines, and gas, telephone, and
14    electrical services that are shown to be inadequate.
15    Inadequate utilities are those that are: (i) of
16    insufficient capacity to serve the uses in the
17    redevelopment project area, (ii) deteriorated, antiquated,
18    obsolete, or in disrepair, or (iii) lacking within the
19    redevelopment project area.
20        (9) Excessive land coverage and overcrowding of
21    structures and community facilities. The over-intensive
22    use of property and the crowding of buildings and
23    accessory facilities onto a site. Examples of problem
24    conditions warranting the designation of an area as one
25    exhibiting excessive land coverage are: the presence of
26    buildings either improperly situated on parcels or located

 

 

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1    on parcels of inadequate size and shape in relation to
2    present-day standards of development for health and safety
3    and the presence of multiple buildings on a single parcel.
4    For there to be a finding of excessive land coverage,
5    these parcels must exhibit one or more of the following
6    conditions: insufficient provision for light and air
7    within or around buildings, increased threat of spread of
8    fire due to the close proximity of buildings, lack of
9    adequate or proper access to a public right-of-way, lack
10    of reasonably required off-street parking, or inadequate
11    provision for loading and service.
12        (10) (Blank). Deleterious land use or layout. The
13    existence of incompatible land-use relationships,
14    buildings occupied by inappropriate mixed-uses, or uses
15    considered to be noxious, offensive, or unsuitable for the
16    surrounding area.
17        (11) (Blank). Lack of community planning. The proposed
18    redevelopment project area was developed prior to or
19    without the benefit or guidance of a community plan. This
20    means that the development occurred prior to the adoption
21    by the municipality of a comprehensive or other community
22    plan or that the plan was not followed at the time of the
23    area's development. This factor must be documented by
24    evidence of adverse or incompatible land-use
25    relationships, inadequate street layout, improper
26    subdivision, parcels of inadequate shape and size to meet

 

 

SB2298- 15 -LRB102 17272 AWJ 22744 b

1    contemporary development standards, or other evidence
2    demonstrating an absence of effective community planning.
3        (12) The area has incurred Illinois Environmental
4    Protection Agency or United States Environmental
5    Protection Agency remediation costs for, or a study
6    conducted by an independent consultant recognized as
7    having expertise in environmental remediation has
8    determined a need for, the clean-up of hazardous waste,
9    hazardous substances, or underground storage tanks
10    required by State or federal law, provided that the
11    remediation costs constitute a material impediment to the
12    development or redevelopment of the redevelopment project
13    area.
14        (13) The total equalized assessed value of the
15    proposed redevelopment project area has declined for 3 of
16    the last 5 calendar years for which information is
17    available. or is increasing at an annual rate that is less
18    than the balance of the municipality for 3 of the last 5
19    calendar years for which information is available or is
20    increasing at an annual rate that is less than the
21    Consumer Price Index for All Urban Consumers published by
22    the United States Department of Labor or successor agency
23    for 3 of the last 5 calendar years for which information is
24    available.
25    (c) "Industrial park" means an area in a blighted or
26conservation area suitable for use by any manufacturing,

 

 

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1industrial, research or transportation enterprise, of
2facilities to include but not be limited to factories, mills,
3processing plants, assembly plants, packing plants,
4fabricating plants, industrial distribution centers,
5warehouses, repair overhaul or service facilities, freight
6terminals, research facilities, test facilities or railroad
7facilities.
8    (d) "Industrial park conservation area" means an area
9within the boundaries of a redevelopment project area located
10within the territorial limits of a municipality that is a
11labor surplus municipality or within 1 1/2 miles of the
12territorial limits of a municipality that is a labor surplus
13municipality if the area is annexed to the municipality; which
14area is zoned as industrial no later than at the time the
15municipality by ordinance designates the redevelopment project
16area, and which area includes both vacant land suitable for
17use as an industrial park and a blighted area or conservation
18area contiguous to such vacant land.
19    (e) "Labor surplus municipality" means a municipality in
20which, at any time during the 6 months before the municipality
21by ordinance designates an industrial park conservation area,
22the unemployment rate was over 6% and was also 100% or more of
23the national average unemployment rate for that same time as
24published in the United States Department of Labor Bureau of
25Labor Statistics publication entitled "The Employment
26Situation" or its successor publication. For the purpose of

 

 

SB2298- 17 -LRB102 17272 AWJ 22744 b

1this subsection, if unemployment rate statistics for the
2municipality are not available, the unemployment rate in the
3municipality shall be deemed to be the same as the
4unemployment rate in the principal county in which the
5municipality is located.
6    (f) "Municipality" shall mean a city, village,
7incorporated town, or a township that is located in the
8unincorporated portion of a county with 3 million or more
9inhabitants, if the county adopted an ordinance that approved
10the township's redevelopment plan.
11    (g) "Initial Sales Tax Amounts" means the amount of taxes
12paid under the Retailers' Occupation Tax Act, Use Tax Act,
13Service Use Tax Act, the Service Occupation Tax Act, the
14Municipal Retailers' Occupation Tax Act, and the Municipal
15Service Occupation Tax Act by retailers and servicemen on
16transactions at places located in a State Sales Tax Boundary
17during the calendar year 1985.
18    (g-1) "Revised Initial Sales Tax Amounts" means the amount
19of taxes paid under the Retailers' Occupation Tax Act, Use Tax
20Act, Service Use Tax Act, the Service Occupation Tax Act, the
21Municipal Retailers' Occupation Tax Act, and the Municipal
22Service Occupation Tax Act by retailers and servicemen on
23transactions at places located within the State Sales Tax
24Boundary revised pursuant to Section 11-74.4-8a(9) of this
25Act.
26    (h) "Municipal Sales Tax Increment" means an amount equal

 

 

SB2298- 18 -LRB102 17272 AWJ 22744 b

1to the increase in the aggregate amount of taxes paid to a
2municipality from the Local Government Tax Fund arising from
3sales by retailers and servicemen within the redevelopment
4project area or State Sales Tax Boundary, as the case may be,
5for as long as the redevelopment project area or State Sales
6Tax Boundary, as the case may be, exist over and above the
7aggregate amount of taxes as certified by the Illinois
8Department of Revenue and paid under the Municipal Retailers'
9Occupation Tax Act and the Municipal Service Occupation Tax
10Act by retailers and servicemen, on transactions at places of
11business located in the redevelopment project area or State
12Sales Tax Boundary, as the case may be, during the base year
13which shall be the calendar year immediately prior to the year
14in which the municipality adopted tax increment allocation
15financing. For purposes of computing the aggregate amount of
16such taxes for base years occurring prior to 1985, the
17Department of Revenue shall determine the Initial Sales Tax
18Amounts for such taxes and deduct therefrom an amount equal to
194% of the aggregate amount of taxes per year for each year the
20base year is prior to 1985, but not to exceed a total deduction
21of 12%. The amount so determined shall be known as the
22"Adjusted Initial Sales Tax Amounts". For purposes of
23determining the Municipal Sales Tax Increment, the Department
24of Revenue shall for each period subtract from the amount paid
25to the municipality from the Local Government Tax Fund arising
26from sales by retailers and servicemen on transactions located

 

 

SB2298- 19 -LRB102 17272 AWJ 22744 b

1in the redevelopment project area or the State Sales Tax
2Boundary, as the case may be, the certified Initial Sales Tax
3Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
4Initial Sales Tax Amounts for the Municipal Retailers'
5Occupation Tax Act and the Municipal Service Occupation Tax
6Act. For the State Fiscal Year 1989, this calculation shall be
7made by utilizing the calendar year 1987 to determine the tax
8amounts received. For the State Fiscal Year 1990, this
9calculation shall be made by utilizing the period from January
101, 1988, until September 30, 1988, to determine the tax
11amounts received from retailers and servicemen pursuant to the
12Municipal Retailers' Occupation Tax and the Municipal Service
13Occupation Tax Act, which shall have deducted therefrom
14nine-twelfths of the certified Initial Sales Tax Amounts, the
15Adjusted Initial Sales Tax Amounts or the Revised Initial
16Sales Tax Amounts as appropriate. For the State Fiscal Year
171991, this calculation shall be made by utilizing the period
18from October 1, 1988, to June 30, 1989, to determine the tax
19amounts received from retailers and servicemen pursuant to the
20Municipal Retailers' Occupation Tax and the Municipal Service
21Occupation Tax Act which shall have deducted therefrom
22nine-twelfths of the certified Initial Sales Tax Amounts,
23Adjusted Initial Sales Tax Amounts or the Revised Initial
24Sales Tax Amounts as appropriate. For every State Fiscal Year
25thereafter, the applicable period shall be the 12 months
26beginning July 1 and ending June 30 to determine the tax

 

 

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1amounts received which shall have deducted therefrom the
2certified Initial Sales Tax Amounts, the Adjusted Initial
3Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
4the case may be.
5    (i) "Net State Sales Tax Increment" means the sum of the
6following: (a) 80% of the first $100,000 of State Sales Tax
7Increment annually generated within a State Sales Tax
8Boundary; (b) 60% of the amount in excess of $100,000 but not
9exceeding $500,000 of State Sales Tax Increment annually
10generated within a State Sales Tax Boundary; and (c) 40% of all
11amounts in excess of $500,000 of State Sales Tax Increment
12annually generated within a State Sales Tax Boundary. If,
13however, a municipality established a tax increment financing
14district in a county with a population in excess of 3,000,000
15before January 1, 1986, and the municipality entered into a
16contract or issued bonds after January 1, 1986, but before
17December 31, 1986, to finance redevelopment project costs
18within a State Sales Tax Boundary, then the Net State Sales Tax
19Increment means, for the fiscal years beginning July 1, 1990,
20and July 1, 1991, 100% of the State Sales Tax Increment
21annually generated within a State Sales Tax Boundary; and
22notwithstanding any other provision of this Act, for those
23fiscal years the Department of Revenue shall distribute to
24those municipalities 100% of their Net State Sales Tax
25Increment before any distribution to any other municipality
26and regardless of whether or not those other municipalities

 

 

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1will receive 100% of their Net State Sales Tax Increment. For
2Fiscal Year 1999, and every year thereafter until the year
32007, for any municipality that has not entered into a
4contract or has not issued bonds prior to June 1, 1988 to
5finance redevelopment project costs within a State Sales Tax
6Boundary, the Net State Sales Tax Increment shall be
7calculated as follows: By multiplying the Net State Sales Tax
8Increment by 90% in the State Fiscal Year 1999; 80% in the
9State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
10in the State Fiscal Year 2002; 50% in the State Fiscal Year
112003; 40% in the State Fiscal Year 2004; 30% in the State
12Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
13the State Fiscal Year 2007. No payment shall be made for State
14Fiscal Year 2008 and thereafter.
15    Municipalities that issued bonds in connection with a
16redevelopment project in a redevelopment project area within
17the State Sales Tax Boundary prior to July 29, 1991, or that
18entered into contracts in connection with a redevelopment
19project in a redevelopment project area before June 1, 1988,
20shall continue to receive their proportional share of the
21Illinois Tax Increment Fund distribution until the date on
22which the redevelopment project is completed or terminated.
23If, however, a municipality that issued bonds in connection
24with a redevelopment project in a redevelopment project area
25within the State Sales Tax Boundary prior to July 29, 1991
26retires the bonds prior to June 30, 2007 or a municipality that

 

 

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1entered into contracts in connection with a redevelopment
2project in a redevelopment project area before June 1, 1988
3completes the contracts prior to June 30, 2007, then so long as
4the redevelopment project is not completed or is not
5terminated, the Net State Sales Tax Increment shall be
6calculated, beginning on the date on which the bonds are
7retired or the contracts are completed, as follows: By
8multiplying the Net State Sales Tax Increment by 60% in the
9State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
10in the State Fiscal Year 2004; 30% in the State Fiscal Year
112005; 20% in the State Fiscal Year 2006; and 10% in the State
12Fiscal Year 2007. No payment shall be made for State Fiscal
13Year 2008 and thereafter. Refunding of any bonds issued prior
14to July 29, 1991, shall not alter the Net State Sales Tax
15Increment.
16    (j) "State Utility Tax Increment Amount" means an amount
17equal to the aggregate increase in State electric and gas tax
18charges imposed on owners and tenants, other than residential
19customers, of properties located within the redevelopment
20project area under Section 9-222 of the Public Utilities Act,
21over and above the aggregate of such charges as certified by
22the Department of Revenue and paid by owners and tenants,
23other than residential customers, of properties within the
24redevelopment project area during the base year, which shall
25be the calendar year immediately prior to the year of the
26adoption of the ordinance authorizing tax increment allocation

 

 

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1financing.
2    (k) "Net State Utility Tax Increment" means the sum of the
3following: (a) 80% of the first $100,000 of State Utility Tax
4Increment annually generated by a redevelopment project area;
5(b) 60% of the amount in excess of $100,000 but not exceeding
6$500,000 of the State Utility Tax Increment annually generated
7by a redevelopment project area; and (c) 40% of all amounts in
8excess of $500,000 of State Utility Tax Increment annually
9generated by a redevelopment project area. For the State
10Fiscal Year 1999, and every year thereafter until the year
112007, for any municipality that has not entered into a
12contract or has not issued bonds prior to June 1, 1988 to
13finance redevelopment project costs within a redevelopment
14project area, the Net State Utility Tax Increment shall be
15calculated as follows: By multiplying the Net State Utility
16Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
17State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
18in the State Fiscal Year 2002; 50% in the State Fiscal Year
192003; 40% in the State Fiscal Year 2004; 30% in the State
20Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
21the State Fiscal Year 2007. No payment shall be made for the
22State Fiscal Year 2008 and thereafter.
23    Municipalities that issue bonds in connection with the
24redevelopment project during the period from June 1, 1988
25until 3 years after the effective date of this Amendatory Act
26of 1988 shall receive the Net State Utility Tax Increment,

 

 

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1subject to appropriation, for 15 State Fiscal Years after the
2issuance of such bonds. For the 16th through the 20th State
3Fiscal Years after issuance of the bonds, the Net State
4Utility Tax Increment shall be calculated as follows: By
5multiplying the Net State Utility Tax Increment by 90% in year
616; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
7year 20. Refunding of any bonds issued prior to June 1, 1988,
8shall not alter the revised Net State Utility Tax Increment
9payments set forth above.
10    (l) "Obligations" mean bonds, loans, debentures, notes,
11special certificates or other evidence of indebtedness issued
12by the municipality to carry out a redevelopment project or to
13refund outstanding obligations.
14    (m) "Payment in lieu of taxes" means those estimated tax
15revenues from real property in a redevelopment project area
16derived from real property that has been acquired by a
17municipality which according to the redevelopment project or
18plan is to be used for a private use which taxing districts
19would have received had a municipality not acquired the real
20property and adopted tax increment allocation financing and
21which would result from levies made after the time of the
22adoption of tax increment allocation financing to the time the
23current equalized value of real property in the redevelopment
24project area exceeds the total initial equalized value of real
25property in said area.
26    (n) "Redevelopment plan" means the comprehensive program

 

 

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1of the municipality for development or redevelopment intended
2by the payment of redevelopment project costs to reduce or
3eliminate those conditions the existence of which qualified
4the redevelopment project area as a "blighted area" or
5"conservation area" or combination thereof or "industrial park
6conservation area," and thereby to enhance the tax bases of
7the taxing districts which extend into the redevelopment
8project area, provided that, with respect to redevelopment
9project areas described in subsections (p-1) and (p-2),
10"redevelopment plan" means the comprehensive program of the
11affected municipality for the development of qualifying
12transit facilities. On and after November 1, 1999 (the
13effective date of Public Act 91-478), no redevelopment plan
14may be approved or amended that includes the development of
15vacant land (i) with a golf course and related clubhouse and
16other facilities or (ii) designated by federal, State, county,
17or municipal government as public land for outdoor
18recreational activities or for nature preserves and used for
19that purpose within 5 years prior to the adoption of the
20redevelopment plan. For the purpose of this subsection,
21"recreational activities" is limited to mean camping and
22hunting. Each redevelopment plan shall set forth in writing
23the program to be undertaken to accomplish the objectives and
24shall include but not be limited to:
25        (A) an itemized list of estimated redevelopment
26    project costs;

 

 

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1        (B) evidence indicating that the redevelopment project
2    area on the whole has not been subject to growth and
3    development through investment by private enterprise,
4    provided that such evidence shall not be required for any
5    redevelopment project area located within a transit
6    facility improvement area established pursuant to Section
7    11-74.4-3.3;
8        (C) an assessment of any financial impact of the
9    redevelopment project area on or any increased demand for
10    services from any taxing district affected by the plan and
11    any program to address such financial impact or increased
12    demand;
13        (D) the sources of funds to pay costs;
14        (E) the nature and term of the obligations to be
15    issued;
16        (F) the most recent equalized assessed valuation of
17    the redevelopment project area;
18        (G) an estimate as to the equalized assessed valuation
19    after redevelopment and the general land uses to apply in
20    the redevelopment project area;
21        (H) a commitment to fair employment practices and an
22    affirmative action plan;
23        (I) if it concerns an industrial park conservation
24    area, the plan shall also include a general description of
25    any proposed developer, user and tenant of any property, a
26    description of the type, structure and general character

 

 

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1    of the facilities to be developed, a description of the
2    type, class and number of new employees to be employed in
3    the operation of the facilities to be developed; and
4        (J) if property is to be annexed to the municipality,
5    the plan shall include the terms of the annexation
6    agreement.
7    The provisions of items (B) and (C) of this subsection (n)
8shall not apply to a municipality that before March 14, 1994
9(the effective date of Public Act 88-537) had fixed, either by
10its corporate authorities or by a commission designated under
11subsection (k) of Section 11-74.4-4, a time and place for a
12public hearing as required by subsection (a) of Section
1311-74.4-5. No redevelopment plan shall be adopted unless a
14municipality complies with all of the following requirements:
15        (1) The municipality finds that the redevelopment
16    project area on the whole has not been subject to growth
17    and development through investment by private enterprise
18    and would not reasonably be anticipated to be developed
19    without the adoption of the redevelopment plan, provided,
20    however, that such a finding shall not be required with
21    respect to any redevelopment project area located within a
22    transit facility improvement area established pursuant to
23    Section 11-74.4-3.3.
24        (2) The municipality finds that the redevelopment plan
25    and project conform to the comprehensive plan for the
26    development of the municipality as a whole, or, for

 

 

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1    municipalities with a population of 100,000 or more,
2    regardless of when the redevelopment plan and project was
3    adopted, the redevelopment plan and project either: (i)
4    conforms to the strategic economic development or
5    redevelopment plan issued by the designated planning
6    authority of the municipality, or (ii) includes land uses
7    that have been approved by the planning commission of the
8    municipality.
9        (3) The redevelopment plan establishes the estimated
10    dates of completion of the redevelopment project and
11    retirement of obligations issued to finance redevelopment
12    project costs. Those dates may not be later than the dates
13    set forth under Section 11-74.4-3.5.
14        A municipality may by municipal ordinance amend an
15    existing redevelopment plan to conform to this paragraph
16    (3) as amended by Public Act 91-478, which municipal
17    ordinance may be adopted without further hearing or notice
18    and without complying with the procedures provided in this
19    Act pertaining to an amendment to or the initial approval
20    of a redevelopment plan and project and designation of a
21    redevelopment project area.
22        (3.5) The municipality finds, in the case of an
23    industrial park conservation area, also that the
24    municipality is a labor surplus municipality and that the
25    implementation of the redevelopment plan will reduce
26    unemployment, create new jobs and by the provision of new

 

 

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1    facilities enhance the tax base of the taxing districts
2    that extend into the redevelopment project area.
3        (4) If any incremental revenues are being utilized
4    under Section 8(a)(1) or 8(a)(2) of this Act in
5    redevelopment project areas approved by ordinance after
6    January 1, 1986, the municipality finds: (a) that the
7    redevelopment project area would not reasonably be
8    developed without the use of such incremental revenues,
9    and (b) that such incremental revenues will be exclusively
10    utilized for the development of the redevelopment project
11    area.
12        (5) If: (a) the redevelopment plan will not result in
13    displacement of residents from 10 or more inhabited
14    residential units, and the municipality certifies in the
15    plan that such displacement will not result from the plan;
16    or (b) the redevelopment plan is for a redevelopment
17    project area located within a transit facility improvement
18    area established pursuant to Section 11-74.4-3.3, and the
19    applicable project is subject to the process for
20    evaluation of environmental effects under the National
21    Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.,
22    then a housing impact study need not be performed. If,
23    however, the redevelopment plan would result in the
24    displacement of residents from 10 or more inhabited
25    residential units, or if the redevelopment project area
26    contains 75 or more inhabited residential units and no

 

 

SB2298- 30 -LRB102 17272 AWJ 22744 b

1    certification is made, then the municipality shall
2    prepare, as part of the separate feasibility report
3    required by subsection (a) of Section 11-74.4-5, a housing
4    impact study.
5        Part I of the housing impact study shall include (i)
6    data as to whether the residential units are single family
7    or multi-family units, (ii) the number and type of rooms
8    within the units, if that information is available, (iii)
9    whether the units are inhabited or uninhabited, as
10    determined not less than 45 days before the date that the
11    ordinance or resolution required by subsection (a) of
12    Section 11-74.4-5 is passed, and (iv) data as to the
13    racial and ethnic composition of the residents in the
14    inhabited residential units. The data requirement as to
15    the racial and ethnic composition of the residents in the
16    inhabited residential units shall be deemed to be fully
17    satisfied by data from the most recent federal census.
18        Part II of the housing impact study shall identify the
19    inhabited residential units in the proposed redevelopment
20    project area that are to be or may be removed. If inhabited
21    residential units are to be removed, then the housing
22    impact study shall identify (i) the number and location of
23    those units that will or may be removed, (ii) the
24    municipality's plans for relocation assistance for those
25    residents in the proposed redevelopment project area whose
26    residences are to be removed, (iii) the availability of

 

 

SB2298- 31 -LRB102 17272 AWJ 22744 b

1    replacement housing for those residents whose residences
2    are to be removed, and shall identify the type, location,
3    and cost of the housing, and (iv) the type and extent of
4    relocation assistance to be provided.
5        (6) On and after November 1, 1999, the housing impact
6    study required by paragraph (5) shall be incorporated in
7    the redevelopment plan for the redevelopment project area.
8        (7) On and after November 1, 1999, no redevelopment
9    plan shall be adopted, nor an existing plan amended, nor
10    shall residential housing that is occupied by households
11    of low-income and very low-income persons in currently
12    existing redevelopment project areas be removed after
13    November 1, 1999 unless the redevelopment plan provides,
14    with respect to inhabited housing units that are to be
15    removed for households of low-income and very low-income
16    persons, affordable housing and relocation assistance not
17    less than that which would be provided under the federal
18    Uniform Relocation Assistance and Real Property
19    Acquisition Policies Act of 1970 and the regulations under
20    that Act, including the eligibility criteria. Affordable
21    housing may be either existing or newly constructed
22    housing. For purposes of this paragraph (7), "low-income
23    households", "very low-income households", and "affordable
24    housing" have the meanings set forth in the Illinois
25    Affordable Housing Act. The municipality shall make a good
26    faith effort to ensure that this affordable housing is

 

 

SB2298- 32 -LRB102 17272 AWJ 22744 b

1    located in or near the redevelopment project area within
2    the municipality.
3        (8) On and after November 1, 1999, if, after the
4    adoption of the redevelopment plan for the redevelopment
5    project area, any municipality desires to amend its
6    redevelopment plan to remove more inhabited residential
7    units than specified in its original redevelopment plan,
8    that change shall be made in accordance with the
9    procedures in subsection (c) of Section 11-74.4-5.
10        (9) For redevelopment project areas designated prior
11    to November 1, 1999, the redevelopment plan may be amended
12    without further joint review board meeting or hearing,
13    provided that the municipality shall give notice of any
14    such changes by mail to each affected taxing district and
15    registrant on the interested party registry, to authorize
16    the municipality to expend tax increment revenues for
17    redevelopment project costs defined by paragraphs (5) and
18    (7.5), subparagraphs (E) and (F) of paragraph (11), and
19    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
20    so long as the changes do not increase the total estimated
21    redevelopment project costs set out in the redevelopment
22    plan by more than 5% after adjustment for inflation from
23    the date the plan was adopted.
24    (o) "Redevelopment project" means any public and private
25development project in furtherance of the objectives of a
26redevelopment plan. On and after November 1, 1999 (the

 

 

SB2298- 33 -LRB102 17272 AWJ 22744 b

1effective date of Public Act 91-478), no redevelopment plan
2may be approved or amended that includes the development of
3vacant land (i) with a golf course and related clubhouse and
4other facilities or (ii) designated by federal, State, county,
5or municipal government as public land for outdoor
6recreational activities or for nature preserves and used for
7that purpose within 5 years prior to the adoption of the
8redevelopment plan. For the purpose of this subsection,
9"recreational activities" is limited to mean camping and
10hunting.
11    (p) "Redevelopment project area" means an area designated
12by the municipality, which is not less in the aggregate than 1
131/2 acres and in respect to which the municipality has made a
14finding that there exist conditions which cause the area to be
15classified as an industrial park conservation area or a
16blighted area or a conservation area, or a combination of both
17blighted areas and conservation areas.
18    (p-1) Notwithstanding any provision of this Act to the
19contrary, on and after August 25, 2009 (the effective date of
20Public Act 96-680), a redevelopment project area may include
21areas within a one-half mile radius of an existing or proposed
22Regional Transportation Authority Suburban Transit Access
23Route (STAR Line) station without a finding that the area is
24classified as an industrial park conservation area, a blighted
25area, a conservation area, or a combination thereof, but only
26if the municipality receives unanimous consent from the joint

 

 

SB2298- 34 -LRB102 17272 AWJ 22744 b

1review board created to review the proposed redevelopment
2project area.
3    (p-2) Notwithstanding any provision of this Act to the
4contrary, on and after the effective date of this amendatory
5Act of the 99th General Assembly, a redevelopment project area
6may include areas within a transit facility improvement area
7that has been established pursuant to Section 11-74.4-3.3
8without a finding that the area is classified as an industrial
9park conservation area, a blighted area, a conservation area,
10or any combination thereof.
11    (q) "Redevelopment project costs", except for
12redevelopment project areas created pursuant to subsection
13(p-1) or (p-2), means and includes the sum total of all
14reasonable or necessary costs incurred or estimated to be
15incurred, and any such costs incidental to a redevelopment
16plan and a redevelopment project. Such costs include, without
17limitation, the following:
18        (1) Costs of studies, surveys, development of plans,
19    and specifications, implementation and administration of
20    the redevelopment plan including but not limited to staff
21    and professional service costs for architectural,
22    engineering, legal, financial, planning or other services,
23    provided however that no charges for professional services
24    may be based on a percentage of the tax increment
25    collected; except that on and after November 1, 1999 (the
26    effective date of Public Act 91-478), no contracts for

 

 

SB2298- 35 -LRB102 17272 AWJ 22744 b

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

 

 

SB2298- 36 -LRB102 17272 AWJ 22744 b

1    redevelopment project area to prospective businesses,
2    developers, and investors;
3        (2) Property assembly costs, including but not limited
4    to acquisition of land and other property, real or
5    personal, or rights or interests therein, demolition of
6    buildings, site preparation, site improvements that serve
7    as an engineered barrier addressing ground level or below
8    ground environmental contamination, including, but not
9    limited to parking lots and other concrete or asphalt
10    barriers, and the clearing and grading of land;
11        (3) Costs of rehabilitation, reconstruction or repair
12    or remodeling of existing public or private buildings,
13    fixtures, and leasehold improvements; and the cost of
14    replacing an existing public building if pursuant to the
15    implementation of a redevelopment project the existing
16    public building is to be demolished to use the site for
17    private investment or devoted to a different use requiring
18    private investment; including any direct or indirect costs
19    relating to Green Globes or LEED certified construction
20    elements or construction elements with an equivalent
21    certification;
22        (4) Costs of the construction of public works or
23    improvements, including any direct or indirect costs
24    relating to Green Globes or LEED certified construction
25    elements or construction elements with an equivalent
26    certification, except that on and after November 1, 1999,

 

 

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1    redevelopment project costs shall not include the cost of
2    constructing a new municipal public building principally
3    used to provide offices, storage space, or conference
4    facilities or vehicle storage, maintenance, or repair for
5    administrative, public safety, or public works personnel
6    and that is not intended to replace an existing public
7    building as provided under paragraph (3) of subsection (q)
8    of Section 11-74.4-3 unless either (i) the construction of
9    the new municipal building implements a redevelopment
10    project that was included in a redevelopment plan that was
11    adopted by the municipality prior to November 1, 1999,
12    (ii) the municipality makes a reasonable determination in
13    the redevelopment plan, supported by information that
14    provides the basis for that determination, that the new
15    municipal building is required to meet an increase in the
16    need for public safety purposes anticipated to result from
17    the implementation of the redevelopment plan, or (iii) the
18    new municipal public building is for the storage,
19    maintenance, or repair of transit vehicles and is located
20    in a transit facility improvement area that has been
21    established pursuant to Section 11-74.4-3.3;
22        (5) Costs of job training and retraining projects,
23    including the cost of "welfare to work" programs
24    implemented by businesses located within the redevelopment
25    project area;
26        (6) Financing costs, including but not limited to all

 

 

SB2298- 38 -LRB102 17272 AWJ 22744 b

1    necessary and incidental expenses related to the issuance
2    of obligations and which may include payment of interest
3    on any obligations issued hereunder including interest
4    accruing during the estimated period of construction of
5    any redevelopment project for which such obligations are
6    issued and for not exceeding 36 months thereafter and
7    including reasonable reserves related thereto;
8        (7) To the extent the municipality by written
9    agreement accepts and approves the same, all or a portion
10    of a taxing district's capital costs resulting from the
11    redevelopment project necessarily incurred or to be
12    incurred within a taxing district in furtherance of the
13    objectives of the redevelopment plan and project;
14        (7.5) For redevelopment project areas designated (or
15    redevelopment project areas amended to add or increase the
16    number of tax-increment-financing assisted housing units)
17    on or after November 1, 1999, an elementary, secondary, or
18    unit school district's increased costs attributable to
19    assisted housing units located within the redevelopment
20    project area for which the developer or redeveloper
21    receives financial assistance through an agreement with
22    the municipality or because the municipality incurs the
23    cost of necessary infrastructure improvements within the
24    boundaries of the assisted housing sites necessary for the
25    completion of that housing as authorized by this Act, and
26    which costs shall be paid by the municipality from the

 

 

SB2298- 39 -LRB102 17272 AWJ 22744 b

1    Special Tax Allocation Fund when the tax increment revenue
2    is received as a result of the assisted housing units and
3    shall be calculated annually as follows:
4            (A) for foundation districts, excluding any school
5        district in a municipality with a population in excess
6        of 1,000,000, by multiplying the district's increase
7        in attendance resulting from the net increase in new
8        students enrolled in that school district who reside
9        in housing units within the redevelopment project area
10        that have received financial assistance through an
11        agreement with the municipality or because the
12        municipality incurs the cost of necessary
13        infrastructure improvements within the boundaries of
14        the housing sites necessary for the completion of that
15        housing as authorized by this Act since the
16        designation of the redevelopment project area by the
17        most recently available per capita tuition cost as
18        defined in Section 10-20.12a of the School Code less
19        any increase in general State aid as defined in
20        Section 18-8.05 of the School Code or evidence-based
21        funding as defined in Section 18-8.15 of the School
22        Code attributable to these added new students subject
23        to the following annual limitations:
24                (i) for unit school districts with a district
25            average 1995-96 Per Capita Tuition Charge of less
26            than $5,900, no more than 25% of the total amount

 

 

SB2298- 40 -LRB102 17272 AWJ 22744 b

1            of property tax increment revenue produced by
2            those housing units that have received tax
3            increment finance assistance under this Act;
4                (ii) for elementary school districts with a
5            district average 1995-96 Per Capita Tuition Charge
6            of less than $5,900, no more than 17% of the total
7            amount of property tax increment revenue produced
8            by those housing units that have received tax
9            increment finance assistance under this Act; and
10                (iii) for secondary school districts with a
11            district average 1995-96 Per Capita Tuition Charge
12            of less than $5,900, no more than 8% of the total
13            amount of property tax increment revenue produced
14            by those housing units that have received tax
15            increment finance assistance under this Act.
16            (B) For alternate method districts, flat grant
17        districts, and foundation districts with a district
18        average 1995-96 Per Capita Tuition Charge equal to or
19        more than $5,900, excluding any school district with a
20        population in excess of 1,000,000, by multiplying the
21        district's increase in attendance resulting from the
22        net increase in new students enrolled in that school
23        district who reside in housing units within the
24        redevelopment project area that have received
25        financial assistance through an agreement with the
26        municipality or because the municipality incurs the

 

 

SB2298- 41 -LRB102 17272 AWJ 22744 b

1        cost of necessary infrastructure improvements within
2        the boundaries of the housing sites necessary for the
3        completion of that housing as authorized by this Act
4        since the designation of the redevelopment project
5        area by the most recently available per capita tuition
6        cost as defined in Section 10-20.12a of the School
7        Code less any increase in general state aid as defined
8        in Section 18-8.05 of the School Code or
9        evidence-based funding as defined in Section 18-8.15
10        of the School Code attributable to these added new
11        students subject to the following annual limitations:
12                (i) for unit school districts, no more than
13            40% of the total amount of property tax increment
14            revenue produced by those housing units that have
15            received tax increment finance assistance under
16            this Act;
17                (ii) for elementary school districts, no more
18            than 27% of the total amount of property tax
19            increment revenue produced by those housing units
20            that have received tax increment finance
21            assistance under this Act; and
22                (iii) for secondary school districts, no more
23            than 13% of the total amount of property tax
24            increment revenue produced by those housing units
25            that have received tax increment finance
26            assistance under this Act.

 

 

SB2298- 42 -LRB102 17272 AWJ 22744 b

1            (C) For any school district in a municipality with
2        a population in excess of 1,000,000, the following
3        restrictions shall apply to the reimbursement of
4        increased costs under this paragraph (7.5):
5                (i) no increased costs shall be reimbursed
6            unless the school district certifies that each of
7            the schools affected by the assisted housing
8            project is at or over its student capacity;
9                (ii) the amount reimbursable shall be reduced
10            by the value of any land donated to the school
11            district by the municipality or developer, and by
12            the value of any physical improvements made to the
13            schools by the municipality or developer; and
14                (iii) the amount reimbursed may not affect
15            amounts otherwise obligated by the terms of any
16            bonds, notes, or other funding instruments, or the
17            terms of any redevelopment agreement.
18        Any school district seeking payment under this
19        paragraph (7.5) shall, after July 1 and before
20        September 30 of each year, provide the municipality
21        with reasonable evidence to support its claim for
22        reimbursement before the municipality shall be
23        required to approve or make the payment to the school
24        district. If the school district fails to provide the
25        information during this period in any year, it shall
26        forfeit any claim to reimbursement for that year.

 

 

SB2298- 43 -LRB102 17272 AWJ 22744 b

1        School districts may adopt a resolution waiving the
2        right to all or a portion of the reimbursement
3        otherwise required by this paragraph (7.5). By
4        acceptance of this reimbursement the school district
5        waives the right to directly or indirectly set aside,
6        modify, or contest in any manner the establishment of
7        the redevelopment project area or projects;
8        (7.7) For redevelopment project areas designated (or
9    redevelopment project areas amended to add or increase the
10    number of tax-increment-financing assisted housing units)
11    on or after January 1, 2005 (the effective date of Public
12    Act 93-961), a public library district's increased costs
13    attributable to assisted housing units located within the
14    redevelopment project area for which the developer or
15    redeveloper receives financial assistance through an
16    agreement with the municipality or because the
17    municipality incurs the cost of necessary infrastructure
18    improvements within the boundaries of the assisted housing
19    sites necessary for the completion of that housing as
20    authorized by this Act shall be paid to the library
21    district by the municipality from the Special Tax
22    Allocation Fund when the tax increment revenue is received
23    as a result of the assisted housing units. This paragraph
24    (7.7) applies only if (i) the library district is located
25    in a county that is subject to the Property Tax Extension
26    Limitation Law or (ii) the library district is not located

 

 

SB2298- 44 -LRB102 17272 AWJ 22744 b

1    in a county that is subject to the Property Tax Extension
2    Limitation Law but the district is prohibited by any other
3    law from increasing its tax levy rate without a prior
4    voter referendum.
5        The amount paid to a library district under this
6    paragraph (7.7) shall be calculated by multiplying (i) the
7    net increase in the number of persons eligible to obtain a
8    library card in that district who reside in housing units
9    within the redevelopment project area that have received
10    financial assistance through an agreement with the
11    municipality or because the municipality incurs the cost
12    of necessary infrastructure improvements within the
13    boundaries of the housing sites necessary for the
14    completion of that housing as authorized by this Act since
15    the designation of the redevelopment project area by (ii)
16    the per-patron cost of providing library services so long
17    as it does not exceed $120. The per-patron cost shall be
18    the Total Operating Expenditures Per Capita for the
19    library in the previous fiscal year. The municipality may
20    deduct from the amount that it must pay to a library
21    district under this paragraph any amount that it has
22    voluntarily paid to the library district from the tax
23    increment revenue. The amount paid to a library district
24    under this paragraph (7.7) shall be no more than 2% of the
25    amount produced by the assisted housing units and
26    deposited into the Special Tax Allocation Fund.

 

 

SB2298- 45 -LRB102 17272 AWJ 22744 b

1        A library district is not eligible for any payment
2    under this paragraph (7.7) unless the library district has
3    experienced an increase in the number of patrons from the
4    municipality that created the tax-increment-financing
5    district since the designation of the redevelopment
6    project area.
7        Any library district seeking payment under this
8    paragraph (7.7) shall, after July 1 and before September
9    30 of each year, provide the municipality with convincing
10    evidence to support its claim for reimbursement before the
11    municipality shall be required to approve or make the
12    payment to the library district. If the library district
13    fails to provide the information during this period in any
14    year, it shall forfeit any claim to reimbursement for that
15    year. Library districts may adopt a resolution waiving the
16    right to all or a portion of the reimbursement otherwise
17    required by this paragraph (7.7). By acceptance of such
18    reimbursement, the library district shall forfeit any
19    right to directly or indirectly set aside, modify, or
20    contest in any manner whatsoever the establishment of the
21    redevelopment project area or projects;
22        (8) Relocation costs to the extent that a municipality
23    determines that relocation costs shall be paid or is
24    required to make payment of relocation costs by federal or
25    State law or in order to satisfy subparagraph (7) of
26    subsection (n);

 

 

SB2298- 46 -LRB102 17272 AWJ 22744 b

1        (9) Payment in lieu of taxes;
2        (10) Costs of job training, retraining, advanced
3    vocational education or career education, including but
4    not limited to courses in occupational, semi-technical or
5    technical fields leading directly to employment, incurred
6    by one or more taxing districts, provided that such costs
7    (i) are related to the establishment and maintenance of
8    additional job training, advanced vocational education or
9    career education programs for persons employed or to be
10    employed by employers located in a redevelopment project
11    area; and (ii) when incurred by a taxing district or
12    taxing districts other than the municipality, are set
13    forth in a written agreement by or among the municipality
14    and the taxing district or taxing districts, which
15    agreement describes the program to be undertaken,
16    including but not limited to the number of employees to be
17    trained, a description of the training and services to be
18    provided, the number and type of positions available or to
19    be available, itemized costs of the program and sources of
20    funds to pay for the same, and the term of the agreement.
21    Such costs include, specifically, the payment by community
22    college districts of costs pursuant to Sections 3-37,
23    3-38, 3-40 and 3-40.1 of the Public Community College Act
24    and by school districts of costs pursuant to Sections
25    10-22.20a and 10-23.3a of the School Code;
26        (11) Interest cost incurred by a redeveloper related

 

 

SB2298- 47 -LRB102 17272 AWJ 22744 b

1    to the construction, renovation or rehabilitation of a
2    redevelopment project provided that:
3            (A) such costs are to be paid directly from the
4        special tax allocation fund established pursuant to
5        this Act;
6            (B) such payments in any one year may not exceed
7        30% of the annual interest costs incurred by the
8        redeveloper with regard to the redevelopment project
9        during that year;
10            (C) if there are not sufficient funds available in
11        the special tax allocation fund to make the payment
12        pursuant to this paragraph (11) then the amounts so
13        due shall accrue and be payable when sufficient funds
14        are available in the special tax allocation fund;
15            (D) the total of such interest payments paid
16        pursuant to this Act may not exceed 30% of the total
17        (i) cost paid or incurred by the redeveloper for the
18        redevelopment project plus (ii) redevelopment project
19        costs excluding any property assembly costs and any
20        relocation costs incurred by a municipality pursuant
21        to this Act;
22            (E) the cost limits set forth in subparagraphs (B)
23        and (D) of paragraph (11) shall be modified for the
24        financing of rehabilitated or new housing units for
25        low-income households and very low-income households,
26        as defined in Section 3 of the Illinois Affordable

 

 

SB2298- 48 -LRB102 17272 AWJ 22744 b

1        Housing Act. The percentage of 75% shall be
2        substituted for 30% in subparagraphs (B) and (D) of
3        paragraph (11); and
4            (F) instead of the eligible costs provided by
5        subparagraphs (B) and (D) of paragraph (11), as
6        modified by this subparagraph, and notwithstanding any
7        other provisions of this Act to the contrary, the
8        municipality may pay from tax increment revenues up to
9        50% of the cost of construction of new housing units to
10        be occupied by low-income households and very
11        low-income households as defined in Section 3 of the
12        Illinois Affordable Housing Act. The cost of
13        construction of those units may be derived from the
14        proceeds of bonds issued by the municipality under
15        this Act or other constitutional or statutory
16        authority or from other sources of municipal revenue
17        that may be reimbursed from tax increment revenues or
18        the proceeds of bonds issued to finance the
19        construction of that housing.
20            The eligible costs provided under this
21        subparagraph (F) of paragraph (11) shall be an
22        eligible cost for the construction, renovation, and
23        rehabilitation of all low and very low-income housing
24        units, as defined in Section 3 of the Illinois
25        Affordable Housing Act, within the redevelopment
26        project area. If the low and very low-income units are

 

 

SB2298- 49 -LRB102 17272 AWJ 22744 b

1        part of a residential redevelopment project that
2        includes units not affordable to low and very
3        low-income households, only the low and very
4        low-income units shall be eligible for benefits under
5        this subparagraph (F) of paragraph (11). The standards
6        for maintaining the occupancy by low-income households
7        and very low-income households, as defined in Section
8        3 of the Illinois Affordable Housing Act, of those
9        units constructed with eligible costs made available
10        under the provisions of this subparagraph (F) of
11        paragraph (11) shall be established by guidelines
12        adopted by the municipality. The responsibility for
13        annually documenting the initial occupancy of the
14        units by low-income households and very low-income
15        households, as defined in Section 3 of the Illinois
16        Affordable Housing Act, shall be that of the then
17        current owner of the property. For ownership units,
18        the guidelines will provide, at a minimum, for a
19        reasonable recapture of funds, or other appropriate
20        methods designed to preserve the original
21        affordability of the ownership units. For rental
22        units, the guidelines will provide, at a minimum, for
23        the affordability of rent to low and very low-income
24        households. As units become available, they shall be
25        rented to income-eligible tenants. The municipality
26        may modify these guidelines from time to time; the

 

 

SB2298- 50 -LRB102 17272 AWJ 22744 b

1        guidelines, however, shall be in effect for as long as
2        tax increment revenue is being used to pay for costs
3        associated with the units or for the retirement of
4        bonds issued to finance the units or for the life of
5        the redevelopment project area, whichever is later;
6        (11.5) If the redevelopment project area is located
7    within a municipality with a population of more than
8    100,000, the cost of day care services for children of
9    employees from low-income families working for businesses
10    located within the redevelopment project area and all or a
11    portion of the cost of operation of day care centers
12    established by redevelopment project area businesses to
13    serve employees from low-income families working in
14    businesses located in the redevelopment project area. For
15    the purposes of this paragraph, "low-income families"
16    means families whose annual income does not exceed 80% of
17    the municipal, county, or regional median income, adjusted
18    for family size, as the annual income and municipal,
19    county, or regional median income are determined from time
20    to time by the United States Department of Housing and
21    Urban Development.
22        (12) Costs relating to the development of urban
23    agricultural areas under Division 15.2 of the Illinois
24    Municipal Code.
25    Unless explicitly stated herein the cost of construction
26of new privately-owned buildings shall not be an eligible

 

 

SB2298- 51 -LRB102 17272 AWJ 22744 b

1redevelopment project cost.
2    After November 1, 1999 (the effective date of Public Act
391-478), none of the redevelopment project costs enumerated in
4this subsection shall be eligible redevelopment project costs
5if those costs would provide direct financial support to a
6retail entity initiating operations in the redevelopment
7project area while terminating operations at another Illinois
8location within 10 miles of the redevelopment project area but
9outside the boundaries of the redevelopment project area
10municipality. For purposes of this paragraph, termination
11means a closing of a retail operation that is directly related
12to the opening of the same operation or like retail entity
13owned or operated by more than 50% of the original ownership in
14a redevelopment project area, but it does not mean closing an
15operation for reasons beyond the control of the retail entity,
16as documented by the retail entity, subject to a reasonable
17finding by the municipality that the current location
18contained inadequate space, had become economically obsolete,
19or was no longer a viable location for the retailer or
20serviceman.
21    No cost shall be a redevelopment project cost in a
22redevelopment project area if used to demolish, remove, or
23substantially modify a historic resource, after August 26,
242008 (the effective date of Public Act 95-934), unless no
25prudent and feasible alternative exists. "Historic resource"
26for the purpose of this paragraph means (i) a place or

 

 

SB2298- 52 -LRB102 17272 AWJ 22744 b

1structure that is included or eligible for inclusion on the
2National Register of Historic Places or (ii) a contributing
3structure in a district on the National Register of Historic
4Places. This paragraph does not apply to a place or structure
5for which demolition, removal, or modification is subject to
6review by the preservation agency of a Certified Local
7Government designated as such by the National Park Service of
8the United States Department of the Interior.
9    If a special service area has been established pursuant to
10the Special Service Area Tax Act or Special Service Area Tax
11Law, then any tax increment revenues derived from the tax
12imposed pursuant to the Special Service Area Tax Act or
13Special Service Area Tax Law may be used within the
14redevelopment project area for the purposes permitted by that
15Act or Law as well as the purposes permitted by this Act.
16    (q-1) For redevelopment project areas created pursuant to
17subsection (p-1), redevelopment project costs are limited to
18those costs in paragraph (q) that are related to the existing
19or proposed Regional Transportation Authority Suburban Transit
20Access Route (STAR Line) station.
21    (q-2) For a redevelopment project area located within a
22transit facility improvement area established pursuant to
23Section 11-74.4-3.3, redevelopment project costs means those
24costs described in subsection (q) that are related to the
25construction, reconstruction, rehabilitation, remodeling, or
26repair of any existing or proposed transit facility.

 

 

SB2298- 53 -LRB102 17272 AWJ 22744 b

1    (r) "State Sales Tax Boundary" means the redevelopment
2project area or the amended redevelopment project area
3boundaries which are determined pursuant to subsection (9) of
4Section 11-74.4-8a of this Act. The Department of Revenue
5shall certify pursuant to subsection (9) of Section 11-74.4-8a
6the appropriate boundaries eligible for the determination of
7State Sales Tax Increment.
8    (s) "State Sales Tax Increment" means an amount equal to
9the increase in the aggregate amount of taxes paid by
10retailers and servicemen, other than retailers and servicemen
11subject to the Public Utilities Act, on transactions at places
12of business located within a State Sales Tax Boundary pursuant
13to the Retailers' Occupation Tax Act, the Use Tax Act, the
14Service Use Tax Act, and the Service Occupation Tax Act,
15except such portion of such increase that is paid into the
16State and Local Sales Tax Reform Fund, the Local Government
17Distributive Fund, the Local Government Tax Fund and the
18County and Mass Transit District Fund, for as long as State
19participation exists, over and above the Initial Sales Tax
20Amounts, Adjusted Initial Sales Tax Amounts or the Revised
21Initial Sales Tax Amounts for such taxes as certified by the
22Department of Revenue and paid under those Acts by retailers
23and servicemen on transactions at places of business located
24within the State Sales Tax Boundary during the base year which
25shall be the calendar year immediately prior to the year in
26which the municipality adopted tax increment allocation

 

 

SB2298- 54 -LRB102 17272 AWJ 22744 b

1financing, less 3.0% of such amounts generated under the
2Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
3Act and the Service Occupation Tax Act, which sum shall be
4appropriated to the Department of Revenue to cover its costs
5of administering and enforcing this Section. For purposes of
6computing the aggregate amount of such taxes for base years
7occurring prior to 1985, the Department of Revenue shall
8compute the Initial Sales Tax Amount for such taxes and deduct
9therefrom an amount equal to 4% of the aggregate amount of
10taxes per year for each year the base year is prior to 1985,
11but not to exceed a total deduction of 12%. The amount so
12determined shall be known as the "Adjusted Initial Sales Tax
13Amount". For purposes of determining the State Sales Tax
14Increment the Department of Revenue shall for each period
15subtract from the tax amounts received from retailers and
16servicemen on transactions located in the State Sales Tax
17Boundary, the certified Initial Sales Tax Amounts, Adjusted
18Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
19for the Retailers' Occupation Tax Act, the Use Tax Act, the
20Service Use Tax Act and the Service Occupation Tax Act. For the
21State Fiscal Year 1989 this calculation shall be made by
22utilizing the calendar year 1987 to determine the tax amounts
23received. For the State Fiscal Year 1990, this calculation
24shall be made by utilizing the period from January 1, 1988,
25until September 30, 1988, to determine the tax amounts
26received from retailers and servicemen, which shall have

 

 

SB2298- 55 -LRB102 17272 AWJ 22744 b

1deducted therefrom nine-twelfths of the certified Initial
2Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
3Revised Initial Sales Tax Amounts as appropriate. For the
4State Fiscal Year 1991, this calculation shall be made by
5utilizing the period from October 1, 1988, until June 30,
61989, to determine the tax amounts received from retailers and
7servicemen, which shall have deducted therefrom nine-twelfths
8of the certified Initial State Sales Tax Amounts, Adjusted
9Initial Sales Tax Amounts or the Revised Initial Sales Tax
10Amounts as appropriate. For every State Fiscal Year
11thereafter, the applicable period shall be the 12 months
12beginning July 1 and ending on June 30, to determine the tax
13amounts received which shall have deducted therefrom the
14certified Initial Sales Tax Amounts, Adjusted Initial Sales
15Tax Amounts or the Revised Initial Sales Tax Amounts.
16Municipalities intending to receive a distribution of State
17Sales Tax Increment must report a list of retailers to the
18Department of Revenue by October 31, 1988 and by July 31, of
19each year thereafter.
20    (t) "Taxing districts" means counties, townships, cities
21and incorporated towns and villages, school, road, park,
22sanitary, mosquito abatement, forest preserve, public health,
23fire protection, river conservancy, tuberculosis sanitarium
24and any other municipal corporations or districts with the
25power to levy taxes.
26    (u) "Taxing districts' capital costs" means those costs of

 

 

SB2298- 56 -LRB102 17272 AWJ 22744 b

1taxing districts for capital improvements that are found by
2the municipal corporate authorities to be necessary and
3directly result from the redevelopment project.
4    (v) As used in subsection (a) of Section 11-74.4-3 of this
5Act, "vacant land" means any parcel or combination of parcels
6of real property without industrial, commercial, and
7residential buildings which has not been used for commercial
8agricultural purposes within 5 years prior to the designation
9of the redevelopment project area, unless the parcel is
10included in an industrial park conservation area or the parcel
11has been subdivided; provided that if the parcel was part of a
12larger tract that has been divided into 3 or more smaller
13tracts that were accepted for recording during the period from
141950 to 1990, then the parcel shall be deemed to have been
15subdivided, and all proceedings and actions of the
16municipality taken in that connection with respect to any
17previously approved or designated redevelopment project area
18or amended redevelopment project area are hereby validated and
19hereby declared to be legally sufficient for all purposes of
20this Act. For purposes of this Section and only for land
21subject to the subdivision requirements of the Plat Act, land
22is subdivided when the original plat of the proposed
23Redevelopment Project Area or relevant portion thereof has
24been properly certified, acknowledged, approved, and recorded
25or filed in accordance with the Plat Act and a preliminary
26plat, if any, for any subsequent phases of the proposed

 

 

SB2298- 57 -LRB102 17272 AWJ 22744 b

1Redevelopment Project Area or relevant portion thereof has
2been properly approved and filed in accordance with the
3applicable ordinance of the municipality.
4    (w) "Annual Total Increment" means the sum of each
5municipality's annual Net Sales Tax Increment and each
6municipality's annual Net Utility Tax Increment. The ratio of
7the Annual Total Increment of each municipality to the Annual
8Total Increment for all municipalities, as most recently
9calculated by the Department, shall determine the proportional
10shares of the Illinois Tax Increment Fund to be distributed to
11each municipality.
12    (x) "LEED certified" means any certification level of
13construction elements by a qualified Leadership in Energy and
14Environmental Design Accredited Professional as determined by
15the U.S. Green Building Council.
16    (y) "Green Globes certified" means any certification level
17of construction elements by a qualified Green Globes
18Professional as determined by the Green Building Initiative.
19(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
20100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
 
21    (65 ILCS 5/11-74.4-3.5)
22    Sec. 11-74.4-3.5. Completion dates for redevelopment
23projects.
24    (a) Unless otherwise stated in this Section and before
25July 1, 2021, the estimated dates of completion of the

 

 

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1redevelopment project and retirement of obligations issued to
2finance redevelopment project costs (including refunding bonds
3under Section 11-74.4-7) may not be later than December 31 of
4the year in which the payment to the municipal treasurer, as
5provided in subsection (b) of Section 11-74.4-8 of this Act,
6is to be made with respect to ad valorem taxes levied in the
723rd calendar year after the year in which the ordinance
8approving the redevelopment project area was adopted if the
9ordinance was adopted on or after January 15, 1981.
10    (a-3) After July 1, 2021, the estimated dates of
11completion of the redevelopment project and retirement of
12obligations issued to finance redevelopment project costs
13(including refunding bonds under Section 11-74.4-7) may not be
14later than December 31 of the year in which the payment to the
15municipal treasurer, as provided in subsection (b) of Section
1611-74.4-8 of this Act, is to be made with respect to ad valorem
17taxes levied in the 10th calendar year after the year in which
18the ordinance approving the redevelopment project area was
19adopted if the ordinance was adopted on or after July 1, 2021.
20    (a-5) If the redevelopment project area is located within
21a transit facility improvement area established pursuant to
22Section 11-74.4-3, the estimated dates of completion of the
23redevelopment project and retirement of obligations issued to
24finance redevelopment project costs (including refunding bonds
25under Section 11-74.4-7) may not be later than December 31 of
26the year in which the payment to the municipal treasurer, as

 

 

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1provided in subsection (b) of Section 11-74.4-8 of this Act,
2is to be made with respect to ad valorem taxes levied in the
335th calendar year after the year in which the ordinance
4approving the redevelopment project area was adopted.
5    (a-7) A municipality may adopt tax increment financing for
6a redevelopment project area located in a transit facility
7improvement area that also includes real property located
8within an existing redevelopment project area established
9prior to August 12, 2016 (the effective date of Public Act
1099-792). In such case: (i) the provisions of this Division
11shall apply with respect to the previously established
12redevelopment project area until the municipality adopts, as
13required in accordance with applicable provisions of this
14Division, an ordinance dissolving the special tax allocation
15fund for such redevelopment project area and terminating the
16designation of such redevelopment project area as a
17redevelopment project area; and (ii) after the effective date
18of the ordinance described in (i), the provisions of this
19Division shall apply with respect to the subsequently
20established redevelopment project area located in a transit
21facility improvement area.
22    (b) The estimated dates of completion of the redevelopment
23project and retirement of obligations issued to finance
24redevelopment project costs (including refunding bonds under
25Section 11-74.4-7) may not be later than December 31 of the
26year in which the payment to the municipal treasurer as

 

 

SB2298- 60 -LRB102 17272 AWJ 22744 b

1provided in subsection (b) of Section 11-74.4-8 of this Act is
2to be made with respect to ad valorem taxes levied in the 32nd
3calendar year after the year in which the ordinance approving
4the redevelopment project area was adopted if the ordinance
5was adopted on September 9, 1999 by the Village of Downs.
6    The estimated dates of completion of the redevelopment
7project and retirement of obligations issued to finance
8redevelopment project costs (including refunding bonds under
9Section 11-74.4-7) may not be later than December 31 of the
10year in which the payment to the municipal treasurer as
11provided in subsection (b) of Section 11-74.4-8 of this Act is
12to be made with respect to ad valorem taxes levied in the 33rd
13calendar year after the year in which the ordinance approving
14the redevelopment project area was adopted if the ordinance
15was adopted on May 20, 1985 by the Village of Wheeling.
16    The estimated dates of completion of the redevelopment
17project and retirement of obligations issued to finance
18redevelopment project costs (including refunding bonds under
19Section 11-74.4-7) may not be later than December 31 of the
20year in which the payment to the municipal treasurer as
21provided in subsection (b) of Section 11-74.4-8 of this Act is
22to be made with respect to ad valorem taxes levied in the 28th
23calendar year after the year in which the ordinance approving
24the redevelopment project area was adopted if the ordinance
25was adopted on October 12, 1989 by the City of Lawrenceville.
26    (c) The estimated dates of completion of the redevelopment

 

 

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1project and retirement of obligations issued to finance
2redevelopment project costs (including refunding bonds under
3Section 11-74.4-7) may not be later than December 31 of the
4year in which the payment to the municipal treasurer as
5provided in subsection (b) of Section 11-74.4-8 of this Act is
6to be made with respect to ad valorem taxes levied (i) in the
735th calendar year after the year in which the ordinance
8approving the redevelopment project area was adopted through
9June 30, 2021, and (ii) after July 1, 2021, in the 15th
10calendar year after the year in which the ordinance approving
11the redevelopment project area was adopted:
12        (1) If the ordinance was adopted before January 15,
13    1981.
14        (2) If the ordinance was adopted in December 1983,
15    April 1984, July 1985, or December 1989.
16        (3) If the ordinance was adopted in December 1987 and
17    the redevelopment project is located within one mile of
18    Midway Airport.
19        (4) If the ordinance was adopted before January 1,
20    1987 by a municipality in Mason County.
21        (5) If the municipality is subject to the Local
22    Government Financial Planning and Supervision Act or the
23    Financially Distressed City Law.
24        (6) If the ordinance was adopted in December 1984 by
25    the Village of Rosemont.
26        (7) If the ordinance was adopted on December 31, 1986

 

 

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1    by a municipality located in Clinton County for which at
2    least $250,000 of tax increment bonds were authorized on
3    June 17, 1997, or if the ordinance was adopted on December
4    31, 1986 by a municipality with a population in 1990 of
5    less than 3,600 that is located in a county with a
6    population in 1990 of less than 34,000 and for which at
7    least $250,000 of tax increment bonds were authorized on
8    June 17, 1997.
9        (8) If the ordinance was adopted on October 5, 1982 by
10    the City of Kankakee, or if the ordinance was adopted on
11    December 29, 1986 by East St. Louis.
12        (9) If the ordinance was adopted on November 12, 1991
13    by the Village of Sauget.
14        (10) If the ordinance was adopted on February 11, 1985
15    by the City of Rock Island.
16        (11) If the ordinance was adopted before December 18,
17    1986 by the City of Moline.
18        (12) If the ordinance was adopted in September 1988 by
19    Sauk Village.
20        (13) If the ordinance was adopted in October 1993 by
21    Sauk Village.
22        (14) If the ordinance was adopted on December 29, 1986
23    by the City of Galva.
24        (15) If the ordinance was adopted in March 1991 by the
25    City of Centreville.
26        (16) If the ordinance was adopted on January 23, 1991

 

 

SB2298- 63 -LRB102 17272 AWJ 22744 b

1    by the City of East St. Louis.
2        (17) If the ordinance was adopted on December 22, 1986
3    by the City of Aledo.
4        (18) If the ordinance was adopted on February 5, 1990
5    by the City of Clinton.
6        (19) If the ordinance was adopted on September 6, 1994
7    by the City of Freeport.
8        (20) If the ordinance was adopted on December 22, 1986
9    by the City of Tuscola.
10        (21) If the ordinance was adopted on December 23, 1986
11    by the City of Sparta.
12        (22) If the ordinance was adopted on December 23, 1986
13    by the City of Beardstown.
14        (23) If the ordinance was adopted on April 27, 1981,
15    October 21, 1985, or December 30, 1986 by the City of
16    Belleville.
17        (24) If the ordinance was adopted on December 29, 1986
18    by the City of Collinsville.
19        (25) If the ordinance was adopted on September 14,
20    1994 by the City of Alton.
21        (26) If the ordinance was adopted on November 11, 1996
22    by the City of Lexington.
23        (27) If the ordinance was adopted on November 5, 1984
24    by the City of LeRoy.
25        (28) If the ordinance was adopted on April 3, 1991 or
26    June 3, 1992 by the City of Markham.

 

 

SB2298- 64 -LRB102 17272 AWJ 22744 b

1        (29) If the ordinance was adopted on November 11, 1986
2    by the City of Pekin.
3        (30) If the ordinance was adopted on December 15, 1981
4    by the City of Champaign.
5        (31) If the ordinance was adopted on December 15, 1986
6    by the City of Urbana.
7        (32) If the ordinance was adopted on December 15, 1986
8    by the Village of Heyworth.
9        (33) If the ordinance was adopted on February 24, 1992
10    by the Village of Heyworth.
11        (34) If the ordinance was adopted on March 16, 1995 by
12    the Village of Heyworth.
13        (35) If the ordinance was adopted on December 23, 1986
14    by the Town of Cicero.
15        (36) If the ordinance was adopted on December 30, 1986
16    by the City of Effingham.
17        (37) If the ordinance was adopted on May 9, 1991 by the
18    Village of Tilton.
19        (38) If the ordinance was adopted on October 20, 1986
20    by the City of Elmhurst.
21        (39) If the ordinance was adopted on January 19, 1988
22    by the City of Waukegan.
23        (40) If the ordinance was adopted on September 21,
24    1998 by the City of Waukegan.
25        (41) If the ordinance was adopted on December 31, 1986
26    by the City of Sullivan.

 

 

SB2298- 65 -LRB102 17272 AWJ 22744 b

1        (42) If the ordinance was adopted on December 23, 1991
2    by the City of Sullivan.
3        (43) If the ordinance was adopted on December 31, 1986
4    by the City of Oglesby.
5        (44) If the ordinance was adopted on July 28, 1987 by
6    the City of Marion.
7        (45) If the ordinance was adopted on April 23, 1990 by
8    the City of Marion.
9        (46) If the ordinance was adopted on August 20, 1985
10    by the Village of Mount Prospect.
11        (47) If the ordinance was adopted on February 2, 1998
12    by the Village of Woodhull.
13        (48) If the ordinance was adopted on April 20, 1993 by
14    the Village of Princeville.
15        (49) If the ordinance was adopted on July 1, 1986 by
16    the City of Granite City.
17        (50) If the ordinance was adopted on February 2, 1989
18    by the Village of Lombard.
19        (51) If the ordinance was adopted on December 29, 1986
20    by the Village of Gardner.
21        (52) If the ordinance was adopted on July 14, 1999 by
22    the Village of Paw Paw.
23        (53) If the ordinance was adopted on November 17, 1986
24    by the Village of Franklin Park.
25        (54) If the ordinance was adopted on November 20, 1989
26    by the Village of South Holland.

 

 

SB2298- 66 -LRB102 17272 AWJ 22744 b

1        (55) If the ordinance was adopted on July 14, 1992 by
2    the Village of Riverdale.
3        (56) If the ordinance was adopted on December 29, 1986
4    by the City of Galesburg.
5        (57) If the ordinance was adopted on April 1, 1985 by
6    the City of Galesburg.
7        (58) If the ordinance was adopted on May 21, 1990 by
8    the City of West Chicago.
9        (59) If the ordinance was adopted on December 16, 1986
10    by the City of Oak Forest.
11        (60) If the ordinance was adopted in 1999 by the City
12    of Villa Grove.
13        (61) If the ordinance was adopted on January 13, 1987
14    by the Village of Mt. Zion.
15        (62) If the ordinance was adopted on December 30, 1986
16    by the Village of Manteno.
17        (63) If the ordinance was adopted on April 3, 1989 by
18    the City of Chicago Heights.
19        (64) If the ordinance was adopted on January 6, 1999
20    by the Village of Rosemont.
21        (65) If the ordinance was adopted on December 19, 2000
22    by the Village of Stone Park.
23        (66) If the ordinance was adopted on December 22, 1986
24    by the City of DeKalb.
25        (67) If the ordinance was adopted on December 2, 1986
26    by the City of Aurora.

 

 

SB2298- 67 -LRB102 17272 AWJ 22744 b

1        (68) If the ordinance was adopted on December 31, 1986
2    by the Village of Milan.
3        (69) If the ordinance was adopted on September 8, 1994
4    by the City of West Frankfort.
5        (70) If the ordinance was adopted on December 23, 1986
6    by the Village of Libertyville.
7        (71) If the ordinance was adopted on December 22, 1986
8    by the Village of Hoffman Estates.
9        (72) If the ordinance was adopted on September 17,
10    1986 by the Village of Sherman.
11        (73) If the ordinance was adopted on December 16, 1986
12    by the City of Macomb.
13        (74) If the ordinance was adopted on June 11, 2002 by
14    the City of East Peoria to create the West Washington
15    Street TIF.
16        (75) If the ordinance was adopted on June 11, 2002 by
17    the City of East Peoria to create the Camp Street TIF.
18        (76) If the ordinance was adopted on August 7, 2000 by
19    the City of Des Plaines.
20        (77) If the ordinance was adopted on December 22, 1986
21    by the City of Washington to create the Washington Square
22    TIF #2.
23        (78) If the ordinance was adopted on December 29, 1986
24    by the City of Morris.
25        (79) If the ordinance was adopted on July 6, 1998 by
26    the Village of Steeleville.

 

 

SB2298- 68 -LRB102 17272 AWJ 22744 b

1        (80) If the ordinance was adopted on December 29, 1986
2    by the City of Pontiac to create TIF I (the Main St TIF).
3        (81) If the ordinance was adopted on December 29, 1986
4    by the City of Pontiac to create TIF II (the Interstate
5    TIF).
6        (82) If the ordinance was adopted on November 6, 2002
7    by the City of Chicago to create the Madden/Wells TIF
8    District.
9        (83) If the ordinance was adopted on November 4, 1998
10    by the City of Chicago to create the Roosevelt/Racine TIF
11    District.
12        (84) If the ordinance was adopted on June 10, 1998 by
13    the City of Chicago to create the Stony Island
14    Commercial/Burnside Industrial Corridors TIF District.
15        (85) If the ordinance was adopted on November 29, 1989
16    by the City of Chicago to create the Englewood Mall TIF
17    District.
18        (86) If the ordinance was adopted on December 27, 1986
19    by the City of Mendota.
20        (87) If the ordinance was adopted on December 31, 1986
21    by the Village of Cahokia.
22        (88) If the ordinance was adopted on September 20,
23    1999 by the City of Belleville.
24        (89) If the ordinance was adopted on December 30, 1986
25    by the Village of Bellevue to create the Bellevue TIF
26    District 1.

 

 

SB2298- 69 -LRB102 17272 AWJ 22744 b

1        (90) If the ordinance was adopted on December 13, 1993
2    by the Village of Crete.
3        (91) If the ordinance was adopted on February 12, 2001
4    by the Village of Crete.
5        (92) If the ordinance was adopted on April 23, 2001 by
6    the Village of Crete.
7        (93) If the ordinance was adopted on December 16, 1986
8    by the City of Champaign.
9        (94) If the ordinance was adopted on December 20, 1986
10    by the City of Charleston.
11        (95) If the ordinance was adopted on June 6, 1989 by
12    the Village of Romeoville.
13        (96) If the ordinance was adopted on October 14, 1993
14    and amended on August 2, 2010 by the City of Venice.
15        (97) If the ordinance was adopted on June 1, 1994 by
16    the City of Markham.
17        (98) If the ordinance was adopted on May 19, 1998 by
18    the Village of Bensenville.
19        (99) If the ordinance was adopted on November 12, 1987
20    by the City of Dixon.
21        (100) If the ordinance was adopted on December 20,
22    1988 by the Village of Lansing.
23        (101) If the ordinance was adopted on October 27, 1998
24    by the City of Moline.
25        (102) If the ordinance was adopted on May 21, 1991 by
26    the Village of Glenwood.

 

 

SB2298- 70 -LRB102 17272 AWJ 22744 b

1        (103) If the ordinance was adopted on January 28, 1992
2    by the City of East Peoria.
3        (104) If the ordinance was adopted on December 14,
4    1998 by the City of Carlyle.
5        (105) If the ordinance was adopted on May 17, 2000, as
6    subsequently amended, by the City of Chicago to create the
7    Midwest Redevelopment TIF District.
8        (106) If the ordinance was adopted on September 13,
9    1989 by the City of Chicago to create the Michigan/Cermak
10    Area TIF District.
11        (107) If the ordinance was adopted on March 30, 1992
12    by the Village of Ohio.
13        (108) If the ordinance was adopted on July 6, 1998 by
14    the Village of Orangeville.
15        (109) If the ordinance was adopted on December 16,
16    1997 by the Village of Germantown.
17        (110) If the ordinance was adopted on April 28, 2003
18    by Gibson City.
19        (111) If the ordinance was adopted on December 18,
20    1990 by the Village of Washington Park, but only after the
21    Village of Washington Park becomes compliant with the
22    reporting requirements under subsection (d) of Section
23    11-74.4-5, and after the State Comptroller's certification
24    of such compliance.
25        (112) If the ordinance was adopted on February 28,
26    2000 by the City of Harvey.

 

 

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1        (113) If the ordinance was adopted on January 11, 1991
2    by the City of Chicago to create the Read/Dunning TIF
3    District.
4        (114) If the ordinance was adopted on July 24, 1991 by
5    the City of Chicago to create the Sanitary and Ship Canal
6    TIF District.
7        (115) If the ordinance was adopted on December 4, 2007
8    by the City of Naperville.
9        (116) If the ordinance was adopted on July 1, 2002 by
10    the Village of Arlington Heights.
11        (117) If the ordinance was adopted on February 11,
12    1991 by the Village of Machesney Park.
13        (118) If the ordinance was adopted on December 29,
14    1993 by the City of Ottawa.
15        (119) If the ordinance was adopted on June 4, 1991 by
16    the Village of Lansing.
17        (120) If the ordinance was adopted on February 10,
18    2004 by the Village of Fox Lake.
19        (121) If the ordinance was adopted on December 22,
20    1992 by the City of Fairfield.
21        (122) If the ordinance was adopted on February 10,
22    1992 by the City of Mt. Sterling.
23        (123) If the ordinance was adopted on March 15, 2004
24    by the City of Batavia.
25        (124) If the ordinance was adopted on March 18, 2002
26    by the Village of Lake Zurich.

 

 

SB2298- 72 -LRB102 17272 AWJ 22744 b

1        (125) If the ordinance was adopted on September 23,
2    1997 by the City of Granite City.
3        (126) If the ordinance was adopted on May 8, 2013 by
4    the Village of Rosemont to create the Higgins Road/River
5    Road TIF District No. 6.
6        (127) If the ordinance was adopted on November 22,
7    1993 by the City of Arcola.
8        (128) If the ordinance was adopted on September 7,
9    2004 by the City of Arcola.
10        (129) If the ordinance was adopted on November 29,
11    1999 by the City of Paris.
12        (130) If the ordinance was adopted on September 20,
13    1994 by the City of Ottawa to create the U.S. Route 6 East
14    Ottawa TIF.
15        (131) If the ordinance was adopted on May 2, 2002 by
16    the Village of Crestwood.
17        (132) If the ordinance was adopted on October 27, 1992
18    by the City of Blue Island.
19        (133) If the ordinance was adopted on December 23,
20    1993 by the City of Lacon.
21        (134) If the ordinance was adopted on May 4, 1998 by
22    the Village of Bradford.
23        (135) If the ordinance was adopted on June 11, 2002 by
24    the City of Oak Forest.
25        (136) If the ordinance was adopted on November 16,
26    1992 by the City of Pinckneyville.

 

 

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1        (137) If the ordinance was adopted on March 1, 2001 by
2    the Village of South Jacksonville.
3        (138) If the ordinance was adopted on February 26,
4    1992 by the City of Chicago to create the Stockyards
5    Southeast Quadrant TIF District.
6        (139) If the ordinance was adopted on January 25, 1993
7    by the City of LaSalle.
8        (140) If the ordinance was adopted on December 23,
9    1997 by the Village of Dieterich.
10        (141) If the ordinance was adopted on February 10,
11    2016 by the Village of Rosemont to create the
12    Balmoral/Pearl TIF No. 8 Tax Increment Financing
13    Redevelopment Project Area.
14        (142) If the ordinance was adopted on June 11, 2002 by
15    the City of Oak Forest.
16        (143) If the ordinance was adopted on January 31, 1995
17    by the Village of Milledgeville.
18        (144) If the ordinance was adopted on February 5, 1996
19    by the Village of Pearl City.
20        (145) If the ordinance was adopted on December 21,
21    1994 by the City of Calumet City.
22        (146) If the ordinance was adopted on May 5, 2003 by
23    the Town of Normal.
24        (147) If the ordinance was adopted on June 2, 1998 by
25    the City of Litchfield.
26        (148) If the ordinance was adopted on October 23, 1995

 

 

SB2298- 74 -LRB102 17272 AWJ 22744 b

1    by the City of Marion.
2        (149) If the ordinance was adopted on May 24, 2001 by
3    the Village of Hanover Park.
4        (150) If the ordinance was adopted on May 30, 1995 by
5    the Village of Dalzell.
6        (151) If the ordinance was adopted on April 15, 1997
7    by the City of Edwardsville.
8        (152) If the ordinance was adopted on September 5,
9    1995 by the City of Granite City.
10        (153) If the ordinance was adopted on June 21, 1999 by
11    the Village of Table Grove.
12        (154) If the ordinance was adopted on February 23,
13    1995 by the City of Springfield.
14        (155) If the ordinance was adopted on August 11, 1999
15    by the City of Monmouth.
16        (156) If the ordinance was adopted on December 26,
17    1995 by the Village of Posen.
18        (157) If the ordinance was adopted on July 1, 1995 by
19    the Village of Caseyville.
20        (158) If the ordinance was adopted on January 30, 1996
21    by the City of Madison.
22        (159) If the ordinance was adopted on February 2, 1996
23    by the Village of Hartford.
24        (160) If the ordinance was adopted on July 2, 1996 by
25    the Village of Manlius.
26        (161) If the ordinance was adopted on March 21, 2000

 

 

SB2298- 75 -LRB102 17272 AWJ 22744 b

1    by the City of Hoopeston.
2        (162) If the ordinance was adopted on March 22, 2005
3    by the City of Hoopeston.
4        (163) If the ordinance was adopted on July 10, 1996 by
5    the City of Chicago to create the Goose Island TIF
6    District.
7        (164) If the ordinance was adopted on December 11,
8    1996 by the City of Chicago to create the Bryn
9    Mawr/Broadway TIF District.
10        (165) If the ordinance was adopted on December 31,
11    1995 by the City of Chicago to create the 95th/Western TIF
12    District.
13        (166) If the ordinance was adopted on October 7, 1998
14    by the City of Chicago to create the 71st and Stony Island
15    TIF District.
16        (167) If the ordinance was adopted on April 19, 1995
17    by the Village of North Utica.
18        (168) If the ordinance was adopted on April 22, 1996
19    by the City of LaSalle.
20        (169) If the ordinance was adopted on June 9, 2008 by
21    the City of Country Club Hills.
22        (170) If the ordinance was adopted on July 3, 1996 by
23    the Village of Phoenix.
24        (171) If the ordinance was adopted on May 19, 1997 by
25    the Village of Swansea.
26        (172) If the ordinance was adopted on August 13, 2001

 

 

SB2298- 76 -LRB102 17272 AWJ 22744 b

1    by the Village of Saunemin.
2        (173) If the ordinance was adopted on January 10, 2005
3    by the Village of Romeoville.
4        (174) If the ordinance was adopted on January 28, 1997
5    by the City of Berwyn for the South Berwyn Corridor Tax
6    Increment Financing District.
7        (175) If the ordinance was adopted on January 28, 1997
8    by the City of Berwyn for the Roosevelt Road Tax Increment
9    Financing District.
10        (176) If the ordinance was adopted on May 3, 2001 by
11    the Village of Hanover Park for the Village Center Tax
12    Increment Financing Redevelopment Project Area (TIF # 3).
13        (177) If the ordinance was adopted on January 1, 1996
14    by the City of Savanna.
15        (178) If the ordinance was adopted on January 28, 2002
16    by the Village of Okawville.
17        (179) If the ordinance was adopted on October 4, 1999
18    by the City of Vandalia.
19        (180) If the ordinance was adopted on June 16, 2003 by
20    the City of Rushville.
21        (181) If the ordinance was adopted on December 7, 1998
22    by the City of Quincy for the Central Business District
23    West Tax Increment Redevelopment Project Area.
24        (182) If the ordinance was adopted on March 27, 1997
25    by the Village of Maywood approving the Roosevelt Road TIF
26    District.

 

 

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1        (183) If the ordinance was adopted on March 27, 1997
2    by the Village of Maywood approving the Madison
3    Street/Fifth Avenue TIF District.
4        (184) If the ordinance was adopted on November 10,
5    1997 by the Village of Park Forest.
6        (185) If the ordinance was adopted on July 30, 1997 by
7    the City of Chicago to create the Near North TIF district.
8        (186) If the ordinance was adopted on December 1, 2000
9    by the Village of Mahomet.
10        (187) If the ordinance was adopted on June 16, 1999 by
11    the Village of Washburn.
12        (188) If the ordinance was adopted on August 19, 1998
13    by the Village of New Berlin.
14    On or after July 1, 2021, before the completion date may be
15extended under this subsection to the 15th calendar year after
16the year in which the ordinance approving the redevelopment
17project area was adopted, the municipality shall request that
18the joint review board convene and issue a written report
19describing its decision whether or not to extend the
20completion date of the redevelopment project area. If the
21joint review board does not file a report, it shall be presumed
22that the taxing bodies approve the extension of the life of the
23redevelopment project area. If both the municipality and the
24joint review board elects to extend the completion date under
25this subsection, the municipality shall give at least 30 days'
26written notice to the taxing bodies before the adoption of the

 

 

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1ordinance approving the extension of the completion date.
2    (d) For redevelopment project areas for which bonds were
3issued before July 29, 1991, or for which contracts were
4entered into before June 1, 1988, in connection with a
5redevelopment project in the area within the State Sales Tax
6Boundary, the estimated dates of completion of the
7redevelopment project and retirement of obligations to finance
8redevelopment project costs (including refunding bonds under
9Section 11-74.4-7) may be extended by municipal ordinance to
10December 31, 2013. The termination procedures of subsection
11(b) of Section 11-74.4-8 are not required for these
12redevelopment project areas in 2009 but are required in 2013.
13The extension allowed by Public Act 87-1272 shall not apply to
14real property tax increment allocation financing under Section
1511-74.4-8.
16    (e) Those dates, for purposes of real property tax
17increment allocation financing pursuant to Section 11-74.4-8
18only, shall be not more than 35 years for redevelopment
19project areas that were adopted on or after December 16, 1986
20and for which at least $8 million worth of municipal bonds were
21authorized on or after December 19, 1989 but before January 1,
221990; provided that the municipality elects to extend the life
23of the redevelopment project area to 35 years by the adoption
24of an ordinance after at least 14 but not more than 30 days'
25written notice to the taxing bodies, that would otherwise
26constitute the joint review board for the redevelopment

 

 

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1project area, before the adoption of the ordinance.
2    (f) Those dates, for purposes of real property tax
3increment allocation financing pursuant to Section 11-74.4-8
4only, shall be not more than 35 years for redevelopment
5project areas that were established on or after December 1,
61981 but before January 1, 1982 and for which at least
7$1,500,000 worth of tax increment revenue bonds were
8authorized on or after September 30, 1990 but before July 1,
91991; provided that the municipality elects to extend the life
10of the redevelopment project area to 35 years by the adoption
11of an ordinance after at least 14 but not more than 30 days'
12written notice to the taxing bodies, that would otherwise
13constitute the joint review board for the redevelopment
14project area, before the adoption of the ordinance.
15    (f-5) Those dates, for purposes of real property tax
16increment allocation financing pursuant to Section 11-74.4-8
17only, shall be not more than 47 years for redevelopment
18project areas that were established on December 29, 1981 by
19the City of Springfield; provided that (i) the City of
20Springfield adopts an ordinance extending the life of the
21redevelopment project area to 47 years and (ii) the City of
22Springfield provides notice to the taxing bodies that would
23otherwise constitute the joint review board for the
24redevelopment project area not more than 30 and not less than
2514 days prior to the adoption of that ordinance.
26    (g) In consolidating the material relating to completion

 

 

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1dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
2it is not the intent of the General Assembly to make any
3substantive change in the law, except for the extension of the
4completion dates for the City of Aurora, the Village of Milan,
5the City of West Frankfort, the Village of Libertyville, and
6the Village of Hoffman Estates set forth under items (67),
7(68), (69), (70), and (71) of subsection (c) of this Section.
8(Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
9100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff.
106-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18;
11100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff.
128-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18;
13100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff.
148-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18;
15101-274, eff. 8-9-19; 101-618, eff. 12-20-19; 101-647, eff.
166-26-20.)
 
17    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
18    Sec. 11-74.4-5. Public hearing; joint review board.
19    (a) The changes made by this amendatory Act of the 91st
20General Assembly do not apply to a municipality that, (i)
21before the effective date of this amendatory Act of the 91st
22General Assembly, has adopted an ordinance or resolution
23fixing a time and place for a public hearing under this Section
24or (ii) before July 1, 1999, has adopted an ordinance or
25resolution providing for a feasibility study under Section

 

 

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111-74.4-4.1, but has not yet adopted an ordinance approving
2redevelopment plans and redevelopment projects or designating
3redevelopment project areas under Section 11-74.4-4, until
4after that municipality adopts an ordinance approving
5redevelopment plans and redevelopment projects or designating
6redevelopment project areas under Section 11-74.4-4;
7thereafter the changes made by this amendatory Act of the 91st
8General Assembly apply to the same extent that they apply to
9redevelopment plans and redevelopment projects that were
10approved and redevelopment projects that were designated
11before the effective date of this amendatory Act of the 91st
12General Assembly.
13    Prior to the adoption of an ordinance proposing the
14designation of a redevelopment project area, or approving a
15redevelopment plan or redevelopment project, the municipality
16by its corporate authorities, or as it may determine by any
17commission designated under subsection (k) of Section
1811-74.4-4 shall adopt an ordinance or resolution fixing a time
19and place for public hearing. At least 10 days prior to the
20adoption of the ordinance or resolution establishing the time
21and place for the public hearing, the municipality shall make
22available for public inspection a redevelopment plan or a
23separate report that provides in reasonable detail the basis
24for the eligibility of the redevelopment project area. The
25report along with the name of a person to contact for further
26information shall be sent within a reasonable time after the

 

 

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1adoption of such ordinance or resolution to the affected
2taxing districts by certified mail. On and after the effective
3date of this amendatory Act of the 91st General Assembly, the
4municipality shall print in a newspaper of general circulation
5within the municipality a notice that interested persons may
6register with the municipality in order to receive information
7on the proposed designation of a redevelopment project area or
8the approval of a redevelopment plan. The notice shall state
9the place of registration and the operating hours of that
10place. The municipality shall have adopted reasonable rules to
11implement this registration process under Section 11-74.4-4.2.
12The municipality shall provide notice of the availability of
13the redevelopment plan and eligibility report, including how
14to obtain this information, by mail within a reasonable time
15after the adoption of the ordinance or resolution, to all
16residential addresses that, after a good faith effort, the
17municipality determines are located outside the proposed
18redevelopment project area and within 750 feet of the
19boundaries of the proposed redevelopment project area. This
20requirement is subject to the limitation that in a
21municipality with a population of over 100,000, if the total
22number of residential addresses outside the proposed
23redevelopment project area and within 750 feet of the
24boundaries of the proposed redevelopment project area exceeds
25750, the municipality shall be required to provide the notice
26to only the 750 residential addresses that, after a good faith

 

 

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1effort, the municipality determines are outside the proposed
2redevelopment project area and closest to the boundaries of
3the proposed redevelopment project area. Notwithstanding the
4foregoing, notice given after August 7, 2001 (the effective
5date of Public Act 92-263) and before the effective date of
6this amendatory Act of the 92nd General Assembly to
7residential addresses within 750 feet of the boundaries of a
8proposed redevelopment project area shall be deemed to have
9been sufficiently given in compliance with this Act if given
10only to residents outside the boundaries of the proposed
11redevelopment project area. The notice shall also be provided
12by the municipality, regardless of its population, to those
13organizations and residents that have registered with the
14municipality for that information in accordance with the
15registration guidelines established by the municipality under
16Section 11-74.4-4.2.
17    At the public hearing any interested person or affected
18taxing district may file with the municipal clerk written
19objections to and may be heard orally in respect to any issues
20embodied in the notice. The municipality shall hear all
21protests and objections at the hearing and the hearing may be
22adjourned to another date without further notice other than a
23motion to be entered upon the minutes fixing the time and place
24of the subsequent hearing. At the public hearing or at any time
25prior to the adoption by the municipality of an ordinance
26approving a redevelopment plan, the municipality may make

 

 

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1changes in the redevelopment plan. Changes which (1) add
2additional parcels of property to the proposed redevelopment
3project area, (2) substantially affect the general land uses
4proposed in the redevelopment plan, (3) substantially change
5the nature of or extend the life of the redevelopment project,
6or (4) increase the number of inhabited residential units to
7be displaced from the redevelopment project area, as measured
8from the time of creation of the redevelopment project area,
9to a total of more than 10, shall be made only after the
10municipality gives notice, convenes a joint review board, and
11conducts a public hearing pursuant to the procedures set forth
12in this Section and in Section 11-74.4-6 of this Act. Changes
13which do not (1) add additional parcels of property to the
14proposed redevelopment project area, (2) substantially affect
15the general land uses proposed in the redevelopment plan, (3)
16substantially change the nature of or extend the life of the
17redevelopment project, or (4) increase the number of inhabited
18residential units to be displaced from the redevelopment
19project area, as measured from the time of creation of the
20redevelopment project area, to a total of more than 10, may be
21made without further hearing, provided that the municipality
22shall give notice of any such changes by mail to each affected
23taxing district and registrant on the interested parties
24registry, provided for under Section 11-74.4-4.2, and by
25publication in a newspaper of general circulation within the
26affected taxing district. Such notice by mail and by

 

 

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1publication shall each occur not later than 10 days following
2the adoption by ordinance of such changes. Hearings with
3regard to a redevelopment project area, project or plan may be
4held simultaneously.
5    (b) Prior to holding a public hearing to approve or amend a
6redevelopment plan or to designate or add additional parcels
7of property to a redevelopment project area, the municipality
8shall convene a joint review board. The board shall consist of
9a representative selected by each community college district,
10local elementary school district and high school district or
11each local community unit school district, park district,
12library district, township, fire protection district, and
13county that will have the authority to directly levy taxes on
14the property within the proposed redevelopment project area at
15the time that the proposed redevelopment project area is
16approved, a representative selected by the municipality and a
17public member. The public member shall first be selected and
18then the board's chairperson shall be selected by a majority
19of the board members present and voting.
20    For redevelopment project areas with redevelopment plans
21or proposed redevelopment plans that would result in the
22displacement of residents from 10 or more inhabited
23residential units or that include 75 or more inhabited
24residential units, the public member shall be a person who
25resides in the redevelopment project area. If, as determined
26by the housing impact study provided for in paragraph (5) of

 

 

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1subsection (n) of Section 11-74.4-3, or if no housing impact
2study is required then based on other reasonable data, the
3majority of residential units are occupied by very low, low,
4or moderate income households, as defined in Section 3 of the
5Illinois Affordable Housing Act, the public member shall be a
6person who resides in very low, low, or moderate income
7housing within the redevelopment project area. Municipalities
8with fewer than 15,000 residents shall not be required to
9select a person who lives in very low, low, or moderate income
10housing within the redevelopment project area, provided that
11the redevelopment plan or project will not result in
12displacement of residents from 10 or more inhabited units, and
13the municipality so certifies in the plan. If no person
14satisfying these requirements is available or if no qualified
15person will serve as the public member, then the joint review
16board is relieved of this paragraph's selection requirements
17for the public member.
18    Within 90 days of the effective date of this amendatory
19Act of the 91st General Assembly, each municipality that
20designated a redevelopment project area for which it was not
21required to convene a joint review board under this Section
22shall convene a joint review board to perform the duties
23specified under paragraph (e) of this Section.
24    All board members shall be appointed and the first board
25meeting shall be held at least 14 days but not more than 28
26days after the mailing of notice by the municipality to the

 

 

SB2298- 87 -LRB102 17272 AWJ 22744 b

1taxing districts as required by Section 11-74.4-6(c).
2Notwithstanding the preceding sentence, a municipality that
3adopted either a public hearing resolution or a feasibility
4resolution between July 1, 1999 and July 1, 2000 that called
5for the meeting of the joint review board within 14 days of
6notice of public hearing to affected taxing districts is
7deemed to be in compliance with the notice, meeting, and
8public hearing provisions of the Act. Such notice shall also
9advise the taxing bodies represented on the joint review board
10of the time and place of the first meeting of the board.
11Additional meetings of the board shall be held upon the call of
12any member. The municipality seeking designation of the
13redevelopment project area shall provide administrative
14support to the board.
15    The board shall review (i) the public record, planning
16documents and proposed ordinances approving the redevelopment
17plan and project and (ii) proposed amendments to the
18redevelopment plan or additions of parcels of property to the
19redevelopment project area to be adopted by the municipality.
20As part of its deliberations, the board may hold additional
21hearings on the proposal. A board's recommendation shall be an
22advisory, non-binding recommendation. The recommendation shall
23be adopted by a majority of those members present and voting.
24The recommendations shall be submitted to the municipality
25within 30 days after convening of the board. Failure of the
26board to submit its report on a timely basis shall not be cause

 

 

SB2298- 88 -LRB102 17272 AWJ 22744 b

1to delay the public hearing or any other step in the process of
2designating or amending the redevelopment project area but
3shall be deemed to constitute approval by the joint review
4board of the matters before it.
5    The board shall base its recommendation to approve or
6disapprove the redevelopment plan and the designation of the
7redevelopment project area or the amendment of the
8redevelopment plan or addition of parcels of property to the
9redevelopment project area on the basis of the redevelopment
10project area and redevelopment plan satisfying the plan
11requirements, the eligibility criteria defined in Section
1211-74.4-3, and the objectives of this Act.
13    The board shall issue a written report describing why the
14redevelopment plan and project area or the amendment thereof
15meets or fails to meet one or more of the objectives of this
16Act and both the plan requirements and the eligibility
17criteria defined in Section 11-74.4-3. In the event the Board
18does not file a report it shall be presumed that these taxing
19bodies find the redevelopment project area and redevelopment
20plan satisfy the objectives of this Act and the plan
21requirements and eligibility criteria.
22    If the board recommends rejection of the matters before
23it, the municipality will have 30 days within which to
24resubmit the plan or amendment. During this period, the
25municipality will meet and confer with the board and attempt
26to resolve those issues set forth in the board's written

 

 

SB2298- 89 -LRB102 17272 AWJ 22744 b

1report that led to the rejection of the plan or amendment.
2    Notwithstanding the resubmission set forth above, the
3municipality may commence the scheduled public hearing and
4either adjourn the public hearing or continue the public
5hearing until a date certain. Prior to continuing any public
6hearing to a date certain, the municipality shall announce
7during the public hearing the time, date, and location for the
8reconvening of the public hearing. Any changes to the
9redevelopment plan necessary to satisfy the issues set forth
10in the joint review board report shall be the subject of a
11public hearing before the hearing is adjourned if the changes
12would (1) substantially affect the general land uses proposed
13in the redevelopment plan, (2) substantially change the nature
14of or extend the life of the redevelopment project, or (3)
15increase the number of inhabited residential units to be
16displaced from the redevelopment project area, as measured
17from the time of creation of the redevelopment project area,
18to a total of more than 10. Changes to the redevelopment plan
19necessary to satisfy the issues set forth in the joint review
20board report shall not require any further notice or convening
21of a joint review board meeting, except that any changes to the
22redevelopment plan that would add additional parcels of
23property to the proposed redevelopment project area shall be
24subject to the notice, public hearing, and joint review board
25meeting requirements established for such changes by
26subsection (a) of Section 11-74.4-5.

 

 

SB2298- 90 -LRB102 17272 AWJ 22744 b

1    In the event that the municipality and the board are
2unable to resolve these differences, or in the event that the
3resubmitted plan or amendment is rejected by the board, the
4municipality may proceed with the plan or amendment, but only
5upon a three-fifths vote of the corporate authority
6responsible for approval of the plan or amendment, excluding
7positions of members that are vacant and those members that
8are ineligible to vote because of conflicts of interest.
9    After the effective date of this amendatory Act of the
10102nd General Assembly, a new redevelopment project area that
11overlaps with any existing redevelopment project area or an
12expansion of a redevelopment project area so that the expanded
13area will overlap with any existing redevelopment project area
14may not be approved.
15    (c) After a municipality has by ordinance approved a
16redevelopment plan and designated a redevelopment project
17area, the plan may be amended and additional properties may be
18added to the redevelopment project area only as herein
19provided. Amendments which (1) add additional parcels of
20property to the proposed redevelopment project area, (2)
21substantially affect the general land uses proposed in the
22redevelopment plan, (3) substantially change the nature of the
23redevelopment project, (4) increase the total estimated
24redevelopment project costs set out in the redevelopment plan
25by more than 5% after adjustment for inflation from the date
26the plan was adopted, (5) add additional redevelopment project

 

 

SB2298- 91 -LRB102 17272 AWJ 22744 b

1costs to the itemized list of redevelopment project costs set
2out in the redevelopment plan, or (6) increase the number of
3inhabited residential units to be displaced from the
4redevelopment project area, as measured from the time of
5creation of the redevelopment project area, to a total of more
6than 10, shall be made only after the municipality gives
7notice, convenes a joint review board, and conducts a public
8hearing pursuant to the procedures set forth in this Section
9and in Section 11-74.4-6 of this Act. Changes which do not (1)
10add additional parcels of property to the proposed
11redevelopment project area, (2) substantially affect the
12general land uses proposed in the redevelopment plan, (3)
13substantially change the nature of the redevelopment project,
14(4) increase the total estimated redevelopment project cost
15set out in the redevelopment plan by more than 5% after
16adjustment for inflation from the date the plan was adopted,
17(5) add additional redevelopment project costs to the itemized
18list of redevelopment project costs set out in the
19redevelopment plan, or (6) increase the number of inhabited
20residential units to be displaced from the redevelopment
21project area, as measured from the time of creation of the
22redevelopment project area, to a total of more than 10, may be
23made without further public hearing and related notices and
24procedures including the convening of a joint review board as
25set forth in Section 11-74.4-6 of this Act, provided that the
26municipality shall give notice of any such changes by mail to

 

 

SB2298- 92 -LRB102 17272 AWJ 22744 b

1each affected taxing district and registrant on the interested
2parties registry, provided for under Section 11-74.4-4.2, and
3by publication in a newspaper of general circulation within
4the affected taxing district. Such notice by mail and by
5publication shall each occur not later than 10 days following
6the adoption by ordinance of such changes.
7    (d) After the effective date of this amendatory Act of the
891st General Assembly, a municipality shall submit in an
9electronic format the following information for each
10redevelopment project area (i) to the State Comptroller under
11Section 8-8-3.5 of the Illinois Municipal Code, subject to any
12extensions or exemptions provided at the Comptroller's
13discretion under that Section, and (ii) to all taxing
14districts overlapping the redevelopment project area no later
15than 180 days after the close of each municipal fiscal year or
16as soon thereafter as the audited financial statements become
17available and, in any case, shall be submitted before the
18annual meeting of the Joint Review Board to each of the taxing
19districts that overlap the redevelopment project area:
20        (1) Any amendments to the redevelopment plan, the
21    redevelopment project area, or the State Sales Tax
22    Boundary.
23        (1.5) A list of the redevelopment project areas
24    administered by the municipality and, if applicable, the
25    date each redevelopment project area was designated or
26    terminated by the municipality.

 

 

SB2298- 93 -LRB102 17272 AWJ 22744 b

1        (2) Audited financial statements of the special tax
2    allocation fund once a cumulative total of $100,000 has
3    been deposited in the fund.
4        (3) Certification of the Chief Executive Officer of
5    the municipality that the municipality has complied with
6    all of the requirements of this Act during the preceding
7    fiscal year.
8        (4) An opinion of legal counsel that the municipality
9    is in compliance with this Act.
10        (5) An analysis of the special tax allocation fund
11    which sets forth:
12            (A) the balance in the special tax allocation fund
13        at the beginning of the fiscal year;
14            (B) all amounts deposited in the special tax
15        allocation fund by source;
16            (C) an itemized list of all expenditures from the
17        special tax allocation fund by category of permissible
18        redevelopment project cost; and
19            (D) the balance in the special tax allocation fund
20        at the end of the fiscal year including a breakdown of
21        that balance by source and a breakdown of that balance
22        identifying any portion of the balance that is
23        required, pledged, earmarked, or otherwise designated
24        for payment of or securing of obligations and
25        anticipated redevelopment project costs. Any portion
26        of such ending balance that has not been identified or

 

 

SB2298- 94 -LRB102 17272 AWJ 22744 b

1        is not identified as being required, pledged,
2        earmarked, or otherwise designated for payment of or
3        securing of obligations or anticipated redevelopment
4        projects costs shall be designated as surplus as set
5        forth in Section 11-74.4-7 hereof.
6        (6) A description of all property purchased by the
7    municipality within the redevelopment project area
8    including:
9            (A) Street address.
10            (B) Approximate size or description of property.
11            (C) Purchase price.
12            (D) Seller of property.
13        (7) A statement setting forth all activities
14    undertaken in furtherance of the objectives of the
15    redevelopment plan, including:
16            (A) Any project implemented in the preceding
17        fiscal year.
18            (B) A description of the redevelopment activities
19        undertaken.
20            (C) A description of any agreements entered into
21        by the municipality with regard to the disposition or
22        redevelopment of any property within the redevelopment
23        project area or the area within the State Sales Tax
24        Boundary.
25            (D) Additional information on the use of all funds
26        received under this Division and steps taken by the

 

 

SB2298- 95 -LRB102 17272 AWJ 22744 b

1        municipality to achieve the objectives of the
2        redevelopment plan.
3            (E) Information regarding contracts that the
4        municipality's tax increment advisors or consultants
5        have entered into with entities or persons that have
6        received, or are receiving, payments financed by tax
7        increment revenues produced by the same redevelopment
8        project area.
9            (F) Any reports submitted to the municipality by
10        the joint review board.
11            (G) A review of public and, to the extent
12        possible, private investment actually undertaken to
13        date after the effective date of this amendatory Act
14        of the 91st General Assembly and estimated to be
15        undertaken during the following year. This review
16        shall, on a project-by-project basis, set forth the
17        estimated amounts of public and private investment
18        incurred after the effective date of this amendatory
19        Act of the 91st General Assembly and provide the ratio
20        of private investment to public investment to the date
21        of the report and as estimated to the completion of the
22        redevelopment project.
23        (8) With regard to any obligations issued by the
24    municipality:
25            (A) copies of any official statements; and
26            (B) an analysis prepared by financial advisor or

 

 

SB2298- 96 -LRB102 17272 AWJ 22744 b

1        underwriter setting forth: (i) nature and term of
2        obligation; and (ii) projected debt service including
3        required reserves and debt coverage.
4        (9) For special tax allocation funds that have
5    experienced cumulative deposits of incremental tax
6    revenues of $100,000 or more, a certified audit report
7    reviewing compliance with this Act performed by an
8    independent public accountant certified and licensed by
9    the authority of the State of Illinois. The financial
10    portion of the audit must be conducted in accordance with
11    Standards for Audits of Governmental Organizations,
12    Programs, Activities, and Functions adopted by the
13    Comptroller General of the United States (1981), as
14    amended, or the standards specified by Section 8-8-5 of
15    the Illinois Municipal Auditing Law of the Illinois
16    Municipal Code. The audit report shall contain a letter
17    from the independent certified public accountant
18    indicating compliance or noncompliance with the
19    requirements of subsection (q) of Section 11-74.4-3. For
20    redevelopment plans or projects that would result in the
21    displacement of residents from 10 or more inhabited
22    residential units or that contain 75 or more inhabited
23    residential units, notice of the availability of the
24    information, including how to obtain the report, required
25    in this subsection shall also be sent by mail to all
26    residents or organizations that operate in the

 

 

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1    municipality that register with the municipality for that
2    information according to registration procedures adopted
3    under Section 11-74.4-4.2. All municipalities are subject
4    to this provision.
5        (10) A list of all intergovernmental agreements in
6    effect during the fiscal year to which the municipality is
7    a party and an accounting of any moneys transferred or
8    received by the municipality during that fiscal year
9    pursuant to those intergovernmental agreements.
10    (d-1) Prior to the effective date of this amendatory Act
11of the 91st General Assembly, municipalities with populations
12of over 1,000,000 shall, after adoption of a redevelopment
13plan or project, make available upon request to any taxing
14district in which the redevelopment project area is located
15the following information:
16        (1) Any amendments to the redevelopment plan, the
17    redevelopment project area, or the State Sales Tax
18    Boundary; and
19        (2) In connection with any redevelopment project area
20    for which the municipality has outstanding obligations
21    issued to provide for redevelopment project costs pursuant
22    to Section 11-74.4-7, audited financial statements of the
23    special tax allocation fund.
24    (e) The joint review board shall meet annually 180 days
25after the close of the municipal fiscal year or as soon as the
26redevelopment project audit for that fiscal year becomes

 

 

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1available to review the effectiveness and status of the
2redevelopment project area up to that date.
3    (f) (Blank).
4    (g) In the event that a municipality has held a public
5hearing under this Section prior to March 14, 1994 (the
6effective date of Public Act 88-537), the requirements imposed
7by Public Act 88-537 relating to the method of fixing the time
8and place for public hearing, the materials and information
9required to be made available for public inspection, and the
10information required to be sent after adoption of an ordinance
11or resolution fixing a time and place for public hearing shall
12not be applicable.
13    (h) On and after the effective date of this amendatory Act
14of the 96th General Assembly, the State Comptroller must post
15on the State Comptroller's official website the information
16submitted by a municipality pursuant to subsection (d) of this
17Section. The information must be posted no later than 45 days
18after the State Comptroller receives the information from the
19municipality. The State Comptroller must also post a list of
20the municipalities not in compliance with the reporting
21requirements set forth in subsection (d) of this Section.
22    (i) No later than 10 years after the corporate authorities
23of a municipality adopt an ordinance to establish a
24redevelopment project area, the municipality must compile a
25status report concerning the redevelopment project area. The
26status report must detail without limitation the following:

 

 

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1(i) the amount of revenue generated within the redevelopment
2project area, (ii) any expenditures made by the municipality
3for the redevelopment project area including without
4limitation expenditures from the special tax allocation fund,
5(iii) the status of planned activities, goals, and objectives
6set forth in the redevelopment plan including details on new
7or planned construction within the redevelopment project area,
8(iv) the amount of private and public investment within the
9redevelopment project area, and (v) any other relevant
10evaluation or performance data. Within 30 days after the
11municipality compiles the status report, the municipality must
12hold at least one public hearing concerning the report. The
13municipality must provide 20 days' public notice of the
14hearing.
15    (j) Beginning in fiscal year 2011 and in each fiscal year
16thereafter, a municipality must detail in its annual budget
17(i) the revenues generated from redevelopment project areas by
18source and (ii) the expenditures made by the municipality for
19redevelopment project areas.
20(Source: P.A. 98-922, eff. 8-15-14.)
 
21    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
22    Sec. 11-74.4-7. Obligations secured by the special tax
23allocation fund set forth in Section 11-74.4-8 for the
24redevelopment project area may be issued to provide for
25redevelopment project costs. Such obligations, when so issued,

 

 

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1shall be retired in the manner provided in the ordinance
2authorizing the issuance of such obligations by the receipts
3of taxes levied as specified in Section 11-74.4-9 against the
4taxable property included in the area, by revenues as
5specified by Section 11-74.4-8a and other revenue designated
6by the municipality. A municipality may in the ordinance
7pledge all or any part of the funds in and to be deposited in
8the special tax allocation fund created pursuant to Section
911-74.4-8 to the payment of the redevelopment project costs
10and obligations. Any pledge of funds in the special tax
11allocation fund shall provide for distribution to the taxing
12districts and to the Illinois Department of Revenue of moneys
13not required, pledged, earmarked, or otherwise designated for
14payment and securing of the obligations and anticipated
15redevelopment project costs and such excess funds shall be
16calculated annually and deemed to be "surplus" funds. In the
17event a municipality only applies or pledges a portion of the
18funds in the special tax allocation fund for the payment or
19securing of anticipated redevelopment project costs or of
20obligations, any such funds remaining in the special tax
21allocation fund after complying with the requirements of the
22application or pledge, shall also be calculated annually and
23deemed "surplus" funds. The joint review board and the
24municipality shall review all funds in the special tax
25allocation fund and shall designate and approve surplus funds
26no later than 30 days after the close of the municipality's

 

 

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1fiscal year. The joint review board and municipality shall
2issue a joint written report describing why they designated
3certain funds surplus funds and why other funds were not
4designated surplus funds under the requirements of this
5paragraph. All surplus funds in the special tax allocation
6fund shall be distributed annually within 90 180 days after
7the close of the municipality's fiscal year, but not before
8the joint written report is issued under this paragraph, by
9being paid by the municipal treasurer to the County Collector,
10to the Department of Revenue and to the municipality in direct
11proportion to the tax incremental revenue received as a result
12of an increase in the equalized assessed value of property in
13the redevelopment project area, tax incremental revenue
14received from the State and tax incremental revenue received
15from the municipality, but not to exceed as to each such source
16the total incremental revenue received from that source. The
17County Collector shall thereafter make distribution to the
18respective taxing districts in the same manner and proportion
19as the most recent distribution by the county collector to the
20affected districts of real property taxes from real property
21in the redevelopment project area.
22    Without limiting the foregoing in this Section, the
23municipality may in addition to obligations secured by the
24special tax allocation fund pledge for a period not greater
25than the term of the obligations towards payment of such
26obligations any part or any combination of the following: (a)

 

 

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1net revenues of all or part of any redevelopment project; (b)
2taxes levied and collected on any or all property in the
3municipality; (c) the full faith and credit of the
4municipality; (d) a mortgage on part or all of the
5redevelopment project; (d-5) repayment of bonds issued
6pursuant to subsection (p-130) of Section 19-1 of the School
7Code; or (e) any other taxes or anticipated receipts that the
8municipality may lawfully pledge.
9    Such obligations may be issued in one or more series
10bearing interest at such rate or rates as the corporate
11authorities of the municipality shall determine by ordinance.
12Such obligations shall bear such date or dates, mature at such
13time or times not exceeding 20 years from their respective
14dates, be in such denomination, carry such registration
15privileges, be executed in such manner, be payable in such
16medium of payment at such place or places, contain such
17covenants, terms and conditions, and be subject to redemption
18as such ordinance shall provide. Obligations issued pursuant
19to this Act may be sold at public or private sale at such price
20as shall be determined by the corporate authorities of the
21municipalities. No referendum approval of the electors shall
22be required as a condition to the issuance of obligations
23pursuant to this Division except as provided in this Section.
24    In the event the municipality authorizes issuance of
25obligations pursuant to the authority of this Division secured
26by the full faith and credit of the municipality, which

 

 

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1obligations are other than obligations which may be issued
2under home rule powers provided by Article VII, Section 6 of
3the Illinois Constitution, or pledges taxes pursuant to (b) or
4(c) of the second paragraph of this section, the ordinance
5authorizing the issuance of such obligations or pledging such
6taxes shall be published within 10 days after such ordinance
7has been passed in one or more newspapers, with general
8circulation within such municipality. The publication of the
9ordinance shall be accompanied by a notice of (1) the specific
10number of voters required to sign a petition requesting the
11question of the issuance of such obligations or pledging taxes
12to be submitted to the electors; (2) the time in which such
13petition must be filed; and (3) the date of the prospective
14referendum. The municipal clerk shall provide a petition form
15to any individual requesting one.
16    If no petition is filed with the municipal clerk, as
17hereinafter provided in this Section, within 30 days after the
18publication of the ordinance, the ordinance shall be in
19effect. But, if within that 30 day period a petition is filed
20with the municipal clerk, signed by electors in the
21municipality numbering 10% or more of the number of registered
22voters in the municipality, asking that the question of
23issuing obligations using full faith and credit of the
24municipality as security for the cost of paying for
25redevelopment project costs, or of pledging taxes for the
26payment of such obligations, or both, be submitted to the

 

 

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1electors of the municipality, the corporate authorities of the
2municipality shall call a special election in the manner
3provided by law to vote upon that question, or, if a general,
4State or municipal election is to be held within a period of
5not less than 30 or more than 90 days from the date such
6petition is filed, shall submit the question at the next
7general, State or municipal election. If it appears upon the
8canvass of the election by the corporate authorities that a
9majority of electors voting upon the question voted in favor
10thereof, the ordinance shall be in effect, but if a majority of
11the electors voting upon the question are not in favor
12thereof, the ordinance shall not take effect.
13    The ordinance authorizing the obligations may provide that
14the obligations shall contain a recital that they are issued
15pursuant to this Division, which recital shall be conclusive
16evidence of their validity and of the regularity of their
17issuance.
18    In the event the municipality authorizes issuance of
19obligations pursuant to this Section secured by the full faith
20and credit of the municipality, the ordinance authorizing the
21obligations may provide for the levy and collection of a
22direct annual tax upon all taxable property within the
23municipality sufficient to pay the principal thereof and
24interest thereon as it matures, which levy may be in addition
25to and exclusive of the maximum of all other taxes authorized
26to be levied by the municipality, which levy, however, shall

 

 

SB2298- 105 -LRB102 17272 AWJ 22744 b

1be abated to the extent that monies from other sources are
2available for payment of the obligations and the municipality
3certifies the amount of said monies available to the county
4clerk.
5    A certified copy of such ordinance shall be filed with the
6county clerk of each county in which any portion of the
7municipality is situated, and shall constitute the authority
8for the extension and collection of the taxes to be deposited
9in the special tax allocation fund.
10    A municipality may also issue its obligations to refund in
11whole or in part, obligations theretofore issued by such
12municipality under the authority of this Act, whether at or
13prior to maturity, provided however, that the last maturity of
14the refunding obligations may not be later than the dates set
15forth under Section 11-74.4-3.5.
16    In the event a municipality issues obligations under home
17rule powers or other legislative authority the proceeds of
18which are pledged to pay for redevelopment project costs, the
19municipality may, if it has followed the procedures in
20conformance with this division, retire said obligations from
21funds in the special tax allocation fund in amounts and in such
22manner as if such obligations had been issued pursuant to the
23provisions of this division.
24    All obligations heretofore or hereafter issued pursuant to
25this Act shall not be regarded as indebtedness of the
26municipality issuing such obligations or any other taxing

 

 

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1district for the purpose of any limitation imposed by law.
2(Source: P.A. 100-531, eff. 9-22-17.)
 
3    Section 99. Effective date. This Act takes effect July 1,
42021.